By John Saxe - Fernández
Americas Program Original Translation
Diego Valadés, of the Institute of Legal Research of the
UNAM, warned the Senate about the risk involved in opening Pemex when Mexico is
part of NAFTA and could be forced to give preferential contracts to companies (U.S.),
or risk involvement in an international controversy if they refuse. The matter
takes on unusual importance and urgency if we consider that since October 2012
Mexico has been negotiating their participation in the Trans-Pacifc Partnership Agreement
(TPP) which, according to leaked documents, grants rights and privileges to
corporations in investment, land, natural resources, and industries in order to
disable state enterprises, with the intention to reverse the vast and dynamic geo-economic
and political projection of the Chinese state sector.
The notion of renegotiating the Mexico’s petro-electric
clause in NAFTA protected by Articles 27 and 28 of the Constitution, had been
placed in Peña Nieto’s agenda by John D. Negroponte ( JDN ), U.S. ambassador
during the negotiation of NAFTA and former director of the National
Intelligence Council , governing body of imperial espionage . In October 2010
Negroponte said from Toluca that it was time to seek new ways of working
through the negotiation of a second phase (NAFTA) and that the... delicate
matter ... needed to be put on the table. He was referring to the energy sector,
a key card in the presidential succession processes for plundering the nation.
EPN came to Los Pinos at the culmination of the intentional weakening of Pemex started in 1983, so that by the end of 2011 and to the delight of the White House
and the greats (ExxonMobil, Chevron, etc.) during their U.S. tour, offered to
open the energy sector, endorsing U.S. business design and national security.
JDN knew that negotiations were underway for the TPP, which
includes the EU - the member with the most powerful and largest number of corporations
- Australia, Brunei, Canada, Chile, South Korea, Japan, Malaysia, Mexico, New
Zealand, Peru, Singapore and Vietnam. Mexico knew that this was precisely the
second phase of NAFTA and once it clears constitutional obstacles, the control
of oil and business will fall like ripe fruit into the hands of the greats,
thanks to TPP. Qualified as a NAFTA Plus, critics call it a NAFTA on steroids
for his chapter on investment.
Despite the secrecy there are known drafts obtained by
Public Citizen and analyzed by Lori Wallach (review of TPP ) confirming that TPP enhances the powers of corporations with the authority assigned to nations
and contains 29 chapters of which only five are about trade . The text is
developed by the U.S. government with 600 corporate directors , including
Monsanto , Bank of America , Chevron , ExxonMobil , in addition to Halliburton,
the leading provider of hydraulic fracturing or fracking that devastates human
and animal health, the environment and atmosphere to extract oil and gas
shales. They also advise on environmental regulation of state enterprises, capital
flows, new prerogatives in terms of investments, derivatives, permits, public
health and safety, Internet, drug costs, patents and intellectual property and
international courts the type managed by the World Bank, MIGA, etc., but less
transparent as it will consist of three judges, lawyers of three of the
signatories of TPP, depending on the judge and / or part as appropriate.
The TPP enables direct investors to sue governments for
unlimited compensation against environmental, labor, and consumer protection laws
that in its discretion limit their ability to make profits. So far, according
to UNCTAD, ExxonMobil and Dow Chemical have released more than 450 lawsuits against
89 governments, with tens of billions of dollars at stake. From a sample of 675
million dollars, 70 percent were in favor of oil and mining.
TPP limits state capacity to regulate foreign investment,
including land acquisition and control of natural resources, giving priority to
investment banks like Citigroup and Morgan Stanley. These courts will be in
charge of contracts between governments and foreign investors (textual) in
relation to natural resources controlled by a national authority , such as
exploration, extraction, refining , transportation , distribution or sale, or
provision of public services ... as well as the generation and distribution of
electricity, water or telecommunications management , or the development of
infrastructure projects: construction of roads, bridges, canals , dams ,
pipelines , that will not be for the exclusive or predominant use of the government.
Valadés Diego reassured that touching the 27 and 28 clauses of
the Constitution will unleash the lions lions.
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