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AFTINET BULLETIN No 138
JULY 2007
Contents:
Farewell
to Michele and welcome temporary campaigner Melissa Vogt
Coming
events: China Labour Activist July 24-5 and APEC public meeting venue change
Pharmaceutical
Benefits Scheme (PBS) change legislation passed
Civil
Society letter to Pascal Lamy pronouncing WTO negotiations dead
The
Great Labour Debate in China, John Sutton
Design
it for Labour Rights! Competition
1.
Farewell to Michele and welcome temporary campaigner Melissa Vogt
Michele Freeman is leaving on July 20, and we thank her for her contribution to
AFTINET. The campaigner position will be advertised but it will take at least six week to
fill the position on a long term basis. In the meantime, Melissa Vogt from Fairwear has
kindly agreed to on a part time temporary basis for AFTINET, especially on the
organisation of the APEC events. Lorissa Barrett will also continue to work part time
during this period, before departing for an overseas trip in September.
Top of page
2. Coming
events: China Labour Activist July 24-5 and APEC public meeting venue change
Chinese Labour Activist Tour
AFTINET has organised Chinese labour rights activist Monina Wong to visit Australia
from 23rd until the 27th July. Monina will share experiences about the impact of
globalisation on workers in China especially female workers in export processing
industries and the implications of the proposed Australia China Free Trade
Agreement.
Public meetings will be held in Sydney and Melbourne to discuss the impacts of
globalisation without guarantees of labour rights and environmental protections.
Sydney - Tuesday 24th July 2007 6.30pm, Tom Mann Theatre, 136 Chalmers Street, Surry
Hills (south of Central Station)
Melbourne - Wednesday 25th July 2007 6.30pm Bob Hawke Room ACTU Building
Level 4, 365 Queen Street Melbourne
Speakers include; Monina Wong, Labour Action China, Sophie Peer, Amnesty International
(Syd), Paul Bastian, State Secretary, AMWU (Syd) and Dave Oliver, National Secretary, AMWU
(Melb), Liz Thompson, FairWear (Melb), Michael Butler, Victorian President, Amnesty
International (Melb).
For more information please contact Lorissa at lorissa@aftinet.org.au.
APEC
The Asia Pacific Economic Cooperation Forum (APEC) meeting of the leaders of 21 countries
is to be held in Sydney in September 2007.
APEC lacks democratic involvement and has always resisted formal engagement with civil
society groups. However a broad coalition of community groups is organising a public forum
and conference in Sydney under the banner of Asia Pacific People for Environment and
Community (APPEC) putting people into APEC.
Please note that the Town Hall suddenly cancelled all bookings because of
renovations, and our booking at the Masonic Centre in Gouburn St was also cancelled due to
a clash of bookings. We were finally able to obtain a firm booing at the UTS guthrie
Theatre. A separate electronic message and a leaflet with this change was sent to all
members and placed on the website. Please circulate this change if you have already
publicised the meeting.
Public forum 5.30 for 6.30 pm Friday 31 August.
University of Technology, Guthrie Theatre, Design Building (Building 6), Harris St
entrance (near the ABC building and near the overhead footbridge)
Featuring: Sharan Burrow, President of the Australian Council of Trade Unions and
President of the Global Unions International Trade Union Confederation. Yuri
Munsayac, (Philippines), Asia Pacific for Human Development, Don Henry, President,
Australian Conservation Foundation. Hosted by Tim Brunero ,former star of Big Brother and
Journalist.
5pm - launch of trade union documentary - 'Constructing
Fear' - about Howard's Building and Construction Industry Commission and how
it represses worekrs' rights.
Conference University of Technology, 9.30am 4pm Saturday 1
September.
Guthrie Theatre, Design Building (Building 6), Harris St entrance (near the ABC
building and near the overhead footbridge)
Plenary sessions, workshops, information
stalls, documentary screenings and activities.
