Wednesday, 16 December 2015

TPPA: Kajian kos faedah ISIS tidak lengkap

by Khairil Ashraf   December 16, 2015   Sumber : Free Malaysia Today

PETALING JAYA : Ahli Parlimen Klang Charles Santiago mendakwa kajian kos faedah oleh Institut Kajian Strategik dan Antarabangsa (ISIS) berhubung Perjanjian Perkongsian Trans Pasifik (TPPA) adalah tidak lengkap.

Menurutnya, kajian itu tidak membincangkan tentang monopoli ubat dan kenaikan harga ubat-ubatan sekiranya Malaysia menandatangi TPPA.

“Dalam perhitungan mereka, perjanjian yang akan ditandatangi oleh Malaysia hanya berkait dengan hak milik intelektual tidak akan membawa kenaikan pada harga ubat-ubatan.

MP: Govt's analysis of TPPA is shallow

Koh Jun Lin     Published 16 Dec 2015    Source : Malaysiakini

Klang MP Charles Santiago has slammed a government-commissioned study on the Trans-Pacific Partnership Agreement (TPPA) as “shallow”.

The national interest analysis prepared by the Institute of Strategic and International Studies (Isis), Charles said, missed out on a number of key issues that could impact the prices of medicines.

The TPPA, he said, stipulates two different circumstances when the patent term for medicines can be extended but the analysis completely ignored the one stipulated under Article 18.37.2 of the agreement.

Tuesday, 15 December 2015

TPPA legitimises 'spying' of Internet users, claims researcher

by  Koh Jun Lin     Published 15 Dec 2015     Source : Malaysiakini

The Trans-Pacific Partnership Agreement (TPPA) contains provisions that would legitimise 'spying' by Internet service providers (ISPs) on their customers, warned a researcher today.

Jay Jay Denis said the provisions are meant to deter copyright infringements on the Internet, but end up giving too much power to ISPs.

Among others, ISPs would be given 'legal incentives' to cooperate with copyright owners to deter copyright infringement.

MP disputes indie analysis of TPP, insists prices of drugs will rise

December 15, 2015    Source : The Malay Mail Online

PETALING JAYA, Dec 15 — Two independent cost-benefit analyses of Malaysia’s participation in the Trans-Pacific Partnership (TPP) failed to disprove fears that generic medicines will become more expensive if the country joins the deal, a DAP lawmaker asserted today.  

DAP MP Charles Santiago insisted that the studies by the Institute of Strategic and International Studies (ISIS) and PricewaterhouseCooper (PwC) only said that Malaysia will be allowed "timely access" to the medicines and neglected to mention their affordability.

"This simply means that medicines both, generic and biologic, will be made available, but whether or not the prices will go up, it did not say. However, price of drugs is surely to go up because of exclusivity rights given to pharmaceutical companies," the Klang MP told a news conference.

Friday, 4 December 2015

Small businesses will be like Malaysia vs Man United under TPP, says DAP MP

December 4, 2015    Source : The Malay Mail Online

PETALING JAYA, Dec 4 ― Using football as analogy, DAP’s Charles Santiago voiced today concern for the survival of local small and medium entrepreneurs should Malaysia join the Trans Pacific Partnership (TPP) spearheaded by the US.

The Klang MP who is opposed to the trade deal said that Malaysia’s small-medium enterprises (SME) would be pitted against multinational corporations (MNCs) and could be wiped out if there was no contingency plan.

“Once TPP takes effect in two years,  we will see MNCs competing against SMEs. How are our SMEs, with no budget for research and development and access to technology compete with MNCs?” he asked in a news conference here.

Will Putrajaya use NSC Bill, anti-terror laws against workers on strike? DAP rep asks

December 4, 2015   Source : The Malay Mail Online

PETALING JAYA, Dec 4 ― DAP MP Charles Santiago questioned today if the federal government would use anti-terrorism laws and the proposed National Security Council (NSC) law to counter the expected increase of strikes by trade unions if Malaysia enters the Trans-Pacific Partnership (TPP).

Santiago claimed that the view in Malaysia of trade unions as the “number one enemy” is reflected in a cost-benefit analysis of the TPP by the Institute of Strategic and InternationaI Studies (ISIS), which he said had shockingly categorised obligations that Malaysia must fulfil to lift labour standards as “public order and stability” matters.

Santiago highlighted the ISIS analysis report stating that the government is “aware of the potentially disruptive threats of labour actions and is studying measures to mitigate them”, and then questioned planned action on workers.

