Professional Documents
Culture Documents
I oppose the TPPA due to the numerous risks it poses for citizens control
over domestic politics, decision-making and the rule of law;
environmental protection; Mori rights and Te Tiriti o Waitangi; our
nations economic wellbeing; investment and investor dispute resolution;
Local Government; and intellectual property and information technology.
I stand with countless others opposing the TPPA both domestically and
around the world, including:
a.
b.
Citizens;
Indigenous peoples;
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c.
d.
e.
3.1. In addition, I support TPPA concerns raised by and under the following:
a.
b.
Wai 262 claim, in so far as the TPPA has failed to meet the findings
and recommendations of the Waitangi Tribunals report Ko
Aotearoa Tnei (in particular regarding Chapter 8 of the report,
The Making of International Instruments3);
c.
d.
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dots with the numerous converging agendas and associated crises that
were in and which are escalating to epic proportions at an alarming rate
(the diagram above6 indicates many of them).
3.3. However, on the understanding that many others have submitted the
specific TPPA risks, my submission will focus on the bigger picture issues.
THE WIDER TPPA CONTEXT
4.
Language
4.1. First, an important distinction: I will use the term free trade agreement
(FTA) to refer to a category of treaties which typically involve trade tariff
liberalization. However, I will refer to the TPPA as a so-called FTA or
fake trade agreement, due to criticisms that most of its chapters deal
with matters which arent traditionally considered free trade at all.
Rather, the bulk of the TPPAs provisions disproportionately benefit
corporate profit-making agendas to act with minimum State regulation or
interference7 (and correspondingly an alarming reduction of citizens
sovereign decision-making control over our own domestic affairs). This is
one example of an almost infinite multitude of mechanisms used to
benefit (often unfairly) many businesses, financial institutions,
corporations and the obscenely wealthy, which makes farcical notions
such as the so-called free market and trickle-down. In other words,
its simply another form of corporate socialism and welfare
(hypocritically, two concepts which many oligarchs and the super-wealthy
have used to demonize any criticisms against them and to manufacture
bias or advantage in the marketplace).
4.2. As a result, politicians, captains of industry, media and others who
promote the TPPA as an FTA are either being shamelessly misleading,
disingenuous and/or are ignorant of critical relevant data. Similarly,
ridiculing those who oppose the TPPA as anti-free trade is, in all
probability, based on a flawed premise or logic and an extremely worrying
level of ignorance and bias. This false dichotomy serves to confuse and
distract from the truth about the TPPAs (and the so-called free
markets) real bigger picture insidious purpose. It is disturbing that TPPA
proponents must resort to such tactics in order to aid ratifying the
instrument in New Zealand, reinforcing the idea that the TPPA is unable to
stand on its own merits.
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5.1. Agreements like the TPPA are often referred to as NAFTA on Steroids.
Among NAFTAs many criticisms was that ultimately, NAFTA was never
about trade competition between nations; it was about wage competition
between corporations and workers.10 In other words, The point was
never to truly merge [the USA, Canada and Mexico] into a common
societybut to solidify Mexicos position as a source of cheap labor for
U.S. corporations. As a result, Canada and the USA suffered significant
job losses, but across all three signatory countries "the gap between rich
and poor has grown exponentially, and the government's ability to set
public policy has been curtailed in favour of giving carte blanche to
foreign investors.11 The TPPA being an expansionistic innovation of past
agreements like NAFTA, we can expect more of the same.
Ill-fated USA Geo-political Domination Agendas
6.
The USAs agenda to use the TPPA to leverage its unfairly beneficial
geopolitical position seems disturbing enough. However, at least we can
hold hope that its nations citizens will exert their collective will, moral
compass and loyalty to a broad range of democratic, environmental and
human rights values to ultimately curb the worst excesses of USA
megalomaniac tendencies (as US citizen opposition to the TPPA is
currently demonstrating).