Top of page
3. Pharmaceutical
Benefits Scheme (PBS) change legislation passed
As reported in the last Bulletin, the government has used its majority in both houses
of Parliament to push through changes to the PBS which could lead to increased prices for
some new medicines. These changes stop the price of some new medicines from being compared
with the prices of existing medicines with the same health outcomes. This is a change that
the US government and drug companies wanted as part of the Australia-US Free Trade
Agreement (AUSFTA), and that they have pushed through the Joint Medicines Working Party
set up under the agreement. The price increases are hidden behind other changes that will
mean reduced prices for generic medicines whose patents have expired, and allows the
government to claim that there will be overall savings.
AFTINET worked with health academics and consumer groups in the absurdly short time
allowed for debate to lobby the ALP, Democrats and Greens about the dangers, achieved some
media publicity, and ensured that the issues were debated in parliament. This succeeded in
getting one amendment, to review the impact of the legislation on medicine prices.
Below are two media articles that explain the link with the AUSFTA, AFTINETs role
and some of the Parliamentary debate.
PBS changes pass Senate
AAP Political News Wed 20 Jun 2007
Generic drug makers will receive less money from the federal government under changes
to Australias Pharmaceutical Benefits Scheme.
The overhaul, approved by parliament today, will not affect the price tag of $30.50
most Australians pay for a majority of subsidised medicines, though it could reduce the
price of some generic drugs.
The legislation will cut by 25 per cent the price the government pays for generic
medicines from August 2008, a move expected to reduce undisclosed payments that drug
companies make to pharmacists.
Until now, the price the government has paid for generic drugs has been artificially
inflated by deals drug companies have made with chemists.
From 2012, the government will require drug companies to disclose the price they are
charging pharmacists - under penalty of having their products removed from the PBS or
being fined $30,000.
Pharmacists are being compensated about $1.1 billion over four years for losing the
discounts.
The reforms include ceasing the linking of brand-name drug prices to those of generic
medicines, but prices for drugs that have only one brand will not change.
Generic drug makers have expressed concerns about the impact of the bill, and the
government has pledged to embark on an advertising campaign encouraging Australians to use
the cheaper medicines.
It estimates the changes will save taxpayers $3 billion over 10 years.
Labor says the change is designed to placate US drug companies who dislike
Australias public funding of medicines under the Pharmaceutical Benefits Scheme and
wanted medicines open to free trade.
"There is now a real suspicion that the most significant changes to the PBS
proposed in this bill have been driven by a need for the Australian government to appease
US interests following Australias signing of the free trade agreement with
America," ALP senator Glenn Sterle told parliament.
"We should be under no illusion: the pressure is on from the US drug manufacturers
to bring about an increase in the price of PBS medicines in Australia."
Parliamentary Secretary for Health Brett Mason denied the reforms had anything to do
with the free trade agreement.
"Theres no conspiracy, indeed no link," he said.
"The changes to the PBS effected through PBS reform are clearly a matter of
domestic policy and were designed to create budgetary headroom for the listing of new
medicines and increasing the transparency of the marketing arrangements used by companies
where medicines are subject to competition.
"Thats the policy intention."
Australian Greens leader Bob Brown said US drug companies earned among the biggest
profits of any corporations and wanted reference pricing for drugs abolished.
"Were seeing the corporate philosophy have a win with this
legislation," he said.
Labor frontbencher Jan McLucas questioned the governments assertion that the bill
would deliver massive savings.
"Labor has been trying for months to uncover exactly where these savings will be
drawn, without success," she said.
"The government is hiding behind the general idea of savings without explaining
that the savings are to government and not to consumers or might even, in the worst case
scenario, be at the expense of the consumer."
The bill was passed with one amendment requiring the health minister report on the
impact of the changes on pharmaceutical costs.
A dubious and secret influence on our public health policy
Thomas Faunce, senior lecturer in the medical school and the college of law at the
Australian National University.
The Age, June 13, 2007
Australians have a natural dislike of faceless people making major government policy
decisions. Such activity seems to run counter to core principles about how a democracy
should operate. Yet, this is what appears to have happened with the Medicines Working
Group, established under the free trade agreement between Australia and the United States.
