SIGNED, SEALED AND SECOND CLASS

“All this criticism by left wing activists before the details were even released.  Pathetic,” wrote a New Zealand Herald reader last week about opposition to the TPPA.  

But isn’t that the precise point of the criticism?  Not only were the details not released, even the broad outlines were treated as classified secrets.  Even now neither we nor our parliamentarians know exactly what’s in it.  That’s a problem the world’s biggest corporations don’t have because, unlike us, they got VIP access to it from day one, and had abundant influence in its drafting and on its negotiations. 

Thanks to Wikileaks, we did learn prior to its signing that the TPPA had less to do with mutual lowering of tariffs, and more to do with enshrining the rights of United States corporates to operate in New Zealand with less regulations and controls than our domestic companies. 

That has huge implications for almost every critical issue from health, education, environment and privacy, through to access to medicines and public services. 

In July, John Key admitted the cost of our medicines would rise, but assured us that would be offset by the increased exports resulting from the deal.  Last week, his Trade Minister Tim Groser confirmed that tariff-free access for our dairy produce into US, Canadian and Japanese markets had been denied. 

It has also been confirmed that the agreement contains the Investor-State Dispute Settlement (ISDS) which is a secretive international tribunal that allows corporations to sue states over virtually anything that affects their profits.  As a result, US corporations not only get to lock in their power, the TPPA makes it impossible for future governments to reduce or remove that power. 

If a protest affects their profits, a law reduces their profits, or a new regulation impacts what they can do with their profits; they can invoke the ISDS and sue.

Previous ISDS lawsuits include Swedish company Vatenfell suing the German state for $3.7 billion for phasing out nuclear energy; British American Tobacco (BAT) sued Australia for passing a law limiting cigarettes advertising; and the French company Veolia sued Egypt for raising the minimum wage.

Bear in mind that ISDS is available to foreign corporations alone.  Citizens, domestic firms and governments have no access to it.  Based on ISDS history, our sovereignty and democracy are at serious risk.  What, after all, is sovereign or democratic about an enormous imposition of power on this country when we, its citizens and parliamentarians, had no way of debating it or influencing governmental decisions on it? 

The history of these agreements shows that they’re very difficult to change unless people can see what’s in them, and that’s precisely why they’re kept secret until they've been signed and sealed.   

 We can now expect continued PR spin from the foreign corporates and lobbyists while, as Gerard Otto, another Herald reader wrote. "The New Zealand citizen still waits in line. Second Class. Relegated."