7.1. On the other hand, another highly influential group of TPPA architects16
transnational corporations - have (and continue to have) primarily one
motive, and one motive only: i.e. profit-making. And unfortunately, their
affiliated shareholder base also has a high regard for that primary motive.
In addition, these shareholders are typically emotionally disconnected
with the suffering of citizens or the environmental harm that occurs in
any countries negatively affected by their corporations behaviours.
Therefore, while not impossible, theyre less likely to reign in immoral
corporate behaviour (like the creation of a TPPA that is for the most part a
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c.
d.
e.
f.
Environmental destruction;
Perversion of legal and justice systems;
Corruption of democratic decision-making systems21; and
Re-distribution of wealth and power from the masses of society to a
relative few super influential and rich people and companies
(correspondingly a growing gap between the rich and the poor,
including a middle class that is disappearing at an alarming rate).
7.4. This is all the more a troublesome situation given the TPPA is an economic
instrument, and the original meaning of economy is about careful,
restrained and efficient management of resources the exact opposite of
what post-industrial neo-liberal economies seem to be achieving today.
Growing Social Instability a national security issue
8.
8.1. Therefore, its not just the ISDS and other TPPA threats that our
Government ought to be worried about. New Zealand citizens are as we
speak rallying against our Government from the inside (to a nature and
degree only ever witnessed in the times of civil unrest during the 80s
anti-apartheid resistance and nuclear free protesting days):
a.
b.
c.
d.
e.
f.
g.
8.2. And our citizens justified concerns are supported by alarms raised by
credible experts internationally, including:
a.
8.3. Demonstrably, We, The People of Aotearoa (to whom politicians as our
elected representatives are accountable to) are saying No! to the TPPA,
and our case is compelling. Our elected representatives need to recognize
that New Zealand citizens would be not only within their rights but
arguably obliged, in the interests of protecting our freedoms and other
values, to aggressively escalate action against a wilfully-blind Government
that fails to listen to the People to whom it was mandated and
established to serve.
8.4. For example, there is growing interest in, and inspiration taken from, the
successful action taken by the citizens of Denmark against their
Government in the international court of justice last year.34 The
coalescing moral and legal arguments for pursuing such action are still to
be determined but may include:
a.
b.
c.
i.
ii.
ii.
CONCLUSION
9.
b.
c.
Recognize the need to take all steps to mitigate and adapt to the
climate crisis: and, to facilitate 9.2.a-b above
d.
b.
unless the People of New Zealand vote in favour of the TPPA; and
9.4. I urge civil society to:
a.
ii.
iii.
b.
A.
B.
ii.
Catherine Murupaenga-Ikenn
(N Ngti Kuri, Te Rarawa)
United Nations Office of the High Commissioner for Human Rights Indigenous
Fellow, 2005
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Appendix One:
FAR NORTH CITIZENS CLIMATE
DECLARATION43
02 November 2015
8. We are mistrustful of international agreements such as the Trans Pacific Partnership which will
only serve to increase corporate and foreign interests influence over domestic law, regulations
and policies thereby making it exponentially more difficult for We, The People, to protect what
we value against Life-destroying agendas;
In relation to Human Rights and Obligations
9. We recall, as the foundation of freedom, justice and peace in the world, our inalienable human
rights to life, liberty, security of person and other economic, social and cultural rights;54
10. We are passionately committed to fulfilling, to the best of our ability, our human responsibility to
protect Mother Earth, her life-supporting systems, and all life which dwells upon her; and
11. We firmly believe that urgent transformative change must be led and demanded by the conscious,
collaborative energies and actions of tangata whenua, citizens, non-governmental organisations,
Faith-based groups,55 socially-minded business leaders and others in society (or, for lack of a
better word, People Power).
