10.3 Political conflicts

Documentgegevens:

Mr. T.E. Lambooy, datum 17-11-2010

Datum: 17-11-2010
Auteur: Mr. T.E. Lambooy
JCDI: JCDI:ADS363399:1
Vakgebied(en): Ondernemingsrecht (V)

The Dutch government assured the Dutch defendants that it would not - when so requested by India - extradite its citizens for such a case. It stated, however, that it could not guarantee that other countries would not extradite the defendants if they were to go abroad.1 Given the Netherlands' small size combined with its international orientation, the defendants therefore considered themselves limited when travelling abroad. CCC/ICN furiously exclaimed that this lawsuit was setting a dangerous precedent for all human right activists worldwide. Members of the Dutch and EP were informed and encouraged to discuss the case at a political level. In August and December of 2007, questions were asked in the Dutch Parliament as well as in the EP concerning the arrest warrants and other aspects of the case.2

At the same time, the Indian Minister for Commerce and Industry, Mr Kamal Nath,3 wrote letters of complaint to the Dutch Minister for Foreign Trade,4 Mr Heemskerk, and the EU Trade Commissioner, Mr Mandelson.5 Mr Nath asserted that the campaigns by the Dutch NGOs were ruining India's textile industry since they were based on false facts. In addition, Mr Nath raised the issue at a bilateral meeting with the Dutch Minister of Economic Affairs during a visit by Queen Beatrix of the Netherlands to India. He claimed that the financial support provided by the Dutch government to CCC created a de facto, unfair and unjustified, non-tariff barrier to trade.6 He stated that he was considering filing a complaint with the WTO about this 'neo-colonial behaviour.'7

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Answers by the Dutch Ministers of Justice, Economic Affairs, for Development Cooperation and Foreign Trade to questions by Parliament, 27 September 2007; (in Dutch) http://static. ikregeer.nl/pdf/KVR29631.pdf, visited on 1 March 2009.

Written questions posed in Dutch Parliament by Member of Parliament (hereafter: MP) Gesthuizen on 27 September and by MP Van Gennip on 7 December 2007; (in Dutch) http:// parlis.nl/pdf/kamervragen/KVR30474.pdf, accessed on 1 March 2009; resp. written question by Member of EP Meijer on 4 December 2007; http://www.indianet.nl/ffi.html, visited on 27 March 2009.

Mr Nath was appointed Union Cabinet Minister for Commerce and Industry on 23 May 2004. In March 2009 he was still in office.

The Dutch State Secretary of Economic Affairs is entitled to bear the title of Minister for Foreign Trade when abroad.

Mr Mandelson was the EU Trade Commissioner from November 2004 until he announced his return to the UK Government in October 2008. He was succeeded by Baroness Ashton of Upholland.

CCC receives substantive subsidies from the Dutch Ministry for Development Cooperation (seee.g. thejointletterbytheMinisters forDevelopmentCooperationandForeignTradeof 15 April 2007; (in Dutch) http://static.ikregeer.nl/pdf/KST117886.pdf, visited on 1 March 2009). Whereas CCC/ICN's campaign against FFI/JKPL negatively affected India's international trade relations, Mr Nath asserted that by subsidising CCC, the Dutch Government was creating illegal barriers to trade. Though understandable from Mr Nath's position, this assertion was incorrect in that the Dutch Government does indeed subsidise CCC, but has no direct role or impact whatsoever in CCC's policy and actions, nor does it bear responsibility for CCC's policy and actions. The activities of civil society organisations subsidised by the Dutch government are either supportive of the government's international development goals or meant to keep government and business alert as to possible CSR issues and abuses. See for more information: www.minbuza.nl/en, accessed on 12 July 2010. In international trade one can distinguish between tariff barriers to trade, such as import duties, and non-tariff barriers to trade, such as technical safety requirements. Both can be legal or illegal. WTO member states are allowed to raise import duties as long as (i) they do not exceed the maximum level a member state has laid down in the WTO import duties Schedule, and (ii) the duties are levied equally on all imported products from all WTO member states (i.e. General 'Most-Favoured Nation' Treatment). WTO member states can also create non-tariff barriers to trade by setting technical requirements as permitted by the WTO Technical Barriers to Trade Agreement. Illegal non-tariff barriers are barriers not explicitly recognised by any WTO agreement or allowed by article XX of the GATT1947, setting out the general exceptions to the legal obligations laid down in the GATT 1947.

Mr Nath has strong views on international trade systems and the role of India. See e.g. Indiase minister ster van Doha, Dutch newspaper NRC Handelsblad, 25 July 2008; and Kamal Nath, India's Century, Tata McGraw-Hill Publishing Company Limited: New Delhi, India 2008, p. 130-147 and108-110 (re Indian textile industry).