THIS MESSAGE IS BEING POSTED TO A NUMBER OF DISCUSSION LISTS. APOLOGIES FOR CROSSPOSTING. From: Fiona Hunt Dear list members, The following document was prepared for the British Columbia Library Association Information Policy Committee and distributed at the annual Canadian Library Association conference in June 1998. Because the MAI would affect libraries around the world, we are forwarding this document. Written primarily for a Canadian audience, many of the points should nevertheless be relevant elsewhere. We hope that you will find it both informative and useful. Please feel free to distribute widely. ________________________________________________________________ WHAT WILL THE MAI DO FOR LIBRARIES? Absolutely nothing! Read on for more information..... WHAT IS THE MAI? The MAI, or Multilateral Agreement on Investment, is a treaty being negotiated by the OECD countries to facilitate the flow of capital across borders and around the world. Paving the way for the "global economy", the MAI proposes to create a "level playing field" for investors by drawing up investment guidelines and by standardizing the treatment of foreign investment globally. Unfortunately, this treaty would be devastating for the citizens of the signatory countries. All sectors of society would be affected including labour, the environment, health care, education and culture, as capital finds itself free to flow everywhere, even into areas that are now considered public. Often referred to as "NAFTA on steroids", the MAI is a similar type of treaty, but one that goes well beyond NAFTA in granting multinational corporations incredible powers, most notably by preventing governments from creating new laws, and enabling corporations to take governments to court for trying to enforce existing laws, should these laws (new or existing) conflict with the articles of the MAI. Sound incredible? But it's true. The MAI would affect countries all over the world, starting with the OECD member states, and working its way into the developing world. All sectors of society would be affected. Contrary to popular belief, a belief encouraged somewhat by mainstream media's reporting on the issue, the MAI is not dead. It is very much alive, just resting. WOULD LIBRARIES BE AFFECTED BY THE MAI? Yes. Public libraries could disappear altogether. HOW? Under the MAI's "national treatment" clause, foreign corporations have the right to the same treatment as national companies. They must not be discriminated against and must receive the same perks as nationals. Because libraries receive subsidies from the government, and because subsidies fall within shooting range of the MAI, libraries could find themselves in jeopardy. Consider the following scenario: A foreign "information services" company enters (in this case) Canada and sets up operation. The company defines its services as similar to those offered by libraries here in Canada. It then demands equal treatment with Canadian libraries under the articles of the MAI. Equal treatment would include government subsidies, and the government would then be faced with the following options in response to this demand: 1. Subsidize the information services companies to the same degree as libraries. 2. Decrease subsidies to libraries, and then extend this decreased level of assistance to the foreign corporations as well. 3. Cut funding to libraries altogether and thereby avoid subsidizing every information services company that enters Canada. Option #3 is the government's most probable choice, or, less likely, option #2. Libraries are already struggling under current funding levels. The worst case scenario could be a complete closure of public libraries due to lack of funds. Another possibility is that they would take the initiative and start their own fund-raising, including fee-for-service schemes, a trend that has already found roots in some library systems in Canada. The end result would be reduced service to the public. Potentially, they could lose access through libraries and have to pay the information services companies for the information they need, or, should libraries survive, the public would be required to pay them for services that were once free. Libraries would be in competition with corporations and information would become a commodity in the marketplace. At the moment, there is some assurance of equitable access to information for all citizens. If the above scenario were to play itself out, information access could be restricted to all but the richest in our society. Education and health care have been pin-pointed as potential casualties under the MAI. Consider the possibility of privatized education - schools and post secondary institutions vying for paying "customers". How will academic libraries fare? We could see the day when academic libraries will serve only those who can prove they've paid the price of admission. How about cooperation between libraries? Will interlibrary loan become a thing of the past? OTHER POTENTIAL THREATS Copyright legislation could come under fire. Specifically, the fair dealings clause, which allows library users to make a copy of a part of a work for personal use only. A corporation (such as a publisher) could easily see such copying as an interference in their ability to make a profit and could challenge it at an international tribunal at the World Trade Organization. Under the MAI's "expropriation" clause, which states that any obstruction of a corporation's ability to make a profit is challengeable, they could be successful at such a bid. Another concern stems from the MAI's lack of performance requirements for multinational corporations. At the moment, Canadian libraries are required to use Canadian distributors to acquire their materials. Given the above scenario, where information services companies could be competing with libraries, the foreign corporations would not be required to use local distributors, buy local materials, or support local authors. Clearly, the collections in Canadian libraries could suffer, to say nothing of the book trade and the health of our literary communities. One dominant culture could emerge around the world. The scenarios presented here could play themselves out the world over, differing in the details but having the same overall effect: a reduction in the quality of life of the general population and the health and vitality of the society, all in the name of the global corporation's right to make a profit. WHAT YOU CAN DO TO VOICE YOUR CONCERN To date, there has been no public input. The British Columbia government has openly opposed the MAI and will be holding public hearings in the fall of 1998. - Concerned citizens are welcome to submit briefs stating their concerns. - If you are not a resident of BC, write your provincial government, demanding similar hearings in your province. Provinces that have spoken out against the MAI include: PEI, British Columbia, the Yukon and Saskatchewan. - On the federal level, voice your opposition to the treaty by contacting the Honourable Sergio Marchi, Minister for International Trade: fax: (613) 947-4452; email: Marchi.S@parl.gc.ca and the Office of the Prime Minister: fax: (613) 941-6900 or send an email through the following website: http://pm.gc.ca/mail_room/contact_pm/index.html-ssi Finally, stay informed on the issues of globalization and the MAI. Spread the word and educate others. Knowledge and public outcry are the world's best weapons against this treaty and others like it. The following websites contain up-to-date information on the MAI, including the draft text of the actual agreement: http://www.canadians.org/mai.html and http://www.policyalternatives.ca/maiindex.html In April 1998, the British Columbia Library Association added its voice to the growing number of organizations opposed to the treaty. We invite you to take this information back to your home province and petition your own association to take similar action. BCLA Information Policy Committee prepared by Fiona Hunt June, 1998 _________________________________________ Fiona Hunt, MLIS fionah@unixg.ubc.ca