Denuncian ante Relator de libertad de expresión de CIDH impactos del TPP en derechos de internet y acceso a la información
Representantes de la Plataforma Chile Mejor Sin TPP se reunieron con el Relator Especial de Libertad de Expresión de la Comisión Interamericana de Derechos Humanos (CIDH), Edison Lanza, quien se encuentra visita oficial (in loco) en Chile, para recabar información sobre distintas realidades vinculadas al ejercicio de este derecho humano.
En la oportunidad, se relevó el secreto con que fue negociado durante años este tratado, conociéndose solo algunos de sus contenidos a través de filtraciones de wikileaks, así como la denegación del mismo por parte del Estado ante solicitudes formales de acceso a la información presentadas por la Plataforma y a requerimientos que formularon diversos parlamentarios. Denunciado, además, que este secreto se extiende ahora a los estudios que el gobierno señala haber realizado para evaluar sus supuestos beneficios.
“Hemos representado ante la Relatoría de Libertad de Expresión el secretismo impuesto no solo a las negociaciones del TPP, sino también el rechazo a la entrega del texto y documentación relevante sobre sus impactos en la salud pública vía ley de transparencia. Secreto que ahora se ha extendido, injustificadamente, a un informe encargado por el gobierno a la Universidad Católica, tras nuestra denuncia de que el Estado no contó con estudios propios para acreditar sus supuestos beneficios antes de firmar el acuerdo. Información que es esencial para generar un debate público serio y transparente, más aún cuando son múltiples los cuestionamientos sobre su impacto en derechos humanos y sus mayores costos para el país que sus posibles beneficios”, señaló Paulina Acevedo, miembro del Observatorio Ciudadano y parte de la secretaria ejecutiva de la Plataforma.
Acevedo, confirmó además “que el relator fue informado sobre el estudio que el Consejo del INDH, máxima instancia de dicha institución, planteó a la DIRECON para medir los impactos del TPP en derechos humanos, entre los cuales se encuentran sin duda el derecho a la salud, a la soberanía alimentaria, a la consulta indígena o a los derechos de internet, entre otros, frente a lo cual el Estado no ha dado señales de estar trabajando no obstante sus obligaciones internacionales con estos derechos. Un estudio, que debe estar disponible antes de su ingreso al Congreso por parte del gobierno”, señaló.
En cuanto a los efectos en internet, Pablo Viollier, de Derechos Digitales y miembro de la Plataforma planteó que “hemos hecho saber al relator nuestra preocupación por la ratificación por parte de Chile del TPP, debido a que éste contiene normas similares para la bajada de contenidos de Internet a la de la DMCA Estadounidense. El TPP puede permitir que Estados Unidos nos siga presionando para implementar un sistema similar al de ellos, que puede llevar a la bajada masiva de contenidos en internet y, por otro lado, utilizar el derecho de autor como una excusa para una censura política. Hasta el día de hoy, con la implementación del TLC con Estados Unidos, Chile mantenía un sistema que, hasta cierto punto, garantiza el debido proceso, exigiendo una orden judicial para poder bajar contenidos de internet, pero creemos que esto con el TPP peligra, pues se podría eliminar ese proceso y establecer un sistema desproporcionado y desequilibrado».
Por otra parte, «en términos de propiedad intelectual se consagra la medida de los candados digitales y se persigue infracciones menores a la propiedad intelectual, lo cual es sumamente complejo. Nosotros le solicitamos al Ministerio de Relaciones Exteriores que nos hiciera llegar todos los informes y documentos con los cuales ellos basaron sus posiciones, lo que hasta ahora no se ha realizado. Nos dijeron que los informes se iban a presentar en el momento en que se ingresara el proyecto de Ley. Nosotros creemos que esta discusión debe ser de cara a la sociedad y que ya es tarde porque debería haber sido antes que fuese firmado, por eso decimos que el TPP tiene un pecado de origen», finalizó.
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