NZ-born Fair Deal Coalition gets global makeover

New Picture (1)

The Fair Deal Coalition announces that it is ramping up its presence with a global publicity and education campaign that will raise awareness of intellectual property rights proposals in the Trans Pacific Partnership (TPP).

A new website – www.ourfairdeal.org – has today been launched and a string of new Coalition members announced – including US-based Fight for the Future, the Australian Library & Information Association, Japan-based Movement for the Internet Active Users and US-based Open Media.

Fair Deal spokesperson and InternetNZ Policy Lead Susan Chalmers says there are strong concerns, in New Zealand and globally, that the TPP could result in stronger intellectual property laws that could undermine the openness of the Internet.

“The now-expanded Fair Deal Coalition is aiming to create an informed, highly-visible, global conversation on copyright in the TPP,” she says.

Since being formed in New Zealand in July 2012, the Fair Deal Coalition has given voice to the concerns of a growing number of people and organisations – including librarians, IT companies, open source societies, telecommunications users, the Internet community, digital rights activists, people who are blind or have low vision, artists, consumers, schools and universities. It is aiming to garner the support of 54 supporting organisations in six countries.

Chalmers says it is testament to the sanity of the Fair Deal cause that so many global organisations have come on board and are willing to seed the ‘Fair Deal’ message to their constituencies.

“All we want from the TPP is a Fair Deal. A Fair Deal that will promote access to knowledge, innovation and economic development, respect fundamental rights, and recognise the realities and opportunities of the Internet.”

Also See

Coalition against Trans-Pacific deal grows

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International Day of Action: Saturday 11 May

This Saturday activists across five countries will run coordinated actions against the TPPA. The day was chosen to send a shot across the bow for the next round of TPPA negotiations in Lima, starting on 15 May. A number of activities are planned in here:

Ø  Wellington: The New Zealand Nurses Organisation is organising an event to raise public awareness of the implications of the TPPA on public health. On Saturday 11th May outside PHARMAC (Cnr of Victoria Street opposite Civic Square) from 1-3pm. All welcome – please contact Marilyn Head marilynh@nzno.org.nz. ‘We’d love some help and support!’, including for ongoing pamphleting.

Ø  Auckland: banner drops on Southern, Western and Northern motorways, Friday rush hour, 4.30 to 5.30pm, 10 May. If you are available for Northern or Western motorways, please contact Jane Kelsey. We would like to make this a regular event. If you would like to help organise this, please let Jane know.

Ø  Jane Kelsey’s e-book Hidden Agendas: What we need to know about the TPPA jk
This hard-hitting contemporary analysis, published as a short e-book by Bridget Williams Books, picks apart the current negotiations surrounding the proposed TPPA and comes to some disturbing conclusions. The book is being launched as part of New Zealand’s contribution to the International Day of Action. Order your downloadable copy online for $4.99 at www.bwb.co.nz from Saturday 11 May.

Ø  Adopt an MP starts on Saturday 11 May 

New PictureHere is your chance to play the teacher to give your local MPs a sense of what’s at stake. Adopt a local MP of your choice to visit and talk.  Sign up for that MP on the itsourfuture.org.nz website (on the adopt an MP tab). An information pack will automatically be emailed to you. It will have suggested questions, links to the fact sheets on the itsourfuture website and the party policies (that we have been able to find!) You don’t need to know a lot – we will provide questions and simple support information and a mechanism for providing feedback. The campaign will begin on the international day of action, Saturday 11 May and run for a month. This is your chance to make a difference! For more detail click on here!

International Actions

  •  Australian unions and community groups are holding rallies in Sydney and Melbourne.
  • Council of Canadians are launching a ‘trade tour’ in at least 6 cities in Vancouver.
  • US activists have 13 events planned across the country.
  • Japanese activists plans a big rally in Tokyo on Saturday 25th May, which is when they are due to become an official party to the TPPA negotiations.
  • Malaysian TPPA Watch group had a rally several weeks ago.

SPECIAL ALERT:  MFAT Offers Consultation Meetings on the TPPA!  


What they are saying: NZ’s TPPA negotiators are ‘planning to hold a further series of TPP stakeholder sessions in major centres from June to August [sorry, when was the first round?]. Stakeholders will be able to hear a first-hand update from New Zealand’s Chief Negotiator on progress in key areas of the negotiation (don’t hold your breath!) as we work towards conclusion of an agreement this year. Officials also plan to hold further dedicated meetings on intellectual property and health-related issues in the negotiation’.  Dates and venues have yet to be confirmed. Send expressions interest to attend a stakeholder session or requests for an individual meeting to tpp@mfat.govt.nz. Please note your specific area of interest in your email.

