JPEPA notes exchange between RP, Japan not enough - group

The multi-sectoral group Fair Trade Alliance (FTA) said the exchange of notes between the Japanese and Philippine governments is not enough to cure the anti-Constitutional provisions of the Japan Philippines Economic Partnership Agreement (JPEPA).

“In this context, the Exchange of Notes between DFA Secretary Alberto Romulo and his Japanese counterpart, Minister Koumura, is a labor in vain for there is nothing in the Exchange of Notes that revises or modifies any of the above anti-charter provisions of JPEPA,” the group said.

In fact, the FTA said the fourth paragraph of the notes state that it “does not modify the rights and obligations of the parties under the provisions of the JPEPA.”

“Further, the Exchange of Notes is not an agreement between the parties and moreover, is not considered an integral part of JPEPA. Clearly, the said Exchange of Notes between the two countries failed to cure the anti-charter provisions of JPEPA,” FTA added.

As such, the FTA is asking the Philippine Senate to defer further hearing or deliberation on the JPEPA until the treaty is truly healed of its Constitutional infirmities and economic imbalances.

Earlier, the Senate suspended its deliberations on the ratification of the proposed bilateral treaty to give the Executive Department time to work out with the Japanese side corrections on JPEPA provisions that violate the Philippine Constitution.

The FTA said JPEPA gives to Japanese rights to full ownership of Philippine lands, unhampered exploration and development of Philippine minerals and other resources, unrestricted access in the management of Philippine public utilities and mass media, and equal treatment in the exploitation of Philippine territorial waters.

In addition, JPEPA allows the illegal trade in toxic wastes and used vehicles, even as the treaty gives the Japanese side greater trade flexibility through a long list of excluded tariff lines.

For its part, however, the Department of Trade and Industry expressed confidence the JPEPA will be ratified by the Senate this year.

“The JPEPA will be approved very soon. Definitely within the year,” Trade Secretary Peter B. Favila said.

Meanwhile, the Philippines is losing millions of dollars in potential Japanese investments, the Japanese Chamber of Commerce in the Philippines said.

“The country is losing opportunities. The companies are holding off investment decisions until the ratification of JPEPA,” chamber president Toshifumi Inami said in a separate interview.