Well-respected constitutionalists, jurists and other legal experts, and environmentalists consider the JPEPA as undeniably flawed. They say it is really a partnership between un-equals and a repressive agreement that sacrifices the long-term economic development of our country, the health, the environment, the dignity and sovereignty of the Filipino people.

They have also belied the oft-repeated mantra of the Arroyo administration that the Philippines will "miss the boat" and be left behind by our Asian neighbors, if the JPEPA will not be ratified by the Senate.

"This is deceitful," they said. "The truth is that the reservations made by the Philippine negotiators are limited and incomplete as compared to the extensive reservations made by Malaysia, Thailand and Korea in their investment agreements with Japan." Compared to JPEPA, they pointed out that Japan’s reservations are extensive, covering reservations on national treatment, most-favored nation, and performance requirements.

This is just one of the many flaws in the JPEPA that they have cited in a detailed study of the controversial pact that was negotiated in secrecy by Gloria Arroyo’s administration’s trade and economic officials in violation of the Philippine Constitution. Here are some salient excerpts from that study:

Contrary to the Arroyo adminis-tration’s claim, they said, JPEPA will not spur economic growth and alleviate poverty. It contains lopsided provisions which favor only the Japanese. It eliminates performance requirements for them ostensibly to bring in more Japanese investments.

In terms of market access, JPEPA is clearly in favor of Japanese agricultural and industrial products. While the Philippines will eliminate all tariffs on such products, except for rice and salt, Japan will exclude tariffs on fish and marine products, vegetables, fruits, seaweed sugar and related products, and even footwear.

Also contrary to another Arroyo administration’s claim that JPEPA will facilitate entry of key Philippine exports into the Japanese market, items that we produce and can potentially export to Japan are specially excluded from JPEPA.

Under JPEPA, the Philippines will remain an importer of industrial products instead of developing these products ourselves. This will lead to closure of local businesses, especially micro, small and medium scale enterprises, and consequently the displacement of millions of Filipino workers.

JPEPA will allow unhampered access of Japanese commercial fishing industry in Philippine waters which could very well result in the depletion of our marine resources.

Contrary to the rosy picture painted by the Arroyo administration, JPEPA is disadvantageous to OFWs because it lacks legal standards for the promotion of migrant workers’ rights that are embodied in the International Convention for the Protection of Rights of Migrant Workers and Members of their Families.

The JPEPA also imposes extremely harsh requirements for the entry and employment of Filipino nurses and caregivers to Japan. They will be required to undergo six months training under supervision of a Japanese nurse before they can start work as nursing aides; they will have to work as nursing aides for three years (four years for caregivers) before they can take the Japanese licensure exams in written or spoken Nihongo.

The Philippine Nurses Association (PNA) is greatly critical of JPEPA because it suspects that Filipino nurses and caregivers will be treated as second class professionals in Japan. And even the Japanese Nursing Association (JNA) has issued an official statement that there is no shortage of nurses in Japan.

The JPEPA violates the constitutional policy of promoting and providing a healthy ecology to Filipinos and compromises the health and welfare of present and future generations because it encourages the entry and dumping of toxic wastes from Japan into our country.

The JPEPA is but the first in a long line of free trade and economic partnership agreements currently being negotiated by the Philippines. Should the Senate ratify the JPEPA in its current form, other countries will demand nothing less than the concessions we give to Japan. If we have already given up so much, what else will be left for the Philippines?