PHA-Exchange> Thai NGOs urge UN Special Rapporteur on Right to Health to intervene on FTAs

Thu Jun 16 10:02:10 PDT 2005

** Apologies for cross-postings**

Dear Colleagues, 

I am forwarding you a press release from Thai NGOs regarding a letter sent
to the UN Special Rapporteur on the right to health, Mr. Paul Hunt, urging
him to raise the alarm with the Thai government about the human rights risks
of Thailand’s Free Trade Agreement (FTA) negotiations (see below).

The Thai NGOs are concerned about the impact of proposed strict intellectual
property (IP) rules in FTAs on access to affordable medicines and the right
to health. They are also concerned that FTA negotiations lack transparency
and consultation. They would like Thailand to be reminded of its human
rights obligations of which the obligation to ensure access to information
and participation in public affairs, including trade negotiations.  

Thailand is negotiating FTAs with a number of countries, such as the United
States (the fourth round of US-Thailand FTA negotiations will start on the
11th July 2005) and the European Free Trade Association (EFTA – is composed
of Switzerland, Liechtenstein, Iceland and Norway).

Best regards,

Davinia

Davinia Ovett

Programme Officer

3D -> Trade - Human Rights - Equitable Economy

15, Rue des Savoises

CH-1205 Genève

Switzerland

Tel: +41 22 320 21 21

Fax: +41 22 320 69 48

Email: dovett at 3dthree.org

Website: www.3dthree.org

***************************************************************

FTA Watch and allies sent an appeal to the Special Rapporteur, urging for
monitoring the Thai government’s violation of right to access to medicines
of Thai people through FTAs Thailand-the US

April 15, 2005

Today the FTA Watch and allies submitted an urgent appeal to Mr Paul Hunt,
the Special Rapporteur of the commission on Human Rights on the right to the
highest attainable standard of physical and mental health, expressing a
concern especially over the bilateral trade negotiations between Thailand
and the US in the fourth round of the talk.  The negotiation is due to be
held on July 11, 2005 in Montana, the United States of America.  The letter
addressed the US demand on expansion of Intellectual Property (IP) rules,
which will undermine Thailand’s ability to access to medicines.  Moreover,
it is likely that some other countries including Japan and EFTA countries
(consisting of Switzerland, Norway, Iceland and Liechtenstein) will use the
US demand as their benchmarks in their trade negotiations with Thailand.

The FTA Watch and allies requested the Special Rapporteur to monitor and
remind the Thai government of its obligations to protect the right of people
to have their highest attainable standard of physical and mental health,
which should not be undermined by economic interests in FTA negotiations.
Moreover, it is highly important that the Thai government be reminded to
ensure accessibility of information and texts of the negotiations, public
participation, comprehensive assessment of the effects of TRIPS-plus rules
on the access to affordable medicines and the realisation of the right to
health before making any trade commitments. (See details in the letter)

The undersigned organisations are Thai human rights advocates, people living
with HIV/AIDS and civil society groups that are Access Foundation;
Alternative Agriculture Network, Biodiversity and Community Rights Action
Thailand; Center for Aids Rights; Confederation of Consumer Organization;
Drug Study Group; Focus on the Global South (Thailand); Foundation for
Consumers; FTA Watch; Medecins Sans Frontiers-Belgium (Thailand); NGO
Coordinating Committee On Development; Thai Action on Globalisation; Thai
Network of People Living with HIV/AIDS; Thai NGO Coalition on AIDS; The
Assembly of the Poor; The Rural Reconstruction Alumni and Friends
Association; The Strategic Policy on Natural Resources Base Project,
National Human Right Commission.

The submission of the letter to the Special Rapporteur is in accordance to
the United Nation’s human rights monitoring process that each member country
has committed to international obligations on human rights.  In 2002, the UN
commission on Human Rights appointed a Special Rapporteur, whose mandate
focuses on the right of everyone to the enjoyment of the highest attainable
standard of physical and mental health, reflected in article 25(1) of the
Universal Declaration of Human Rights (UDHR), article 12 of the
International Covenant on Economic, Social and Cultural Rights (ICESCR),
article 24 of the Convention on the Rights of the Child (CRC) and article 12
of the Convention on the Elimination of All Forms of Discrimination against
Women (CEDAW), as well as on the right to non-discrimination as reflected in
article 5 (e) (iv) of the International Convention on the Elimination of All
Forms of Racial Discrimination (ICERD).  The process allows a submission of
individual complaint.  If the Special Rapporteur deems the issue important,
he may undertake country visits, request necessary information and seek
clarification.  If there is right violation, he will communicate with the
government and remind it of its obligations under international law in
relation to the right to health.

Mr Paul Hunt, the present Special Rapporteur of the Commission of Human
Rights on the right to health, comes from New Zealand.  In the past,
Thailand was requested only once by a Special Rapporteur on extrajudicial,
summary or arbitrary executions for a country visit in 2003.  However, the
Thai government’s response to the visit was defensive, which created a
negative image of the country as a UN member.   

Press release by FTA Watch

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