Global People’s Tribunal on WTO & Free Trade Agreements

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Findings of the Global People’s Tribunal on WTO, Free Trade Agreements, Investments & Transnational Corporations

The Indictment

A. We the Justices of the Global People’s Tribunal on WTO, Free Trade Agreements, Investments & Transnational Corporations, have heard the substantive testimonies of the affected communities and sectors, including women and children, peasants, fishers, workers, migrants and indigenous peoples in Indonesia, other Asian countries (India, Korea, Thailand, Cambodia), and other regions – Latin America, Canada.

B. These testimonies have given evidence on

The systematic violation of human rights

The massive destruction of livelihoods and the environment

The privatization and commodification of the commons and of nature

The violation of international law

C. These testimonies clearly show that the WTO and the global trading system, including FTAs and other related policies are part of the root causes of the violations and corporate crimes mentioned above. On the other hand, this system has generated maximum profits for corporations and elites and has failed to provide for peoples needs.

D, These testimonies have also clearly demonstrated that the global trade regime is a neoliberal system constructed by transnational companies and complicit governments to provide a legal architecture that enables corporations to act with impunity.

E. The WTO has consolidated an intellectual property regime that has further dispossessed communities and people through processes of the privatization and commodification of nature and life.

F. Corporations have organized themselves in corporate bodies to advance their interests and influence government policy making as in the case of corporate bodies in Japan, US and the EU who are involved in the design of the TRIPs and trade system attached to it.

G. The testimonies are a rich source of evidence not generally available in the public domain. These unique people’s reports and profiles of corporate crimes need to be shared widely to raise awareness and understanding of the injustices brought about by the WTO and the global trading system, and strengthen citizens and public involvement in the struggle to transform this system.

H. These testimonies are clear expressions of peoples’ and communities’ continuing search for justice as the crimes of the WTO and the global trading system, the corporations and complicit governments go unpunished. We decry the fact that access to justice for those who are affected by these crimes is not possible in the current judicial system of corporate impunity.

I. We underline people’s inalienable right to justice. We acknowledge the importance of social movements and civil society organisations engagement in the campaigns to end corporate impunity, the WTO and the trade & investment regime.

J. We recognize that the struggle of resistance goes hand in hand with the construction of alternatives of an economy for the people and the planet, with initiatives such as the indigenous knowledge systems, seed banks, food sovereignty, and a new paradigm for trade and investment, as well as a new juridical system that will deliver justice.

Panel of Justices

Elizabeth Mpofu, Zimbabwe Lidy Nacpil, Philippines Nandini Gawadhia, India Brid Brennan, Ireland Henry Saragih, Indonesia

Bali. Indonesia December 4th, 2013

Chair Member Member Member Member