Lots of Action at the Dallas Round

As TPP negotiations got underway in Dallas on 8 May, Public Citizen launched an animated video “TPP: The Ultimate Corporate Power Tool”, a parody based on the classic Jackson 5 song “ABC”. Although it’s US focused it is a great clip and the message works for us too.The ‘Yes men’ gatecrashed the official reception and presented the US negotiator with the ‘Corporate Power Tool Award. They replaced the hotel’s toilet paper. There was a big rally, and actions by the Occupy movement. ‘’TPP – Why so secret?” was projected on the side of the hotel where the negotiations are happening.

Inside, the US has chopped the already minimalist ‘stakeholder presentations’. The US Trade Representative (the Trade Minister), a former Dallas Mayor, turned receipt of a petition of 24,000 people demanding release of the TPPA text into evidence of their openness to ‘stakeholders’ views’! He dismissed a letter from 30 law professors demanding an end to the secrecy, saying there has been an unprecedented level of openness.

Critics registered as stakeholders are using the limited space to  challenge the agressive demands on the table, mainly from the US, and provide increasingly wary negotiators with analyses and proposals to help them to resist these demands. The rally was streamed live into the room of ‘stakeholder’ tables and onto a big screen!

Open Letter from Lawyers says ‘No Investor- Enforcement in TPP’

More than 100 jurists from NZ and other countries involved in the Trans-Pacific Partnership negotiations, including eminent judges Sir Ted Thomas and Sir Owen Woodhouse, and former Speaker of the House Margaret Wilson, sent an open letter to the negotiators calling for the right of investors to sue governments directly to be excluded from the TPP.  Lawyers can still sign on. A specialist website has been created with background information. There was lots of media, including Bryan Gould in the NZ Herald, Jane Kelsey on TV3 and, with Bill Rosenberg, on Court Report. The Herald followed with a bizarre editorial. The mainstream media debate has begun!

Hikoi, Asset Sales and TPPA

The Aotearoa Not for Sale Hikoi stopped in Johnsonville on 3 May to visit the electorate office of Peter Dunne, who holds the key vote on the energy asset sales bill. The Ohariu-Belmont group is keeping the pressure on him, but he doesn’t seem inclined to bow to this. The next day the hikoi was joined by a crowd of over 5000 as they marched to Parliament. After representatives from Labour, NZ First, Green and Mana parties spoke to the crowd, a series of women spoke very eloquently, including Francie, a previously silent immigrant of 20 years, who has been galvanised by the Johnsonville campaign.

Protests Continue in Wellington

Zombies danced outside the Wellington Stock Exchange on Thursday May 10 drawing attention to privatisations, asset sales and the TPP. A very long anti-TPP banner imitated the rolling stock exchange neon information that circles the building endlessly.

Asset Sales Petition

The petition against asset sales is available everywhere. Links were clearly made to the TPPA at the launch at Turnbull House, Wellington on 10 May. Make sure you sign. You could volunteer to help with signatures.

SOE Minister Guarantees no Investor-State disputes in TPPA

In a Radio NZ interview Tony Ryall said “you can be quite sure that the government is not going to agree to provisions that mean any foreign company can come and litigate everyday governing decisions by the New Zealand government to the detriment of the people of New Zealand. Why would you agree to that?”. So we now expect him to join the campaign to against investor-state disputes in the TPPA and all other FTAs …

TPPA on Intellectual Property threatens Sovereignty

A blog by Susan Chalmers of Internet NZ, from the TPPA negotiations in Dallas, took issue with the trade-off John Key outlined at the NZ-US Council: if NZ gets better access to US dairy and meat markets, the US gets to change NZ’s intellectual property laws to suit, namely, the film and music industries. NZ is then effectively stripped of its sovereignty when it comes to shaping aspects of its own IP policy.

NZ-US Council Conference Downplays Prospects for TPPA

The NZ-US Council’s 10^th anniversary conference at the Sky City Casino was dominated by the TPP negotiations – not surprising, as it was formed to push for a NZ-US FTA. A report that the TPPA would boost the NZ economy by $2 billion wasn’t taken seriously. An American business lobbyist gave a sober assessment of progress in the TPP talks, citing a ”chasm” between leaders’ ambitions and their negotiators’ positions and asking ”How can any product, service or core rule be excluded from the final package by one or more countries without the house of cards falling? We do not believe it can.” John Key talked down the supposed benefits and timeline. Former Labour Trade Minister Phil Goff was still pushing his old pro-FTA line. Seems a bit out of touch.

