MERCOSUR constitutes a State policy.
This has been proclaimed by all governments since its creation in 1991 through the Treaty of Asunción. Let us remember that in 1985 the democratic presidents of Argentina (RR, Alfonsin) and Brazil (J. Sarney) signed the Iguazú Declaration, replacing the hypothesis of military conflict to establish a space of peace and integration, to which Paraguay and Uruguay joined. In this way, this regional agreement on economic integration has been carried out, by which the four States expressed their will to create a Common Market of the South among themselves.
Mercosur is a project of the Argentine Nation and does not belong to any of the governments that have succeeded each other democratically in the country. It is a State policy and, as such, exceeds the circumstantial criteria of the governments in power.
All of them must look after national interests when making decisions adopted in Mercosur.
Article 16 of the Treaty of Asunción establishes that decisions will be taken by consensus, a criterion reiterated in the 1994 Ouro Preto Protocol in Article 37: "The decisions of the Mercosur bodies will be taken by consensus and with the presence of all the States Parties."
The difference between "unanimity", which requires the favorable vote of all members, of the"consent", which is achieved provided there is no opposition from any of the members. Consequently, absence or silence does not prevent the adoption of a valid decision attributable to Mercosur.
Hence the enormous gravity of the statements made by Mr. Secretary of International Economic Relations, a graduate in sociology Jorge Neme.
At the trade meeting held by videoconference on Friday, April 24, 2020 with the other members of Mercosur, he expressed that Argentina was withdrawing from the negotiating table with third countries (e.g., South Korea, Lebanon, Canada). He argued that Argentina "cannot continue negotiating with the disaster left by liberalism," that "it is better to suspend until we know what the world will be like after the pandemic," and invited the other members of Mercosur to "advance in the policy of institutional legal solutions that allow you, as majority countries, who intend to advance at a pace that we cannot support, to do so and Argentina to have the opportunity to evaluate at the time how to join." He added that "Argentina does not want to be an obstacle for the rest of the nations." He specified that this measure "supposes modifications to the Mercosur Treaty."
Thus, it seems to refer to the reform of art. 37 of the Ouro Preto Protocol, regarding quorum and consensus.
In short, if the approach proposed by Mr. Secretary had been carried out, Jorge NemeArgentina would have stopped acting in these negotiations of the different interests of Mercosur with very diverse countries, declining its powers as a State Party of Mercosur, which impose duties and grant rights.
The position officially expressed by the Secretary Jorge Neme before the representatives of the other Member States at the Mercosur meeting on April 24, it must be assumed that he had the knowledge and endorsement of Mr. Minister of Foreign Affairs, agricultural engineer Felipe Solá.
All of this highlights the unusual seriousness of this official procedure by the Ministry of Foreign Affairs and Worship, which, in the face of general rejection made public by a wide variety of institutions, has been forced to backtrack, through a "Press Information No. 87/20".
This "Information" reports that on the morning of April 30, a meeting of Mercosur National Coordinators was held by videoconference and "On this occasion, Argentina ratified what was expressed in the videoconference of April 24 regarding the need to advance in the search for joint solutions that allow the countries of the bloc to advance at different rates in the external relations agenda, taking into account Argentina's internal economic situation and the international framework."
As a result, it turns out It is very positive that Argentina is returning to "the search for joint solutions" and in that way, even without recognizing it, depart from the position officially expressed by Mr. Secretary Jorge Neme.
What we have left of this serious episode and the misstep by the Foreign Ministry is a well-founded fear and a serious doubt about the suitability of the senior officials involved in the matter raised, to fully fulfil in the future the delicate and important mission entrusted to them by reason of their position of defending national interests.
By: Dr. Ricardo Xavier Basaldúa, former president of the National Tax Court and co-editor of the National Customs Code
Aduana News is the first Argentine customs newspaper to launch its digital version. With 20 years of experience, its publications and initiatives aim to provide the most relevant knowledge on customs issues in order to contribute to safe trade in the region.