MFAT has been shamed into this by the Australian’s, who have are holding meetings in 5 cities to give an update on progress, overview of Australian negotiating positions in key areas, as well as information about the negotiations into the future, and will take questions on specific sectoral interests.

Input to Submission to UN Human Rights Commission
The Human Rights Foundation is compiling an NGO submission for the UN Human Rights Commission’s Review of New Zealand’s performance and is interested in any TPPA related input. The report is due on 17 June. There is a briefing meeting at Auckland Trades Union Building, 147 Great North Rd, Grey Lynn on Thursday 9 May from 5pm to 7pm, or contact them with any input.

TV3 Think Tank debate on TPPA

TV3’s Think Tank programme with John Tamihere ran a second panel debate on the TPPA on 5 May 2013, this time with Greens co-leader Metiria Turei, social justice advocate Marama Davidson, and former National Cabinet minister and TPPA cheerleader Wayne Mapp.

Big Phrma on the warpath in Australia

The US pharmaceutical lobby has attached the draft report on the Australian Patents Review as ‘contrary to the spirit in which Australia entered into the TPP negotiations’ and complained that the review process was being used to prejudice the negotiations.

Lori Wallach’s new book on US Fast Track (how they get TPPA through Congress)
Lory W
authority where Congress has to say yes or no to the package an can’t pick it apart. They may move to get this in the next month or two. Lori Wallach

Global Asthma Network speaks out on TPPA

On World Asthma Day, chaired of the Global Asthma Network Dr Innes Asher from Auckland University added their voice to concerns that agreements being developed behind closed doors such as the TPPA potentially put at risk the ability of governments to negotiate lower prices for quality–assured medicines.

 

 

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TPPA Bulletin # 31 ~ 4th April 2013

Sign up for ‘Adopt an MP’ Coming Soon

The website it almost ready for this education campaign. We will send out a separate message with details about how to get involved.

PM Key hasn’t got a clue about TPPA

dat1The PM’s response to questions at his post-Cabinet press conference would be laughable if his ignorance did not have such serious consequences. The Dominion Post reported on 26 March that Key welcomed Japan’s interest but said NZ would be a ‘laughing stock’ if it signed a deal without agriculture and expected it would pull out. Of course, no one is saying there will be no agriculture, just nothing meaningful. And that’s not actually what he said – he muddled China, Japan and TPPA in a garbled response that shows he doesn’t have a clue what it’s about.

Nelson Wins Again!

Over 150 people packed out Lambretta’s café in Nelson on 19 March to launch the cartoon exhibition, and hear Jane Kelsey speak and handover the cheque to winner Mike Moreau. Photos are online. The exhibition moved on to the Nelson library from 25th March to 4 April, and then to Motueka. Thanks to Mary Ellen O’Connor and Graeme for a great job. Local media did a great job too. It’s a great way to get people involved so let us know if you want to host an exhibition and meeting on your town.

International day of action on TPPA 11 May 2012

An international day of action on the TPP is being planned for Saturday, May 11 (just prior to the next TPP negotiating round in Lima, Peru). This is a great target date for activists to organize events in their own communities that help people explore the potential local impacts of the TPPA and opportunities to take action. Let us know what you are planning and how we can help.

Auckland Strategy Meeting Tuesday 9 April 2pm

The next Auckland strategy meeting will be at 2pm on Tuesday 9 April at the Greens office at 17 Mercury Lane, Newton. Please come will follow-up from the last meeting and armed with ideas!

NZCTU warns TPPA would lock in National’s hands-off changes to RMA

mmThe NZCTU’s submission on National’s assault on the Resource Management Act has warned that the investment chapter of the TPPA would stop future governments from taking meaningful steps to address the problems that will inevitably flow from National’s hands-off approach to corporate exploitation of our natural resources.

US Congress Committee make flying visit to Wellington

A delegation of staffers from the US Senate finance committee, which deals with the TPPA, has just been on a whistle stop tour to meet ‘senior government officials and industry leaders’ in NZ, Australia and Vietnam – if anyone has news, please share.

Obama is preparing to seek ‘fast track’ authority

One way the US gets FTAs through the Congress is called ‘fast track’ – the final text is voted for or against as a package deal, rather than being picked apart. Obama doesn’t have that authority at present and seems to be taking steps to get it. It would have all sorts of conditions attached, including what he must have in areas like medicines, Internet, investor rights etc. and what he can trade away on dairy.

NZ Pharma Lobby Attacks Oz Report Supporting Pharmacdat3

The lobby group for big Pharma in NZ, Medicines NZ, has rejected an Australian report from the Grattan Institute that shows Pharmac delivers medicines much cheaper than Australia’s Pharmaceutical Benefit Scheme. Medicines NZ’s spokesperson is former ACT MP Heather Roy. See the Sunday Star Times article on the report and Medicines NZ response (same link).