What next? – Lots of people are asking what they can do to spread awareness and  mobilise more people. That is great! We know people need information and resources, but we also want to encourage people to think about what they and their networks can do and how we can support them.

Please share TPP activities or good articles: contact Mary Ellen oconstance@gmail.com (the bulletin) and/or Hannah tppwatch@gmail.com (the website); Facebook page, Stop Stealing New Zealand and websites www.tppwatch.org and tppdigest.org 

Thanks! Mary-Ellen O’Connor and Jane Kelsey on behalf of TPPWatch

Download this bulletin as a Word or PDF file

View previous bulletins here: Bulletin 9, Bulletin 8, Bulletin 7, Bulletin 6, Bulletin 5, Bulletin 4, Bulletin 3, Bulletin 2, Bulletin 1

Add your name to the list of people opposed to the TPPA here. (To receive this bulletin by email tick the box at the bottom of the form)

When: Thursday 10 May, 12 noon – 1pm

Where: NZX Stock Exchange Building, 11 Cable Street (Mac’s Brewery Building) next to Circa Theatre, Wellington Waterfront [click link for location map]

This protest is part of the `Aotearoa is Not for Sale’ Campaign.

Join us in our protest outside the NZX Stock Exchange building this Thursday at noon. Bring `noise makers’.

Depending on the weather, we may move our protest to MFAT – Ministry of Foreign Affairs and Trade. We will be doing this protest rain, snow or southerlies… come bundled up in warm wet-weather attire if need be and ready to make a noise.

* The Trans Pacific Partnership Agreement is currently being negotiated in secret by New Zealand and other countries. If implemented it will seriously undermine New Zealand’s sovereignty. The TPPA would take precedence over NZ domestic law and allow foreign investors (for example, part-owners of power companies) to sue the NZ Government in an international Tribunal if they believed any actions here would compromise their profit-making and share values.

For more information visit People’s Power NZ or see the facebook event

You can read their open letter and other information on the new TPP Legal website here.

A number of media outlets have covered the open letter today.  These include:

• Lawyers fight TPP right to sue Govt - NZ Herald
• US firms to control NZ legislation? – Fairfax Media (printed in DomPost, Press)
• Right to sue needs to be exempt from TPPA – Firstline interview, TV3
• See also letter signatory Bryan Gould’s opinion peice Right to be troubled about secret partnership

Professor Jane Kelsey, a critic of the agreement, called the move a “tired and discredited tactic that aims to garner support for an increasingly unpopular negotiation and avoid a real inquiry into what it means for New Zealand ”.

“The study doesn’t even talk about New Zealand except in passing or among the 23 countries listed in the tables”.

“The economic modeling it uses bears no relation to the real world of the negotiations. The US government still insists it won’t give New Zealand any market access for dairy products. With an election in November, that’s not about to change”.

“Even staunch supporters of free trade have strongly criticised the econometric modeling used in such studies, because they ignore the costs and assume the best possible of outcomes,” she said.

Australian Productivity Commission Bilateral and Regional Trade Agreements in 2010 said optimistic estimates in Australian studies had inflated the expected economic gains, ‘the economic value of Australia’s preferential BRTAs has been oversold’ (p.xxviii).

Today’s report claims to have adopted the Productivity Commission’s guidelines, yet it still concedes that ‘the scenarios used in this study to analyze ambitious paths of future agreements… might strike some as unrealistic’ (p.4).

The Australian Productivity Commission also said governments should avoid provisions that allow investors to sue the government directly lack a clear economic rationale and carry policy and financial risks. Intellectual property provisions should only be included after studying their economic impacts. The NZ-US Council report ignores any issues.

“If the NZ-US Council really believes this is so good for New Zealand it should urge the government to drop the shroud of secrecy, release the current draft texts and its negotiating mandate, and support the parliamentary hearing that it has so far vetoed. Only then can we make an informed and balanced assessment of its implications for our country and our future”, said Professor Kelsey.

