Six years after JPEPA ratification, group fears PHL to become global dumpsite

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. 

           

“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.

“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.

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.

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[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.