WE THEREFORE CALL UPON GOVERNMENT IN NEW ZEALAND TO:
12. Urgently design and implement, in close good faith consultation with We, The People, a
comprehensive, meaningful, action-oriented climate crisis mitigation and adaptation strategy
which transcends Parliamentary politics and election cycles. Such a strategy must include:
a. A focused and aggressive transition from a carbon fuel-based society to renewable energy
technology, including the cessation of petroleum exploration at the earliest possible
opportunity;
b. The constitutional, legal, regulatory, policy and enforcement components required to actively
protect and give effect to all human rights, including Indigenous Peoples human rights56; and
c. Reform of neo-liberal economic operating systems to ensure alignment with true wellbeing
values of, and an equitable distribution of wealth in, society;
13. Otherwise exercise its legislative, executive and judicial powers in a manner which is transparent,
accountable, equitable, inclusive, responsive, effective and in the highest interests of Aotearoas
citizens;57 and
WE FURTHER CALL UPON CIVIL SOCIETY INCLUDING ALL CORPORATE
ENTITIES, BUSINESS AND INDUSTRY TO:
14. Urgently support and/or join with like-minded citizens, groups and organisations (whether
governmental or non-governmental; public or private sector; local, regional, national, Pacificregional or global) in realizing the values and aspirations as expressed in this Citizens Climate
Declaration; and
15. Actively comply with your obligations (whether as citizens, corporate entities 58 or actors with
professional responsibilities in society) to respect human rights and the natural world.
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Further edited 7 March 2016. Note that the substance of the paper remains unchanged despite the edits
which are mostly re formatting and typos.
2
See TPP Legal at: https://tpplegal.wordpress.com/waitangi-tribunal/.
3
See report "Factsheet 9 re Chapter 8, at http://www.justice.govt.nz/tribunals/waitangitribunal/documents/generic-inquiries/flora-and-fauna/wai-262-the-making-of-international-instruments/view.
4
5
See http://www.tppafacts.co.nz/explore-issues/.
See http://itsourfuture.org.nz/tppa-text/.
6
See The World Economic Forum, Global Risks Report 2015, Figure 1., accessible at
http://reports.weforum.org/global-risks-2015/.
7
This is consistent with the now well-known fact that hundreds of corporate advisors were, along with State
representatives, active architects of the TPPA as opposed to affected citizens of the States participating in
the TPPAs negotiation.
8
The Australian Productivity Commissions 2010 report showed no net benefit for Australia from their FTA
with the US: see TPPA - Dont Ratify, p2, at http://itsourfuture.org.nz/wp-content/uploads/2016/02/TPPAreasons-not-to-ratify.pdf.
9
See "Trade Treachery by Alan Grayson at 4:08 mins into the video, at
https://www.youtube.com/watch?v=TdQg_bRt2gA.
10
See Critics say NAFTA's 10-year record validates dire predictions, at
http://www.nwlaborpress.org/2003/12-19-03NAFTA.html.
11
See It's time to renegotiate NAFTA, critics tell Harper (14 February 2009), at
http://www.thestar.com/news/canada/2009/02/14/its_time_to_renegotiate_nafta_critics_tell_harper.html.
12
The USA is in debt to the tunes of USD$19.094 trillion (as at 3 March 2016). Technically bankrupt by
anyones standards: See http://www.brillig.com/debt_clock/.
13
For decades, virtually all oil and natural gas around the world has been bought and sold for U.S. dollars
(See The Economic Collapse, De-Dollarization: Russia Is On The Verge Of Dealing A Massive Blow To The
Petrodollar (13 May 2014), at http://theeconomiccollapseblog.com/archives/de-dollarization-russia-is-onthe-verge-of-dealing-a-massive-blow-to-the-petrodollar). The result has been a demand for US currency that
has kept the value of the US dollar up.
14
Meaning Brazil, Russia, India, China and South Africa.
15
At the Governments TPPA public meeting, Auckland (7 March 2016), the question was asked (ref B Coates
email 8 March 2016) How is the TPPA in the national interest given it doesnt include our second biggest
trading partner, China? Obama had been quoted as saying "if we dont write the rules, then China will write
the rules in the region. And The Government officials answered The TPPA is not part of a pivot against China.
The government wrote a National Interest Analysis. The government says it is not an anti-China agreement.