Te Hikoi

Right now we need to get in behind the Aotearoa Not For Sale Hikoi and associated events as the most visible expression of our anger and frustration with the privatisers, the globalisers, the asset sales facilitators and all their ilk, making the links to how foreign investors will use the TPPA. This is now heading  from Auckland to Wellington, timed to reach Parliament on Friday 4 May. Join if and where you can.

At the Auckland March on Saturday 28 April several thousand anti-TPPA leaflets were handed out and the yellow and black placards were very visible. All these resources, and some photos, are on the website.

Around 500 people turned out in Nelson. Rotorua media coverage has made the links between the TPPA and privatisation in advance of the hikoi getting there.

Ohariu Action Group on Privatisation & TPPA

The Ohariu citizens committee intend to keep the pressure on Peter Dunne who provides the 1-vote majority for the government to pass this bill. This week they challenged Dunne’s ostrich position on the TPPA with a flag raising at his Johnsonville electoral office on Friday. See John Maynard’s great interview on TV3 News.

Submissions on Privatisation & TPPA

Submissions are being heard on the “mixed ownership” (privatisation of energy companies) bill – with 5 minutes per submitter! Almost all oppose it. The submission from the NZCTU addresses the TPPA. The Select Committee asked Jane Kelsey for further written information on the right of investors to sue the government under these agreements and the Treaty clause. Hopefully that’s encouraging!

Petition for Citizen-Initiated Referendum on asset sales

The Clerk of the House has approved a proposal for a citizens initiated referendum on asset sales supported by a wide range of community groups and political parties. Keep Our Assets will be formally launched on the 10 May 2012, in Wellington. Don’t be put off because the question is positively worded. If the referendum gets up it will be a great campaigning opportunity.

Tobacco Industry Threatens Plain packaging law

The knee jerk threats from the tobacco industry to challenge the governments announcement that ‘in principle’ it will adopt Australian-style plain packaging laws, subject to a consultation starting later this year. Philip Morris, which is suing Australia under investment treaty, said the NZ law would violate numerous international law and trade treaties. So it looks like they’ll use the same bully tactics with us. The US corporate lobby groups that are behind the TPPA made their own threats, warning that adopting plain packaging laws could damage NZ’s exports – which suggests they’ll do their best to make sure that happens! All this provided great opportunities for media exposure of the TPPA. Press releases from First Union General Secretary Robert Reid and Prof Jane Kelsey led to TV3 x 2, TVNZ and radio. Let’s hope Big Tobacco keeps shooting itself in the foot in this ongoing saga!

TPPA International Campaign

In Tokyo last Wednesday around 3000 people hit the streets to oppose Japan joining the TPPA when Prime Minister Noda visits Washington next week. That followed a resolution in the Diet (Parliament) where a majority voted against Japan entering the TPPA talks now – meaning Noda would lose a vote of no confidence if he went ahead. Japanese groups even ran a wrap-around advert in the Wall St Journal calling on Americans to join them opposing the deal. No surprise that Noda is backing off …

The next formal round of talks start in Dallas on 8 May. For updates on the action there keep an eye on  tppdallas.org.  The International Trade Union Congress has objected to the US that dropping the stakeholder forum from the round removes one of the few opportunities for civil society to present their case to negotiators – in contrast to the much better access for corporate interests.

Other Media

The Roger Award for the worst transnational operating in New Zealand was held in  Christchurch on 20 April. Rio Tinto  (best known in New Zealand for its sweetheart deal with the government over electricity charges for its subsidiary the  Aramoana smelter) took the Roger trophy for the first time. However, RT has been waiting in the wings a long while having been nominated on numerous occasions previously.

That great patriot Michael Fay has launched a second appeal -26.April 2012-against the latest Crafar farms decision in favour of the Shanghai Pengxin. See Antony Hubbard’s article about the Crafar farms and other asset sales.

Alarming new  revelations about the Hobbit negotiations show how big corporations will use the TPPA. Gordon Campbell comments

Please share TPP activities or good articles: contact Mary Ellen oconstance@gmail.com (the bulletin) and/or Hannah tppwatch@gmail.com (the website); Facebook page, Stop Stealing New Zealand and website www.tppwatch.org

Thanks! Mary-Ellen O’Connor and Jane Kelsey on behalf of TPPWatch

Download this bulletin in Word or PDF formats.

