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The Doctors Reform Society of Australia, Box 992 Gosford 2250

Phone 02 9264-9084 Fax 02 9267-4393.

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Doctors Reform Society

PO Box 922

Gosford NSW 2250

Tel 02 9264 9084

Fax 02 9267 4393

drs@nlc.net.au

www.drs.org.au

 

 

 

 

 

 

 

 

 

Submission to the

Senate Foreign Affairs, Defence and

Trade Committee

 

on

 

The General Agreement on Trade in Services (GATS) and

A Proposed Australia-US Free Trade Agreement

 

April 2003

 

 

 

 

 

 

 


 

CONTENTS:

 

1.  INTRODUCTION

 

 

2.  BACKGROUND

2.1  Economic Globalisation

 

2.2  Inequality and Health

 

2.3  Government Regulation and Public Services

 

2.4  The Free Market in Health Care

 

2.5  Medicare and the Pharmaceutical Benefits Scheme (PBS)

 

 

3.  THE GENERAL AGREEMENT ON TRADE IN SERVICES (GATS)

3.1  General

 

3.2  Exclusions and Exceptions

 

3.3  General Obligations with Specific Impacts on Health Care:

VI Domestic Regulation

VIII Monopolies

XV Subsidies

 

3.4  Specific Obligations:

XVI Market Access

XVII National Treatment

 

3.5  Progressive Liberalisation

 

3.6  The Right to Regulate and Dispute Resolution

 

3.7  Flexibility

 

 

4.  A PROPOSED AUSTRALIA-UNITED STATES FREE TRADE AGREEMENT (FTA)

 

 

5.  IMPACT ON DEVELOPING NATIONS

 

 

6.  TRANSPARENCY, ACCOUNTABILITY, EVALUATION & CONSULTATION

 

 

7.  CONCLUSIONS

 

 

8.  REFERENCES

 

1.  INTRODUCTION

 

The Doctors Reform Society (DRS) is an organisation of doctors formed in 1973 to support the introduction in Australia of universal health insurance, initially Medibank, now Medicare. The DRS continues to advocate for equitable universal access to quality health care for all members of Australian society. The DRS welcomes this opportunity to contribute our views.

 

The DRS has addressed health implications of economic globalisation, the General Agreement on Trade in Services (GATS) of the World Trade Organisation (WTO) and a proposed bilateral free trade agreement (FTA) between Australia and the United States of America (USA) in previous submissions (2001-2003) to the Department of Foreign Affairs and Trade (DFAT).

 

A free trade agreement (FTA) is an agreement between two or more nations to remove 'substantial barriers to trade'. This may be in the form of bilateral, regional or multilateral agreements. The prime objective of FTAs is to facilitate international trade by private corporations. This is via the liberalisation of trade in goods and services and the protection of direct foreign investment and intellectual property rights by limiting government regulation. FTAs generally favour market-based as opposed to government-administered structures and promote privatisation.

 

International trade in services has increasingly been included in FTAs and in 1994 within the framework of the World Trade Organisation (WTO). Since 1995 the General Agreement on Trade in Services (GATS), one of the free trade agreements of the WTO, has subjected this significant sector, including health services, to multilateral trade rules. “Barriers to trade in services” have become the subject of international trade negotiation. Barriers to trade in services in contrast to trade in goods are largely domestic regulatory barriers rather than tariffs or barriers at the border (Sanger, 2001; Shaffer et al., 2002).

 

The DRS believes universal public health care, Australia’s Medicare and Pharmaceutical Benefits Scheme (PBS) are seriously threatened by market driven principles which underlie FTAs. To deem health care a tradable commodity is a relatively recent concept that conflicts with international accords that define access to health care as a basic public health and rights issue. The failure of market provision of health services is clearly demonstrated in the USA. Recent experience in Australia confirms the spiralling costs associated with increased reliance on private provision of health care.

