We believe that the process should be transparent. This agreement has been negotiated behind closed doors with a level of secrecy that is completely unacceptable in a democratic society.

The Right to Set Our Own Laws

The governments of Australia, Canada and New Zealand traditionally have the right to set down their own laws for the good of public health, consumers, workers and the environment.

Leaked details of the TPPA reveal that, foreign investors and firms could sue Canada or New Zealand in a private international tribunal if their parliaments or local councils pass laws that reduce their profits or adversely affect their businesses. This could include laws such as:

• a requirement for large graphic warnings or plain packaging of cigarettes and other tobacco products (such as in Canada and Australia, and forthcoming in NZ);
• laws requiring labelling of genetically-modified food and drink (NZ); and
• retention of agricultural regulations such as Canada’s supply management system for dairy, which aims to preserve farmers’ livelihoods.

The Australian government has indicated it will not agree to these clauses intended to protect multinational businesses from the impact of policy decisions, but New Zealand and Canada’s leaders refuse to do the same (even after Canada was on the receiving end of costly lawsuits under NAFTA).

The End of a Free Internet

We believe the TPPA is being used to sneak in measures to bind its member countries to extensive and harsh laws on Internet use that wouldn’t be acceptable at the domestic level – including harsher criminal penalties for minor, non-commercial copyright infringements, a ‘take-down and ask questions later’ approach to pages and content alleged to breach copyright, and the possibility of Internet providers having to disclose personal information to authorities without safeguards for privacy. The European Parliament voted 478-39 against the international ACTA treaty, which was trying to create similar standards. Now, the same type of regulation is being attempted under the TPPA.

More IP Rights for the Big Players

The Intellectual Property Rights chapter of the TPPA was leaked in draft form in February 2011. We anticipate that unless a more moderate and balanced version is adopted, NZ, Canada and Australia’s shoppers, schools and libraries would end up paying more for their books and DVD’s  because it would let copyright holders veto parallel importing. Small and medium-sized software and IT businesses would have their innovative visions stifled by constraining patent laws. Finally, large pharmaceutical companies could use the legislation to deny state drug-buying agencies like those in Australia and NZ access to reliable, low cost medicines.

Behind Closed Doors

Almost everything we have learnt about the TPPA’s contents comes from leaked documents that the negotiators didn’t want the public to see. No agreement this important should be finalised without the informed input of the ordinary people it will affect.

Yet while representatives of AT&T, Verizon, Cisco, major pharmaceutical companies and the Motion Picture Association of America have access to the text, democratically elected members of parliament, advocacy organisations for healthcare and the environment and ordinary citizens are being left out in the cold.

Governments, including the US, have opened up to the public in the past by releasing the draft text of agreements. In 2001, all nine chapters of the Free Trade Area of the Americas Agreement were released. At the time, this was called an ‘important step’ that would make the trade negotiation process ‘more transparent and accessible’. If this was the standard for public accountability in 2001, it is disconcerting that similar standards are not in play in 2012.

Together, we Green Parties are declaring that we will only support a fair, genuinely progressive trade agreement that promotes sustainable development and the creation of new jobs alongside the protection of the environment and human rights (including freedom of association and the right to collective bargaining). We call on our current governments to remove the veil of secrecy surrounding this agreement and to open these negotiations to public input and comment.

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Society has focused on treating acute health problems after they arise, and failed to place sufficient priority on preventing illness in the first place.

The World Health Organization defines health as “a complete state of physical, mental, and social well-being and not merely the absence of disease or infirmity.” Our present health care system addresses only one dimension – the treatment of disease and/or trauma by qualified professionals in publicly funded medical facilities.

Hundreds of chemicals used in our everyday lives carry risks of increased cancer, infertility, learning disabilities and other intellectual impairment, and damage to the immune system. Despite rising cancer rates, the federal government hasn’t done enough to ensure that potentially carcinogenic environmental factors are eliminated. There are less toxic substitutes for these products, but industry pressure to maintain their registration and legal use drowns out the voices of concerned health professionals and families concerned about health.

We should remove from use chemicals known to significantly increase the risk of human cancer, immuno-suppression, endocrine disruption, neuro-toxicity and/or mutagenicity.

We can enhance population health through active living – promotion of walking, cycling and being fit. As well, as was done in New Zealand when the Green Party was in a coalition government, provide funds to expand provincial health insurance to cover proven alternative therapies that are less expensive and invasive such as chiropractic, massage, acupuncture. For healthy pre-natal care, we can improve access to midwifery services across Canada.

Healthy food choices and healthy local, organic foods are also part of improving the health of Canadians. The time bomb for health care costs of young people and children who consume a diet of processed and high calorie foods is a problem we can avoid through adopting healthier diets.

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“From the few details emerging, the TPP – a highly secretive pact initiated by the George W. Bush administration – grants special privileges to already powerful corporations,” commented Green Party Leader Elizabeth May, MP Saanich-Gulf Islands.  “It has been dubbed ‘NAFTA on steroids.’  Some are even calling it a ‘corporate coup.’  This is not what Canadians want or need.”

Mainly based on leaks, it appears that the talks, which have included the United States, Australia, New Zealand, Chile, Peru, Singapore, Malaysia, Vietnam, and the Sultanate of Brunei, are focussed on ensuring new enforceable corporate rights along with increased constraints on governments.  Only two of TPP’s 26 chapters actually have anything to do with trade.

What is emerging is a pact promoting extensions on price-raising drug patent monopolies, increased corporate rights to attack government drug-pricing plans, safeguards for job off-shoring, and added corporate control over natural resources.  This is particularly interesting in light of Bill C-38’s destruction of government influence over resource extraction.

