Submitted by crinadmin on
Summary: The Committee warned that Free Trade
Agreements (FTAs) may negatively affect
access to affordable medicines and social
services for the poor. It raised these concerns
as a number of the countries (including Costa
Rica, Ecuador, Nicaragua and the Philippines)
monitored at its 39th Session are either
planning, negotiating or in the process of
ratifying FTAs.
United Nations Children's Committee Warns About FTA Threats to Access to
Affordable Medicines and Social Services for the Poor - June 2005
The UN Committee on the Rights of the Child in recommendations made
public this week warned that Free Trade Agreements (FTAs) may
negatively affect access to affordable medicines and social services for the
poor.
The Committee raised these concerns as a number of the countries
monitored at its 39th Session, from 16 May -3 June 2005, are either
planning, negotiating or in the process of ratifying FTAs. These countries
include Costa Rica, Ecuador, Nicaragua and the Philippines.
The Committee monitors the application of the Convention on the Rights of
the Child – the most widely applicable human rights treaty in the world. All
countries have ratified it, apart from the US and Somalia.
States have an obligation to take into account the best interests of the
child at all levels of decision-making, including trade policy, and are
required to fulfil their obligations under the Convention. These obligations
include access to affordable medicines and health care services, under the
child’s right to health (article 24) and the child’s right to life (article 6).
It is important that civil society encourage States negotiating trade
agreements to take into account their human rights obligations at all times.
Costa Rica and Nicaragua: ratification of US-DR-CAFTA must not
undermine children’s rights
Costa Rica and Nicaragua are countries that have signed, but not yet
ratified, the US - Central American Free Trade Agreement (US-DR-CAFTA).
Other parties to this FTA include the Dominican Republic, El Salvador,
Guatemala and Honduras.
During the consideration of Nicaragua, the Committee raised concerns
about the impact of intellectual property (IP) rules in the FTA on the cost of
medicines and requested that Nicaragua “ensure that the Free Trade
Agreements do not negatively affect the rights of children, e.g. in terms of
access to affordable medicines.”
Regarding Costa Rica, the Committee experts asked whether there had
been an impact assessment of the US-DR CAFTA on the enjoyment of
children’s rights. Costa Rica replied that a national consultation open to all
stakeholders will be organized to assess the impact of the FTA. They
affirmed that if the FTA has no positive effect on social concerns, it will not
be ratified. Costa Rica said that it would provide the Committee with
written information on the results of the impact assessment.
Ecuador: US-Andean FTA negotiations must take into account access to
affordable medicines and social services
Ecuador is negotiating a US-Andean FTA, which includes Peru and
Colombia. The Committee was concerned that proposed IP rules may
undermine the ability of States to ensure access to affordable medicines
and comply with their obligations under human rights law. The Committee
was also concerned that FTAs “may also negatively impact the allocation of
budgets for social services.”
In view of this, the Committee strongly urged Ecuador to “ensure that Free
Trade Agreements do not negatively affect the rights of children, inter alia,
in terms of access to affordable medicines, including generic ones. In this
regard, the Committee reiterates the recommendations made by the
Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.100).”
These recommendations referred to were made in June 2004 by another
UN Committee, urging Ecuador to “conduct an assessment of the effect of
international trade rules on the right to health for all and to make
extensive use of the flexibility clauses permitted in the WTO Agreement on
Trade-related Aspects of Intellectual Property Rights (the TRIPS
Agreement) in order to ensure access to generic medicine and more
broadly the enjoyment of the right to health for everyone in Ecuador.”
The Philippines: any future FTA negotiation must not undermine access
to affordable medicines
The Philippines is negotiating a number of trade agreements and is
planning to negotiate a US-Philippines FTA. If negotiations do take place
with the US, there is a high risk that strict IP rules will be imposed that will
undermine the Filipino government’s ability to ensure access to affordable
medicines.
Taking this into account, the Committee strongly urged the Filipino
government to “make use – in the negotiations of a Free Trade
Agreement – of all the flexibilities reaffirmed by the Doha Declaration and
the mechanisms at its disposal to ensure access to affordable medicines in
particular for the poor and most vulnerable children and their parents.”
***
References to Trade and Human Rights 2005
Committee on the Rights of the Child, 39th Session
Ecuador, Summary Record, CRC/C/SR.1035, 30 May 2005
5. It would be useful to know whether the Government took account of the
urgent need to create favourable conditions for investment in health and
social development when it negotiated free-trade agreements.
Ecuador, Concluding Observations, CRC/C/15/Add.261, 3 June
2005
20. In addition, the Committee is concerned that the Free Trade
Agreements, currently being negotiated, may also negatively impact the
allocation of budgets for social services.
21. The Committee finally recommends that the State party ensure that
Free Trade Agreements do not negatively affect the rights of children, inter
alia, in terms of access to affordable medicines, including generic ones. In
this regard, the Committee reiterates the recommendations made by the
Committee on Economic, Social and Cultural Rights (E/C.12/1/Add.100).
Nicaragua, Concluding Observations, CRC/C/15/Add.264, 3 June
2005
16. In addition, the Committee is concerned that the Free Trade
Agreements, currently under negotiation may negatively impact on the
allocation of budgets for social services.
17. Furthermore, the Committee recommends that the State party ensure
that the Free Trade Agreements do not negatively affect the rights of
children, e.g. in terms of access to affordable medicines, and that – if debt
relief efforts are successful – it invest the saved money for an adequate
implementation of child rights and in other social services.
Philippines, Concluding Observations, CRC/C/15/Add.258, 3 June
2005
58. The Committee finally expresses its concerns at the risk that Free
Trade Agreement currently negotiated with some other countries may
negatively affect the access to affordable medicines.
59. The Committee recommends that the State party:
(f) Make use – in the negotiations of Free Trade Agreement – of all the
flexibilities reaffirmed by the Doha Declaration and the mechanisms at its
disposal to ensure access to affordable medicines in particular for the poor
and most vulnerable children and their parents;
***
For more information, contact:
Davinia Ovett, Programme Officer
3D -> Trade - Human Rights - Equitable Economy
15, Rue des Savoises, CH-1205 Genève, Suisse
Tel: + 41 22 320 21 21; Fax: + 41 22 320 69 48
Email: [email protected]
Website: http://www.3dthree.org
3D -> Trade - Human Rights - Equitable Economy is a non-governmental
organisation which promotes collaboration amongst trade, development
and human rights professionals, to ensure that trade rules are developed
and applied in ways that promote an equitable economy.