What Japan’s entry means

Tim Groser welcomed Japan’s entry to the talks and said the TPPA countries might agree to this at their side meeting at the APEC Trade Ministers’ meeting in Indonesia in April. That would still mean 90 days notification to US Congress and Japan would not get to the table before September, unless the US finds a way to fast track it. Jane Kelsey explained in the NZ Herald the tortuous process and politics around Japan join sign the TPPA talks, even on this fast track, and what that means for NZ and our campaign.

 Stiglitz warns Thailand off TPP, urges protests

Nobel laureate Joseph Stiglitz has urged Thai civil society groups to protest if the government takes steps to join the US-sponsored Trans-Pacific Partnership accord, because negotiations were taking place behind closed doors and corporate interests were at the table. In 2008 Stiglitz warned that NZ would get nothing from a US FTA because the US doesn’t ‘negotiate’ with anyone and it won’t give up dairy.

Media reports and resources

Nelson Mail has a report on the hard work of Graeme O’Brien, a Nelson resident drawing attention to the impact that TPPA will have on the proposed Nelson’s 50 year sustainability strategy, which could render the entire document null and void.

Jane Kelsey’s recent NZ Herald op-ed provides some information on what Japan’s involvement with the TPPA process means, and the now uphill battle facing the USA in pulling together such an enormous agreement in a short time.

Interview with Jane Kelsey on Fresh FM Nelson.

Public Citizen have released an updated briefing on pharmaceutical giant Eli Lilly’s investment dispute against Canada under NAFTA’s investor-state dispute provisions, the first attempt by a patent-holding pharmaceutical corporation to use those provisions as a tool to push for greater monopoly patent protections.

This academic article by Cuban law lecturer Larry Catá Backer explores the significant economic and geopolitical effects of Japan joining the TPPA process, and how this affects relations with China.

National Day of Action Against Asset Sales

On Saturday 27 April Aotearoa Is Not For Sale is holding a National Day of Action Against Asset Sales, with events in Auckland, Christchurch, Dunedin, Hamilton, Hanmer (taking place on Sunday 28th), Napier, Tauranga and Wellington. The government’s asset sales campaign has taken a serious hit with the success of the petition in support of the citizen’s initiated referendum and the Tiwai Point debacle, so now is the time to get out there and make your voice be heard!

datz

Please share TPPA activities or good articles:

Contact Edward Miller edwardcrmiller@gmail.com; Facebook page ItsOurFutureNZ; and website www.itsourfuture.org.nz

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TPPA Bulletin # 30 ~17 March 2013

Town Meeting – Nelson - NZ Sovereignty Under Attack! – Tuesday 19 March 6.30pm

Join a Town Meeting at Lambretta’s Café, Nelson at 6.30pm for Koha, and look at the Cartoon Exhibition. Jane Kelsey will present the prize to competition winner Mike Moreau and talk on how the TPPA affects local government, GE and organic agriculture, and investors’ power to sue.

TPPA Awareness Poster Fundraiserab

Onebigvoice has launched a poster campaign ‘Cut NZ Loose from the TPPA’ to illuminate the deep problems with the TPPA, aiming to build awareness and resistance to it. Support it on here.

Apologies: delay in sign up action plan

The Singapore round took up more time than expected so expect some sign up activities in the next 10 days.

NZ Consumer raises impact on consumers

The March 2013 edition of Consumer has an editorial and an article on what the TPPA means for consumers. It questions our vision for the future: if we can’t use intellectual property laws to support innovation in as-yet-unforeseen ways, we risk being trapped into ‘a farm and theme park’ (agriculture exports and tourism). It also looks at Pharmac, parallel importing and secrecy.

Oz (not NZ) takes IT barons for price gouging, could conflict with TPPA

The Australian Senate is conducting a hearing into price gouging by the big IT companies Apple, Microsoft and Adobe, who charge much more for digital music, games and software in Oz and NZ that in many other countries. The inquiry could make recommendations that conflict with concessions they want to make in TPPA. The NZ government is ‘watching’ (shadows of plain packaging tobacco).

Tobacco front page issue in Singapore

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The opening day of the Singapore negotiations negotiators were confronted with a massive advertisement in the Straights Times sponsored by a raft of tobacco control groups calling for tobacco to be carved out from the TPPA. A major story in Malaysia’s national news agency Barnama ‘TPP Negotiators Dismissive of WHO Framework Convention on Tobacco Control’ was another coup.

