TWN Info Service on Free Trade Agreements

06 February 2007


UN expresses concern over impact of FTA on right to health

For the first time, a United Nations (UN) body has expressed concern over the impact of free trade agreements (FTAs) on human rights in Malaysia.

As a party to the UN Convention on the Rights of the Child, Malaysia has recognised the right to health of Malaysian children.

A delegation of 22 Malaysian Government officials, headed by the Attorney General, Tan Sri Abdul Gani Patail, was questioned by the UN Committee that monitors the implementation of the Convention’s obligations. ‘Pointed questions’ were raised by the Committee’s Chair, Dr Jacob E Doek, as to how the Malaysian Government was going to ensure that free trade agreements do not affect the provision of generic medicines, particularly for HIV/AIDS.

The Attorney General stated that generic medicines are cheaper than patented medicines, and that ‘generic drugs should not be restricted in any manner.’ Tan Sri Abdul Gani highlighted that Malaysia has issued a WTO-compliant compulsory licence [which reduced the average monthly cost of treatment for each person living with HIV/AIDS by 81%, doubling the number who could be treated]. However, he also understood that ‘FTAs are TRIPS-plus’ which means that they contain stronger intellectual property protection than the World Trade Organization (WTO) requires.

According to the report of the public session, by a Geneva non-governmental organization (NGO), the Attorney General implied that a Malaysia-US FTA could result in more expensive medicines and said that Malaysia is not going to negotiate on this issue. The report by the trade and human rights NGO can be found at http://www.3dthree.org/pdf_3D/3Dnote6_Malaysia2007.pdf.

For more information about the way in which US free trade agreements can make medicines more expensive, see http://www.ftamalaysia.org/article.php?aid=57.

The Committee on the Rights of the Child is composed of 18 independent experts of high moral character and recognized competence in the field of human rights. It has previously raised with other countries the issue of the implications of FTAs on the right to health of children.


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