Putting People First / August 25, 1994 ====================================== PO Box 1707, Helena, Montana 59624 * (406) 442-5700 * Fax (406) 449-0942 ======================================================================== FAX ALERT - FAX ALERT - FAX ALERT - FAX ALERT - FAX ALERT An Open Letter to the United States Senate The Convention on Biological Diversity (Treaty Doc. 103-20) should not be ratified in its present form. The document language is vague and leaves critical questions unanswered. For example, what are the "alien species which threaten ecosystems," referred to in Article 8? Who will define those species? How can the Senate possibly ratify a document that calls for the eradication of undefined "alien species" which may include cows, horses, sheep, chickens, and virtually all livestock? How can the Senate ratify a document which says the United States "... SHALL TAKE legislative, administrative or policy measures" to facilitate the transfer of technology to the governments and private sector of "developing" countries, without knowing what technology is to be transferred or how the owners are to be compensated? How can the Senate commit the United States to provide "...new and additional financial resources..." to developing countries as required by Article 21, without knowing how much, how often, and to which countries? We believe the document is deliberately vague on these and a host of other issues, so as to avoid public awareness of the painful answers these questions require. If the treaty is ratified in its present form, these questions will be answered in relative obscurity by appointed bureaucrats, far away from public view and public accountability. In its present form, this document is little more than a massive declaration of objectives which establishes a Conference of the Parties (COP) to translate those objectives into specific requirements to be imposed upon "developed" countries. Ratification of the document in its present form would not only give to the COP the keys to the U.S. Treasury, but would also turn over to the COP virtual control of our nation's natural resources. Our concerns are not relieved by the Administration's "understandings," or the State Department's Memorandum of Record which attempts to explain the document's flaws. The document itself prohibits reservations to its provisions and dispute resolution is specified to end at the International Court of Justice. No explanation offered by the Administration or the State Department can supersede the authority of the document itself. The document's vague language, its requirement to make open ended, unlimited financial commitments, its requirement to transfer unspecified technologies, and its requirement to implement the protocols established by unelected (and unaccountable) appointees (the COP), combine to render this document, in its present form, unworthy of further consideration by the Senate. Therefore, the undersigned ______ organizations, which represent more than _____ million voting Americans, urge you to reject the Convention on Biological Diversity until such time as the questions raised here are satisfactorily addressed in the document. Putting People First ==================== Special Alert! Fellow Associations: The Biodiversity Treaty probably will be brought up for ratification shortly after congress reconvenes this week. Besides the fact that there are many things in the treaty that would be very harmful to the American public, and that the treaty would give away large chunks of U.S. sovereignty (as well as a lot of our money), there are other considerations about the signing of treaties that you should know about. Using a treaty as a tool to get around states' rights and sovereignty issues, as well as ignoring constitutional issues is something that has been used in the past, but seem to be the wave of the future. Studies done by some of the best legal foundations in the United States show us the power of treaties to circumvent U.S. law and the Constitution. The Migratory Bird Act as passed in 1913, but federal court immediately ruled it to be unconstitutional because "when the federal government attempted to implement the Act's law enforcement provisions, the government violated the 10th Amendment." Yet, when the Migratory Bird Treaty was adopted and another Migratory Bird Act was passed, the very same federal judge who ruled it unconstitutional [in] 1914 when it was a federal law found it to be constitutional as part of a treaty. Using their heads, the Greens have seen that the Constitution can be circumvented through international treaties. The Biodiversity Treaty that will be brought up for ratification in the Senate is a seriously dangerous document (what there is of it so far). We must see that it does not get ratified until it is fully written, each point is explained in full, and that the public and the Senate review it before it is ratified. For these reasons, I am asking you to sign the following "Open Letter to the United States Senate" and FAX it to Eco, our long-term ally headed by Henry Lamb, one of the quiet movers of the Wise Use Movement. What happens with the Biodiversity Treaty will in great measure determine the way the United States will go in the immediate future -- either keeping our sovereignty and working under a constitutional government, or giving control of our natural resources and our money over to unelected, Green-directed private organizations. Cover Letter to Organizations Green Advocacy Groups (GAGS) are pulling out all the stops to get the biodiversity Treaty ratified in this session of Congress. We have an excellent chance to stop it. Attached is a draft of an Open Letter to the Senate, urging rejection of the treaty in its present form. The letter will be printed on plain white paper (no organization letterhead) and mailed to every Senator. We would like to have at least 500 organizations sign on. Such a display of grassroots strength could stop the treaty and spare the nation the consequences of this horrible document. Since our efforts will be scrutinized by the GAGs and the press, it is important to have authorization for every organization that signs the letter. Please complete the authorization form below and FAX to ECO at (901) 986-2299 as quickly as possible. PLEASE ADD OUR ORGANIZATION'S NAME TO THE LETTER OPPOSING THE CONVENTION ON BIOLOGICAL DIVERSITY. Organization:______________________________________________________ Address:___________________________________________________________ City_______________________________________ State_____ Zip_________ Phone:________________ FAX:_________________ Modem:________________ Authorized by:_____________________________________________________