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Declaración pública Plataforma Chile Mejor Sin TLC: Rechazamos el TPP-11

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La Plataforma Ciudadana Chile Mejor SIN TLC, conformada por distintas organizaciones, movimientos y personalidades, rechaza el proyecto el proyecto del Acuerdo integral y Progresista de Asociación transpacífico (CPTPP por su sigla en inglés), un tratado de libre comercio negociado a espaldas de la ciudadanía, de los pueblos indígenas y del Parlamento. Chile ya cuenta con acuerdos comerciales con todos los países miembros de este nuevo pacto, por lo tanto, el CPTPP generaría nulos o mínimos beneficios comerciales e impondría nuevas normas y regulaciones que restringirían la posibilidad de decidir soberanamente las políticas que se implementen en el país.

Como es sabido, durante la negociación y votación de este acuerdo no se realizaron los estudios previos de evaluación de los impactos ambientales y sociales del TPP-11, tampoco se realizó la consulta indígena, que de acuerdo al convenio 169 de la OIT debe hacerse cada vez que concurre un proceso legislativo susceptible de afectar derechos de los pueblos indígenas.

Este es un tratado que en realidad no se refiere al comercio sino establece garantías para los inversores, es decir las corporaciones transnacionales que buscan asegurar y aumentar sus ganancias. Entre estas corporaciones están la industria farmacéutica, las corporaciones informáticas, de energía, las mineras, forestales, la agroindustria y otras que pretenden obtener por esta vía lo que no logran a través del congreso ni en tribunales.

El gobierno pretende hacernos creer que este tratado es diferente al TPP inicial. Sin embargo, sus 30 capítulos de más de 600 páginas están plenamente vigentes, las 20 disposiciones “suspendidas” por la salida de Estados Unidos pueden ser repuestas posteriormente en un trámite parlamentario de más fácil despacho, no comparable con la discusión de un tratado completo.

El tratado no admite nuevos anexos ni excepciones ni observaciones y vulnera la soberanía nacional, al establecer una suerte de gobierno corporativo transnacional que supervigilará nuestras leyes y políticas públicas, con el pretexto de generar “coherencia regulatoria”.

Cambios en el ámbito de la alimentación

El tratado impactará el acceso a las semillas y alimentos sanos, generando alzas en sus precios y escasez. El TPP-11 sigue exigiendo la ratificación del convenio UPOV 91 el cual en Chile no ha sido implementado. Esto implica reflotar la Ley Monsanto de privatización de la semilla, requisito para implementar esa ratificación. La privatización de la semilla pone en riesgo la agricultura familiar campesina y la biodiversidad. Criminaliza las costumbres de los pueblos originarios sobre el libre intercambio, reproducción y conservación de las semillas, en favor de las grandes empresas transnacionales de la biotecnología. Así se generan condiciones para aumentar la migración rural y asegurar la expansión de los cultivos transgénicos y las plantaciones forestales, con su paquete tecnológico de agrotóxicos, afectando gravemente la salud de las personas, y contaminando los alimentos y el agua, así como los ecosistemas.

Salud

Entre las medidas provisoriamente suspendidas pero que pueden ser repuestas en breve están las que afectan a quienes padecen enfermedades catastróficas o raras. Los enfermos de cáncer y personas viviendo con VIH tendrán más dificultades para contar con remedios, y la viabilidad de las farmacias populares estará en riesgo por el alza de precio de los medicamentos. El Gobierno chileno oculta al Parlamento y al país que el tratado expande de 5 a 8 años la duración de las patentes de los medicamentos biológicos, usados para las enfermedades catastróficas. El impacto es muy grave dado que el 26% del presupuesto público en remedios se destina a la compra de estos medicamentos. Se permiten además “segundos usos” para revalidar patentes, lo cual hasta ahora no ocurría. La directora de la Organización Mundial de la Salud, Margaret Chang ha declarado que el TPP cierra las puertas a los medicamentos accesibles para la población.

Internet

Asimismo, el TPP-11 extiende la duración del derecho de autor (propiedad intelectual) a 70 años, impidiendo que se utilicen en beneficio de nuevas creaciones culturales a partir de esas obras. Y entre las disposiciones suspendidas que luego pueden ser repuestas, está    considerar delito la descarga libre de información de internet  o el colgarse de señales satelitales. Los proveedores estarán obligados a identificar en tribunales a quienes eludan las llamadas “medidas tecnológicas de protección”, que son los obstáculos digitales impuestos por las empresas. Esto impide además el acceso a información de investigadores independientes o de innovadores respecto de productos de las transnacionales, ya que siempre estos productos tienen protección intelectual.

