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Abolish the Korea-US FTA, a total composite of TRIPS-plus right now!

To: Park Hee-tae, the National Assembly Speaker and Nam Kyoung-pil, the Chairman of Foreign affairs, Trade and Unification Committee

 

Does the National Assembly of South Korea want to be a prime offender of the HIV/AIDS epidemic?  Abolish the Korea-US FTA, a total composite of TRIPS-plus right now!

 

Evaluating global responses on HIV/AIDS of the past 10 years, the UNAIDS suggested 3 Zeros-Zero new infection, Zero AIDS-related death and Zero discrimination, which is a new coping strategy hereafter. Then June 2011, UN state parties agreed on “15by15” to make zero AIDS-related deaths in the UN general assembly high level meeting on HIV/AIDS. The “15by15” is a decision to commit the world to get 15 million people living with HIV/AIDS on medication (ARV) by 2015. There are 3/5 out of 15 million PLWHA who need treatment but cannot get medicines, and it is scientifically proved that the AIDS treatment itself is not only saving lives, but breaking the cycle of new infections. According to the UNAIDS, about 6.6 million people were receiving antiretroviral therapy in low- and middle-income countries at the end of 2010, that is a nearly 22-fold increase compared to 2001. Accessibility to the right treatment has increased due to the low price generic medicines. However, there are still 9 million people living with HIV/AIDS who are not able to access to anti-AIDS medicines.

    

Nevertheless, procedures of trade agreements which will incapacitate the “15by15”, a global commitment of the UN state parties, are ongoing now. Through India-EU FTA, TPPA (Trans-Pacific Partnership Agreement), ACTA (Anti-Counterfeiting Trade Agreement), and Korea-US FTA, European Union and the U.S. intend to protect intellectual property rights stronger than TRIPS. In Korea, so called ‘TRIPS-plus’ which includes approval-patent linkage, data exclusivity, independent review process, medicines & medical devices committee, and the investor-state dispute is expected to be concluded. Even in the U.S., “approval-patent linkage” which the U.S. government imposes the most, shifts the burden of expensive medicines to the people, causing the abuse of the patent system and the unfairly delay of generic competition. After the “approval-patent linkage” being adopted by Canada through NAFTA, Korea is going to become the third country in the world bringing in the “approval-patent linkage”. If the Korea-US FTA would be ratified, it would be distinctly not only causing a spurt in prices of medicines by delaying generic version, but also paralyzing independent policy establishment process over insurance pricing decision and national health care system. Moreover, imposing “independent review process” and “medicines & medical devices committee” means that it become difficult to amend national medicines policies without consents of the U.S. government. Furthermore, Korea-U.S. FTA contains terrifying “investor-state dispute” which is able to incapacitate public policies such as free medical supply, free education and free health care. Besides, 8 countries including South Korea, the U.S., Canada and Japan signed the Anti-Counterfeiting Trade Agreement (ACTA) in Tokyo on October 2, 2011. There is a dangerous possibility in ACTA to obstruct export and import of generic medicines.

 

More significant issue is that the Korea-US FTA will not be ended between the U.S. and South Korea. South Korea is willing to be in the front line of exporting European FTA and American FTA models. Since 2006, EU aggressively takes a new FTA policy aiming to absolutely eliminate tariff and non-tariff barriers, and the first main targets are South Korea and India. The Korea-EU FTA which came into effect from July, 2011, contains a border measure to let blocking export and import of generic medicines possible. The U.S. is in the position to make the Korea-US FTA as a base for FTAs throughout the Asia-Pacific region. If the Korea-US FTA would be ratified which includes approval-patent linkage, data exclusivity, independent review process, medicines & medical devices committee, and the investor-state dispute and became a “Living Agreement”, it might be the most powerful and comprehensive FTA in existence, could be forced on other countries by the Korea and the U. S. governments. In a word, even though the U.S. and Korea governments made a commitment to the “15by15” June, 2011 in New York, they push other countries to impose TRIPS-plus by using FTA in the very front.

