Current Affairs

Cat & Mouse Game by Minister, MITI &The Government

By Charles Santiago

I wish to thank the Minister of International Trade and Investments, Datuk Seri Mustapa Mohamed, for replying my questions on the Transpacific Partnership Agreement (TPPA) last week in Parliament. However, I wish to further respond to some of these points:

(1) Parliamentary Select Committee (PSC) on TPPA

The Minister has dismissed the need for a PSC on TPPA because apparently there is already adequate debate in parliament. This however, seems to merely be a convenient excuse for the Ministry and the government to escape scrutiny.

The Minister also agreed that the TPPA is beyond a normal trade agreement because it involves many other areas other than trade.

For example, the TPPA will affect matters relating to the environment, labour, government procurement, IPR and cost of medicine.

Ironically, he still thinks that a 20-minute question and answer session would suffice to discuss these crucial and complex issues and serve the interest of the nation.

This time frame is simply insufficient to substantially scrutinize the key issues pertaining to a trade agreement, which involves 29 chapters of controversial and important issues.

The government needs to follow best practices to ensure that the agreement serves the best interest of the nation.

A Parliamentary Select Committee is important to ensure that there is adequate oversight from parliament.

In the US for example, Congress has established the Congressional Oversight Group (COG), consisting of members of different political parties, to provide advice regarding trade negotiations.

In addition, five members from each House are formally appointed under statute as official Congressional advisors on trade policy. Upon request, the trade department has also provided access to classified negotiating documents to interested Member of Congress.

In neighboring Thailand, all trade agreements must undergo strict parliamentary oversight.

In contrast, what are the mechanisms put forth by the Malaysian parliament to ensure that the TPPA is done in the best interest of the people?

As such, I reiterate that A mere 20 minute reply by the Minister is simply not acceptable.The scope and nature of the TPPA is enormous, and if signed, will significantly alter the socio-economic landscape of Malaysia.

A PSC is needed to ensure that there is adequate oversight on TPPA negotiations, in order to safeguard the interest of 28 million Malaysians.

The urgency for scrutiny is great given that Malaysia has agreed, with other TPPA partner countries that the final version of the trade agreement would be kept secret for a period of four years.

(2) Cost-benefit Analysis

On June 14, YB Nurul Izzah, YB Wong Chen, Dr. Dzulkefly Ahmad, and I met the Secretary General of MITI.We were promised that the cost-benefit analysis of TPPA, conducted by the United Nations Development Programme (UNDP), will be made available to us within two weeks, from the day of the meeting.

Last week in parliament however, MITI renegaded on its promise as the Minister gave another convenient excuse that the lawyers are currently scrutinizing the report to ensure that its confidentially is protected as the agreement involves other countries.

I must say that I am not surprised at this sudden U-turn, as MITI has been making similar promises over the past two years. But nobody has actually seen the UNDP report.

This just further strengthens the case that MITI and the government has failed in its duty to be transparent and to provide adequate information to the people, especially elected representatives.

MITI must stop hiding being the excuse of confidentiality and immediately make public the cost-benefit analysis, that is if it even exists in the first place.

(3) More Transparency is needed

MITI should stop this cat and mouse game and take its responsibility more seriously.Last week, I had the chance to speak with the US lead negotiator for the labour chapter of the TPPA. It’s ironic that a Malaysian Member of Parliament had to be briefed by a US negotiator, instead of the Malaysian government itself.

This just further highlights the appalling state of engagement by the Ministry with stakeholders.

While it is true that the ministry has had dialogues with several MPs and civil society organizations, these sessions fall short of any meaningful outcome as the government continuously refuses to provide key information. As such, they merely become a good PR mouthpiece for the ministry.

The TPPA has been negotiated for more than 2 years now and on 15th July 2013, the 18th round of negotiations will be held in Malaysia.

But yet, Malaysian Members of Parliament and civil society are still in the dark.

I strongly urge the government to immediately form a PSC on TPPA to ensure there’s adequate oversight from Parliament, and to also make public the cost-benefit analysis. – The Rocket

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