 

The DRS believes economic globalisation and the narrow free-market agenda of FTAs and the WTO is flawed. Narrow economic values have assumed dominance at the expense of other values. This neo-liberalism of privatisation, market and capital deregulation, tax cuts for the wealthy, reduced social services and replacing the concept of ‘community’ with ‘individual responsibility’ have lead to increased inequality, social exclusion and poverty. Measurements of benefit by Gross Domestic Product (GDP) do not take into account the costs of economic growth and the distribution of benefits. Lack of government regulation and involvement in resource distribution through socio-economic policies and delivery of public services causes increasing socio-economic inequity. This contributes to poor health outcomes and good health is a prerequisite for human development and prosperous economies.

 

The DRS strongly believes health services should not be negotiated in trade agreements. This submission will deal specifically with health implications of economic globalisation and free trade agreements and the ramifications on health care policy.

 

2.  BACKGROUND

 

2.1 Economic Globalisation

 

Many receive no benefit from economic globalisation. Growing inequalities both between and within nations cannot be ignored (Cornia, 1999; World Bank, 1999; World Bank, 2000; UNDP, 2002; UNICEF, 2002). According to the United Nations (UN), the gap between the rich and poor has been growing over the last 50 years and the rate of growth has been greatest during the economic liberalisation of recent decades. Although global wealth has never been greater the distribution is ‘extraordinarily unequal’ (World Bank, 2000).

 

The ratio between the average income of the world’s wealthiest five per cent of people and the poorest five per cent increased from 78:1 to 123:1 in the five years from 1988 to 1993 (UNDP 1999).  The ratio between the income of the richest 20% of the world’s population to the poorest 20% has increased from 30:1 in 1960 to 78:1 in 1994 (UNDP, 1999). In 1990 the annual income per person in industrialised countries was 60 times greater than that in the least developed countries; in 1999 it was almost 100 times greater (UNICEF, 2002). The gap between the average income in the richest 20 countries and the poorest 20 countries has doubled in the past forty years (World Bank, 2000).

 

Reports such as St Vincent de Paul’s Two Australias - Addressing Inequality and Poverty 2001 and Harding and Greenwell’s Trends in Income and Consumption Inequality in Australia highlight growing inequalities in Australia (St Vincent de Paul, 2001; Harding & Greenwell, 2002). Poverty among adults has increased steadily during the past decade (Harding et al., 2001). Benefits from wealth generated in recent decades has gone largely to the wealthiest in society. A comparison of data between the 1993/4 and 1998/9 Household Expenditure Surveys by the Australian Bureau of Statistics (Docs 6530.0) shows Australians in the lowest quintile of household incomes in the five year period received an average weekly increase of $9 - that is a 5% increase to $160 per week. In contrast, the top 20% of income earners over that same period received an average weekly increase of $343 (23.4%) to $1,996 per week.

 

Until the mid-1990s, rising market income inequalities in many OECD nations were offset by progressive tax and public transfer systems (UNDP, 1999). As public spending and investment declines, post-tax and transfer income inequalities in several countries, notably the US, are now growing more rapidly than market income inequalities alone (Aba & Mintz, 2001). Many governments are actively participating in globalisation's upward redistribution of wealth and power. The 'economic stimulus' tax packages in the United States have given three-quarters of US$212 billion in tax relief over three years to the top 10 per cent of taxpayers with six per cent going to the bottom three-fifths of the population. More over, two-thirds of the tax breaks are destined for corporations (Borger, 2001). Thirty six per cent of the most recent US $1.35 trillion tax cuts went to the richest one per cent of taxpayers who have an average annual income of US $1.1 million and get tax breaks to the tune of $80,000 each (Krugman, 2003; Weisbrot, 2003).