NZ Medical Students, Oxfam International, MSF speak out in Singapore

The NZMSA issued a press release on the lack of balance between commercial interests and safeguards for public health in the TPPA, including for tobacco control and Pharmac. Briar Mannering represented the NZ Medical Students Association at the Singapore ‘stakeholder’ event. In a media briefing Oxfam highlighted the plight of Vietnam to show how high drug prices that would put lifesaving meds out of reach of the poor. Medicines Sans Frontieres called the US proposal in the TPPA the ‘most harmful trade deal ever for access to medicines.’ See also the Interview with Judit Rius from MSF with News Medical Australia.

US Unions say TPPA model no good for working families

The peak US union body the AFL-CIO said American working families need ‘a game change—a high-road strategy that focuses on creating high-wage jobs, encouraging collective bargaining, implementing a strategic manufacturing policy and reinvesting in our infrastructure and our people’ not the failed model of the TPPA.

Great expose of the bigger picture of TPPA and food sovereignty

The Institute for Agriculture and Trade Policy has a great article addressing food sovereignty that challenges the agribusiness focus on market access in the TPPA, including investment, food safety, government procurement and much more.

PM’s claim of $3.5 billion gains to NZ from TPPA debunked

The document used for this claim by the PM during the NZ round was released under the Official Information Act and rubbished from the NZ and US ends.

What happened in Singapore?

As usual, they claim lots of progress. But there are some major logjams over controversial chapters the US must have, especially IP, SOEs, environment and labour, as well as access to agriculture markets. The US government has put out its PR spin. So has Singapore. Nothing yet from NZ …

Can they sign the deal in October 2013?

For a while it looked like the negotiators were going to get a lot of chapters sorted, under lots of pressure from above, and there might be a chance of having a final text for leaders to sign at APEC in Bali in October. Next round is in Lima, Peru from 15-24 May, then probably two more. Expect a Clayton’s signing in October – which still means the NZ Cabinet will be making decisions mid-year.

Japan ignores protests, signs a blank cheque to sup a TPPA table 

ccDespite mass protests and an open letter from dissident MPs, Japan’s PM Abe announced his government wants to join the TPP talks. Now there is a complex process to get approval from each of the other 11 countries, then 90 days notice to US Congress. Japan must accept all text agreed to by the time it joins the talks, but it can’t see the legal text until it joins! The earliest that could happen is September – 1 month before the final deal is supposed to be signed. It is unimaginable that the Japanese would actually accept that treatment.

How US + Canada + Japan can kill off NZ’s goals for dairy

NZ’s Tim Groser says the TPPA must have no exceptions and NZ will walk away if it doesn’t get substantial access to US dairy markets. The US has so far refused to talk seriously about that. US dairy employs nearly a million workers and generates about $140 billion for the economy. Its dairy farmers, farm workers, processors and consumers are on the warpath against Fonterra. Canada wants to protect its agriculture supply boards. Japan will also demand exceptions for agriculture. As Jane Kelsey pointed out, if agriculture isn’t solved before Japan joins in September, the talks will get really complicated and could drag on forever. Tim may yet be walking …

Outrage at drug company investment challenge Canada meds decision

Proof that Big Pharma has its eyes on more than Pharmac. Eli Lilly, a US drug company, has launched a case against Canada claiming $100 million compensation for breach of its special rights under NAFTA (a precursor of TPPA). Canada’s courts revoked a patent under Canada’s domestic law.  This first ever investment dispute by pharma shows how they could use the TPPA to threaten or sue governments to get their way. There was a lot of interest from negotiators in the case.

Wellington Strategy Meeting Wednesday 20 March

Contact Marilyn Head for details.

Please share TPPA activities or good articles:

Contact Edward Miller edwardcrmiller@gmail.com; Facebook page ItsOurFutureNZ; and website www.itsourfuture.org.nz

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Despite the hype, New Zealand won’t want Japan participating in the TPPA talks

Newly elected Prime Minister Abe is expected to announce next week that Japan has formally asked to join the Trans-Pacific Partnership agreement (TPPA) negotiations, ending more than a year of on-again, off-again speculation, according to Professor Jane Kelsey, who is in Singapore observing the latest round of TPPA negotiations.

‘There will be a flurry of claims that Japan’s announcement brings the TPPA a step closer to achieving a gold standard Free Trade Area of the Asia Pacific. That glosses over the realities’, said Professor Kelsey. that Japan has formally asked to join the

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Trans-Pacific Partnership agreement (TPPA) negotiations, ending more than a year of on-again, off-again speculation, according to Professor Jane Kelsey, who is in Singapore observing the latest round of TPPA negotiations.

‘US President Obama wants to conclude the deal in October this year. There is no way that Japan can get to the table by then unless the US remakes the rules’, according to Professor Kelsey. She noted it took more than a year before Canada and Mexico were approved to participate at the Auckland round, and Japan’s entry is much more complicated.

