The civil society groups raised grave concerns over the possible inclusion of toxic technologies, wastes, and substances in the CEPA, pointing to similar agreements negotiated and ratified by Japan with Singapore, Malaysia, and most recently the Philippines. These agreements entered into by Japan, known as Economic Partnership Agreements, have the goal of facilitating trade, and are primarily accomplished by reducing tariffs to zero on selected goods. Civil society groups are worried that by including toxic wastes and other banned substances in the list of goods enjoying preferential tariffs a market environment is created providing an incentive for waste traders to step in and exploit.

"International laws have drawn a line between what should lawfully be considered "goods"fit for the commerce of man and from those that are "bads", said Richard Gutierrez of the toxic trade watchdog group, Basel Action Network. "The Basel Convention[i], and its Basel Ban Amendment[ii] have drawn the line on toxic wastes as a global "bad". Japan and India, as parties to the Convention, should respect their obligations and exclude these "bads" from the CEPA."

Other issues, such as lack of transparent and democratic processes also plague the other Economic Partnership Agreements that Japan has entered into, most notably with the Philippines. According to civil society groups, Filipino groups were refused copies of the draft Japan-Philippine Economic Partnership Agreement[iii], and were only allowed copies after the agreement was signed between the two countries. Negotiations were also conducted under a veil of secrecy, and civil society groups were denied access and representation.

"The CEPA could mean an honest move forward for Japan and India or it could be step backwards to the dark ages of waste colonialism," said Jayakumar Chelaton, of Thanal and of the Global Alliance for Incinerator Alternatives (GAIA). "There is no place for toxic wastes in the future of Asia, and there is clearly no place for Japanese toxic wastes in India."

The demands of the civil society groups to both Japanese and Indian officials are:

1. All listings of toxic technology and internationally controlled or banned wastes and substances are expunged from tariff reduction provisions and other exploitative provisions are removed from CEPA and for this condition to be added to the Terms of Reference of the negotiations.
   
   
2. Ratification of the Basel Convention's Ban Amendment is accomplished by the two countries at the earliest possible date.
   
   
3. Civil society groups are accorded representation and participation in the ongoing negotiations of CEPA, and be given access to all relevant information pertaining to the CEPA negotiations.
   
   
4. CEPA negotiations are made open and transparent.
   
   
5. A serious program to prevent hazardous and other wastes at source via toxics use reductions, stopping planned obsolescence should be part of CEPA, as well as holding Japanese and Indian manufacturers accountable for the products they produce.

End

Contact:

Richard Gutierrez, Basel Action Network Asia Pacific in Manila at: Tel: +63.0917.506.7724; e-mail: rgutierrez@ban.org

Jayakumar Chelaton, Thanal/Global Alliance for Incinerator Alternatives in Kerala at Tel: +91.944.701.6587; e-mail: jayakumar.c@gmail.com

NOTES:

[i] The Basel Convention on the Transboundary Movement of Hazardous Wastes and its Disposal comprises of 169 member countries to date. The Convention requires all countries to take national responsibility for managing their own waste within their own national borders, as well as setting rules on exports that must take place. The , and has passed numerous decisions forbidding exports of hazardous wastes from rich to poorer countries. See: www.basel.int.

[ii] Formally known as Decision III/1, the Basel Ban Amendment was passed in 1995 which prohibits the exports, for disposal or recycling, of hazardous wastes from rich to poorer countries.

[iii] The Japan-Philippine Economic Partnership Agreement was signed last Sept. 9, 2006. For more information on JPEPA download the updated BAN Report on JPEPA at: www.ban.org/library/JPEPA_report.pdf