There is no doubt the working group has played a significant role in creating the
controversial changes to reference pricing arrangements for patented medicines under the
Pharmaceutical Benefits Scheme, now in legislation before the Senate. Yet no information
has been released to the public about the content of the discussions on such subjects
between high-level US and Australian officials that have taken place in January 2006 and
most recently in April 2007.
Remember how in 2004 we were told that the PBS would never be included in the free
trade agreement? Then, after we discovered it had been included almost from the start of
negotiations, we were informed that no fundamental aspects of PBS processes would change
as a result.
In the fuss over the passage of the so-called "anti-evergreening" amendments,
little concern was expressed about the creation of the Medicines Working Group.
Yet, it must surely be a strange thing (even in this age where the interests of state
and the private interests of market so readily coalesce) to basically outsource policy
development on medicines to such a body.
Of course, we are told that the working group has just been established to facilitate
mutually beneficial discussions and that the body has no policy development role. How can
we be sure of that when no minutes of its meetings have been released to the public?
A freedom of information application made by Pat Ranald of the Australian Fair Trade
and Investment Network has revealed almost nothing about the groups deliberations,
just pages of blacked-out minutes.
This has worried those who have studied the area. We knew that US negotiators to the
trade agreement had been required by legislation to seek the "elimination" of
reference pricing under the PBS. We also knew that the US Government had commissioned a
study arguing that reference pricing should be "eliminated" from all OECD
countries.
Yet, one thing that was disclosed in the freedom of information application about the
meetings was an editorial from The Australian newspaper. The fact that the group discussed
this is remarkable, chiefly for the fact that the editorial proposed the exact form of
policy that has now been incorporated in the F1 changes to the PBS.
The editorial argued that new patented medicines should not have their claims to
"innovation" assessed by comparison against cheap generic medicines, an approach
that is fundamentally that of the US medicines negotiators to Annex 2C (on
pharmaceuticals) of the agreement.
It involved assessing innovation chiefly through the operation of markets nominally
called "competitive" but readily distorted by collusion, intellectual monopoly
privileges and advertising.
This is what the new F1 PBS category for patented single brand medicines is on the way
to achieving.
Australias approach, expressed clearly in Annex 2C of the free trade agreement,
was to value pharmaceutical innovation scientifically through expert assessment of its
"objectively demonstrated therapeutic significance". This is the task of the
existing Pharmaceutical Benefits Advisory Committee. It is a crucial part of such
transparent, evidence-based assessment that new patented products be assessed for
innovation against all available therapies, generic or even non-medical, for the same main
clinical indication. If a new drug cant prove that it works better and is safer for
a reasonable price difference than an existing generic competitor, why should the
community have to pay more over time for its technical molecular flamboyance or associated
advertising?
Surely we have a right to see that such an evidence-based Australian position, so
contrary to that of the US, is being upheld in the group discussions. How can we do so if
we have no idea what type of discussions and possibly deals are taking place?
Why would the US go to so much trouble to establish such a body, when informal
discussions must take place all the time between health policy officials in both nations?
Reassurances that the Medicines Working Group has no policy role disrespect the
Australian people who, after all, voted for the PBS in a 1946 constitutional referendum.
It is of further concern that the working group has reserved the right to discuss
health policy matters outside those mentioned in the free trade agreement.
If it continues to do so in secrecy and without accountability, then its existence and
operations should be exposed as a pernicious influence on the sovereignty and democratic
foundations of health policy development in this country.
Top of page
4. Our
World Is Not For Sale - letter to Pascal Lamy pronouncing WTO Doha negotiations dead and
seeking a fairer world trading system
Last week the US and the EU failed to reach agreement with India and Brazil on
reductions in agricultural subsidies, as part of the WTO negotiations. Although there will
be a final effort at new proposals in July, most commentators see no basis for agreement.
AFTINET is part of the Our World is not for Sale Network of hundreds of civil society
groups around the world , which sent the following letter to the WTO urging governments to
take the opportunity to develop a fairer world trading system.
