Pia: 'Side note' does not solve toxic issues surrounding JPEPA
It's still a 'No Deal.'

Senator Pia S. Cayetano today questioned the legal significance of the "side note" exchanged between Japan and Philippine foreign affairs officials that supposedly committed Japan to respect local laws prohibiting the entry of toxic and hazardous wastes into the country.

Cayetano said the exchange of notes three months ago was a welcome development, but cannot put to rest apprehensions over the environmental impact of the controversial Japan-Philippines Economic Partnership Agreement (JPEPA).

The lady senator made the statement in reaction to suggestions that the side not already puts to rest environmental issues related to JPEPA.

She has doubts whether a mere side note was enough to amend the agreement's controversial provisions that could allow the entry of hazardous wastes from Japan.

"Is it the proper procedure to amend a bilateral agreement through a mere exchange of diplomatic notes?" she asked. "That needs to be clarified."

"I think it's premature to conclude that the side note already puts a closure to the toxic waste issue, even as the Senate has yet to fully deliberate on the other portions of the agreement," added Cayetano, a lawyer.

She said a more definite and legally binding commitment would be for both governments to ratify the Basel Ban Amendment, which prohibits the movement of toxic waste from rich to poor countries in the guise of recycling.

"Ratifying the Basel Ban Amendment would provide greater protection to the Philippines from becoming a dumping ground for toxic wastes, not only from Japan, but also from other industrial countries," she stressed.

The Basel Convention restricts the movement of toxic waste from industrialized to poor countries, but the Basel Ban Amendment plugs the former's loopholes by prohibiting toxic trade for any other purpose, including reuse and recycling.

The Philippines and Japan are both signatories to the Basel Convention, but have yet to ratify the Basel Ban Amendment.