View previous bulletins here: Bulletin 8, Bulletin 7, Bulletin 6, Bulletin 5, Bulletin 4, Bulletin 3, Bulletin 2, Bulletin 1

Add your name to the list of people opposed to the TPPA here. (To receive this bulletin by email tick the box at the bottom of the form)

On Friday, the Ohariu Action Group on Privatisation & TPPA challenged Dunne’s ostrich position on the TPPA with a flag raising at his Johnsonville electoral office. The Ohariu citizens committee intend to keep the pressure on Peter Dunne who provides the 1-vote majority for the government to pass this bill. See John Maynard’s great interview on TV3 News.

At the Auckland March on Saturday 28 April several thousand anti-TPPA leaflets were handed out and the yellow and black placards were very visible. Click here to view and download the placards and leaflets

Around 500 people turned out in Nelson. In Rotorua media coverage made the links between the TPPA and privatisation in advance of the hikoi getting there.

Te Hikoi

Right now we need to get in behind the Aotearoa Not For Sale Hikoi and associated events as the most visible expression of our anger and frustration with the privatisers, the globalisers, the asset sales facilitators and all their ilk, making the links to how foreign investors will use the TPPA. This is now heading  from Auckland to Wellington, timed to reach Parliament on Friday 4 May. Join if and where you can.

“This is a battle between life and death for New Zealanders and life and death for the tobacco industry. The industry will fight it all the way, backed by its bottomless treasury.”

Investment chapters in free trade agreements allow the companies themselves to sue the government directly in private offshore tribunals on the grounds that new policies seriously affect the value or profitability of their investments.

Philip Morris is currently using such agreements to challenge strict new tobacco laws of Australian and Uruguay through complex chains of subsidiaries.

New Zealand has different agreements, but it is just as vulnerable to a dispute. The proposed Trans-Pacific Partnership Agreement would give those powers to US investors, providing a more direct pathway for the tobacco companies to sue.

“It doesn’t really matter to Big Tobacco whether they have a solid legal argument. If they succeed, the government could have to pay hundreds of millions of dollars damages and/or withdraw the law. “

“But these disputes are just as much about harassment and having a ‘chilling’ effect on government decisions, while providing a deterrent to other countries, as they are about the law,” Professor Kelsey observed.

In addition, the government would be likely to face legal action at the World Trade Organisation – where it likes to be viewed as an exemplary free trade citizen.

Proposals for consultation on the policy starting later in the year might allow the National Government to buy time, and defer making a decision, perhaps permanently, if the industry can make life uncomfortable enough.

Information about Legal Challenges to Australia’s plain packaging law

The Australian government is being sued from three directions:
1. The tobacco companies have brought a constitutional challenge claiming the law constitutes a ‘taking’ of their private property, being trademarks. The hearing started in the Australian High Court this week.
2. Philip Morris Asia is suing the Australian government under a bilateral investment treaty it signed with Hong Kong in 1993. Again, the tobacco giant is claiming expropriation of its intellectual property, and a breach of fair and equitable treatment because the government changed the law on the investor.
3. A dispute in the World Trade Organization is being initiated by Ukraine and Honduras alleging breaches of intellectual property rules and the agreement on technical barriers to trade that applies to product labelling. New Zealand has asked and been allowed to join as a third party to that dispute along with several other countries. There is speculation that this dispute is being funded by the tobacco industry.

This Hikoi from Te Rerenga Wairua to Wellington is a non-political event providing an opportunity for all people across all sectors to demonstrate public opposition to privatisation, asset sales, welfare reforms, deep water oil drilling, coal mining, fracking and the TPPA.  Timetable and marches (please check the website for any changes):