TPPA may backfire on FDI, says opposition MP

by Koh Jun Lin     Published 4 Dec 2015    Source : Malaysiakini

As Malaysia is poised to sign the Trans-Pacific Partnership Agreement (TPPA), Klang MP Charles Santiago warned that it could backfire on Malaysia's hopes that it would increase foreign direct investment (FDI).

He pointed to an academic paper, which says that a bilateral investment treaty (BIT) can reduce FDI inflows when it comes to countries with high political risk – a category that Charles argues includes Malaysia.

The paper reads: “Where a country exhibits high levels of political risk, there is a marginal benefit in signing a treaty and, for particularly risky countries, BITs may actually have "a negative effect on FDI inflows.”

TPPA should be called investor protection pact, says MP

by  James Sivalingam    December 4, 2015    Source : Free Malaysia Today 

PETALING JAYA: Charles Santiago of DAP has said that while trade and its promotions are extremely important for the nation, trade deals should serve all stakeholders; businesses, governments and its people, where everybody should be able to benefit from it.

At a press meet here this morning, the Klang MP said the old ‘zero sum game’ notion, where one gains and the rest lose was “passe” and new approaches were needed with agreements that balanced profit, rights and the interest of people.

“Rights are heavily compromised in our current agreements. It is very skewed in favour of businesses over the rights and lives of people.

Thursday, 3 December 2015

Opposition reps want AG’s take on TPP agreement

December 3, 2015    Source : The Malay Mail Online

KUALA LUMPUR, Nov 3 ― Opposition have written in to Attorney-General (AG) Tan Sri Mohamed Apandi Ali, seeking his legal opinion on the controversial Trans-Pacific Partnership (TPP) agreement, especially on the clause that makes signatory nations vulnerable to legal action by companies from partner countries.

Pakatan Harapan MPs including DAP's Charles Santiago and PKR's Wong Chen urged Apandi to take a closer look at the agreement’s 30 chapters, and on the investor-state dispute settlement (ISDS) mechanism, which they said could undermine the country’s sovereignty.

“We want to get his legal opinion in black and white on this trade agreement. One of the most controversial topics in is the investment chapter.

Pakatan Harapan MPs seek AG’s advice on constitutionality of TPPA agreement

by Ram Anand   3 December 2015    Source : Stop ISDS   Originally from : The Malaysian Insider

Four Pakatan Harapan lawmakers today wrote a letter to the Attorney-General Tan Sri Mohamed Apandi Ali seeking clarification whether the Investor State Dispute Settlement (ISDS) mechanism under the Trans-Pacific Partnership Agreement (TPPA) is in line with the spirit of the Federal Constitution.

PKR’s Nurul Izzah Anwar and Wong Chen, along with DAP’s Charles Santiago, and Amanah’s Dr Hatta Ramli sent the letter to the AG’s office today.

The ISDS, which is a major component under TPPA, allows a corporate entity to drag a state to a tribunal.

MP laughs at TPPA clause that allows gov’t to be sued

by Blake Chen  December 3, 2015   Source : Free Malaysia Today

KUALA LUMPUR: Klang MP Charles Santiago has said he intends to send a letter to the Attorney-General’s Chambers in regard to the power the Trans-Pacific Partnership Agreement (TPPA) has put in the hands of foreign corporations who would have the legal right to sue the government if they so wished.

Speaking at a press conference in Parliament today, Santiago explained that the most “controversial” chapter among the thirty contained in the agreement was the one on investments.

“This chapter explains that it allows foreign corporations to sue the government, challenge Parliamentary decisions and decisions made in courts in the federal and high court level.

Saturday, 28 November 2015

Expect US to keep close watch on M'sia over TPPA

by Koh Jun Lin     Published 28 Nov 2015     Source : Malaysiakini

United States will be expected to scrutinise Malaysian laws to see whether the country has held up its end of the bargain in the Trans-Pacific Partnership Agreement (TPPA).

When that happens, according to Klang MP Charles Santiago, Malaysia's claims that it only needs to provide five years of data exclusivity for biologics will not hold water.

 “As part of the requirement by the US Congress to accept a free trade agreement, there is something called a certification process.

A bleak future awaits workers under TPPA, warns MP

by Koh Jun Lin     Published 28 Nov 2015     Source : Malaysiakini

Subcontracted and outsourced labourers with no job security nor benefits will become more widespread in Malaysia under the Trans-Pacific Partnership Agreement (TPPA), warned Klang MP Charles Santiago.