 

The neo-liberal, free market agenda may regard inequality as a positive virtue (Margaret Thatcher’s ‘glory in inequality’), inevitable and/or necessary. The proponents may support this with the claim that ‘there are more winners than losers’ and see inequality both as a necessary by-product of a well-functioning economy and as ‘just’, as one’s activities are related to subsequent ‘rewards’ (Coburn, 2000). The ideology is that the free market will generate wealth by stimulating economic growth so that both poorer nations and poorer people within nations will generally be better off. Poverty is claimed to be best reduced through growth-orientated rather than distributive policies.

 

Studies by the United Nations University/ World Institute for Development Economics Research (UNU/WIDER) and the United Nations Development Programme (UNDP) have indicated that benefits and costs of market liberalisation reforms have not been clear cut (Cornia, 1999; Jha, 2000; Singh & Dhumale, 2000; Taylor, 2000). Evidence suggests that for most countries, the last two decades have brought about slow growth and rising inequality (Braun, 1997; Shen & Wiliamson, 1997; Beyer et al., 1999; Cornia, 1999; Harrison & Hanson, 1999).

 

In a report on eighteen transitional and developing countries, evidence indicated that few, if any, found a sustainable growth path, that employment growth was slow to poor and that increasing income inequality was the rule (Taylor, 2000). Analyses have indicated that, compared to the two earlier decades of 1960–1980, economic growth over the last two decades of increasing trade liberalisation (1980–2000) slowed dramatically, especially in the less developed countries. Two exceptions were India and China where the increase in growth began a decade before their opening to trade (Weisbrot et al., 2000). Real GDP per capita in sub-Saharan Africa has halved in relative terms and in Latin America has fallen by 30 per cent from 1971 to 1996 (Woodward, 1996). World Bank evidence from poorer countries undergoing structural adjustment also points to stagnating per capita income, rising poverty and or declining life expectancy (World Bank, 1999).

 

The free market offer of escape from poverty through access to vast export markets does not necessarily advantage small farmers and manufacturers even where the markets are actually open to developing countries. Technologies of large-scale farming and manufacture are reinforced through the conviction that it is advantageous to only produce items you can produce more cost-effectively than elsewhere in the world and then trade them for whatever else you need. This benefits multinational corporations that are capable of investing in large, centralised production facilities which are increasingly concentrated in a few places like China where wages are low and regulations are lax and works against anything that can be done on a small scale or locally. (Venkat, 2003)

 

The argument that free markets enhance welfare by ensuring more efficient production ignores the fact that there are vast multitudes of people with little or no ability to participate in market processes. The more unequal the distribution of income, the fewer are the benefits of growth to poor people (UNDP, 2002). Social factors such as education and health influence economic participation.

 

2.2 Inequality and Health

 

Increasing inequality has serious ramifications for health, as inequality is the most powerful factor affecting population health. Socio-economic inequalities in mortality rates are observed in almost every country for which data is available.  These inequalities are seen for over 75% of all causes of deaths and are found for all age groups (Najman & Davey Smith, 2000). The effect is linear rather than a threshold effect (Adler et al., 1993). Income inequality within a population is an important determinant of both individual and population mortality (Davey Smith, 1996; Wilkinson, 1996; Davey Smith et al., 2002). Cross-national research shows that the greater the degree of socioeconomic inequality within a society, the steeper the gradient of health inequalities (Daniels et al., 1999).  In other words, inequality causes ill health.

 

The US is the ‘richest country’ in the world, but it is not the whole country that is rich - only the one per cent of the population who own 40 per cent of the wealth (Bezruchka, 2000). Of fifteen OECD nations, the USA has the highest level of income inequality (Anderson & Poullier, 1999a) and worse health outcomes. In the USA, life expectancy has consistently been lower and infant mortality higher than other developed nations in the OECD. In ranking for life expectancy of nations in 1997 the USA was 25th, behind all other rich nations and some poor nations (UNDP, 1999).

