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The Alliance to Expose GATS (AEG) along with other community groups is
calling for a senate inquiry into the GATS. The following letter was sent in July to members of the
Australian Senate
Dear Senator,
RE: The General Agreement on Trade in Services (GATS) of the World Trade Organisation (WTO)
and negotiations leading to the Fifth WTO Ministerial Conference in Mexico 2003.
The Doctors Reform Society (DRS) has grave concerns about the threat of the GATS to public health,
the Pharmaceutical Benefits Scheme and Medicare. Along with other community groups, the DRS is
calling for a Senate Inquiry into the implications for Australia of the GATS.
The DRS calls for openness, transparency and accountability in the negotiations leading to the Fifth
WTO Ministerial Conference. We believe the government must make public all relevant information on
the current negotiations, including details of specific commitments both sought by and sought from
Australia. The Federal Government must submit all policies on GATS to full parliamentary debate and
vote before any more commitments are made.
Australian service sectors are already automatically committed to the full range of general obligations of
the GATS. While Article 1.3 (b) of the GATS states services supplied in the exercise of government
authority are exempt from GATS obligations, 1.3 (c) states "a service supplied in the exercise of
governmental authority" means any service which is supplied neither on a commercial basis, nor in
competition with one or more service suppliers. This clearly opens most public services including
healthcare to the provisions of the GATS.
The WTO itself has stated: 39. The hospital sector in many countries, however, is made up of
government- and privately- owned entities which both operate on a commercial basis, charging the
patient or his insurance for the treatment provided. Supplementary subsidies may be granted for social,
regional and similar policy purposes. It seems unrealistic in such cases to argue for continued application
of Article 1:3 and/or maintain that no competitive relationship exists between the two groups of
suppliers or services. In scheduled sectors, this suggests that subsidies and any similar economic
benefits conferred on one group would be subject to the national treatment obligation under Article
XVII. (WTO, Council for Trade in Services, Health and Social Services: Background Note by the
Secretariat, S/C/W/50 18 September 1998: 11).
Australia's GATS commitments regarding health have neither been clearly defined nor adequately
debated. It is alarming that the Australian government and the Department of Foreign Affairs and Trade
do not consider Australia's current specific commitment to 'liberalise' dental services to be a healthcare
commitment. Dental services are found in the GATS in the 'Business' section under 'Professional
Services' rather than within 'Health Related and Social Services' and this has allowed governments to
claim they have not yet signed off important health services. This is an example of how commitments
can slip through without the consequences being addressed.
Community interests and concerns need to be taken into account as there will be profound long-lasting
consequences for Australian society. The DRS requests senators to support a Senate Inquiry and that
details of requests Australia has lodged and requests made of Australia be made public.
Yours sincerely,
Dr Tracy Schrader
on behalf of the Doctors Reform Society
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