Keeping trade talks secret from our own citizens

Amidst the advertising blitzkrieg that New Delhi has unleashed about the many meetings it is hosting as the G20 Chair, there is not even a trickle of information about the free trade agreement (FTA) negotiations with the European Union (EU) -- the 20th member of this group. Negotiations resumed last year after a longish hiatus. Three months ago, a senior babu of the Commerce Ministry tweeted about the successful conclusion of the fourth round of FTA talks in Brussels. There is not even a squeak about the fifth round that was scheduled for last week.

While the El Niño phenomenon resurfaces in the Pacific, threatening our monsoon, an ‘information drought’ has frequently characterised India’s FTA and comprehensive economic partnership negotiations with other countries. Entering into bilateral and multilateral treaties is the government’s prerogative, thanks to our peculiar constitutional scheme of division of powers. It does not require even parliament to be consulted on such matters.

Read | EU, India vow to boost trade ties despite differences

Soon after the Commerce Minister met with the European Free Trade Association’s delegation in April 2023, an RTI application was filed seeking details and mundane information about the ongoing India-EU FTA negotiations. One Central Public Information Officer (CPIO) of the Ministry’s FT (Europe) Division replied that the agenda note and the minutes of the meeting are sensitive in nature and cannot be disclosed on grounds of national security and trade secrets, which are protected under the RTI Act.

Two weeks later, another CPIO of the same division invoked those very grounds to deny access to: the report of each of the four rounds of FTA negotiations held since June 2022 and copies of stakeholder petitions seeking to influence India’s position in those talks. Nevertheless, the CPIO was kind enough to acknowledge that the ministry had received 24 such representations. The dates on which stakeholder consultations were held and the minutes of such meetings have also become sarkari secrets.

Two other parts of this RTI reply are even more alarming. The ministry seems to treat only Industry Associations and the relevant Union Ministries and Departments as stakeholders with whom a dialogue is required about FTA-related matters. Neither the states nor citizens need be consulted even though such trade agreements are aimed at improving their living standards and promoting sustainable economic growth or could destroy their livelihoods. Other stakeholders, like farmers’ associations, workers’ unions, environmental rights groups and others who work for the practical realisation of people’s constitutionally guaranteed fundamental rights, can go take a hike!

The irony of the situation becomes glaring when one gets to the European Commission’s official website. They have published not only their reports of all four rounds of India-EU FTA talks held so far, but also the textual proposals they have shared with our government on more than 20 topics, such as trade in goods and services, investment, intellectual property, sustainable food systems, and government procurement. India’s responses to these proposals is anybody’s guess. When asked about India’s official policy to guide such negotiations, the CPIO replied that the RTI query was “very wide and broad in nature” and that various domestic laws provide all the guidance required.

Even more comical is the fact that the EU has presented a proposal for increased public access to information about matters covered by the FTA. India’s response to the proposed transparency standards, if at all there is one, itself remains a sarkari secret.

Unless the ministry walks the talk of transparency -- a pet theme with the Commerce Minister -- people’s right to know about this and other FTA negotiations will be reduced to a ‘Quest for Transparency’ -- a menu highlight on the PMO website.

(Venkatesh Nayakwakes up every morning thinking someone somewhere is hiding something.)