CONSTITUTIONAL’ JPEPA A HOLLOW VICTORY

The Japan-Philippines Economic Partnership Agreement (JPEPA) will still be against the best interests of Filipinos and the economy even if Japan accepts the Senate’s proposed “side deal” or any similar legal maneuver to make the JPEPA formally constitutional.

The changes to JPEPA proposed by the Senate still do not transform the deal into a genuine economic partnership agreement that recognizes the vast inequalities between the two countries and takes genuine measures to develop the Philippines.

The “side deal” merely aims to align the JPEPA with the nationalist economic provisions of the 1987 Philippine Constitution. It does notsignify a real shift in the country’s economic strategies and merely asserts what is already formally contained in the charter. Unfortunately these potentially important provisions have in practice not been able to hinder the unprecedented implementation of “free market” policies of so-called “globalization” in the country and, indeed, have been observed more in the breach.

The “side deal” falls far short of transforming JPEPA into a truly developmental deal for the Philippines. Such a deal would begin from recognizing the vast inequality between advanced Japan and backward Philippines. It would also acknowledge that Japan has become highly developed in part from decades of taking advantage of cheap Filipino laborand natural resources as well as from access to the domestic market.

On these premises, a genuine partnership deal would have Japan in solidarity with the Philippines and giving real support for its development. Among others this means the Philippines having open access to Japan while still retaining its trade and investment protections, the Philippines maintaining its control over and capacity to regulate the domestic economy, and Japan providing untied financial aid and technical assistance that the Philippines can freely use according to its development priorities.

Introducing reservations/exceptions for future/existing investment measures and introducing the possibility of changing tariff schedule commitments, as the Senate proposed for “conditional concurrence” previously, are only part of this.

The JPEPA signed by the government on the contrary is unequal, defeatist and destructive and will remain so even with the “side deal”. The only acceptable deal for the Philippines is one based on the principles of
solidarity, mutual benefit and development.

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