Want China to join. However, its easy for a small fish in a big pond to declare what they want knowing that
they dont have sufficient influence to achieve their desire.
16
500+ company representatives (and their support personnel) were all privy to the TPPA negotiations. This
makes farcical the Governments claim that trade deal negotiations are ordinarily conducted in secret. Since
when do corporations have the greater democratic right to influence Governmental decision-making than the
affected citizens? Moreover, the excuse of confidentiality is seriously undermined by the continuation of
secrecy four years beyond the signing of the agreement: see Permanent Forum on Indigenous Issues, Joint
Intervention: Aotearoa Item 5: Future work of the Permanent Forum Duty of the State to protect
Indigenous Peoples affected by transnational corporations and other business enterprises (16 May 2012),
para 11, at:
http://www.docip.org/greenstone/collect/cendocdo/index/assoc/HASH01d7/4b55570f.dir/pf12piripi275.pdf.
17
For an overview of the growing inequity between the many who have the least and the few who hold the
most wealth in the world, see the World Economic Forum, Who are the 1%? The answer might surprise you
(14 October 2015), at http://www.weforum.org/agenda/2015/10/who-are-the-1-the-answer-might-surpriseyou/.
18
See Rolling Stone Magazine, Inside the Koch Brothers' Toxic Empire (24 September 2014),
http://www.rollingstone.com/politics/news/inside-the-koch-brothers-toxic-empire20140924#ixzz3mECZ9oo1.
19
Keeping in mind that many of these are the same personalities behind the enthusiastic pursuit of off-planet
outer-space expansionistic aspirations, so they literally know no earthly limits to their greed.
20
Everything, including growth economy mechanisms such as the TPPA, operate within the larger
overarching life support system which has its biological limits. However, we tend to relate to instruments like
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the TPPA in isolation. This is fundamentally flawed: one cant violate the laws of physics (e.g. concerning
infinite growth within finite limits) without perilous consequences. Rather, we must recognize and actively
explore mechanisms and operating systems which are more aligned with the laws of nature e.g. the Steady
State (or stationary) economy: for more information on this model, see http://steadystate.org/hermandaly/.
21
See The Koch Brothers, ALEC, and the TPP (24 January 2014), at: http://wetlandspreserve.org/phpUpload/uploads/Koch_TPP.pdf.
22
See The World Economic Forum, Global Risks Report 2015, accessible at
http://reports.weforum.org/global-risks-2015/.
23
See Appendix One, Far North Citizens Climate Declaration (2 November 2015).
24
For a useful reminder, see https://sites.google.com/site/universalsovereignnz/home/documents/publicservant-oaths).
25
th
Quote of John F Kennedy (35 USA President). Chris Hedges (journalist, activist, author, and Presbyterian
minister) put it another way, that our oppressors determine the parameters of revolt.
26
See TPP: Hundreds gather outside Governor-General's residence (30 January 2016) at
http://www.nzherald.co.nz/nz/news/article.cfm?c_id=1&objectid=11582294; and for the petition form, see
http://itsourfuture.org.nz/wp-content/uploads/2016/02/Petition-of-the-People-of-Aotearoa-for-a-BindingReferendum-on-TPPA-1.pdf.
27
See Appendix Two and Three (pages 1 and 2 respectively).
28
See New Zealanders Vote No to the TPPA (8 December 2015) at
http://www.scoop.co.nz/stories/PO1512/S00085/new-zealanders-vote-no-to-the-tppa.htm; Waiheke Local
Board declares Hauraki Gulf Islands TPPA free (2 February 2016) at
http://www.stuff.co.nz/business/76492169/waiheke-local-board-declares-hauraki-gulf-islands-tppa-free;
Upper Hutt City Council votes to make the city New Zealand's first 'TPPA free zone' (25 February 2016) at
http://www.stuff.co.nz/national/77221956/upper-hutt-city-council-votes-to-make-the-city-new-zealands-firsttppa-free-zone; Octagon declared a 'TPP-free zone' (30 January 2016) at
http://www.odt.co.nz/news/dunedin/371457/protesters-declare-octagon-tpp-free-zone.