Candado a los cambios

Este tratado sería un candado para las luchas sociales orientadas a generar cambios de fondo que podrán ser considerados “obstáculos al comercio” por el tratado. El Estado chileno ya ha pagado US$15,8 millones por concepto de indemnizaciones a inversionistas extranjeros (por los dos casos que perdió). Por ejemplo, una nueva constitución que permita recuperar los derechos arrebatados en materia de previsión social y el derecho humano al agua tendría nuevas trabas al afectar las ganancias de los inversores en esos negocios. Existe un mecanismo del Tratado sobre resolución de controversias Inversor-Estado a través del cual se demanda al país cuando los inversores estiman que no están garantizadas sus “expectativas razonables de ganancia”. Los paneles arbitrales internacionales establecidos en el tratado no cumplen ninguna de las normas del debido proceso y funcionan fuera del país, con costos millonarios. El Estado no puede demandar a las empresas pues funciona en un solo sentido, y en la mayoría de los casos –como por ejemplo Chevron, Ecuador, los Estados pierden las demandas.

Las disposiciones del tratado dan garantías a los de siempre: las transnacionales de las industrias extractivistas de la minería, energía y agroindustria que han agotado los recursos naturales y son los responsables de la existencia de comunidades sin agua y zonas de sacrificio. Además de proteger la inversión en minería, que tiene un alto impacto ambiental, el Gobierno se ufana de que el tratado permitirá el aumento de la producción industrial de carne para exportación, una actividad que deteriora en forma insoportable la calidad de vida y salud de las comunidades donde se instalan las plantas faenadoras, como ya se vio en Freirina y actualmente en la región del Maule y la Metropolitana (Melipilla) entre otras. Los impactos de la agroindustria y las semilleras de transgénicos serán más graves por el reciente proyecto de expansión de la planta de Monsanto en Paine. Este tipo de actividades extractivas dañan la agricultura y restringen o contaminan gravemente el agua para el consumo humano.

Finalmente, este tratado debió ser consultado de manera previa, libre e informada a los pueblos indígenas del país. El convenio 169 suscrito el año 2008 establece que cualquier proyecto o tratado que prevea medidas administrativas o legislativas susceptibles de afectar a los pueblos indígenas directamente, debe contar con un proceso previo de consulta.

Por lo dicho, desde la sociedad civil, tenemos la convicción de que la ratificación de la firma del TPP-11 profundizaría la sistemática vulneración de los derechos económicos, sociales, culturales y ambientales como lo han hecho todos los tratados de libre comercio firmados por parte de nuestro país durante las últimas décadas. Este tipo de tratados no consideran, ni garantizan, el respeto y el ejercicio de los derechos humanos, pero además profundizan las desigualdades y la insustentabilidad ambiental en los territorios.

En suma, demandamos la suspensión de la votación sobre el Proyecto de Ley que Aprueba el Tratado Integral y Progresista de Asociación Transpacífico entre Australia, Brunéi Darussalam, Canadá, los Estados Unidos Mexicanos, Japón, Malasia, Nueva Zelanda, la República de Chile, la República del Perú, la República de Singapur y la República Socialista de Vietnam (Boletín 12195-10) en la próxima sesión del congreso del día 13 de marzo, hasta que, por lo menos se realicen los estudios de impacto ambiental y social adecuados y la requerida consulta indígena.

 

Plataforma Chile Mejor Sin TLC
12 marzo 2019

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  • Estimados y estimadas legisladores(as).
    Como cuidadano común, solicito a ustedes, en su calidad representantes del país en materia de legislación, que voten en contra del tratado internacional TPP-11, ya que según mi parecer es completamente perjudicial en materia de soberanía política, legislativa, económica, social y cultural de nuestro país.
    No deseo, para no extenderme demasiado en este mensaje, señalar punto por punto mis recelos a este proyecto, ya que confío en sus virtudes intelectuales y morales para ejercer el cargo que tienen, que se relaciona con el bienestar de TODOS los ciudadanos chilenos y no con interéses de grupos minoritarios poderosos a nivel mundial.
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    Espera tomen en consideración este correo y voten a conciencia sobre un tratado que a todas luces estanca el crecimiento y la vida próspera de nuestra nación.

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