Tuesday, June 04, 2013

AFTINET report - 17th round of TPPA negotiations Peru May 13 -24: actions and outcomes

International Days of Action in May
People on four continents took action leading up to the Lima negotiations, concentrated on World Fair Trade Day on May 11.  In Australia there were protests in Sydney and Melbourne reported below.
Educational events about the TPP took place in the United States in Minneapolis, Portland, Seattle, St Louis, Washington. Detroit, New York, Berkley, San Antonio, Chicago and Tampa.
In Canada there was a community assembly in Toronto and a speakers’ tour throughout British Columbia.
There was a major TPP demonstration in Tokyo, Japan; an earlier rally in Kuala Lumpur, Malaysia; a teach-in in Wellington and banner drops in Auckland, New Zealand; and, of course, educational events and a rally outside the TPP negotiations themselves in Lima, Peru.
Civil society Actions in Peru
Peruvian civil society groups organized a series of events in Lima to highlight their opposition to TPP provisions on pharmaceutical IP rights, copyright and investor-state dispute settlement. The groups, led by non-governmental organization RedGe also collected signatures for a petition to Peruvian President Ollanta Humala urging him to establish non-negotiable limits that guarantee the rights of Peruvians in these three areas.

Events included the presentation on May 14 of a new civil society report on TPP's impact on access to medicines; a May 15 press conference with civil society representatives; a series of public fora on May 16 focusing on IP, investment and labor rights issues; and a public protest on May 17. There was a strong presence from La Oroya community affected by lead poisoning   from the  Renco mine, the owners of which are suing the Peruvian government because it dared to hold them accountable for the mine’s pollution. 


A lunch meeting on the La Oroya case was held for investment & environment negotiators, addressed by the  Peruvian Former Vice Minister of Environment, was well attended.  Eduardo Bianco, a doctor from Uruguay also held meetings with negotiators on the Phillip Morris case against Uruguay’s tobacco  advertising regulation and warned that this could happen under the TPPA ISDS proposal. Philip Morris is also using an obscure Australia-Hong Kong investment agreement to sue the Australian Government over its plain packaging legislation.
Chile’s former TPPA chief negotiator Rodrigo Contreras warned that TPPA proposals would restrict options for development in health and education, in biological and cultural diversity other public policies See http://aftinet.org.au/cms/node/589
South American consumer groups declared that proposals at TPP negotiations in Peru would weaken protections for consumers on food, privacy and labour standards. See http://aftinet.org.au/cms/node/588
Australian actions: media, symposium and rallies
Dr Deborah Gleeson and Professor Sharon Friel published an article on The Conversation blog about the impact of trade agreements on increases in unhealthy foods entering the domestic market. The TPPA could go even further and increase the influence of the food industry on domestic regulatory regimes and policies. See http://aftinet.org.au/cms/node/578

Drs Gleeson and Professor Friel also organised a successful symposium  about the TPPA impact on health on May 9 at the Australian National University in Canberra. See http://nceph.anu.edu.au/news-events/new-generation-trade-policy-maximising-benefits-equity-nutrition-and-human-health
As part of the international day of action on world trade day on May 11, AFTINET organised protest rallies on the TPP in Martin place in Sydney and Bourke streets in Melbourne. See pictures on the AFTINET Facebook page at https://www.facebook.com/pages/Australian-Fair-Trade-and-Investment-Network-AFTINET/219004528130731
Developments in the Negotiations
The TPPA leaders announced last year that they were aiming to finish the negotiations by October 2013. Negotiators are under pressure to complete as much text as possible, leaving only serious areas of disagreement to be determined by leaders at the political level at a side meeting of the TPPA to be held at the APEC meeting in Bali in October.  However, the entry of Japan into the negotiations from July is expected to slow the pace, as Japan is reluctant to open markets in areas like rice and car imports. There is also a strong Japanese movement which opposes the TPP proposals on medicines, copyright and investor rights to sue governments.
It was reported that there was progress made on sanitary and phytosanitary measures, e-commerce, rules of origin, and legal and institutional issues.
The areas with the biggest differences still include intellectual property rights, involving both patents on medicines and copyright issues, environment, state-owned enterprises, and market access for goods, services and government procurement
US texts on intellectual property and medicines, and on proposed changes to medicine pricing schemes like the PBS, were rejected in previous rounds by most governments. The US is reportedly reconsidering these proposals, but still did not table a new text in Lima.
There is also continuing disagreement about the copyright provisions of the intellectual property chapter, because of disagreement with the US proposals for greatly increased protections for copyright holders and inadequate safeguards for consumers, especially on the Internet.
The US proposal to for legally binding restrictions on state-owned commercial enterprises, purportedly to prevent them from competing unfairly with other businesses, remains controversial.
There is still disagreement over how labour standards will be enforced in the labour chapter.  The environment chapter is further behind, with no agreement about either standards or enforceability.
There are still differences over the investment chapter. Australia is still refusing to agree to apply investor-state dispute process, which would give foreign corporations the right to sue governments for damages if a law or policy harms their investment.
It is still unlikely that the US will offer any increases in access to its own markets for countries like Australia which have existing bilateral agreements with it. The US government does not have the trade promotion authority it needs from Congress to sign the agreement, and there is increasing   Congressional unease in the US about the secrecy of the agreement (see New York Times opinion piece below).  This plus the entry of Japan means that the negotiations are likely to continue into 2014.
Eighteenth negotiations July 15-25 in Malaysia

The next round of negotiations will be held in Malaysia from July 15-25. 

Advice from AFTINET  www.aftinet.org.au