Chapter 3 - Report of the Research and Policy Development Group • The Commission should recommend that the Government excludes the Trade-related Aspects of Intellectual Property Rights+ provisions and the Intellectual Property chapter in the Agreements. • The Commission should continue to engage the relevant stakeholders. (b) Consultative Meeting with MITI The Commission raised the NGOs’ concerns at a consultative meeting organised by MITI on 22 March.3 It was chaired by the MITI secretary-general, Datuk Dr Rebecca Sta Maria, and saw discussion of several issues. (i) Consultation with stakeholders It was disclosed that, except for the Members of Parliament, MITI had already engaged various stakeholders including NGOs during the FTA negotiations. It was impressed upon the NGOs that their concerns were being heard and would be given due consideration. The Commission pointed out that there should be more meaningful consultations, as NGOs have expressed concern repeatedly because of the lack of communications and information. The Commission stressed that consultations should not merely be briefing sessions. (ii) Human rights It was pointed out that previous agreements had dealt solely with trade matters. This is the first time that non-trade elements are being brought into negotiations. MITI replied that the Malaysia-EU FTA even has provisions on animal welfare. As such, human rights will be given paramount consideration. With regard to labour issues, MITI sought the Commission’s advice as to whether Malaysia should sign and ratify three International Labour Organisation (ILO) conventions – Abolition of Forced Labour 1930; Freedom of Association and Protection of the Right to Organise 1948; and Discrimination (Employment and Occupation) 1958.4 A MITI representative further suggested that the Commission should take a balanced approach in defining human rights and should consider the interests of consumers as well. (iii) Request for text related to the FTA The Commission requested a copy of a study by the United Nations Development Programme (UNDP)5 and the text of the FTA. However, it was informed that MITI was unable to provide the FTA text, as a confidentiality agreement had been signed by the negotiating countries. MITI said it could only provide updates on the progress of negotiations. 3 4 5 92 The Meeting was called consequent to a media report on the submission of the memorandum by MTUC and MTAAG+. On 3 July, the Commission submitted its views to MITI on the three ILO Conventions. On 2 April, the Commission wrote to MITI requesting a copy of the UNDP report. While MITI was unable to provide the report on the ground of confidentiality, it allowed the Commission’s representatives to view the contents at its office.

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