The Pirate Party renews its calls for greater transparency and participation in treaty negotiation, following the latest leaked draft of the Trade in Services Agreement (TISA) that shows the agreement is likely to impose anti-privacy and anti-freedom of speech obligations upon Australia. These provisions would benefit large multinational corporations and governments at the cost of the rights of the citizens, and are being negotiated behind closed doors.
“Democracy is under threat, not from terrorism or rising global tensions, but from secretly negotiated treaties like the Trade in Services Agreement and the Trans-Pacific Partnership,” said Simon Frew, Deputy President of the Pirate Party. “Provisions too severe to be proposed domestically for fear of being summarily booted from office are being included in treaty negotiations to be swallowed as a bitter pill along with what might otherwise be sensible proposals. TISA is the latest in a long line of secret treaties that have adopted this strategy, and must be opposed as vigorously as the Trans-Pacific Partnership and the Anti-Counterfeiting Trade Agreement before it.”
The Pirate Party wishes to draw attention to the TPP ministerial meeting to occur tomorrow, 25 October 2014, and continues to reiterate the demand that the draconian text be made public.
Tomorrow, 25 October 2014, Sydney will host a meeting of trade ministers from countries currently negotiating the Trans-Pacific Partnership Agreement (TPP). The aim of the meeting is to conclude the “basic elements of the agreement before the end of the year,” despite the last four years of negotiations being fraught with fundamental disagreements. Of enormous public concern is the lack of transparency surrounding what is intended to be a comprehensive agreement: at this point in time, no drafts have been officially made available for public comment or consideration.
“Recent leaks show the negotiators have learned nothing from the public outcry over previous leaks. The negotiators are pushing ahead with paradigm-shifting intellectual property provisions in the interests of entrenched American corporations, going above the sovereign parliaments of their own nations. Once the document is signed, it is very unlikely to be changed, and very likely to be waved through Parliament with limited oversight. This is legislation through the backdoor; corporate capture of democracy,” commented Brendan Molloy, Pirate Party President.
“It is beyond time that the text was made public. We have seen the content of it through leaks, and what we have seen would have a significantly negative impact on everything from freedom of expression, access to knowledge and access to medicine, all in the interests of American corporations. This agreement is not in the national interest.”
A recent leak of the Trans-Pacific Partnership Agreement (TPP) draft intellectual property chapter shows that negotiators remain divided over key issues. The leak reveals that in May 2014 there was limited agreement on the intellectual property provisions, despite the negotiations being ongoing since at least 2008. The TPP is notorious for the secrecy of its negotiations and the exclusion of the public despite it being widely known that some corporate lobbyists have had access to draft texts and a strong hand in influencing negotiating positions.
Of concern are draft provisions that would substantially increase the cost of medical treatment, both domestically and in other participating countries, which demonstrates the strong lobbyist influence on the negotiations. Other provisions may expand Internet service provider surveillance of subscribers, expand what can be patented, and seriously undermine competition by strengthening monopoly rights.
“It is time for the game of secrecy to end. The negotiations seem to be going around in circles and be contrary to the stated positions of the negotiating nations. They fly in the face of expert opinions, and consultations thus far have been little more than shams,” said Brendan Molloy, Pirate Party President.
“Negotiating in this fundamentally undemocratic way will see the involved nations saddled with obligations designed by lobbyists for the benefit of lobbyists, and by the time we find out exactly what those obligations are it’ll already be signed and imposed upon us,” Mr Molloy continued.
Of enormous concern is the removal of an article that would ensure Article 31 of the TRIPS Agreement remained fully effective. Article 31 regards compulsory licences of patents to ensure national emergencies in developing countries can be effectively managed. Limiting the effect of Article 31 is likely to have extremely negative effects on managing local and global epidemics.
The Pirate Party denounces any attempts to include certification provisions in the highly secretive Trans-Pacific Partnership Agreement (TPP). The United States, one of twelve negotiating nations including Australia, may be given the power to opt-out of the Agreement if countries do not implement the TPP according to the standards of the United States Trade Representative. This has been used by the United States to pressure other countries into adopting its interpretation of trade agreements.
These provisions give an inordinate amount of leverage to the US Government to pressure treaty partners, such as Australia, to alter and adopt laws that go beyond the negotiated text of the treaty. In practice this could result in a situation where the US Government and its advisors are approving, or even drafting, Australian laws to ensure they comply with the interests and expectations of the United States.
Brendan Molloy, President of the Pirate Party, commented: “This is an egregious overreach. I daresay that any Australian government that signs such an unbalanced agreement, which puts such an unequal share of power in the hands of a foreign entity, is guilty of betraying the interests of the Australian people. A partnership where all parties do not have equal power is not a partnership. By signing such a fundamentally unbalanced agreement, Australia would be granting the US significant control of our sovereignty, making us effectively a vassal of the United States.
Responding to the Attorney-General’s refusal to publish more than 5,500 submissions on the Government’s proposed amendments to the Racial Discrimination Act, the Pirate Party has lodged a freedom of information for the release of those documents. The refusal to release these documents has been referred to as “ironic” given the amendments were designed to improve freedom of speech in Australia. In May this year the Attorney-General announced the Government was reconsidering the amendments.
Brendan Molloy, Councillor of the Pirate Party commented: “This is an unusual and overwhelming number of submissions. In our experience legislative inquiries and reviews are unlikely to reach 100 submissions. The fact that over 5,000 were received demonstrates an obviously enormous public interest in the legislation, and opposition must have been extreme for the Government to be so tight-lipped on these submissions. There is no decent reason why these submissions should not be made available to the public.”
“This Government has shown a worrying tendency against transparency in the ten months it has been elected. There has been a pattern of refusal to operate transparently, from refusing to release departmental briefs even after freedom of information requests were made to the expansive and secretive scope of ‘Operation Sovereign Borders'. The Government has refused to allow the Human Rights Commissioner to visit the detention centres on Nauru and Manus Island for the preposterous and bureaucratic reason that the Commission’s jurisdiction does not extend past Australia’s borders. In addition to all of this, the appalling track record of the current and former governments has overburdened the Office of the Australian Information Commissioner. It takes several months for the OAIC to review rejected freedom of information requests, and instead of providing more resources, the Abbott Government is axing it!”