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FTA Negotiations Patterns, Health Matters, and
Opposition Gaelle Krikorian - November 2006
Research Fellow, CRESP (Research Center on
Health, Society and Politics) Ecole des Hautes
Etudes en Sciences Sociales - Inserm - Université
Paris 13 galk_at_free.fr
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Fixed features
1. Inequality Dominant position of the US who
is leading the movement to reinforce IPR.
Forum shifting strategy between bilateral and
multilateral negotiating arenas (P. Drahos).
Inequality of power and resources between the
negotiating Parties. Increasing US expertise and
improvement of the US model from one negotiation
to the next.
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2. A bipartisan policy Free Trade Agreements
transcend ideology (Bill Clinton, 1993).
3. Conditions of the negotiations Absence of
real negotiation (at least on IPR see
comparison of agreement texts). Secrecy of the
negotiations and of the content of the texts.
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4. The champion Central role of the leader of the
country (Prime minister, King, President).
5. The negotiators Very limited presence of
health officials and experts on the negotiating
teams. Low profile of health issues among other
officials.
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6. The partisans Proponents Who is for the
FTA. US-Thai FTA Business Coalition National
Assoc. of Manufacturers, US-ASEAN Business
Council, Chevron, FedEx, General Electric
Company, New York Life International, QUALCOMM
Inc, TimeWarner, AIG, AMCHAM Thailand, American
Chemistry Council, American Forest and Paper
Assn, Business Round Table, Cargill, Caterpillar,
The Chubb Corporation, Citigroup, Corn Refiners
Association, Coalition of Service Industries,
Discovery Communication, Footwear Distributors
and Retailers of America, Ford Motor Company,
Grocery Manufacturers of America, Microsoft
Corporation, National Pork Producers Council,
PhRMA, Securities Industry Association, Starbucks
Coffee, UPS, US Chamber of Commerce.
Thai example
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7. The partisans Opponents Who is against the
FTA. Access Foundation, Alternative Agriculture
Network, Assembly of the Poor, Biodiversity and
Community Rights Action Thailand, Center for Aids
Rights, Confederation of Consumer Organization,
Confederation of State Enterprise Labour Union,
Council of People Organizations of Thailand, Drug
Study Group, Federation of Consumers (Lampang),
Federation for Northern Farmers, Focus on the
Global South (Thailand), Foundation for
Consumers, Four Regions Slum Network, FTA Watch,
Medecins Sans Frontieres-Belgium (Thailand),
National Human Right Commission, NGO Coordinating
Committee On Development, Northern Peasants
Federation, Thai Action on Globalisation, Thai
Labour Solidarity Committee, Thai Peoples
Network Against Free Trade Area and
Privatization, Thai Network of People Living with
HIV/AIDS, Thai NGO Coalition on AIDS, The Rural
Reconstruction Alumni and Friends Association,
The Strategic Policy on Natural Resources Base
Project, Student Federation of Thailand, 
Southern Community Forest Network, Southern Land
Reform for the Poor.
Thai example
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Evolution of the TRIPS provisions over time
An analysis of the details of the IP chapters
provisions shows an increase in the level of
protection over time as expected when a
specific type of provision was first
introduced. how the US demands are changing
over time. It also highlights links between
different texts - for example, which previous
agreements text was used as the foundation for
the drafting of another (analysis of the
provisions and the wording).
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Room for health
Analysis of the details of the IP chapters
provisions shows that there has been very little
room for real negotiations. The IPR provisions
keep getting more detailed and broader. Despite
the mobilization of the civil society locally and
internationally and the position of the health
authorities, no important concessions have been
made regarding the IPR chapters and their impact
on access to medicines (failure). The way
negotiations are conducted and concluded has
stayed the same. The only evolution is the
addition of side letters, which started with the
Moroccan agreement and have been added to CAFTA
and agreements with Colombia and Oman. So far,
the only room left for health matters is in the
actual implementation of the FTA by national
authorities.
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Production and use of data ? Very little data
regarding access to medicines and the impact of
the FTAs. Existing studies of the prospective
impact of the FTAs Chutima Akaleephan,
International Health Policy Program, Thailand,
2005. INDECOPI (Government Agency for Consumer
Protection), Peru, 2005. FEDESARROLO
(Foundation of Superior Education and
Development), Colombia, 2005. PAHO, Colombia,
2004. Australian Institute, 2003, 2004
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US farm groups strongly support the pact, which
the American Farm Bureau Federation estimates
will generate 260 million in increased exports
by 2015 in new U.S. wheat, animal feed, beef,
poultry and other farm exports by 2015. (January
2005) Two-way trade is less than 1 billion
annually, but the U.S. International Trade
Commission estimates that could double under the
pact. (July 2004) "The Morocco FTA provides
U.S. exports a significant advantage in the
Moroccan market," said Doug Boisen, chair of
NCGAs Joint Trade Policy A-Team. The duty-free
corn would save the Moroccan poultry and
livestock industries approximately 30 million
per year based on current imports and applied
duties. (July 23, 2004) NCGA (National Corn
Growers Association), along with 27 other
commodity organizations, stated the agreement
could lead to 260 million in increased sales per
year by 2015, while Morocco agricultural sales to
the U.S. would increase by 25 million. (July 23,
2004). An International Trade Commission study
estimated Moroccan exports to the U.S. would
increase 199 million (from 465 million in 2003)
once the FTA is fully implemented. The biggest
winners, however, would be Moroccan consumers.
They would be able to purchase U.S. goods at
dramatically cheaper prices - delivering an
immediate improvement in their standard of
living. (Brett D. Schaefer/Anthony B. Kim,
Heritage Foundation, July 2004). AMITH, the
Moroccan textile and clothing manufacturers
association, expects that the sectors exports,
estimated at 30 million, could under the new
deal witness a six-fold growth in a short period
of time. (March 18, 2004) Les textiles
bénéficieront dun accès privilégié (Trade
Preference Level) de façon à augmenter les
volumes exportés de 50 . Mieux, selon Catherine
Novelli,  le Maroc jouira dun accès libre au
marché dynamique américain de presque 300
millions de consommateurs qui importent
annuellement pour 1 500 milliards de dollars de
biens et services . (15 mars 2004)
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Evolution of the opposition to the FTAs
A growing movement ? The mobilization against
the FTAs goes beyond health defenders (except in
rare cases, such as Morocco). It includes unions,
students, farmers, workers, academics, members of
congress, local generic producers bankers. In
cases such as Thailand, these mobilizations a
very well organized. Strong networks of
collaboration have been developed. ? They share
information/knowledge and build collaborations
with civil servants (Food and Drug
Administration, NHSO, Ministry of Commerce).
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• ? Protests and demonstrations
• Following the chronology of the FTAs over time
  2,000 people in Morocco in October 2004 8,000 in
  Guatemala in March 2005 10,000 in Thailand in
  January 2006 60,000 signatures for a referendum
  on the FTA in Peru in April 2006 7,000 people in
  South Korea in October 2006 more than 10,000 in
  November 2006?
• ? Organized and sustainable mobilization?
• The same way the mobilization against NAFTA
  organized the North American anti-globalization
  movement, anti-FTA movements may continue to play
  a political role even after the ratification of
  the agreements mobilization regarding
  implementation (Jordan, Chili), studies on impact
  of FTAs (Chile, Guatemala, Colombia), initiatives
  to prove unconstitutionality of FTAs in court
  (Thailand, AUSFTA, Guatemala).

