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1994-10-03
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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:_____________________________________________________