Wednesday, 17 April 2013

Trans-Pacific Partnership (TPPA) negotiations in Singapore March 4-13, 2013 By Dr Patricia Ranald

http://gmpsiaprec.blogspot.com.au/2013/04/trans-pacific-partnership-tppa.html The 16th round of TPPA negotiations was held in Singapore March 4-13, 2013. AFTINET was not able to send a representative because we organised activities in Australia to coincide with the negotiations. This report is based on information from international civil society representatives who work with us.
Civil society in Singapore
Civil society actions were limited by local laws which prohibit public gatherings, but there were several media events and seminars for negotiators. Unlike in Auckland, stakeholders were allowed into the venue, which made it easier to speak with negotiators.
On March 4, the first day of negotiations, there was an advertisement in the Singapore New Straits Times initiated by Southeast Asia Tobacco Control Alliance and signed by AFTINET and six other public health and tobacco control organisations. The message was that the TPPA should not give the tobacco industry opportunities to increase its business or to sue governments (like the Philip Morris case in Australia) at the expense of people’s lives. This was seen and commented on by negotiators.
On March 5 there was a media conference coordinated by Consumers International at which there were a range of speakers on access to medicines, copyright and other issues. This received television coverage from a regional business program and there were some follow-up interviews. Both Oxfam and Medicines sans Frontiers made public statements about the dangers to access to medicines posed by the US proposals on patents and medicines which received media coverage.
Civil society groups also gave stakeholder presentations and organised seminars for negotiators on the dangers of investor-state disputes, led by a prominent Singaporean professor, and a specific briefing on the Eli Lilley case, in which a US pharmaceutical company is suing the Canadian government over a decision not to grant a patent on a particular medicine.
Australian activities
Dr Deborah Gleeson from Latrobe University published an article on the potential impact of the TPPA on public health in the international British medical journal The Lancet on March 1, which had an impact in the health sector, and which is linked to the AFTINET website.
AFTINET organised a Seminar on the TPPA and women’s rights at NSW Parliament on March 5 about the impact of the TPPA on women's rights. There was a full house, which included representatives of women's organisations. The speakers were Dr Elizabeth Hill from the Sydney University, Kelly Nicholls from Medicines sans Frontieres and Dr Patricia Ranald from AFTINET. We had excellent feedback on our new leaflet and factsheets and have been invited to speak at several community meetings.
Kelly Nicholls published in an oped in the Australian March 6 which is reprinted in this bulletin.
Pat Ranald was interviewed by community radio NZ Green Planet programme, 3KD Razor Sharp and the Green Magazine March 4-12.
US demands still sticking points in TPPA negotiations despite deadline of October 2013
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. The Singapore government reported at the end of the round that there had been best progress on regulatory coherence, customs, development and telecommunications.
However important chapters remain deadlocked. The US had previously withdrawn its proposed texts on patents and medicines for further consideration after they were rejected by all other governments. Mexico and Canada reportedly joined all other countries in rejecting the previous US text. The US did not table a new text in Singapore.
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 for legally binding restrictions on state-owned commercial enterprises, purportedly to prevent them from competing unfairly with other businesses, remains controversial. Developing countries like Malaysia and Vietnam are concerned because state-owned enterprises form a large part of their economies. The Australian government reportedly tabled a set of non-binding principles but there is no alternative text to the US proposals.
The labour and environment chapters reportedly remain deadlocked, with no agreement on the inclusion of enforceable international standards in either chapter.
There are still differences over the investment chapter. Australia is still refusing to agree to the 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.
Japan to join TPPA, possible April announcement by TPPA leaders
Japan has announced that it wishes to join the TPPA. This is subject to approval by other TPPA countries. The US must give 90 days notice to its Congress before Japan can actually join the negotiations.
The TPPA Trade Ministers are due to meet on the sidelines of an APEC meeting in Indonesia on April 20-21, at which they may announce that Japan’s entry has been approved, subject to US Congress approval.
The basis of other countries joining the TPPA is supposed to be that they agree to any text which has so far been agreed by the other parties. However, Japan's request to join was on the basis that there it may not have to reduce all trade barriers to some agricultural products from other countries, including rice. This could slow down the negotiations, since access to agricultural markets is an important issue for many governments in the negotiation.
Negotiations in May and July before October Leaders Meeting: campaign continues
The next rounds of TPPA negotiations will to be held on May 13 -20 in Lima, Peru, and in Malaysia in July. The range of government positions described above means that many issues may need to be negotiated by political leaders at the APEC meeting in October 2013, and Japan’s entry may delay this process further.

Advice from AFTINET www.aftinet.org.au