DFA, Japanese envoy in talks to save JPEPA—Santiago
INQUIRER.net | 11/16/2007
DFA, Japanese envoy in talks to save JPEPA—Santiago
By Veronica Uy
MANILA, Philippines — The Department of Foreign Affairs (DFA) and Japan’s ambassador to the Philippines are in talks to save the controversial Japan-Philippines Economic Partnership Agreement (JPEPA) from being declared unconstitutional by the Supreme Court, Senator Miriam Defensor-Santiago said Friday.
"We have to save the treaty because there are some good provisions there. We just have to make sure [it does] not work to the disadvantage to [our people]," she said.
“It will be declared unconstitutional by the Supreme Court. That is my prediction as a humble scholar of constitutional law,” she said.
Santiago, who chairs the Senate committee on foreign relations, said she would prepare the addendum to the treaty that would make the JPEPA constitutional because, as it is worded, the treaty under review by the Senate will likely be declared unconstitutional by the Supreme Court.
“The most practical thing really to do is for me as chair of the committee to draft the diplomatic language and consult with the DFA and, of course, the Japanese ambassador on whether the language is diplomatic enough that it will be considered acceptable by Japan,” she said, adding that getting the right language is “very, very tricky” and “depends on the fine delicacy in which the language is couched” as the Japanese don’t want to lose face.
Santiago said the supplemental agreement, which may be called a “reservation, a declaration, an understanding, an exchange of notes,” must not only pass the test of constitutionality in the Philippines but also be received and agreed to by the Japanese government.
“We must find a way so we can accommodate the constitution dimension in the treaty and at the same time be able to encourage or persuade [the] Japanese government to give its consent because this is a bilateral treaty; the other party must always give its consent both to the treaty and any subsequent conditions or provisions,” she said.
Santiago said this addendum may be finalized at the level of Foreign Secretary Alberto Romulo and Japan’s ambassador to the Philippines, Makoto Katsura.
“[The addendum] is already being discussed with ambassador in a preliminary way. I am very, very happy that the ambassador has not rejected out of hand any effort to put a postscript to the treaty,” she said.
“Normally, other contracting state parties would be very adamant if they already have the upper-hand in a treaty...But at least he is open-minded. So we shall see whether we can expand his goodwill to the point where he can reach agreement with us on the language on the addendum to the treaty,” the senator said.
Santiago said this supplemental agreement must be signed and agreed by both parties before she sponsors the treaty on the floor.
She said that another hearing on the treaty will be held next Friday, November 23.
In the previous hearings, several senators, including Santiago, have expressed disappointment at the government panel’s inability to respond to those opposed to the treaty.
The constitutionality of the treaty is under question over, among other items, the provisions granting parity treatment to Japanese investors when the Constitution explicitly reserves some sectors — mass media, advertising, and public corporations — from foreign investments.
