Author Topic: Why the Philippine Senate Should Reject Japan-Philippine Economic Partnership?  (Read 649 times)

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WHY THE PHILIPPINE SENATE SHOULD REJECT THE JAPAN-PHILIPPINES ECONOMIC PARTNERSHIP AGREEMENT (JPEPA)
 

   1. The secrecy, lack of public disclosure and exclusion of stakeholders, including members of Congress, in the processes leading to the adoption of JPEPA violate the Philippine Constitution on people's participation in matters of public interest. 

   2. The irresponsible inclusion of toxic and hazardous wastes for tariff elimination or zero tariff under JPEPA, including items banned or controlled under the Basel Convention and other international agreements as well as national laws such as R.A. 6969 (Toxic Substances & Hazardous & Nuclear Wastes Acts of 1990), R.A. 8749 (Philippine Clean Air Act of 1999) & R.A. 9003 (Ecological Solid Waste Management Act of 2000), creates the market environment conducive for waste traders and investors to engage in toxic waste trade, thereby undermining and trumping the aforementioned laws. 

   3. JPEPA violates the constitutional policy of promoting public health and providing a healthful ecology to Filipinos and compromises the health and welfare of present and future generations because it encourages the entry and dumping of toxic waste into this country, even as the Philippines is already struggling with the waste it generates and with widespread lack of information on the toxicity and environmentally safe management of its own wastes. 

   4. Reliance on stringent controls of Philippine borders to police against Japanese toxic waste is an almost impossible task, extremely expensive and time consuming. With only 3,000 customs personnel lacking technical, financial and manpower resources policing at least 15 major ports in an archipelago of more than 7,000 islands, the reality and enormity of this task cannot be ignored. There are also big volumes of toxic waste such as electronic waste or "e-waste" that are not easily identifiable as toxic wastes e.g. electronic junk such as old computers, cell phones, television sets containing extremely harmful substances, and could therefore just smoothly pass thru Customs/ DENR inspection. 

   5. The exchange of diplomatic notes between Foreign Sec. Romulo and Minister Taro Aso has dubious legal binding effect. Besides, the notes only assure to not export toxic wastes. All other waste products are exportable. The Philippines will still become the dumping grounds for Japanese waste - an insult to us as a nation. 

   6. Contrary to the rosy picture painted by the Executive Department for Filipino nurses and caregivers, the JPEPA imposes extremely harsh requirements for the entry and employment of Filipino nurses and caregivers that will make it impossible for them to gain access to the Japanese market, as follows: 

          o Filipino nurses have to undergo 6 months training under the supervision of a Japanese nurse before they can start work as nursing aides
          o Filipino nurses have to work as nursing aides for 3 years (4 years for Filipino caregivers) before they take the Japanese licensure exam in written or spoken Nihongo, a very difficult language which they have to master, to pass said licensure exam.

      The abovementioned requirements are meant to control the entry of Filipino nurses to Japan and serve as a non-trade barrier. The Japanese Nursing Association (JNA) has issued an official statement that there is no shortage of nurses in Japan: that they have 90.6 % passing rate in the Japanese nursing licensure examination; that there are 550,000 nurses who settle for other kinds of work in Japan; that they demand better privileges, and this will not materialize if the lower paid Filipino nurses will work as nursing-aides.
 
      The Philippine Nurses Association (PNA) itself is greatly critical of JPEPA because it suspects Filipino nurses and caregivers will force a lot of discrimination and will be treated as second class professionals in Japan. With the high cost of living in Japan, they may even end up working in the Japanese sex or entertainment industry joints for lack of better opportunities. 

   7. JPEPA is disadvantageous to OFWs because it lacks legal standards for the promotion of migrant workers rights. JPEPA falls short of the standards that are embodied in the International Convention for the Protection of Rights of All Migrant Workers and Members of their Families. 

   8. In terms of market access, JPEPA is clearly lopsided in favor of Japanese agricultural and industrial products. The Philippines will eliminate all tariffs on agricultural and industrial goods except for rice (5 tariff lines) and salt. On the other hand, Japan was able to exclude 238 tariff lines, which include a wide range of fish and marine products, vegetables, fruits, seaweed, sugar and related products, and footwear. Contrary to our Executive Department's claim that JPEPA will facilitate entry of key Philippine exports into the Japanese market, our bluefin and skipjack tuna, cod, mackerel, and seaweed – items that we produce and can potentially export to Japan are specifically excluded from JPEPA. Bananas, which are our top agricultural export to Japan, will have tariffs eliminated only after 10 years. Japan has also refused to lift quantitative restrictions on Philippine pineapples. 