 

If the Korea-US FTA would be ratified, the goal which is committed to provide antiretroviral medicines additionally to 9 million people, could not be achieved but also brought a result making people living with HIV/AIDS hard to maintain even a current status.

Does the Korean National Assembly want to be a prime offender of the AIDS epidemic by driving PLWHV of the whole world into deaths?

Stop the Korea-US FTA Right Now, Stick to the “15by15” as an UN state party!

 

October, 14th, 2011

 

<South Korea>

Korean People living with HIV/AIDS Group 'LOVE4ONE'

Solidarity for HIV/AIDS Human Rights Nanuri+ [Public Pharmaceutical Center / Solidarity for Lesbian Gay Bisexual Transgender Human Rights of Korea / Korean Gay Men’s Human Rights Group/ Korean Pharmacists for Democratic Society]

Korean Progressive Network Jinbonet

Intellectual Property Left

Network for Global Activism

Cultural Action

Korean House for International Solidarity

Human Rights Solidarity for New Society

SARANGBANG group for Human Rights

Democratic Workers' Solidarity

GG:Network for Sex Workers Rights

Solidarity Against Disability Discrimination

Information & Culture Nuri for the Disabled Korean

Network of Accessible Environments for All

Disability and Humanrights In Action

Korean Medical Action Groups for Health Rights

Health Right Network

Dary

Democratic Labor Party Sexual Minor Committee

 

<Foreign>

The International Treatment Preparedness Coalition(ITPC)

The Asia Pacific Network of People Living with HIV/AIDS(APN+)

The Asian Network of People who Use Drugs(ANPUD)

Positive Malaysian Treatment Access & Advocacy Group(MTAAG+)

Health GAP (Global Access Project)-US

The Thai Network of People living with HIV/AIDS(TNP+)

Alternative Agricultural Network-Thailand

Rural Pharmacists Foundation-Thailand

Rural Doctors Foundation-Thailand

Rural Doctor Society-Thailand

Drug Study Group-Thailand

Thai NGO Coalition on AIDS-Thailand

Foundation for AIDS Rights-Thailand

AIDS ACCESS Foundation-Thailand

Foundation for Consumers-Thailand

Health and Development Foundation-Thailand

Thai Holistic Health Foundation-Thailand

FTA Watch-Thailand

Ecological Alert and Recovery(EARTH)–Thailand

Health Consumers Protection Program-Thailand

Drug System Monitoring and Development Program-Thailand

Social Pharmacy Research Unit, Chulalongkorn University-Thailand

Uttar Pradesh Network of People Living With HIV/AIDS (UPNP+) - Naresh Yadaw

Madhya Pradesh Network of People Living With HIV/AIDS (MPNP+) - rajpal Yadaw

Network of maharashtra by people living with HIV (NMP+) - Prashant Yende 

Rajsthan network of people living with HIV (RNP+) - Brijesh Dube

Ahamadnagar Network of People Living With HIV/AIDS - Amale

Kolhapur Network of People Living With HIV/AIDS - Yuvraj shinde

Gadchiroli Network of People Living With HIV/AIDS - Vijay Bhende

Akola Network of People Living With HIV/AIDS - Shunbhangi Kharat

Mumbai Network of People Living With HIV/AIDS - Bharati Sonawane

Thane Network of People Living With HIV/AIDS - Shabana Patel

Beed Network of People Living With HIV/AIDS - Mangal Moholkar

latur Network of People Living With HIV/AIDS - Shila

 

Contact:

Name: Jaecheon Kim

Organization: Solidarity for HIV/AIDS Human Rights Nanuri+

Email address: jaekim1980@gmail.com

 

 

Name: Miran Kwon

Organization: Solidarity for HIV/AIDS Human Rights Nanuri+

Email address: rmdal76@hanmail.net

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