Friday 8 May 2015

AFTINET - Trade BULLETIN May 2015

Inside this edition:
         

AFTINET held a forum on the TPP attended by 130 people at NSW Parliament House on April 16.Photos and audio recordings are available here. The forum was reported in the Sydney Morning Herald and was one of 755 events held in four continents to protest against the TPP and the Transatlantic Partnership (TTI P) being negotiated between the US and the EU.

Many of these events were part of the strong US community campaign which has pressured most Democrats and a block of Republicans continue to oppose “fast track” legislation, which would enable the final text of the TPP to be rushed through the US Congress without amendment.
The Fast Track Bill was introduced to Congress in April but could not attract majority support in the House of Representatives, and so has not gone to a vote at the time of writing. The Democrats are moving various amendments to the Bill to slow it down. If it is not passed before the proposed TPP Trade Ministers meeting to be held in Guam on May 26-8, it may lapse because the TPP is so unpopular that neither Republicans nor Democrats want it to be an issue in the US Presidential election race which will take off in mid-year. Democrat presidential candidate Hillary Clinton has not endorsed the TPP, saying only that trade agreements should improve living standards.

Japanese Prime Minister Abe was in Washington in the last week of April, but, despite predictions, there was no Fast Track vote and no further progress on market access negotiations between the US and Japan. The Japanese, Canadian and NZ governments are all saying that negotiations will not be finalised until after fast track is passed.
A draft of the TPP investment chapter dated January 2015 appeared on the WikiLeaks website on March 26. AFTINET’s analysis focused on the fact that the Australian government has proposed that the Pharmaceutical Benefits Scheme, the Medicare Benefits Scheme, the Therapeutic Goods Administration and the Office of the Gene Technology Regulator be specifically exempted from ISDS claims, but this has not been agreed.  This so far unsuccessful attempt to protect these specific institutions from ISDS shows that the government does not believe its own assurances, given for ISDS in the Korea and China free trade agreements,  that general carve-outs or exceptions for health, environment and public welfare regulation will prevent governments from being sued for regulating in these areas.

Intense coverage of the TPP has continued in Australia.  On March 26 the Sydney Morning Heraldthe Melbourne Age and the Canberra Times reported that proposed new food labelling rules in response to the contaminated berries scandal could result in foreign companies using ISDS in the Korea, China or Trans-Pacific trade agreements to sue the government for damages if their profits are reduced. 

  •  On April 6 the Sydney Morning Heraldthe Melbourne Age and the Canberra Times reported  that eight health and community organisations sent an open letter to the Trade Minister Andrew Robb expressing "grave concerns" about the leaked investment chapter of the TPP.
  •  On April 8 Harriet Alexander reported s in the Sydney Morning Herald, the Melbourne Age and Canberra Times that the peak lobby group for American pharmaceutical manufacturers has been given privileged access to negotiations for a major regional trade pact that could see the cost of medicines skyrocket in Australia.
  •  On April 10 Deborah Gleeson, Kyla Tienhaara and Sharon Friel argued in The Conversation that the leaked investment chapter shows that concerns about risks to health in the TPP identified by health experts are justified.
  • On April 16, Pat Ranald outlined the dangers of ISDS in the TPP in answer to an article defending ISDS from an investment lawyer in The Conversation,
  •  On April 21 Pat Ranald was interviewed by Luke Martin for an article in the Griffith Reviewand on April 24: by Leon Byner on Adelaide commercial radio station 5AA.
  •  On May 4 Pat Ranald’s article on the Senate Inquiry into the trade agreement process was published in the Canberra Times, Sydney Morning Herald and the Melbourne Age.

 AFTINET video on Philip Morris tobacco company ISDS case against Australia
On April 20 AFTINET released the two-minute video on the Philip Morris tobacco company ISDS case against the Australian plain packaging legislation, made by AFTINET and the New South Wales Nurses and Midwives Association. Please view and share through Facebook and twitter if you have not already done so.

Senate Inquiry Into the trade agreement process hears evidence
Dr Patricia Ranald gave evidence on behalf of AFTINET to the Senate Inquiry into the trade agreement process on May 4. Of over 90 submissions, only two government agencies (the Department of Foreign Affairs and Trade and the Export Council) supported the current process with no change. Business groups (AIG and ACCI) were critical of the current process and want independent assessment of the final text before it is signed, and access to the text during negotiations for selected industry “advisors” as is done in the US.

PACER-Plus campaign intensifies  - Drafts of the services and investment chapters from 2013 have been leaked and received media coverage. Pacific Island civil society groups have launched a campaign calling for a halt to of the negotiations, because Australia and New Zealand are pursuing their commercial interests at the expense of Pacific Island countries. They have been joined by   unions from New Zealand and Australia.
 RCEP consultations begin belatedly - The Regional Comprehensive Economic Partnership (RCEP) negotiations between 10 ASEAN countries plus Australia, NZ, China, Japan, India, South Korea began in 2013 and have now intensified.
Pat Ranald and Dr Deborah Gleeson met with RCEP negotiators on intellectual property and investment to raise our grave concerns about a leaked Japanese document which proposed extensions of monopoly rights on patents, and about proposals for ISDS. It was reported that the Australian government was not supporting the patent proposals, and had not taken a position on ISDS. We know from other sources that there is strong opposition to both the patent and ISDS proposals from India and other countries. Negotiators proposed that there would be more regular consultation on these and other issues as negotiations proceed.

AFTINET : follow us on facebook and twitter!
128 Chalmers Street, Surry Hills, NSW, Australia 2010
Office: +61 2 9699 3686 | email: campaign@aftinet.org.au
Website www.aftinet.org.au |Twitter: @AFTINET | AFTINET on Facebook


Dr Patricia Ranald
Australian Fair Trade and Investment Network (AFTINET)

128 Chalmers Street, Surry Hills, NSW, Australia 2010
Office: +61 2 9699 3686 | email: campaign@aftinet.org.au

www.aftinet.org.au |Twitter: @AFTINET | AFTINET on Facebook