Mr Pascal Lamy
Director General
World Trade Organization
cc. Chairs of the WTO Negotiating Committees
cc. WTO Members Heads of Delegations in Geneva
Dear Director General Lamy,
As civil society organizations and social movements committed to building a
multilateral trade system that is just, sustainable and democratic, we believe that the
time has come to officially declare the Doha Round of the WTO negotiations dead and to
provide the necessary space to re-think the kind of multilateral trade rules that are
needed to create employment and achieve sustainable development.
It is now almost six years since the Doha Agenda was launched in November 2001. What
has followed since then is a litany of setbacks and/or failures from the collapse
of the Cancun ministerial in 2003, followed by the July framework cobbled together in
2004, then the desperate moves of the 2005 Hong Kong ministerial to breathe new life into
the Doha agenda, which led to the suspension of the WTO negotiations in 2006 and now the
recent breakdown of the G-4 talks in Potsdam.
Doha was supposed to be the development round. But what has transpired over
the intervening six years has been quite the opposite. Instead of coming up with a set of
multilateral trade rules designed to increase the capacities of developing countries to
create new jobs, eliminate poverty and build sustainable economies, the Doha Agenda has
been manipulated to primarily serve the interests of the northern industrialized powers to
expand market access for their transnational corporations.
All the studies that have come out since 2005 from the World Bank, UNCTAD, the
Food and Agriculture Organization (FAO), the Carnegie Endowment for International Peace,
Tufts University and the Research and Information System for Developing Countries (RIS)
demonstrate that the current proposals for the Doha Agenda make developing
countries, and particularly the poorest countries, the biggest losers. Millions of people
all over the world, including farmers, fisherfolk, workers and trade unionists,
environmentalists, faith-based groups and other civil society organizations, have been
denouncing the Doha talks as promoting a "corporate-driven" model of trade that
pays little attention to peoples rights and needs. Now, more than ever, world
leaders must face up to the fact that the global trade regime has marginalized a vast
array of communities and interests who have finally united to stop any further expansion
of the system.
The Doha Agenda and Model have failed to increase the trust of WTOs membership,
let alone the public it is supposed to serve. Around the world, people have informed
themselves and popular opinion has changed to the point where the WTO is suffocating from
a crisis of legitimacy. And, no effort by free trade champions to "better
educate" the public or adopt "quick fixes" can reverse this reality.
Declaring the death of Doha does not mean the end of world trading system. Another
multilateralism is possible, but not one that prioritizes the rights of corporations over
the rights of people and the planet while reducing the power to self-govern.
We urge you to stop pushing countries to make further concessions and to acknowledge
the failure of the Doha Round now. Furthermore, we call on you to institute a two year
moratorium to provide the time and space necessary to re-think the model and process of
global trade negotiations. Its time to let governments go back home, and start a
process of reflection and consultation with their peoples that can pave the way for a new
and different model of multilateral trade. The only credible option now is to stimulate
public discussion and debate with governments and civil society and social movements about
creating alternative trade regimes that are people-development-environment centered.
Top of page
5. The Great Labour
Debate in China, John Sutton
A major debate concerning wages and labour standards is unfolding in China that will
ultimately have major ramifications for Australia and the whole world economy.
It used to be said when America sneezes Australia catches a cold. Whether Australians
know it or not China is rapidly replacing America in this regard.
With China continuing to experience double digit economic growth, at current
projections it will shortly surpass Japan as the words second biggest economy and the US
will be in their sights within 20 years.
So why should a debate about labour standards in China have any particular relevance to
Australia?
Anyone involved in Australias struggling manufacturing industry understands there
is a direct impact on our viability.
Cheap labour in China is abundant with hundreds of millions of migrant peasants coming
off the land and into the industrial cities and working in often appalling conditions.
Wages at $2 or $3A per hour for many, short term casual work, frequent non-payment and
lengthy delays in payment, dreadful safety and abundant work deaths its
generally a bleak picture by Western standards.
The Chinese Government, the Communist Party leadership and the official trade unions
(the ACFTU) are acutely conscious that the gross exploitation of the migrant peasant
workers cant continue without there being serious social and ultimately political
ramifications. This is an essential reason why new regulations are expected to be passed
into law by the Peoples Congress next month.