Tues 24 April             Kaitaia march 11am

Wed 25 April             Kawakawa 1pm, Whangarei 3 pm

Thur 26 April             Wellsford 11 am

Fri 27 April             Harbour Bridge 3 pm

Sat 28 April              Auckland 3 pm at Britomart

Sun 29 April             Rotorua 3pm

Mon 30 April             Turangi 3 pm

Tues 1 May             Taihape 3 pm

Wed 2 May             Palmerston North 11 am

Thurs 3 May             Porirua 12 noon

Fri 4 May             Te Papa to Parliament

Sat 5 May             Rally and Free Concern in Wellington

Sunday 6 May             Constitutional wananga

After the hikoi arrives in Wellington there will be a week of events, activities and demonstrations in and around Wellington. Accommodation will be provided for those from out of town. The TPPA will be centre stage. It’s a great chance to be visible with placards, educate with leaflets (on TPPWatch website & facebook soon) and spread the word. Keep track of developments on https://www.facebook.com/events/170682386382094/

Submissions linking Partial Privatisation & TPPA

Submissions on the partial privatisation (‘mixed ownership’ sic) bill closed last Friday. A number of people and organisations, including the NZCTU, Geoff Bertram and Jane Kelsey, have said that foreign investors will exploit the TPPA for lobbying purposes and deter re-regulation and new policies that could impact on their profits. Hearings are expected to begin in a couple of weeks in several major centres. If you made a submission and didn’t include the TPPA it’s a good opportunity to do so when you give your oral submission. If not,  just turn up at the hearings with leaflets.

Peter Dunne’s Pathetic Cop-out

On 2 April John Maynard wrote to Peter Dunne on behalf off People’s Power Ohariu:

“ I am writing to ask about the possible impact on the partial sale of state assets by the Trans Pacific Partnership Agreement currently being negotiated by nine countries including New Zealand.

1.        During last year’s election campaign did you have any knowledge of the proposed investor/state disputes procedure in the Trans Pacific Partnership Agreement?

2.        Do you have any information now about what rights the TPPA investor/state disputes procedure could give to international investors from TPPA countries with investments in any of the “mixed ownership model”  power companies?

3.        Were you aware of the TPPA investor/state disputes procedure when you signed your confidence and supply agreement with the National Party Government after the last election?

As the Mixed Ownership Model Bill has now been introduced into Parliament and the Trans Pacific Partnership Agreement is nearing its final stages I ask that these questions are answered with urgency.”

Dunne immediately replied:

“Dear John, The Trans Pacific Partnership Agreement negotiations have not yet been concluded, let alone any agreement having been confirmed by the New Zealand Government. Until and unless that happens it is utterly premature to speculate about the import of any of its yet to be finalised provisions, and I am not going to waste yours and my time doing so.”

And by the time it is finalised, it is utterly too late. …

Last Fig-Leaf of Democracy Goes in TPPA Talks

Now the US has taken control of the Trans-Pacific Partnership Agreement negotiations it has removed the only pretense of transparency – the daylong ‘stakeholder’ programme where critics can present information and analysis directly to negotiators. The US has announced that stakeholders can register and be allocated a ‘table’, but not make any presentations, at the next round of negotiations in Dallas from 8 to 18 May. The US says it consulted all the other countries – but most negotiators spoken too so far didn’t know about and they weren’t happy! They rely on the activists to create the environment where they can say no to the US – which of course is why the US has canned the event.

More Secret Shenanigans in Santiago

at the latest ‘inter-sessional’ negotiations on intellectual property in Chicago last week. Those who were there report: ”Cozy relationships with government aren’t the only way corporations are influencing these talks. This week, American University and the University of Chile arranged to host an event to present analyses critical of particular proposals in the TPP. These include leaked provisions that would greatly favour Big Phrma, expand drug monopolies and raise medicine prices. The keynote speaker was to be Senator Ricardo Lagos, a major political figure in Chile considered to be a possible candidate for the presidency. Nevertheless, the public University of Chile law school cancelled the event with less than two days’ notice, evidently on the advice of a member of the faculty who is a paid advisor of the multinational pharmaceutical companies’ association in Chile. The cancellation sent organizers scrambling for a new venue at Chile’s Catholic University.

