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YOU ARE HERE: Home » All Entries, Main Stories, Opinion and Analysis » 8 Reasons Why JPEPA Is Bad for the Philippines

8 Reasons Why JPEPA Is Bad for the Philippines

PUBLISHED ON April 20, 2008 AT 5:32 PM

By Ibon Foundation

The JPEPA can be best described in three words: unequal, defeatist and destructive.

Recent government propaganda, however, has been trying to depict the JPEPA as an indispensable agreement– even as the country is currently reeling from a food crisis brought about by the same neoliberal framework that JPEPA was designed from.

With this, IBON is again releasing this summary below, which briefly explains why the country stands to lose from JPEPA and why the Philippine Senate should reject this patently unequal deal.

1. The JPEPA is a grossly unequal deal.

Under the JPEPA, Japan protects numerically more sectors of its economy from investment liberalization than does the Philippines and in addition is also very specific in protecting what it deems as vital sectors.

Advanced Japan lists at least 16 sectors to be so protected, many of which even require a minimum of 66% of full nationality. Japan rightly includes such strategic areas as mining, telecommunications, air and water transport, shipping, and banks and financial institutions for small businesses.

Underdeveloped Philippines, on the other hand, lists just five specific sectors: mining, rice and corn, geothermal energy, atomic energy and shipping. The other items are just formulated generically and are meaningless in terms of explicitly supporting and protecting specific sectors of the economy.

2. The JPEPA gives false or marginal gains for the Philippine economy.

There is much hype that Japan will open its doors to Filipino nurses and caregivers under JPEPA provisions on “movement of natural persons”. The pact allows for the entry and temporary stay of persons who engage in supplying services as nurses or certified caregivers for one to three years (which may be extended). There are, however, strict requirements that must be fulfilled as well as regulations to be followed under Japanese law.

Among the prerequisites are that nurses and caregivers should be proficient in both spoken and written Japanese and be qualified under Japanese law. Although these professional and language requirements are not unreasonable, they are limiting as far as deployment of Filipino health workers to Japan are concerned.

In all likelihood very few nurses and caregivers will be able to surmount the considerable language, technical and cultural barriers. Even assuming Japan lifts its quota limits, only a few thousand health workers may hurdle these barriers.

3. JPEPA lays the basis for increased toxic waste from Japan.

Under JPEPA, the country risks becoming a big dump site for Japanese waste materials, not just the recyclable ones but also toxic materials fit for disposal such as clinical and chemical wastes. Once the pact is ratified and implemented, these wastes can be imported tariff-free, from their original tariffs of 3% to 30% set under the Most Favored Nation treatment of the World Trade Organization.

In the face of widespread protests against JPEPA, the two governments have since come up with a side agreement that supposedly addresses these issues. However, this does not detract from how the Philippine government, under the pretext of developing local waste treatment and disposal capacity, did concede to the entry of these wastes by lowering existing tariffs to zero, notwithstanding the provision on “non-relaxation” of environmental protection.

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3 Responses to “8 Reasons Why JPEPA Is Bad for the Philippines”

  1. kin Says:

    I already meet and attended meeting with those Japanese. In negotiation they always insist their conditions which gives to the other country to the point of no return. They insist their motives and advancement. They give you favor once but what is the return? Even 10 times of what they give. I hope Philippine government must think about Japanese trap for the benefits of the Filipino people.

  2. jpepa man Says:

    JPEPA MEANS JOBS. jobs means higher GDP. jobs means poverty alleviation. jobs means better financial health for the micro and macro economy

    WHO DO YOU WANT TO HAVE A BILATERAL TRADE AGREEMENT WITH? JAPAN or BURMA? LAOS? CAMBODIA? How useless would that be.

    accept the fact the we need japan more than they need us

  3. mabini Says:

    In fightingFTA’s website, its observations are quite enlightening for us non-experts in international trade agreements, which reads:
    “Under North-South FTAs, the market access for the South is generally very small. For the Japan-Philippines Economic Partnership Agreement (JPEPA), Japan got improved access to the Philippines automobile market, new fishing opportunities in the Philippine seas (to replace imports), stronger investment guarantees and even the green light to export toxic wastes, while the Philippines got reduced tariff rates on a few exported fruits and a quota to be able to send 100 nurses a year to Japan, In the Japan-Thailand deal, Japan got major investment opportunities in the automobile and health sectors, while Thailand goat a measly quota to send chefs and masseuses to Japan.” (Today’s FTA Frenzy)
    On government’s claim that Philippines will lose investment opportunities worth P 4 billion, well fightingFTA’s wrote, in the same article, that:
    “Several World Bank and UNCTAD studies show that there is no direct relationship between signing an investment agreement and receiving increased foreign investment. China, South Africa and Brazil are prime examples of countries that have captured big investment inflows in recent years without such agreements. Indeed, signing such an agreement can get you into costly legal disputes for failing to deliver the right investment conditions, resulting in net financial losses.” (Today’s FTA Frenzy)
    Lest we be mislead again, JPEPA is not intended to benefit the poor and under/unemployed of the Philippines but to further exploit them in tandem with the Philippine natural resources for to maximize and protect the profits of large Japanese corporations. Note that large Japanese corporations together with their government are the ones pushing the Economic Partnership Agreement unlike in the Philippines where it is the government that pushed it with negligible consultations with local industries. To ensure this objective for Japanese investors, JPEPA includes the following provisions: (1) to be treated no less favorably than domestic companies (national treatment); (2) get any better treatment that is offered to TNC under other trade deals (most favored nation); (3) enjoy secure ownership of all assets: no expropriation (whether direct or indirect), no nationalization and fewer possibilities for the state to issue compulsory licenses in the public interest; (4) protection and insurance to realize any anticipated profits – and to sue the state if any public policy measure or decision gets in the way of that (similar to NAFTA); (5) conduct business with minimal hassle from the government – no requirements to hire local workers, no obligations to transfer technology, full freedom to send money out of the country and generally few restrictions on moving capital around; (6) have direct access to local policy-making process; and expand their commercial monopolies through a longer menu of intellectual property rights.
    The future consequences of those provisions are far-reaching. Just some of the situations – local fishing companies (tuna etc) or fishermen that will not survive the competition with Japanese fishing investors cannot be compensated (not covered by safeguard measure, dumping or countervailing since these laws applies only to goods sold in the Philippines and not to simply cornered the supply source and not the market in the Philippines) unlike their Japanese counterparts; whatever petroleum, gas or minerals that Japanese investors extracted from the Philippines, they are not required to process or sell it here even if local industries or consumers will need it (oil crisis) also the same in the case of agricultural products produced in land (food crisis); local government cannot impose additional real property taxes and business tax other than those already existing at the time of entry of JPEPA.

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