Asking to join is the first step in a long and fraught process. The Abe government will have to convince each of the 11 existing parties it can deliver on their principal areas of  interest in the face of mass protests, threats of an internal ruling party revolt and an upper house election in July.  His party’s platform pledges to e

xclude sensitive products such as rice, beef, dairy and sugar from the negotiations, issues that have stalled an Australia Japan free trade deal for years.

Like Canada and Mexico, Japan will have to accept everything that has been agreed to date – without being allowed to see the legal text they are accepting.

Once Japan has satisfied all the parties, the US has a further 90-day notification and consultation process to the Congress. Opposition by powerful players like the automobile industry and unions to Japan’s participation will flow onto the floor of the Congress.

‘The New Zealand government will want to talk up Japan’s desire to participate, but it won’t actually want Japan at the table until all the critical issues are resolved’, according to Professor Kelsey.

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There are two reasons for that. Japan is a major economy with real negotiating power and many sensitive domestic interests to protect. Its active participation would complicate the negotiations and put the current target of October for political deal making well beyond reach.

‘As importantly for New Zealand, the US has indicated it supports Japan’s call for special treatment of sensitive agricultural products. That would strengthen the US’s own negotiating strategy. After 16 rounds of talks, they are still refusing to discuss substantive market access for New Zealand dairy exports.’

‘At the same time, there is no way that Japan as a major economic and political power would simply sign on to a done deal. Even if they accede to a completed TPPA they will insist that aspects of it are reopened.’

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TPPWatch Bulletin # 29

Next phase in the campaign: Countdown to May!!!!

The officials refuse to tell us when they will go to the government for new riding instructions, in particular what trade-offs they are prepared to make in advance of the supposed October summit of political leaders from all 11 TPPA countries. It seems logical it will happen before or after the May round in Peru. So we have made May the next target for campaigning and action, and are working on new resources and action plans.

Action strategies

The recent strategy meetings in Auckland and Wellington came up with great ideas. We A10awill send around a specific action bulletin for you to sign up to specific tasks once the resources and sign up pages are ready. To give you a foretaste so you can think about what you could do as part of the campaign, we are planning:

  • Adopt an MP: People will take individual responsibility for an MP in their area, visit them with a questionnaire and information, arrange to collect it, post information about the MP on the facebook/website, and other action depending on where the MP stands ….
  • Recruit city councillors to sponsor TPPA-free zones: This worked successfully in the past and raised awareness at the local and regional government level. The Auckland City resolution is a start.
  • Rosters for talkback or blogs: A really effective way for individuals to make a difference.
  • Banner drops on motorway overbridges at peak hour: another simple action that four people can take on a regular basis to raise awareness. Banners can be provided.
  • Host a Cartoon Exhibition and activities: The cartoons are a great resource and three sets have been prepared for those who want to host exhibitions.

Nelson Cartoon exhibition launch Tues 19 March

The Cartoons from the Competition will be on show at Lambretta’s Café in Nelson from mid-March. Jane Kelsey will speak at the exhibition on 19 March at 6.30pm and present the winner’s award to Mike Moreu.

Health Professionals Letter to PM and Groser

In a great initiative from health practitioners, academics, smokefree groups and unions, more than 400 members of New Zealand’s medical community have signed a letter to the Prime Minister expressing their concerns over the impact of the TPPA on New Zealanders’ future health and, in particular, the Government’s stated goal of achieving a smokefree New Zealand by 2025. The press release was widely reported and Morning Report ran a story on 4 March. The PM has promised to respond ….

16th round begins in Singapore

Check tpp16.sg for parody versions of most of the essential pages on the USTR TPP website.

Referenda Action: TPPA – the Biggest Asset Strip of All!

The numbers are looking good for the asset sales referendum, even though the government is determined to ignore it and proceed. The links are clear between the privatisations and TPPA, especially how it will lock in the rights of foreign investors and give them the right to sue a future government that tries to reverse it. We will be developing resources for people to use during the lead-up to the referendum. Again, we will be seeking volunteers and ideas.

Big Tobacco is already sabotaging plain packaging, beware the TPPA!

The government announced that NZ will follow Australia in adopting plain packaging laws – but not until the legal challenges to Australia’s law are over. That buys National time in the hope they won’t still need the Maori Party after 2014 and can ditch the policy. Philip Morris has just got the investment tribunal hearing its case against Australia to defer the first, procedural hearing until February 2014. So this could drag on for years. By then, the TPPA will provide an even bigger gun for them to attack our Smokefree 2025 policy.

In Singapore, the tobacco control groups published a stunning graphic colour advert in the Straits Times calling for exclusion of tobacco products. They will host a major press conference on 5th.

