The leak of the Trans-Pacific Partnership (TPP) Agreement’s environment chapter reveals enormous flaws in the draft Agreement[1]. It fails to adequately address serious environmental concerns, and is the product of lax public consultations and a lack of transparency. As a very vocal critic of the negotiating practices behind the TPP, Pirate Party Australia urges greater transparency in the Agreement so that experts and the wider public have an opportunity to contribute to a genuinely positive treaty.
An analysis of the draft environment chapter by Professor Jane Kelsey of the University of Auckland’s Faculty of Law notes that although the chapter “addresses matters of conservation, environment, biodiversity, indigenous knowledge and resources, over-fishing and illegal logging, and climate change … Instead of a 21st century standard of protection, the leaked text shows that the obligations are weak and compliance with them is unenforceable.”[2] Professor Kelsey highlights that the investment chapter in particular threatens the efficacy of the environment chapter, especially as it is likely to contain investor-state dispute settlement provisions.
“There is little doubt that over the coming weeks there will be an enormous amount of criticism levelled at this leaked chapter”, commented Melanie Thomas, Pirate Party candidate for the Seat of Griffith in the upcoming by-election. “This is healthy and necessary to make the citizens of Australia and other participating nations aware of what is being negotiated on our behalf. What is unhealthy is the contempt the negotiating parties have clearly shown for public participation. As the leak is further analysed, we will become aware of the sham that public consultations have been, and how negotiators have taken on board very little of the constructive criticism provided. The reality is that a transparent, participatory approach is the only way to ensure the TPP and future agreements meet standards that are acceptable to the public.”
It is evident from Professor Kelsey’s analysis that despite Australia’s Department of Foreign Affairs and Trade describing the TPP at public consultations variously as “world class” and “best practice,” the Agreement falls well short of the mark when it comes to environmental protections.
The total absence of enforcement measures contained in the environment text are in notable contrast to the intellectual property chapters, which impose a wide array of draconian enforcement measures and restrictions.
“Compared to the extremely stringent and draconian intellectual property chapter, this leak of the environment chapter highlights the comparative unimportance placed on this part of the proposed Agreement. The intellectual property chapter is a lengthy, complicated mess that will lock Australia and other participating nations into outdated copyright and patent laws. Although the environment chapter is for the most part seemingly innocuous, it is clear from its lack of enforceability that it has not received the same amount of attention as the investment and intellectual property chapters. This highlights the focus of the negotiators and the vested corporate interests that have guided the process thus far,” Ms Thomas concluded.
Pirate Party Australia will be contesting the Seat of Griffith, Primer Minister Kevin Rudd’s former seat, in the upcoming by-election on Saturday, 8 February, 2014.
[1] http://wikileaks.org/tpp2/static/pdf/tpp-treaty-environment-chapter.pdf
[2] http://www.itsourfuture.org.nz/wp-content/uploads/2014/01/TPPA-Environment-Chapter.pdf