Santiago seeks supplemental agreement to JPEPA
INQUIRER.net | 12 November 2007
Santiago seeks supplemental agreement to JPEPA
By Veronica Uy
MANILA, Philippines — The controversial Japan-Philippines Economic Partnership Agreement should be accompanied by a supplemental agreement because the treaty in its current form “fails to make a reservation for future preferential, protective, or development measures over Japanese investments,” Senator Miriam Defensor-Santiago said Monday.
Santiago’s proposal is the same as that of Senator Richard Gordon, who said that there should be a side agreement where Japan would promise to abide by the provisions of the Philippine Constitution.
Santiago, who heads the committee on foreign relations, just arrived from New York, where she sought international support for her bid to a seat in the International Court of Justice.
“My preliminary preference is to propose a supplemental agreement to the executive branch, and subsequently to sponsor on the floor both the JPEPA and the supplementary agreement,” she said.
Santiago said she would also recommend to President Gloria Macapagal-Arroyo to follow the common practice in the United States where senators would be appointed to negotiating delegations. This way, she said, the senators would contribute their sense of what the Senate will accept, “thus deterring and disarming Senate opposition.”
In the case of the JPEPA negotiations, she said, “The reservation in JPEPA is very narrow, and contrasts with comprehensive reservations made by Malaysia, Thailand, and Indonesia in their EPAs with Japan, and even by Japan in its reservation in JPEPA.”
She pointed to specific constitutional provisions that required the Philippines to intervene, when necessary to protect its economy, with future performance requirements, such as transfer of technology and nationality in hiring policies.
“In its present text, the negotiating team failed to provide for flexibility in imposing or adjusting for preferential measures, and also failed to provide for nationality in hiring policies,” she said.
Santiago said that while she was in New York with Foreign Affairs Secretary Alberto Romulo and Philippine Ambassador to the United Nations Hilario Davide, she monitored the additional JPEPA hearing conducted in her absence, and found no substantial reason to change her preliminary opinion of the treaty.
“The Senate opposition will not ratify JPEPA because it will become the first treaty, under which the Philippines promises never to impose nationality hiring requirements, or technology transfer requirements, on any foreign investment,” she said.
Santiago said she would be leaving for a campaign in three ASEAN (Association of Southeast Asian) capitals from November 25 to December 5, but would circulate a committee report before the Senate goes on Christmas break.
ASEAN member-countries are Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, and Vietnam.