While the new laws are expected to be passed, this is not a certainty and the laws may
be delayed again due to heavy internal debate at the highest levels.
Over the last 12 months employers have been mobilising against the new laws- with the
American Chamber of Commerce in the vanguard. They have been supported by employer lobbies
from Japan, South Korea and Singapore. The European employer lobby also lent its muscle
initially but has done the civilised European thing and by all accounts now accepts that
the improvements are reasonable.
Not so with the US employers more than 350 of the Fortune 500 companies now have
production operations in China and they are using their strategic position in the
burgeoning Chinese free-market sector to wield the big stick.
The American Chamber of Commerce through its Shanghai office has issued a 43 page
lobbying document systematically criticising nearly all the changes that would lift
working conditions, provide legal certainty for itinerant workers and go some way to
providing secure employment.
The US employer arguments in totality are a collection of immoral, self-serving
pleadings dressed up as legal and economic arguments about why the current position is
preferable to change.
The key message coming through all the employer arguments is that if the Chinese
Government makes tangible improvements that impact on the bottom line they will have to go
looking elsewhere in the world to where labour costs are cheaper.
To some extent this is already underway with some countries in South-East Asia and
places like Burma already attracting a lot of new foreign capital hungry for cheap,
compliant labour.
The employer interests realise there is a real possibility that not only will the
changes introduce some stability for the large working underclass, but they also stand to
invigorate the sleeping giant, the All China Federation of Trade Unions. The ACFTU has
around 160 million members but has struggled to adjust its role from the era of State
Owned Enterprises to the new period where domestic and foreign capitalist employers now
employ the bulk of Chinese workers.
Australians need to learn a lot more about this critical debate in China its
outcome will have a direct impact on us. The Australia union movement is starting to lend
its voice to the push to lift standards in China and it will be interesting to see the
official response from Australian employers and our Federal Government who they are so
closely in alignment with.
Will greed and short term interests outweigh broader considerations about reasonable
labour standards on a global basis? What about the political and strategic value of a
sound relationship with China going forward?
Another fascinating aspect of the Chinese economic situation is that in the booming
economy approximately 100 million Chinese, including large numbers of poorly paid workers,
are investing in the stock market. How can this be? It goes like this:- Chinese workers
mostly work very long hours and the savings accrued have to go somewhere. Bank interest is
low and generally doesnt match inflation. Property is off limits to the working
class with the estimated 200 million migrant peasant workers in such unstable employment
the banks will not lend money for mortgages. So the accrued savings are going into the
seriously overheated stock market. Asset prices on the Shanghai Stock Exchange in
particular are wildly divergent from fundamental market value. Something is going to give.
Ironically the best way for Chinese capitalism to stabilise itself is to provide a new
level of regularised employment including enforceable labour standards (with collective
bargaining and even the right to strike one day).
If workers gain more stability and certainty, banks will lend and the Chinese working
class will start to own private property on a vast scale. And of course money need not
flow at unsustainable levels into the ballooning Chinese Stock Market.
These developments in China are beyond interesting they represent a turning
point in world economic and social history. I challenge the Australian employer movement
to tell us where you stand, show us the colour of your money.
Top of page
6. Design
it for Labour Rights! Competition
Oxfam wants your creative ideas! Heres your chance to get your hands dirty and
come up with a design to get the labour rights message out as well as supporting Thai
worker run co operatives! We want a bag designed and a graphic/picture for the bag.
** This design competition is open now and closes 30th July. **
We plan to have the bag manufactured by Thai cooperatives, where workers work together
collectively and not in a sweatshop. Both cooperatives are inspiring stories, being set up
by workers who were made redundant from their factories because they stood up for their
legal rights. This bag and your design will support their co operative business. Entrants
are welcome to submit designs for both the bag and the graphics or just for one or the
other. The design briefs will be on our website shortly.
Please visit www.oxfam.org.au/labour and follow link to the competition.
Contact daisyg@oxfam.org.au for more info or to get the competition brief.
The winning designs will be available to buy in Oxfam shops all around Australia and
for sale online. Please forward these competition details onto people you think might be
interested in submitting a design. We look forward to your entries!
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