Action in the US: Withering debunks of Obama’s 2012 Trade Report

Eyes on Trade has posted a withering assault on US President Obama’s annual trade policy report: “The Obama administration wants to send you a Used Trade Policy”.

Friends of the Earth US also condemned the Trade report, saying the negotiating framework for the deal ‘favors Wall Street and multinational corporations at the expense effective environmental and climate policy.’

Over 400 groups sent an open letter to Obama rejecting the anti-democratic nature of the negotiations and demanding that any agreement prioritise human and labour rights, respect local development goals and procurement policies, not treat corporations as equals to government, protect food sovereignty and access to affordable medicines, safeguard against currency manipulation, improve consumer and environment standards and ensure robust financial regulations and public services. Yeah, right!

US Labour calls for a New Trade Model

The AFL-CIO has issued an important new position statement calling for a new trade model that serves working families. “American working families need a game change—a high-road strategy that focuses on creating high-wage jobs, encouraging collective bargaining, implementing a strategic manufacturing policy and reinvesting in our infrastructure and our people.” Not just America …

Resources and media coverage:

Australian public health expert Deb Gleeson’s 30 minute webinar on u-tube with slides and commentary, sponsored by the Australian public health association

A blog from Jane Kelsey on the newly launched DailyBlog

Jane Kelsey pointed out that the realities of the delay on plain packaging tobacco.

Academic slams report PM used to claim $3.5 billion gains to NZ from TPPA

Please share TPPA activities or good articles:

Contact Edward Miller edwardcrmiller@gmail.com; Facebook page ItsOurFutureNZ; and website www.itsourfuture.org.nz

 

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National kicks for touch on plain packaging

‘National’s ploy to introduce the law on plain packaging of tobacco products at the end of this year, but not pass it until all the cases pending against Australia’s law are concluded, will push it well into the next parliamentary term’, says Professor Jane Kelsey from the University of Auckland, who wrote an expert report on these issues in 2012.

‘By that time National will hope that no longer has to rely on the Maori Party for support and will be free to abandon the law if it wants to.’
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‘Big Tobacco is notorious for using these agreements to chill government’s decisions’, Professor Kelsey said.

Philip Morris’s submission on the consultation document on plain packaging warned that New Zealand would breach the World Trade Organization’s rules on technical barriers to trade and intellectual property.

British American Tobacco NZ went further. It claimed the legislation would breach (unnamed) investment treaties, ‘entitling the companies to an arbitral award requiring New Zealand to repeal the legislation and/or pay substantial sums in compensation’.

Companies within the BATNZ group would take ‘all necessary steps’ to protect their investment under New Zealand’s investment treaties.

‘It is clear that these threats have done their job’, Professor Kelsey observed.

‘National was already reluctant to follow the lead of the Australian government, which has thumbed its nose at the industry threats and vowed to fight their cases and win.’

Australia is currently facing two disputes under international trade and investment treaties.

One in the World Trade Organisation brought by Ukraine, Honduras and the Dominic Republic and bankrolled by the tobacco industry. New Zealand has joined as a third party.

A dispute panel to hear the Ukraine case was established in September last year but no date has been publicly notified for the hearing. No panels have been constituted for the other two disputes yet. The WTO panel and appeals process can be expected to take two more years.

The second dispute brought by Philip Morris Asia against Australia under the Australia Hong Kong bilateral investment treaty is underway in Singapore. Its first procedural hearing was in July 2012.

A procedural order released in January 2013 confirmed the hearings will be closed to the public, although documents filed in the case may be released by the party that filed them, subject to requests by the other party for redactions to protect confidentiality. This process could take three, five or more years and cost many millions of dollars.

‘By that time, if the National government has its way, the Trans-Pacific Partnership Agreement will be in effect and the tobacco companies will have a whole new legal canvass on which to play’, Professor Kelsey warned.

‘In a nutshell, if this is allowed to happen we can kiss goodbye to sensible public health policies - tobacco companies will rule the day’.

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TPPWatch Bulletin # 28

Next round Singapore 4-14 March

The first round of negotiations for 2013 starts in Singapore in two weeks. From what we have gleaned the timetable is full on and the negotiators will be under huge pressure to narrow down the disagreements. Unlike the last time they met in Singapore, there is a ‘stakeholder’ event, but being Singapore there won’t be any protests but there will be other activities to report on. Some activists have already been busy with a spoof website that mimics the USTR webpages that will run during the round.As Pos No TPPA

Healthcare professionals urged to sign TPPA Petition to PM

Are you a qualified health professional in New Zealand concerned about the TPPA? A number of public health groups have prepared a petition to the Prime Minister on behalf of the health community of New Zealand regarding the TPPA. The petition sums up concerns about the future impacts of the proposed agreement upon New Zealand’s ability to deliver public health policy, and in particular to achieve a smokefree Aotearoa by 2025. Health professionals (yes that does include nurses!) can sign online  - encourage your colleagues to do so too.

