The specter in JPEPA
By Nestor Mata
Malaya, February 8, 2008
ONE does not have to be a constitutionalist, a legalist, an economist, an environmentalist, and, yes, even a pundit to see that many provisions in the Japan-Philippines Economic Partnership Agreement are so frightfully flawed and to realize that it could very well become an environmental and economic nightmare for this country and its people.
Why then are Senators Miriam Defensor Santiago and Mar Roxas turning around and pushing for the ratification of the controversial mega-treaty? Have they so soon forgotten what they found out during the public hearings they conducted as chair persons, respectively, of the Senate committees on foreign affairs and trade and commerce?
Didn’t Sen. Santiago, a constitutionalist, agree that the proposed pact contained provisions that violated the Constitution and other laws as affirmed by three renowned constitutional experts? And didn’t Sen. Roxas, an economist, also fault the government negotiators for the flawed agreement? He did observe that they and pro-JPEPA lobbyists had failed to defend their claims about the benefits to the economy, the environment and to the people. And why didn’t they heed Senate President Manny Villar on the questionable inclusion of toxic wastes provisions?
As a matter of fact, just a few days ago Villar reiterated that he is still inclined not to vote for ratification of JPEPA because of the issue on the importation of toxic and other hazardous wastes from Japan. Previously, he said that the Senate vote on the pact will be based on the larger national interest.
As environmentalists led by Mother Earth Foundation put it so well, "the specter of this country becoming the toxic waste bin of Asia should be enough to wake up all right-minded senators from the stupor induced by the ’let’s- not- miss- the- boat’ song" of the JPEPA advocates. And "if they would only take a look at this boat they will without doubt realize that it’s headed towards environmental and economic nightmare for the Philippines and Filipinos."
Another environmental group - composed of the Basel Action Network, Global Alliance for Incinerator Alternatives and the Eco-Waste Coalition - had warned the senators that JPEPA "establishes a robust incentive for waste merchants with the elimination of tariff on a long list of toxic wastes, including globally controlled and banned substances."
All this and more - such as ash and residues containing arsenic, mercury, thalium, incinerator waste; pharmaceuticals and other clinical wastes to name some - constitute hazardous or toxic waste products which have very little recyclable value, if at all, will be imported to this country and given a preferential tariff rate of 0%.
This zero-rating of waste products under JPEPA will create the market conditions that will encourage and facilitate trade in toxic waste between Japan and the Philippines.
The environmentalists, incidentally, are not the only ones against the ratification of the controversial treaty. Multi-sectoral trade groups, too, have voiced their doubts about it. They have cited the economic imbalances and the serious constitutional flaws, and noted that it would be inferior to agreements entered into by Japan with other Asian neighbors like Malaysia, Indonesia and Thailand.
More, the Fair Trade Alliance pointed out that it’s not true that there will be more market openings with ratification of the pact. As of now almost 8 percent of Philippine exports are already enjoying duty-free access to Japan, with or without it. And local industries will suffer, too.
Why, oh why, then should the Senate ratify the controversial JPEPA?
This totally infirmed mega-treaty should not be ratified by the Senate, and , instead, the good senators should tell the government to renegotiate for a treaty that would factor in existing Philippine environment laws and international commitments, and, most importantly, one that would not violate the Philippine Constitution!