29
See TPPA should not be adopted without a full, independent health assessment (
19 February 2016) at https://www.nzma.org.nz/journal/read-the-journal/all-issues/2010-2019/2016/vol-129no-1430-19-february-2016/6809.
30
See further information at https://tpplegal.wordpress.com/.
31
See for example http://union.org.nz/subject/tppa.
32
de Zayas goes on to say that the TPPA is not an end in itself, but must be seen in the context of the
international human rights regime, which imposes binding legal obligations on States...Trade agreements are
not stand-alone legal regimes, but must conform with fundamental principles of international law, including
transparency and accountability...Should the TPP ever enter into force, its compatibility with international law
should be challenged before the International Court of Justice (ICJ): at
http://asiapacificreport.nz/2016/02/03/tpp-out-of-step-with-human-rights-dont-sign-says-un-expert/.
33
Although this alarm was raised in the context of the TTIP, the ISDS concerns are equally applicable
to the TPPA: see http://newint.org/blog/2016/02/04/german-judges-issue-damming-indictment-ofttip/.
34
See Hague climate change judgement could inspire a global civil movement (24 June 2015) at
http://www.theguardian.com/environment/2015/jun/24/hague-climate-change-judgement-could-inspire-aglobal-civil-movement?CMP=share_btn_tw
35
See
http://www.legislation.govt.nz/act/public/1961/0043/latest/DLM328579.html?search=sw_096be8ed811d488
4_slave_25_se&p=1&sr=2. Note that slave includes, without limitation, a person subject to debt-bondage or
serfdom, and that the TPPA poses the real risk of sinking our country into greater and greater debt which
ultimately falls on We, the taxpaying citizens of New Zealand, to fund the repayment of as has been forced
upon the citizens of Greece and other countries (often coupled with austerity measures) to repay inequitable
international bailout loans: http://greece.greekreporter.com/2016/03/04/greek-bailouts-the-sale-of-a-nationand-the-death-of-democracy/.
36
Arguably, a particular neo-liberalist, capitalist, so-called free market economic belief system is nothing
more than an ideology, and a demonstrably failed one at that.
37
Arguably, with the forecast increase in particular medicines, it could certainly in a direct way make
unaffordable (and therefore unattainable) any aspirations for health recovery (i.e. life) by certain individuals.
There may also be other indirect links to mortality for other New Zealanders with health issues.
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38
The case for economic harm has been persuasively made; and weve already seen how the TPPA can have a
chilling effect on environmental law, policy and regulation and their implementation.
39
Downloadable at http://www.un.org/en/universal-declaration-human-rights/index.html. Note that our New
Zealand Bill of Rights Act 1990 includes the right to life (s8 see
http://www.justice.govt.nz/policy/constitutional-law-and-human-rights/human-rights/domestic-humanrights-protection/about-the-new-zealand-bill-of-rights-act), but that life relates to a particular dignified
quality of life as referenced by other human rights. It does not mean mere survival, or existence as a slave.
40
See the United Nations Office of the High Commissioner for Human Rights website on the core human rights
treaties http://www.ohchr.org/EN/HRBodies/Pages/TreatyBodies.aspx and the United Nations Declaration on
the Rights of Indigenous Peoples at http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf.
41
Statement delivered by Prime Minister John Key of New Zealand, 1 October 2015, 70th United Nations
General Assembly - General Debate, at https://www.mfat.govt.nz/en/media-and-resources/ministrystatements-and-speeches/70th-united-nations-general-assembly-general-debate/.
42
See for example the Independent Constitutional Working Groups /Matike Mai Aotearoas information
website at http://www.converge.org.nz/pma/iwi.htm (including their January 2016 report); and the NZ
Government-appointed Constitutional Advisory Panels 2013 report at
http://www.ourconstitution.org.nz/The-Report.
43
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