Government challenged to deny it plans to cave on Pharmac

Last November Tim Groser signalled to the Americans that NZ was willing to be ‘flexible’ on new ‘disciplines’ for Pharmac. That means giving way to the drug companies on the patent laws or on so-called ‘transparency’, where they get more influence over Pharmac’s decisions. Jane Kelsey called on the government to come clean on whether it has decided how it’s going to sell out Pharmac before the Singapore round.

Auckland City resolution sets impossible conditions for TPPA

During the TPPA round in December, government allies on Auckland City council popped a resolution onto the agenda of the regional development and operations committee supporting the agreement. Richard Northey tabled an amendment, seconded by Cathy Casey, set a lot of pre-conditions that will not be achievable. It was carried by 9 votes to 7 (see minutes at item 26).  It stops short of council resolutions in past years when some councils declared themselves APEC-free, GATS-free and MAI-free zones, but it is a really good precedent for other councils. A sympathetic council member can always move an amendment. If you are thinking of doing this in your area, please let us know so we can connect people and provide several background papers.

Great campaign ideas from Wellington strategy meeting

Some 10 different groups came to the strategy meeting in Wellington, which produced some great ideas for action to feed into the new campaign that will be launched at the end of the month until May to target the Cabinet’s decision on political tradeoffs. More details will follow in the next bulletin. Contacts for various sectors are Health: Marilyn Head, Churches: John Roberts; Environment: Simon Terry; Education: Michael Stevenson; Unions: Bill Rosenberg.

Auckland strategy meeting Tuesday 26 February

We plan to hold a similar strategy meeting in Auckland at 2pm on Tuesday 26 February at the Greens office at 17 Mercury Lane, Newton. Please come armed with ideas!

Letters to the PM and Groser top 1000

More than 1000 of you have sent a letter to PM Key and Trade Minister Groser opposing the TPPA  through itsourfuture.org.nz website. If you haven’t done so yet, it is really easy – and send the link to your friends.

Want to host the cartoon exhibition?

TPPA=TRAP  by Mat Brady winner of the People's Choice section of the  TPPA cartoon competition

The cartoon competition was a great success. Groups in several towns have said they want to host the exhibition, organise a launch and have some other events around it. We are printing off three sets of the cartoons. If you would like to do a show in your town, please let Ed know.

Wellington asset sales rally

Congratulations to the ‘no to asset sales’ activists in Wellington on last Wednesday’s rally. About 400 people turned out to hear a range of people speaking about privatisations, including TPPA. Lots of leaflets were handed out. The speeches, including Jane Kelsey on the TPPA, are available on Scoop, and a short u-tube video of voxpops.

MFAT wants(?) submissions on China version of TPPA

The US made it clear that the TPPA is the economic limb of its strategy to restore its power in the Asia as a counter to China; the other limb is redeploying the military from Iraq and Afghanistan to friendly states in Asia. Now China and the 10 ASEAN countries have launched their own version – the Regional Closer Economic Partnership (RCEP) that also will involve New Zealand, Australia, India, Japan, South Korea. The formal talks begin in May – at the same time as the TPPA round in Peru! This is much the same agenda as the TPPA, minus some of the US super-crazy stuff. MFAT is taking submissions on RCEP until 8 March. Tell them what you think.

Thanks to Stephen Parry

The Countdown to December campaign was a great success, made possible by the incredibly hard work of Stephen Parry in getting the new website up, preparing resources, organising events and replying to communications. Stephen has a new job but will remain part of the broader campaign.

Please share TPPA activities or good articles:

Contact Edward Miller edwardcrmiller@gmail.com; Facebook page ItsOurFutureNZ; and website www.itsourfuture.org.nz

 

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Who is the Worst Transnational Corporation Operating in Aotearoa

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For the first time, the organisers of the Roger Award for the Worst Transnational Corporation Operating in Aotearoa/New Zealand are inviting the public to have their say by voting online for the People’s Choice winner.

This is an online poll only; the field is restricted to the eight finalists from the 2102 Roger Award listed at the  People’s Choice Website, along with brief information about why each of them was selected; the People’s Choice winner will be announced at the same May Day event in Wellington at which the Roger Award judges announce their winner.

The judges’ choice is the actual winner of the Roger Award and, as always, will be accompanied by a detailed Judges’ Report and Financial Analysis. There will be no equivalent reports about the People’s Choice winner.