There also appear to be severe limits to government regulation of financial services, zoning and land use, product and food safety, energy, and other essential services. The copyright chapter poses several threats to internet freedom along the lines of the Stop Online Piracy Act (SOPA), which was held up in the US Congress after effective public pressure.

The proposed pact will even limit the way governments can spend their tax dollars.  Buy local procurement policies would be banned and human rights or environmental conditions on government contracts could be challenged in behind-closed-door foreign tribunals.  There are proposed rules regarding the activities of publicly owned enterprises.

A recent leak of a particularly controversial TPP chapter revealed that the agreement will raise corporations and investors to the same status as sovereign nations.  The so-called “investor state” provisions would give any foreign companies incorporated in TPP countries the right to ignore our courts and laws and sue our government directly by way of foreign tribunals.  Businesses would be able to demand compensation for financial, health, environmental, land use, and other laws they think undermine their TPP privileges.

Already, in San Diego, we saw the CEO of Australian Pork Limited going after Canadian federal and provincial pork supports, even though Canada’s share of the world pork market has fallen because of the strong Canadian petro-dollar and high feed costs.

“The TPP negotiations were yet another disturbing example of the larger pattern of unaccountable, secretive, and undemocratic practices by the Harper government,” said May.  “This pattern, once again, shows a real contempt for Canadians and for our democracy.”

The Green Party is determined to bring more TPP information to light before the 14th round of secret talks in early September inLeesburg, Virginia.

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The Green Party is the only truly global party, with Greens in 70 countries and elected Members of Parliament in Europe, Latin America, Australia, and New Zealand. Together we work to press the nuclear super-powers to meet their obligations for disarmament, to reduce and eliminate the nuclear threat. We work to shift military budgets to peacekeeping and peace-building. We work to ensure the education, health protection and economic autonomy of women and girls around the world to address poverty and over-population.

Greens see the world as a planetary whole. We believe the essence of a strong security policy starts with addressing the single largest security threat to modern civilizations the climate crisis. As Gwynne Dyer pointed out in his book, Climate Wars, military establishments around the world are aware that the threat of increased political destabilization due to increased severity and frequency of severe climatic events warrants treating climate as a security threat. The spectre of millions of environmental refugees is a real and near-term reality, if we do not move aggressively to reduce greenhouse gas emissions. Honouring binding multilateral treaties, such as the Kyoto Protocol, is a measure of a nation’s reliability and integrity in the world. As the only nation to have ratified and then repudiated Kyoto, we have blotted our copy book in the community of nations. Our domestic fossil-fuel expansionist policies put us at odds with the International Energy Agency, the European Union, and more.

Meanwhile, addressing global disparities, working together as nation-states to improve the standard of living for all, is more than a free market issue. It requires equity, the rule of law, and enhanced global governance.

Defence policy needs to be nested in the context of how we see our role in the world. Increasingly, Prime Minister Stephen Harper appears to defining our role in two ways trade and military hardware.

We are entering into cookie-cutter trade agreements with small (and in some cases corrupt) economies. Jordan, Panama, Colombia, with China yet to come. Our international posture is one of unquestioning support for Israel (I support the existence of the state of Israel, but think unquestioning cheer-leading is a disservice to peace in the region), and joining NATO missions with zeal.

Meanwhile, we are sending the signal that diplomacy is a dwindling concern. For some time, the Harper Conservatives have been shrinking our embassy presence so that a Canadian in trouble in Nicaragua, for example, is told the closest Canadian presence is in Guatemala and in any event, your phone call is directed to a 1-800 emergency line in Ottawa. With the 2012 budget, we are selling off diplomatic residences a decision surely to be rated penny wise and pound foolish by successor governments.

The most high-profile domestic defence question is clearly the botched procurement process for the F-35s. In many ways the F-35 fighter jet is the perfect object lesson from former U.S. President and former General Dwight Eisenhower’s warning to beware of the “military-industrial complex.” Canada’s rationale for joining in the process in 1997 had little, if anything, to do with domestic security and everything to do with hoped-for aerospace contracts.

Under Liberal prime ministers Chrétien and Martin, Canada put up initial funds to participate (first $10-million in 1997 and then a further $150-million in 2001). Up until this point, the auditor general found no fault with the process and accountability of decision-making. It was beyond the scope of the auditor general’s report to investigate whether Canada needed the F35s. Just as it was beyond the auditor general’s responsibility to find out which of the political masters were aware of the various and repeated acts of incompetence and failures of due diligence he went on to report.

The auditor general recounted such a trail of violations in the fundamentals of normal procurement process that even seasoned Ottawa-watchers are stunned. The decisions were generally taken in reverse order. First came the decision, followed by inventing criteria to justify the decisions, and then, lastly the rationale. Not one, but two, departments were found to have failed in the exercise of basic due diligence. Both the Department of National Defence (DND) and the Department of Public Works and Government Services Canada (Public Works) were found to have fallen below the standard of due diligence. 

The essence of the AG report is not, as Defence Minister Peter MacKay now claims, that the AG found a novel way to add up the costs of the jets. The essence of the report is that Canadians were lied tofor years. Parliament was misled for years. And the whole F-35 project, from 2006 onwards, was typified by a litany of rogue decision-making. What we need to know is how it happened that two departments suspended judgment, cut corners, and violated process. One theory is that Public Works and DND were independently willing to abandon normal procurement rules. More likely, the orders came from the one in control of all departments the Prime Minister who wants to remake us as a warrior nation.

Green Party Leader Elizabeth May represents Saanich-Gulf Islands, B.C.
Originally printed in the Hill Times.

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