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Evolution of negotiators sphere and politics

• ? Better knowledge of the US demands and their
  meaning, stronger resistance of the civil
  servants (Colombia, Guatemala, Thailand).
• ? Increased knowledge resulting from the
  multilateral negotiations.
• ? Negotiators resigning Dr. Luis Guillermo
  Restrepo, negotiator on IP in Colombia, December
  2005 Nitya Pibulsongkram, chief of Thai
  delegation, January 2006 Manuel Chiriboga, chief
  of Ecuadorian delegation, June 2006.
• ? Counterproposal to US proposal attempt in
  Colombia, possible attempt in Thailand.
• ? Dimension of national debates in Costa Rica,
  outsider presidential candidate Otton Solis
  almost won on anti-FTA campaign in February
  2006 in Thailand, Prime minister had to resign
  in April 2006, the FTA was one of the issue at
  stake in Peru, outsider presidential candidate
  Ollanta Humala openly opposed FTA in May 2006.
• ? Negotiation with SACU stopped in April 2006.
  Negotiations with Thailand on hold.
• ? Unless extended by Congress, Trade Promotion
  Authority will expire in July 2007.

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Congress votes
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The need for change
? So far, the IPR aspects of the FTAs on access
to medicine has proven unshakable. However, the
characteristics of these negotiations (from their
content to the way they are conducted) seem to
catalyze a mobilization dynamic that goes beyond
simple resistance. This social movement will
probably bring changes. At least in the long
term. In the short run ? Recent US elections
bring opportunities. ? Beyond the debate over
the FTAs, a broader discussion regarding
production and access to knowledge goods is going
on. This too represents a movement that is
bringing new options and might contribute to
reshaping the way people look at IP
protection. The new US political context might be
the right time to challenge the IPR chapters of
the FTAs with alternatives.