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    Affordable drugs and Jpepa

    So, it has come to this. The two most talked about issues on the nation’s table right now, that is, aside from the final results of the May 14 elections, are drugs and Japanese waste.

    Drugs, in this case cheap or affordable ones, has slowly but surely brought the entire nation not to mention the national leadership, from President Arroyo to the warring leaders of political parties including the Left, together for once. Ranged against this highly potent coalition for affordable drugs are the affiliates of the global pharmaceutical industry who have been lording over the huge US$2-billion (and counting) Philippine drug market for years on end.

    After successfully blocking the passage of a real, honest-to-goodness cheap drugs law, as the Indian inspired, multi-party sponsored bill has come to be called, the multinational pharma companies working under the PHAP umbrella are now caught staring at a bill that not only mandates the importation of cheap medicines and their local manufacture, as and when required, but the mandatory carrying of such medicines by the drugstore chains and, most importantly, the regulation of the prices of such products.

    What was initially looked at, at least, by the multinationals as a token initiative to salve the compounded hurts of almost every Filipino laboring under a regime of high, if not arbitrarily priced medicines, has taken a life of its own. And, by all accounts, if the House version is going to be adopted, a landmark law meant to put an end to such a vicious and deadly regimen.

    We are told that three days ago the bill’s principal sponsors in the House of Representatives—Reps. Ferjenel Biron, Junie Cua, Rolex Suplico and Teodoro Locsin Jr.—finally succeeded in convincing their Senate counterpart, Sen. Mar “Mr. Palengke” Roxas, to adopt their version with minor amendments.

    That should fast track the bill’s passage through both chambers in the remaining days of the Thirteenth Congress and provide a fitting backdrop to the 100th anniversary of the Philippine Congress come June 7. That should also be a fitting sendoff to those members who are bowing out after three terms and those who unsuccessfully defended their seats.

    In a very real sense, it is also this Congress’s way of welcoming the next one, the Fourteenth, which this early is definitely going to navigate tricky and perilous waters in the runup to the next elections in 2010.

    Judging from the results of the elections, thus far, the incoming Congress will have to do more than the usual if it expects to regain its footing and the public’s esteem. It is clear that the public will no longer put up with token results, arrangements and/or practices. Tama na. The nation’s business has to be attended to and the public will not countenance anymore malingering, nonsensical or divisive operations from either side of the divide. We will know for sure whether that will really be the case anytime soon with this drugs bill and, of course, the Jpepa.

    The Jpepa is, of course, the Japan-Philippine Economic Partnership Agreement, which was signed, finally, by the foreign ministers of the two countries in Tokyo during the recent visit of President Arroyo.

    The controversial agreement which was initially discussed in 2003 will have to go to the Philippine Senate for ratification before it gains any kind of traction. But this early we are assured by no less than Foreign Affairs Secretary Bert Romulo that the same will probably meet little or no opposition, if at all, since the Japanese government has declared that it will not activate the provision allowing it to export unwanted or even toxic waste into the Philippines.

    This provision has been at the center of agitated debate since it was first brought to light late last year. Romulo points to the diplomatic note accompanying the signed agreement as his authority for such an assertion.

    The note reads in part: “…Japan would not be exporting toxic waste to the Philippines, as defined and prohibited under the laws of the Philippines and Japan, in accordance with the Basel Convention….”

    If indeed this is the note appended to the Jpepa then that should pretty much assuage the fears of most environmentalists and the public at large all of whom were appalled by the pronouncements of Trade Secretary Peter Favila sometime back justifying the inclusion of the “…export of toxic and unwanted wastes” in the agreement in the first place.

    Favila noted then that the same was just a ploy to balance (I believe this was the word used) the listing of exportable products which the signatories were supposed to accept under the arrangement.

    Well, I just hope Favila will not insist on that kind of sleight-of-hand justifications anymore now that the diplomatic note clearly states the correct and responsible position for both countries.

    The question that continues to bug a number of critics, though, is this: if the intention is really such that no “toxic or unwanted waste” was to be exported by Japan to the Philippines under any and all circumstances, why did the parties not simply amend the original provision in the agreement to state so? Why resort to an appended diplomatic note?

    It may be a stretch to insist that this again is at play. But then again we have had bitter experiences where we found ourselves at the receiving end of the bargain.

    Even now many analysts continue to be wary of the rules governing the Japanese ODA program and the terms of engagement of many projects funded by Japanese money. They insist that based on record the so-called ODA rules have been such that we end up paying double the internationally accepted price the goods and services procured from Japan to the point that the program has been dubbed “procurement of Japanese goods and employment of Japanese consultants” certification program.

    It is “make work at the expense of the donee country” more than anything else as far as the critics are concerned. But that is what ODA’s are all about, ’di ba? In any event, we will just have to take another look at the Jpepa and scrutinize it as thoroughly as can be to ensure that the pluses and the minuses get balanced off somehow in its implementation and, yes, its interpretation.  

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