By Angelica
Carballo-Pago
angelica@bantoxics.org/0998-9595785
7 October 2014, Manila – Six years after the ratification of the controversial Japan-Philippines Economic Partnership Agreement (JPEPA), [i] environmental justice group BAN Toxics is alarmed that the Philippines is being primed to be the world’s toxic waste dumping site. JPEPA is a comprehensive trade agreement that is infamously known for its preferential treatment of toxic wastes, hazardous chemicals, and nuclear wastes.
“Six
years down we are now seeing the fruits of JPEPA. The haplessness of the DENR and the
outright condoning of the Bureau of Customs to toxic waste dumping here in our
country unfortunately sends a very clear signal to other countries that we
welcome their toxic wastes,” Gutierrez said.
angelica@bantoxics.org/0998-9595785
7 October 2014, Manila – Six years after the ratification of the controversial Japan-Philippines Economic Partnership Agreement (JPEPA), [i] environmental justice group BAN Toxics is alarmed that the Philippines is being primed to be the world’s toxic waste dumping site. JPEPA is a comprehensive trade agreement that is infamously known for its preferential treatment of toxic wastes, hazardous chemicals, and nuclear wastes.
“JPEPA was a new age trade agreement that cemented the
opportunity for Japan to pick and choose which poor country it can dump its toxic
wastes on in the name of trade,” said BT executive director Atty. Richard
Gutierrez.
Earlier this year, the Bureau of Customs (BOC) seized 50
container vans containing waste materials imported from Canada, with the
consignee Chronic Plastics, Inc. declaring the shipment as ‘assorted scrap
plastic materials for recycling’. However, upon inspection of the BOC, it was
revealed that the shipment contains mixed hazardous wastes, including hospital
waste, used adult diapers, and sanitary napkins, which continue to rot and
leachate, posing great risk to public health.
Last month, a BOC official was quoted saying the agency is
planning to dispose the Canadian toxic waste cargoes here, which elicited
negative reactions from interest groups who push for returning of the toxic
shipment back to Canada.
To prevent the deluge of toxic waste entering the Philippines
and address the toxic provisons of JPEPA, the group underscored the need for
the ratification of the Basel Ban Amendment, an amendment to the Basel Convention,
which prohibits the transboundary movement of hazardous wastes from developed countries
to poorer countries for disposal or recycling.
“This
recent incident with Canada illustrates all too well the limitations of the current
Basel Convention, and how developed countries are exploiting this gaping
legal
loophole to take advantage of poorer countries such as the Philippines. If the
Philippine government is truly serious about protecting our Constitutional
right to health and to a balanced and healthful ecology, clearly it must close
this loophole by ratifying the Basel Ban Amendment,” said BT vice president
Atty. Tanya Lat.
JPEPA, the
country’s sole bilateral trade agreement, was signed by the Philippines and
Japan in September 2006. Environment
and public health advocates strongly pushed for the junking of the agreement,
citing provisions that created incentives for hazardous wastes from Japan to be
dumped in the Philippine territory.
In a vote
of 16-4, the Philippine Senate ratified JPEPA on October 8, 2008. While it
ratified JPEPA, the Senate Joint Committee on Health and Environment
recommended that the Philippines ratify the Basel Ban Amendment to prevent
toxic waste dumping.
“The sins
of the past continue to haunt us. It’s high time for Pres. Aquino to exercise
his executive prerogative and do the right thing - sign off on the Basel Ban
Amendment and close this chapter on JPEPA and toxic waste trade,” exclaimed Gutierrez.
[i] The JPEPA is a
comprehensive agreement which aims to liberalize trade in goods and services
between the Japan and the Philippines. There are many aspects of trade it
sought to affect: increase investment and strengthen investment protection for
investments and investment activities; enhance protection of intellectual
property and strengthen cooperation thereof; promote transparence in government
procurement; establish a framework for further bilateral competition; promote
competition by addressing anti-competitive activities; promote transparency in
the implementation of laws and regulations respecting matters covered by JPEPA;
and create measures for the implementation of the agreement and for the
resolution and settlement of disputes.
However,
in the annals of Philippine trade discussions, JPEPA is notoriously known for
its preferrential treatment of toxic wastes, hazardous chemicals, and nuclear
wastes. While not
outwardly overriding existing international laws and Philippine laws, JPEPA
creates very strong incentives for investors to pour capital in hazardous waste
disposal in the Philippines.
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