Vote Now

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TPPWatch Bulletin #25

TPPA circusleaves town 25

The Auckland round of TPPA talks has come and gone. It was met by a resounding no from kiwis across the country with protests, concerts, art exhibitions, public meetings, workshops, and innumerable discussions over cups of tea. Kia kaha to everyone who made the effort to educate themselves about the TPPA and publicly voice their opposition. This bulletin gives a round-up of press coverage, media releases, and resources from the last 2 weeks. We’re saving the discussion of ‘what next’ for one more bulletin in 2012, then we’ll have a short break before launching a new campaign to stop them making a deal by October.

Magazine provides one-stop primer on TPPA

People have been asking for a primer on the TPPA, so we have prepared an online TPPA booklet that has short, easy access stories about how the agreement could impact on our everyday lives. Thanks to Leigh Cookson for design, the many contributors, and FIRST union for funding the hard copy print run.

Give a TPPA cartoon for Xmas to help us fundraise

A number of the cartoonists generously agreed to have their cartoons auctioned to raise funds for the campaign. The logistics of the auction are now a bit beyond us, so we have decided insead to sell unframed prints of the cartoons for $30. Those available are by Mike Moreu (x 2), Claire Frith (x 2), Alex Parsons, Sam Mahon, Hayden Currie (x 2), Treason seditio, Rachel Marsh, Ashley Smith, Valerie Morse, Brendan Parker, Samuel McNaughton, Dave McArthur (1, 2, 3, 4, 5, and 6), Kesia Milne, and Dave Wolland. Email itsourfuturenz@gmail.com if you’re interested!

Protests say ‘no’ to TPPA

On December 8 an impressive 250 people gathered in Nelson express their opposition to the TPPA. In Auckland (400+) made a powerful display of people power against the TPPA, culminating in the delivery of the Avaaz petition of nearly ¾ million to the NZ host delegation at Sky City. Prominent activist Marama Davidson addressed the crowd with a Maori perspective on opposition to the TPPA and Catherine Delahunty gave a hard hitting message from the Greens. As the protest was ending, there were a number of arrests. A complaint has been laid with the police about provocation.

In Wellington 100 protesters marched to Parliament on December 12 to present an open letter to John Key and Tim Groser signed by nearly 1000 New Zealanders via www.itsourfuture.org.nz. The march was met by Catherine Delahunty and Steffan Browning of the Green Party. The Mana Party was also very visible at the Auckland and Wellington TPPA protests.

Wide-ranging New Zealand groups and sectors speak out against the TPPA

Catherine Delahunty from the Greens, the Mana Party, NZ First, the Alliance Party, and Democrats for Social Credit have all taken stands against this TPPA this last week.

Greenpeace New Zealand has launched a petition (which has already attracted nearly 10,000 signatories!) and published this excellent blog post.

From the health sector, the New Zealand Nurses Organisation and the New Zealand Medical Students Association spelt out the implications of the TPPA for access to medicines.

Unions in New Zealand and overseas banded to defend workers against the TPPA. The Maritime Union spoke out strongly, and the NZCTU, the US Teamsters Union, and Australian Manufacturing Workers Union jointly expressed their deep concerns over the direction of negotiations. Mexican unions also issued a strong statement opposing their government’s decision to join the TPPA negotiations.

The NZCTU took John Key to task for disingenuously (or at the very least, incompetently) projecting $3 billion in economic benefits for NZ. This was picked up very effectively by Russel Norman of the Green Party at question time.

President of New Zealand Actors Equity Jennifer Ward-Lealand delivered this presentation on the impact of the TPPA on the New Zealand culture sector at an Auckland event organised by It’s Our Future to award the prizes in the cartoon competition and launch the exhibition.

New Zealand science blogger Peter Griffin wrote an entry on what the TPPA means for science.

Public opinion strongly against key aspects of the TPPA

In the past two weeks three ConsumerLink polls have confirmed overwhelming public opposition to key planks of the TPPA:

On secrecy, 65% of New Zealanders think the contents of the agreement should be made public before the negotiations are completed and any deal is signed; only 14% of those surveyed said they didn’t mind if the text was not disclosed.

On the environmental impacts, 61% of those surveyed reject the concept of foreign investors having any ability to sue the government offshore if is sets stronger environmental standards.

On the investors-rights to sue, 64% of respondents said New Zealand should reject treaties with these clauses, and just 13% said we should sign them. 24% were unsure. See also the AFTINET release on this poll.

TPPA on the radio

The good people at Auckland’s 95bfm conducted interviews from 3-7 December focussing on different elements of the TPPA. The interviews are available online with: Maira Sutton of Electronic Frontier Foundation; Krista Cox of Knowledge Ecology International; TPPA cheerleader (of the NZ-US Council); Australian public health expert Deborah Gleeson; tobacco control advocate Mary Assunta Kolanthai; Jane Kelsey.

Assessments of, and reflections on, the Auckland negotiation round

Various op-eds and interviews

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