PHA-Exchange> FREE TRADE AGREEMENTS, SOUTHERN AFRICA AND ACCESS TO HEALTH SERVICES

[Claudio]

From: "Patrick Burnett/Fahamu" <patrick at fahamu.org.za>
<EQUINET-Newsletter at equinetafrica.org>

FREE TRADE AGREEMENTS, SOUTHERN AFRICA AND ACCESS TO HEALTH SERVICES
(excerpt)

On 4 November 2002, United States Trade Representative (USTR) Robert
Zoellick formally notified US Congressional leaders of President Bush's
intention to initiate negotiations for a free trade agreement (FTA) with the
Southern African Customs Union (SACU), which includes Botswana, Lesotho,
Namibia, South Africa and Swaziland. These negotiations are now underway,
with the next round scheduled for 23 February 2004 in Namibia. As far as we
are able to ascertain, the negotiators plan to conclude their discussions in
or around October 2004, with a US-SACU FTA being signed before the end of
the year.

The Treatment Action Campaign (TAC) and the AIDS Law Project (ALP) believe
that trade between nations, when conducted within the framework of a
reasonable and fair set of rules that adheres to the triple-bottom line of
environmental, social and commercial sustainability has the potential to act
as a tool for attaining developmental priorities. Our support for the
ongoing negotiations would therefore be predicated on the agreement strictly
adhering to these principles. Yet the US position, as clarified in Mr
Zoellick's correspondence with Congress, raises cause for concern.

In his letters to the Speaker of the House of Representatives and the
President of the Senate, Mr Zoellick set out reasons for entering into such
negotiations, as well as the USTR's "specific objectives for negotiations
with the SACU countries". In particular, Mr Zoellick raises the following US
objectives:

"We plan to use our negotiations with the SACU countries to address barriers
in these countries to U.S. exports - including high tariffs on certain
goods, overly restrictive licensing measures, inadequate protection of
intellectual property rights, and restrictions the SACU governments impose
that make it difficult for our services firms to do business in these
markets. We also see the negotiations as an opportunity to advance U.S.
objectives for the multilateral negotiations currently underway in the World
Trade Organisation (WTO)." In our view, a number of the specific objectives
identified have the potential to undermine the financing and provision of
health care services in SACU countries, both in the public and private
health sectors, as well as the rights of people living with HIV/AIDS. In
particular, if translated in binding commitments, many of these objectives
have the potential to limit the ability of the South African government in
discharging its constitutional obligations, primarily in respect of the
right of access to health care services. In our view, such undertakings
would be an unconstitutional exercise of power.

Conclusion
The ALP and TAC are concerned that the US/SACU FTA negotiations have the
potential to result in binding commitments on SACU member states that
undermine access to health care services, the rights of people living with
HIV/AIDS and the ability of such states to comply with their domestic,
regional and international human rights obligations. In our view, such an
agreement would not only unlawfully conflict with certain national
constitutions and human rights instruments, but would also serve to advance
the interests of the US at the expense of the health and welfare of the
people of Botswana, Lesotho, Namibia, South Africa and Swaziland.

* Please send comments for publications in the Letters section of Equinet
News to editor at equinetafrica.org