Exchange of notes between RP, Japan for Jpepa ‘useless,’ says Tañada
Published in the September 8, 2008 issue of Business Mirror
FORMER senator and Fair Trade Alliance (FTA) lead convenor Wigberto Tañada labeled the exchange of notes between Manila and Tokyo for the Japan-Philippine Economic Partnership Agreement (Jpepa) as “useless” as it failed to address the numerous constitutional issues that were raised by several sectors against the deal.
Tañada particularly cited Paragraph 4 of the exchange of notes as a problematic clause as it stated that it serves only to confirm the interpretation and does not modify the commitments and obligations of both parties under the Jpepa.
“If the exchange of notes does not modify the Jpepa, then it does not serve any useful function. Worse, it even reaffirms the existing provisions, including those that are inconsistent with our Constitution,” Tañada told the BusinessMirror.
He said this only shows the stubbornness of Japan to heed the nationalistic calls of Filipinos and should push the Senate to reject the deal.
Tañada said the senators should not be swayed by the argument of pro-Jpepa camps that the Philippines will miss the boat if the deal is not ratified, considering other countries in the region have already signed their respective bilateral economic partnership agreements (EPAs) with Japan.
He pointed out that it is a different case for the Philippines considering Thailand and the other Asean countries managed to resolve the important constitutional aspects of their EPAs.
“Why can’t we duplicate what the other countries have succeeded in doing?” he said.
The exchange notes were supposed to convince the Senate that the Jpepa will not indeed go against the provisions of the Constitution, particularly those on the national treatment of Japanese investments and the country’s territorial waters that will be opened to Japanese factory ships under the agreement.
Tañada said with that Paragraph 4, the defects of the Jpepa that have been pointed out by FTA and other civic groups will continue to be part of the deal.
Also, Tañada said the Senate should present the exchange of notes to a public hearing before the senators put the ratification to a vote.
“From the start, there has been a problem with the transparency on the part of the government. The Senate should conduct public hearings again so the public will understand what is really going on,” he said.
Tañada said the senators should not be in a hurry in ratifying the deal especially with these serious defects.
If the Senate would immediately concur with the deal, Tañada said the FTA will be forced to go to the Supreme Court to challenge the Jpepa.
Rene Ofreneo, FTA convenor, said the exchange of notes is weak and have several gray areas, making it difficult for the Philippines to legally defend its constitutional mandates.
Ofreneo said the “shared understanding” between the governments of the Philippines and Japan that their respective Charters will not be violated is not firm as it appears to be a mere opinion. — Max de Leon
