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Adrián Ondrovič: Tichomorská dohoda o voľnom obchode

Často u nás počuť o pripravovanej zóne voľného obchodu medzi USA a EÚ. O historickej dôležitosti takejto dohody nás uisťujú politickí predstavitelia a ekonomickí komentátori na oboch stranách Atlantiku. Niet teda pochýb, že to bude tá najlepšia vec od vynájdenia zmrzliny. O tom, aká tá zmrzlina bude a komu bude najlepšie chutiť, zatiaľ nič nevieme, ale môžeme si vytvoriť určitú predstavu na základe v tomto čase na opačnom konci zemegule finalizovanej Tichomorskej dohody o voľnom obchode (Trans-Pacific Partnership, TPP).

TPP sa vyjednáva od roku 2008. Jej základom bola medzinárodná dohoda o voľnom obchode medzi tromi krajinami Tichomoria – Čile, Novým Zélandom a Singapurom. V spomínanom roku ohlásila vláda USA začiatok vyjednávania a zapojili sa aj ďalšie krajiny. V súčasnosti o TPP vyjednáva 12 krajín – Austrália, Brunej, Čile, Japonsko, Kanada, Malajzia, Mexiko, Nový Zéland, Peru, Singapur, Vietnam a USA. Svojím geografickým a ekonomickým pokrytím je to veľmi ambiciózna dohoda, najväčšia od založenia Svetovej obchodnej organizácie (WTO)[1]. Zúčastnené krajiny majú spolu takmer 800 mil. obyvateľov, ich obchod predstavuje cca. jednu tretinu svetového obchodu a takmer 40 % globálnej ekonomiky[2].

Vláda USA, hlavný vyjednávač a propagátor dohody, ohlásila, že by chcela vyjednávania ukončiť do konca roku 2013 a odštartovať ratifikačný proces[3]. Pre protesty niektorých krajín v niektorých negociovaných kapitolách sa pravdepodobne tento cieľ nedosiahne.

Dohoda sa vyjednáva na vládnej úrovni. Jej navrhované znenie je však prísne tajné a to dokonca tak, že ani členovia zákonodarných zborov k nej nemajú prístup. Napriek tomu však podstatné časti textu prenikli na verejnosť. Jej pripomienkovanie je naopak sprístupnené približne 600 zástupcom tých najväčších nadnárodných korporácií, ako napríklad Halliburton, Monsanto, Wal-Mart, Chevron, JPMorgan Chase, Bank of America, PHRMA, Comcast, Motion Picture Association of America (Walt Disney Studios, Sony Pictures Entertainment, Paramount Pictures, 20th Century Fox, Universal Studios, Warner Bros.), a mnohých ďalších.

Už samotný proces vyjednávania vyvolal veľké znepokojenie. Po tom, ako unikli na verejnosť podstatné časti navrhovaného textu, začala sa valiť silná kritika zo strany politickej garnitúry, odborov a občianskych organizácií. Člen kongresu USA Keith Ellison za štát Minnesota, demokrat, opísal TPP ako „najväčšie uchmatnutie moci korporáciami, o akom ste ešte nikdy nepočuli“[5]. Najväčší odborový zväz v USA, American Federation of Labor and Congress of Industrial Organizations s viac ako 12 miliónmi členov, označil  dohodu ako „nasiaknutú globálnou korporátnou agendou s požiadavkami na dereguláciu, privatizáciu, daňové úľavy a ďalšie finančné výhody pre veľký biznis, pričom útočí na sociálne zákony v mene flexibility pracovného trhu“[6]. Silná kritika prišla aj od mimovládnych organizácií ako napríklad Public Citizen, Hnutie Occupy, Friends of the Earth, Médecins Sans Frontiéres a ďalších. Lori Wallach, prezidentka organizácie Public Citizen Trade Watch, nazvala TPP „korporátnym Trójskym koňom“[7].

Z celkového počtu 29 kapitol je len 5 takých, ktoré sa priamo dotýkajú obchodu. Ostatné sa týkajú tzv. pravidiel. Pravidiel v pracovnom práve, ochrane životného prostredia, duševného vlastníctva, ochrany verejného zdravia atď. Dohoda tiež zavádza nové práva pre nadnárodné korporácie.

Pokiaľ dohoda vstúpi do platnosti v súčasnom znení, nebudú môcť zúčastnené krajiny označovať potraviny obsahujúce GMO (hlavným vyjednávačom za USA pre oblasť poľnohospodárstva je Islam A. Siddiqui, bývalý lobista firmy Monsanto). Kapitola o ochrane duševného vlastníctva by podstatne obmedzila schopnosť jednotlivých štátov vyrábať generické liečivá. Proti tomuto veľmi hlasno protestujú aj Lekári bez hraníc[8]. Trestnými činmi sa podľa tejto kapitoly stane aj ukladanie zaplateného online videa do vlastného počítača (úplné znenie tejto kapitoly zverejnili Wikileaks). Nadnárodné korporácie získavajú právo prístupu k prírodným zdrojom v akejkoľvek z krajín dohody. Krajiny nebudú môcť pri verejných obstarávaniach preferovať domáce firmy. Napadnuteľnými sa stávajú environmentálne normy, pracovno-právne zákony, zákony o ochrane zdravia. Akékoľvek právne normy, ktoré ohrozia budúce zisky, sú napadnuteľné a korporácie majú právo žalovať štáty a miestne samosprávy o náhradu škody. Táto kategória „budúce potenciálne zisky“ je obzvlášť zaujímavá.