   9. Under the JPEPA, the Philippines will remain an importer of industrial products instead of developing these products ourselves. This further underdevelopment and de-industrialization of the Philippine economy will inevitably lead to the closure of local businesses especially micro, small and medium scale enterprises and lead to displacement of millions of Filipino workers and their families. 

  10. Contrary to the Executive Department's claim that JPEPA will spur economic growth and alleviate poverty, with the lopsided provisions in favor of the Japanese and the absence of a clear national and development plan for the Philippines, JPEPA may very well hasten the demise of the Philippine manufacturing and agricultural sectors and tragically sink majority of the population into deeper poverty. 

  11. JPEPA eliminates performance requirements on Japanese investors ostensibly to bring in more Japanese investments. This means that the Philippine government cannot require Japanese investors to transfer technology, employ a certain number of nationals, or achieve a given level of research and development. This is tantamount to removing policy space for the Philippine government to influence foreign direct investment toward achieving specific national development goals. 

  12. JPEPA will allow unhampered access of the Japanese commercial fishing industry in Philippine waters and will exploit further the Philippines already depleted marine resources. The Kilusang Mangingisda ng Pilipinas further asserts that there are fears that the hunting and trade of endangered species such as whales and dolphins will not only be legalized under JPEPA, but will further lead to a sharp increase in these activities. 

  13. With respect to intellectual property rights, under the JPEPA, Japanese companies can all the more utilize biological resources in the Philippines and seek patent protection under an investor's status. 

  14. JPEPA will legalize the importation of used right–hand drive vehicles from Japan, effectively repealing R.A. 8506 (An Act Banning the Registration and Operation of Vehicles with Right–Hand Steering Wheel in any Private or Public Street, Road or Highway, Providing Penalties therefor and Other Purposes). The express prohibition in R.A. 8506 is based on grounds of public safety but this is rendered ineffective with JPEPA. 

  15. JPEPA will restrict local government autonomy, legislative and taxation powers. 

  16. The administration of the treaty will create a bureaucratic and financial nightmare that will effectively wipeout whatever little economic benefits there may be under JPEPA. 

  17. The Philippine government will forego tariff revenues amounting to P 9 billion per year.

  18. With JPEPA, the Philippines is obligated to make commitments to Japan over and beyond its commitments under the WTO e.g. tariff elimination; national treatment; Singapore issues -investments, competition policy, government procurement; cooperation; reportorial requirements; creation of monitoring/administering agencies; review of trade policies. 

  19. JPEPA will restrict future legislation and policy space
          * Unilateral elimination of tariffs by the Executive Department in JPEPA deprived the Legislature of its inherent power to set tariffs as part of national policy
          * Investment chapter (ch.8) imposes further restrictions on legislative power to regulate and exercise authority over foreign investments
          * Under Article 4 of JPEPA, the Philippines would be obligated to amend or repeal such laws and regulations which would necessarily affect JPEPA's implementation and operation. 

  20. The JPEPA is but the first in a long line of free trade and economic partnership agreements currently being negotiated by the Philippines, and it will set the stage for all future trade and investment agreements to come. Should the Senate approve the JPEPA in its current form, other countries will demand nothing less than the concessions we give to Japan. If we have already given up so much, what else will be left for the Philippines? 

  21. The Executive Department's insistence that JPEPA be ratified because the Philippines cannot  afford "to miss the boat" as the other Asian countries are negotiating "similar" economic partnership agreements with Japan, is deceitful. The truth is, the reservations made by the Philippine negotiators in JPEPA are limited and incomplete as compared to the extensive reservations made by Malaysia, Thailand and Korea in their investment agreements with Japan. Japan's reservations in JPEPA are extensive, covering reservations on national treatment, most-favored nation, and performance requirements. For all its pretenses therefore at being an "economic partnership agreement", the JPEPA is really a partnership between unequals and a repressive agreement that sacrifices the health, the environment, the long-term economic development and dignity and sovereignty of the Filipino people. It is an act of economic treason that must be labeled for what it truly is and condemned accordingly.
 

      REJECT JPEPA AND LET THE FILIPINO PEOPLE

      RENEGONIATE FOR TERMS FAVORABLE TO THEM
       

Prepared by: MAGKAISA JUNK JPEPA COALITION

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