Presently, he said, Malaysian law allows only the plantation sector to hire such workers, although it is also prevalent in other sectors, despite it being illegal.

However, with Malaysia signing a TPPA side agreement with the United States, this will allow all sectors of the Malaysian economy to hire outsourced labour.

Friday, 27 November 2015

DAP claims TPP side deal will risk job security for blue- and white-collar workers in Malaysia

November 27, 2015     Source : The Malay Mail Online
PETALING JAYA, Nov 27 — The Trans-Pacific Partnership (TPP) side agreement on labour between Malaysia and the US will expose factory and even office workers to job insecurity as it will legalise labour outsourcing and subcontracting, a DAP lawmaker said today.

Klang MP Charles Santiago from the DAP said workers who are outsourced and subcontracted, which is currently legal only in the plantation sector but practised widely in factories across sectors, do not have security of tenure nor social protections like the Employees Provident Fund (EPF) and Socso.

“Subcontracting and outsourcing sets a dangerous precedent,” Santiago told a press briefing here.

Worker protections under TPPA just window dressing, says opposition MP

November 27, 2015    From : HAKAM    Originally from : The Malaysian Insider

Worker protections in the Trans-Pacific Partnership Agreement (TPPA) actually amount to nothing, an opposition lawmaker said, as Putrajaya seeks to play up these widely lauded aspects of the contentious pact.

Klang MP Charles Santiago said a big reason for this is because the TPPA would legalise labour sub-contractors and out-sourcing companies, which are notorious for the way they treat workers.

In fact, legally, the Malaysian government currently does not allow labour contracting except in the plantation sector due to problems in how they operate and treat workers.

Drug prices won’t rise? Rubbish, says Klang MP

by  Sheith Khidhir Bin Abu Bakar  November 27, 2015     Source : Free Malaysia Today

PETALING JAYA: Klang MP Charles Santiago today censured a senior official of the Ministry of International Trade and Industry (MITI) for claiming that medicine prices will not go up when the Trans-Pacific Partnership Agreement (TPPA) comes into force.

Reacting to a statement made yesterday by J Jayasiri, MITI’s Deputy Director-General for Strategy and Monitoring, Santiago said prices would remain high as long as protection was in place.

“Protection means that there will be a form of monopoly,” he told FMT. He cited the case of Jordan, where he said prices went up 17 per cent after protection was put in place.

Saturday, 21 November 2015

US-China battle for Asean - where do we stand?

by Koh Jun Lin     Published 21 Nov 2015    Source : Malaysiakini

While Malaysia plays to both sides as the United States and China jockey for influence in the Asean region, Klang MP Charles Santiago warned that Malaysia will not be able to keep this up forever.

Charles said China has not has not been sitting idly while the US tried to solidify its influence through the Trans-Pacific Partnership Agreement (TPPA), but instead has been bankrolling projects around the Asean region, including in Malaysia.

This can be expected to intensify next year, he said, if Malaysia’s economy grows weaker and the government is forced to cut its budget further.

TPPA signatories must be set to lose assets in disputes

by Koh Jun Lin     Published 21 Nov 2015     Source : Malaysiakini

Governments that fail to pay up after losing an Investor-State Dispute Settlement (ISDS) lawsuit are likely to see their foreign assets seized by investors, Klang MP Charles Santiago said.

Charles said the Trans-Pacific Partnership Agreement, which also has provisions for an ISDS, allows for such seizures to take place.

As an example, he said, a German company that won an ISDS case against Thailand had once learned that Thai Crown Prince Maha Vajiralongkorn had landed in Germany in a private jet.

Friday, 20 November 2015

TPPA will force rewrite of laws, says MP

by  Sheith Khidhir Bin Abu Bakar    November 20, 2015   Source : Free Malaysia Today



PETALING JAYA: Klang MP Charles Santiago claims that the chapter on investments in the Trans-Pacific Partnership Agreement (TPPA) allows foreign companies to sue the government if its policies threaten their profits.

Speaking today in one of his chapter-by-chapter reviews of the TPPA, Santiago said the ninth chapter of the 30-chapter agreement was the most controversial as it meant corporations could challenge the decisions of both the courts and Parliament.

He said that although other free trade agreements (FTAs) to which Malaysia was a party had similar chapters, it was a bigger issue in the TPPA because of the broadness of topics covered in its other chapters.