Media & Blogs

‘NZ Asset Sales Policy Began On Wall Street’ Op ed from the Clutha River Forum

The Key government’s asset sales agenda is derived from the Washington Consensus – a set of Wall Street-driven policies that were pronounced dead after the global financial meltdown in 2008. The New Zealand government, however, remains loyal to this failed ideology. … The Trans Pacific Partnership Agreement (TPPA) signals yet another secretive free trade deal intended to free-up access to foreign assets. http://www.scoop.co.nz/stories/PO1201/S00050/nz-asset-sales-policy-began-on-wall-street.htm

US concern at NZ patent rejig: ‘The United States Government has taken aim at a planned overhaul of New Zealand patent law that would prevent the patenting of computer software. … Computer Society chief executive Paul Matthews said he feared the Patents Bill had been put on ice by the Government because concessions might be made to the US on the issue of software patents during trade negotiations over the Trans-Pacific Partnership. … http://www.stuff.co.nz/dominion-post/business/6722191/US-concern-at-NZ-patent-rejig

Please share TPP activities or good articles: contact Mary Ellen oconstance@gmail.com (the bulletin) and/or Hannah tppwatch@gmail.com (the website); Facebook page, Stop Stealing New Zealand and website www.tppwatch.org

Thanks! Mary-Ellen O’Connor and Jane Kelsey on behalf of TPPWatch

Download this bulletin in Word or PDF formats.

View previous bulletins here: Bulletin 7, Bulletin 6, Bulletin 5, Bulletin 4, Bulletin 3, Bulletin 2, Bulletin 1

Add your name to the list of people opposed to the TPPA here. Tick the box if you want to receive this bulletin by email.

Professor Kelsey has spoken at these events in Auckland, Santiago, Ho Chi Minh City, Melbourne and Chicago on issues of investment, financial services, development issues, state-owned enterprises, and human rights impact assessments.

The US has announced that stakeholders can register and be allocated a ‘table’, but not make any presentations, at the next round of negotiations in Dallas from 8 to 18 May.

The stakeholder presentations have offered detailed expert analyses of the legal issues and implications of TPPA proposals that many countries’ negotiators do not have time, resources or knowledge to develop themselves.

They also provide important support for the positions that countries are taking in the negotiations, especially against the very aggressive demands from the US.

Even though it is voluntary for the negotiators to attend, they often ask for follow-up discussions on the issues and how they might protect their interests – without, of course, the advisers having access to the draft text.

“Clearly, even this limited engagement is being too effective for the US’ liking”, said Professor Kelsey. “We know the US has been annoyed that other countries’ negotiators want to attend these events and has actively dissuaded some from doing so. Now the future rounds of negotiations are being held in the US, it has been able to cancel the programme altogether.”

The corporate lobby has the money to buy time with delegations, if they are not given formal access during the negotiations. Critics of the US position on intellectual property and investment have previously hosted breakfasts and lunches, but this is expensive and the last time it was tried in the US the hotel cancelled the booking, presumably at the US government’s behest.

Professor Kelsey has asked the lead New Zealand negotiator, David Walker, whether New Zealand has agreed or objected to this latest step to intensify the already obsessive secrecy surrounding the negotiations, or will be prepared to raise the issue, but has yet to hear.

“Without this fig-leaf of transparency and our ability to access and assist the negotiators, the US will have even greater ability to bully them into a deal that can’t be unwound once it sees the light of day.”

“It is time to insist that New Zealand’s government pulls the plug on this travesty that has no place in a 21st century democracy”, urged Professor Kelsey.

“Apologies to those who got excited by my April fool’s day announcement that the Trans-Pacific Partnership negotiations were emerging from behind their shield of secrecy and the text would at last face democratic debate and scrutiny”, said Dr Jane Kelsey, who issued a press release to that effect on 1 April.

“Regrettably, the rest of the press release was true.”

The May and July rounds of the TPPA negotiations will apparently take place in the Dallas and the West Coast of the United States, respectively.

US officials say they want the text to be concluded in July.

But their aggressive demands on a wide raft of issues, from pharmaceuticals and agriculture to (lop-sided) restrictions on state-owned enterprises and the rights of investors to sue, are facing strong resistance from the other eight countries.

As host, the US Trade Representative will be able to set the agenda, chair the meetings and tailor “stakeholder” engagement to marginalise the critics from the US and abroad and provide abundant opportunities to its corporations to lobby.

“Sadly the prospect of democratic engagement with this process is becoming more remote by the day”, said Dr Kelsey.