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The Malaysia -US Free Trade Agreement talks has been halted after the 5th round due to 58 contentious issues that cannot be agreed by both parties. Among these issues are labour, patents, GM food labelling and rice tarrifs. 2 weeks back, Datuk Rafidah Aziz have had a briefing with all the ministries to give their feedback on this 58 contentious issues. The feedback is expected to be given on 28 February 2007.

Thus in order to intensify pressure the government not to make decisions in the haste and inform the public what are the 58 contentious issues , a NATIONWIDE FAXING CAMPAIGN is being planned on the 26/02/2007 & 27/02/2007 .

The 28/02/2007 dateline shows that the agreement is trying to be signed in a hurry and feedback from the ministries are also done in a haste. Despite numerous letters and memorandums sent on our concerns, the government have not addressed our concerns. They are just pushing through the talks very fast without getting feedback from the civil society, unions, NGOs , parliament members and the people of Malaysia. In this process , the Malaysian citizens or the parliament are not aware what is being negotiated and what are we trading off. We are not even informed what the 58 contentious issues are that is currently the deal breakers.

In this situation, if the Malaysian government goes ahead and signs the FTA with the US , we don’t know what is being traded off and we will be facing more economic problems, increase in medicine prices, job losses, local industry unable to compete with US companies and the list goes on. (To know more:www.ftamalaysia.org)

The Coalition Against FTA is urging all NGOs, community organizations and concerned citizens to fax in their protest letters against the Malaysia-US FTA on the 26/02/2007 & 27/02/2007 to the Prime Minister’s office and Dato’ Rafidah’s office. Fax in as many protest letters as you can, if possible please get each member of your organization to fax in the protest letter to the PM’s office and Dato’ Rafidah’s office. A sample letter has been included for your reference.

Details of the campaign:

Date : 26 &27 February 2007

Time : 8am-5pm

We in the coalition hope that you will give full support for this campaign. Let’s JOIN FORCES TO OPPOSE THE MALAYSIA-US FTA which is going to TRADE AWAY OUR LIVES AND RIGHTS.

If you have further inquiries please call Kohila :0192275982. Please mail us a copy of yr protest letter to jerit2002[at]gmail.com

Thank you.

Kohila

Gabungan Rakyat Membantah FTA US-MAlaysia

Sample letter of protest

Letter Head Organisation

Y.A.B. Dato’ Seri Abdullah bin Haji Ahmad Badawi
Perdana Menteri Malaysia
Pejabat Perdana Menteri,
Blok Utama, Bangunan Perdana Putra,
Pusat Pentadbiran Kerajaan Persekutuan,
62502 Putrajaya
No Faks: 03-8888 3444
E-mail: ppm@pmo.gov.my

Y.B. Dato’ Seri Rafidah binti Abd. Aziz
Menteri Perdagangan Antarabangsa & Industri
Kementerian Perdagangan Antarabangsa
Tingkat 14, Blok 10
Kompleks Pejabat Kerajaan, Jalan Duta,
50622 Kuala Lumpur
No Faks: 03-6201 2301
E-mail: webmiti@miti.gov.my

WHAT ARE THE 58 ISSUES ? STOP ALL FASTRACK NEGOTIATIONS

We , ___________________________ , are concerned that the Minister of International Trade and Industries is optimistic to conclude US-Malaysia FTA by March , 2007 despite many outstanding issues We are concerned that ;

· THE MINISTER HAS FAILED TO INFORM THE RAKYAT OF THE KEY IMPLICATIONS OF THE FTA

· ONLY NOW AFTER THE 5TH ROUND OF TALKS , CABINET MINISTERS ARE BEING BRIEFED AND REQUESTED TO GIVE FEEDBACK

· THE MINISTER FAILED TO HALT TALKS UNTIL OUTSTANDING CONTENTIUOS ISSUES ARE RESOLVED

We understand that Cabinet Ministers have been asked to provide their feedback, probably this week, on 58 contentious issues that are holding up the negotiations on the Malaysia-US FTA.