Príkladov, ako TPP zasiahne do každodenného života, je mnoho. Môžeme očakávať, že niečo podobné pripravia vyjednávači aj pre občanov EÚ a USA v prípade pripravovanej transatlantickej dohody o voľnom obchode.

Vyjednávania o TPP (a aj o dohode o voľnom obchode medzi USA a EÚ) sa javia ako vyjednávania politických reprezentácií zúčastnených krajín, ktoré sa snažia každá pre seba získať najvýhodnejšie podmienky. Tento pohľad však nie je úplne presný. Politické reprezentácie pri týchto vyjednávaniach reprezentujú predovšetkým záujmy svojich domácich korporácií. Záujmy verejnosti sú reprezentované vo veľmi obmedzenej miere. TPP preto bude mať rovnakých víťazov a rovnakých porazených vo všetkých zúčastnených krajinách. A už teraz sa dá pomerne presne tušiť, kto nimi bude.

Rast vplyvu nadnárodných korporácií v posledných desaťročiach dosiahol bezprecedentných rozmerov. A to aj vďaka dohodám typu TPP. Mnohé korporácie presahujú svojou veľkosťou malé i stredne veľké štáty. Ekonomická moc sa vždy transformuje do politickej moci a preto nemôže byť pre nikoho prekvapením, že sa pri ich súčasných rozmeroch snažia o nastolenie celosvetových pravidiel odpovedajúcim ich záujmom. V našich podmienkach vidíme, ako firmy ako Penta či J&T dokážu fundamentálne ovplyvňovať zákony a život na Slovensku. A pritom ich veľkosť v porovnaní s nadnárodnými korporáciami je zanedbateľná.

Inštitúcia korporácie je spoločenský konštrukt a ako ukazuje história posledných dvoch storočí, je to inštitúcia, ktorá je zadefinovaná tak, že snaha o napĺňanie jej cieľov vedie zákonite k protispoločenským aktivitám. V zásade platí, že čím väčšia korporácia, tým horšie dopady na spoločnosť. Moderná korporácia je vo svojej podstate totalitárna inštitúcia pripomínajúca svojou štruktúrou absolutistické monarchie. Ponúka sa otázka, či by sa spoločnosť nemala zbaviť aj tohto konštruktu tak, ako sa zbavila absolutistických monarchií a opustiť tento koncept ekonomickej aktivity.

Autor pracuje v súkromnom sektore a postgraduálne študuje ekonómiu.

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Komentáre (42)

  • Monitorist 24.12.2013 9:43

    Dobre spracovana tema, ktora je v suvislosti s pripravou zmluvy o Transantlantickom obchodnom a investicnom partnerstve medzi EU a USA velmi aktualna aj pre nas. Nehovoriac o tom, ze s jej pripravou sa robia rovnake tajnosti. O hroziacich negativach napisal v denniku Guardian George Monbiot – viac na portali Blisty 5.11.2013 (http://blisty.cz/art/70871.html). O skusenostiach a katastrofalnych dopadoch podobnej a uz roky existujucej zmluvy NAFTA najma na hospodarstvo Mexika pise Ilona Svihlikova na portali Blisty v clanku dna 22.12.2013 (Dvacet let Severoamericke zony volneho obchodu: pouceni z krizoveho vyvoje?). Podobnost s hosp. vyvojom na Slovensku za posledne roky je zrejme ciste nahodna …
    Po precitani informacii o vsetkych troch zmluvach clovek zasne nad “naivitou”, s ktorou nam opisuju sefovia EU nasu buducnost.

  • Vilo 26.12.2013 7:11

    Ten záver je na tom celom najpravdivejší!!! Áno, absolutizmus sa vracia. Áno, korporácie dnes likvidujú vydobytky reformácie, na ktorých vyrástli USA. Áno, je čas novej reformácie, kým sa na svete znova nepresadí to najodpornejšie, čo so sebou nesie systém prirodzeného práva – Kastovnú spoločnosť! A tak ako pred 400 rokmi hugenotov, aj dnes utopí brutálna moc novodobých reformátorov v krvi. Je len otázne, či sa na zemi nájde miesto, kde by mohli začať znova budovať spoločnosť morálneho práva. Spoločnosť, kde sa ľudia môžu slobodne združovať bez ohľadu na jestvujúce hranice a rozhodnúť , v akej spoločnosti chcú žiť s vedomím následkov, ktoré toto rozhodnutie zo sebou nesie!

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