FTAs create boom in business of suing govts

by  Sheith Khidhir Bin Abu Bakar    November 20, 2015   Source : Free Malaysia Today 


PETALING JAYA: The business of suing governments has flourished as nations enter into various free trade agreements (FTAs), according to Klang MP Charles Santiago.

Speaking today as he reviewed a chapter of the Trans-Pacific Partnership Agreement (TPPA), Santiago claimed that there had been a “mushrooming” of legal firms that specialize in helping multinational corporations sue governments.

He said that suits against governments that allegedly violate FTAs would often be settled outside the courts by international arbitration tribunals.

Wednesday, 18 November 2015

MP dares Najib to show how TPP makes M’sia ‘competitive’

by  Sheith Khidhir Bin Abu Bakar     November 18, 2015    Source : Free Malaysia Today 

PETALING JAYA: The prime minister has been challenged by an Opposition MP to show the people exactly how the Trans-Pacific Partnership (TPP) will make Malaysia more competitive than it is now.

Speaking to FMT, Charles Santiago (DAP-Klang) said neither Prime Minister Najib Razak nor International Trade and Industry Minister Mustapa Mohamed had backed their claims of competitiveness with any solid facts.

“They have not backed their claims on why Malaysia would be more competitive. Repeating the word competitive over and over will not make the country competitive,” he said.

Thursday, 12 November 2015

Opposition MPs cry foul over minister’s misleading explanations on TPP medicine patents

November 12, 2015     Source : The Malay Mail Online

PETALING JAYA, Nov 12 — Opposition lawmakers criticised trade minister Datuk Seri Mustapa Mohamed today for apparently misrepresenting the Trans-Pacific Partnership (TPP) agreement on the length of drug patents.

They pointed out that drug patents and data exclusivity were extended to eight years in the Pacific free trade treaty, not five as the international trade and industry minister previously announced.

“So that means our minister, who has signed the agreement, doesn’t know what is in the agreement. This is horrifying,” Klang MP Charles Santiago said today at the PKR headquarters.

TPPA - did minister mislead public on medicine costs?

by Koh Jun Lin     Published 12 Nov 2015    Source : Malaysiakini

Opposition members of the parliamentary caucus on the Trans-Pacific Partnership Agreement (TPPA) have accused International Trade and Investment Minister Mustapa Mohamed of misleading the public on its impact on the cost of medicines.

They said that while Mustapa told the public that Malaysia had only been granted a five-year protection period for clinical trial data, the TPPA actually stipulates two options.

These being that TPPA partners may either provide an eight-year data protection or a five-year protection data accompanied with other measures that would have the same effect as an eight-year data protection period.

Monday, 9 November 2015

TPPA: Who are the winners and losers?

 FMT Reporters   November 9, 2015   Source : Free Malaysia Today 

KLANG: Klang MP Charles Santiago today demanded that Prime Minister Najib Razak explain his statement about the inevitability of some countries losing out in any free trade agreement (FTA).

He was referring to Najib’s recent remark that “there will be winners and losers in the process, but the benefits far outweigh the disadvantages of FTAs.”

Speaking at a press conference, Santiago said Najib and International Trade and Industry Minister Mustapa Mohamed must pinpoint for the public who would be the winners and losers in the Trans-Pacific Partnership Agreement (TPPA) and explain how the losers would be compensated.

Is TPPA legal, human-rights compliant, asks MP

by Zikri Kamarulzaman     Published 9 Nov 2015    Source : Malaysiakini

A DAP lawmaker wants the Attorney-General's Chambers (AGC) and the Human Rights Commission (Suhakam) to review the Trans-Pacific Partnership Agreement (TPPA).

Klang MP Charles Santiago said this was to ensure that the free trade agreement complied with Malaysian laws.

This is especially for the investor-state dispute settlement (ISDS) chapter, which allows foreign investors to sue governments over public policy.

TPPA language too technical, says Klang MP

by  Sheith Khidhir Bin Abu Bakar   November 9, 2015    Source : Free Malaysia Today
KLANG: Klang MP Charles Santiago has urged the Ministry of International Trade and Industry to translate the contents of the Trans-Pacific Partnership Agreement (TPPA) into layman’s Malay, Tamil and Mandarin.
Speaking at a press conference, Santiago noted that the contents of the agreement had been made available online, but he complained that it had not been translated from English and that it used too much jargon even in its English version for most members of the public to understand.

“First of all not everyone in the country understands English, not even in Parliament,” he said. “But even those who are proficient in English won’t be able to understand this.”