 

Kerala, one of India’s smaller and poorer states, provides an example of a poor community achieving high health outcomes and literacy levels through redistributive policies such as egalitarian social services and a land tenure system (Franke & Chasin, 1992; Kloos, 1994; Herring & Knight, 1999). There has been radical land reform, public food distribution, special measures for agricultural workers, employment opportunities for low-caste people and health service availability of 100% for urban and 91% for rural people. The literacy rate was around 90% (>86% for women), life expectancy 72 years (national average 61 years) and infant mortality rate of 17 per 1,000 in 1991. The life expectancy in Kerala approaches that of the United States and is greater than that for Washington DC (World Bank, 2000; Wilkinson & Bezruchka, 2002).

 

2.3 Government Regulation and Public Services

 

Resources generated through economic growth do not automatically help the poor or disadvantaged (UNDP, 2001). The free market does not deal with social justice, wealth distribution or inequities. Political, social and legal non-market forces do. Corporations are not society's custodians but commercial entities that act in the pursuit of profit. Their business interests may coincide with society's but this is not guaranteed. Governments are supposed to respond to citizens and act on their behalf (Hertz, 2001).

 

There is an increasing consensus among economists that while markets may be important for a successful economy, there is an essential role for the state (Shaffer et al., 2002). Government regulation is seen to play a positive role in economic growth. The recent much publicised view of Joseph Stiglitz, ex-chief economist of the World Bank, that institutions like the International Monetary Fund (IMF) and the WTO have mismanaged the global economy and exacerbated poverty and hunger in developing countries are an example (Stiglitz, 2002).

 

Governments have traditionally been responsible for distributing and channelling resources, for instance via public services such as health care. The World Bank’s World Development Report 2000/2001 Attacking Poverty stresses the importance of political, state and social institutions along with public investment in education and health in dealing with poverty (World Bank, 2000).The basis of public services is redistribution. Risks are pooled across society and entitlement is based on need not the ability to pay. Government action is required to direct resources towards public social services. FTAs, however, favour market-based as opposed to government-administered structures (Johnson, 2002).

 

2.4 The Free Market in Health Care

 

There are individual and social objectives in health care delivery. Health care reflects societal values and its delivery is influenced by philosophical viewpoints. There may arise a dichotomy between the view that health and health care are a shared civic good with community responsibility and the view that it is an individual responsibility best left to market influences (Siedlecky, 1999/2000). The balance between individual and community responsibility, private and public coverage and the extent of government involvement has been a matter for national policy and debate.

 

There has been a drive towards privatisation and market provision under the neo-liberal push of economic globalisation (World Bank, 1993; Buse & Gwin, 1998). The relatively recent free market definition of health care as a tradable commodity threatens public health strategies and universal health care delivery. It conflicts with public health principles and multiple international accords that define access to health care a basic public health and rights issue (United Nations, 1948; United Nations, 1969; United Nations, 1976; United Nations, 1979; United Nations, 1990).

 

Privatisation and deregulation pose barriers to population health. A UN report concluded that a comparatively high level of government involvement is required to ensure that health services are accessible, efficient and adequately funded (Saltman & Figueras, 1998). Major health accomplishments are products of government action, legislation and regulation (such as vaccination programs, access to safe housing, food and water, education, safety regulations for work places, living spaces, prescription drugs and consumer products) and not the result of unregulated market forces.

 

There are strong reasons why the public sector has generally been the main contributor in the delivery of health care services. These include market failure in the health care sector and that the competitive market does not deal adequately with issues of public interest and equity. In the delivery of health care there are often overriding benefits of public interest that bring about a common good. These factors are not taken into account in the private competitive market. The government has been considered to be the best provider in these circumstances to ensure access and equity. Other advantages of a public system are more effective controls of expenditure limits; monopsonic buying power; low administrative costs; and the ability to better serve population and public health needs as well as individual needs (Chernichovsky, 1995).

 

The situation seen in the USA indicates the failure of market provision of health services backed with only limited government subsidies and involvement. It is more expensive, less efficient, less equitable and has worse health outcomes