Even though the Minister has claimed that Malaysia will not bow to US pressure but the Malaysian government continue to follow the US timetable in rushing into a deal by next month. The US has reportedly imposed an end-March deadline before its fast track authority runs out at the end of June this year.

WHAT ARE THE 58 CONTENTIUOS ISSUES ??

We ,the coalition , suspect among the 58 contentious issues are ;

- intellectual property rights and access to affordable medicines;

- impact on local farmers and rice self-sufficiency;

- food safety related to labelling of genetically modified (GM foods).

These issues have to be properly and sufficiently addressed, with a full consideration of all the costs and benefits, and in consultation with the public. Ministries have been given only two weeks to study such serious issues !

1 Access to affordable medicines

A patent on a medicine means that no other company can import or make a generic version of the medicine until the patent expires (unless it is via compulsory licence). Because a patent is a monopoly, so the patent owner can charge as high a price as they like, patented medicines in Malaysia can be 1,044% more expensive than their generic equivalents.

Based on other US FTAs, a Malaysia-US FTA is likely to mean more medicines are patented, the patents last for longer and even when there is no patent, there will be a monopoly on medicines for a number of years via ‘data exclusivity’.

Malaysia was a world leader when it issued a compulsory licence for patented medicines to treat HIV/AIDS. This allowed a cheaper generic version to be imported, which more than doubled the amount of patients who could be treated. Compulsory licensing will be more difficult if a US FTA is signed.

The Malaysian Government must recognise the right to health for Malaysian children, because it has signed the United Nations Convention on the Rights of the Child. In response to questions from the UN Committee on the Rights of the Child about the impact of an FTA on its human rights obligations, the Attorney General stated that ‘generic drugs should not be restricted in any manner’ and implied that a Malaysia-US FTA could result in more expensive medicines, adding that Malaysia is not going to negotiate on this issue.

We thus call on the Malaysian government to ensure that the US FTA does not result in stronger intellectual property protection that could jeopardise Malaysians’ access to affordable medicines. Affordable medicines are a matter of life and death for all Malaysians and this is an issue on which there must be no compromise in any FTA negotiations.

RICE

According to the 9th Malaysia Plan, Malaysia is aiming for 90% rice self-sufficiency. If Malaysia’s 40% tariff on US rice has to be reduced to 0% under the US FTA, will Malaysia’s rice farmers be able to compete with the massively subsidised US rice?

D ato’ Seri Rafidah Aziz has promised that rice will not be included in the Malaysia-US FTA negotiations. The Cabinet, according to Agriculture Minister Tan Sri Muhyiddin Yassin, had decided that the Government would not compromise on the livelihood of local farmers.

BUT The coalition understands that the US is opposed to Malaysia’s proposal to exclude rice. THERE IS NO ASSURANCE UNTIL NOW THAT THE US HAS AGREED TO EXCLUDE RICE !

Rice is a staple food for all Malaysians and this is a non-negotiable issue. We call on the Government to disclose whether the US has agreed to exclude rice from the FTA talks, and to keep its promises to Malaysian rice farmers.

GM LABELLING

Under the legislation which grants the US Trade Representative negotiating authority for the FTA, labelling that affects new technologies including biotechnology, is viewed as an unjustified trade restriction, even though labelling is allowed under the WTO.

Industry groups, in their public submissions to the US Trade Representative, are not in favour of mandatory labelling for genetically modified (GM) foods. They oppose Malaysia’s Biosafety Bill, which requires mandatory GM food labelling. In particular, AMCHAM Malaysia/US Chamber of Commerce insist that this “should be firmly opposed by the U.S. in the FTA Negotiations”.

Such comments on our national right to legislate and safeguard Malaysians from the potential impacts of GM foods are highly inappropriate, given that the Bio Safety Bill has already been approved by the Cabinet and has been presented to Parliament.

Labelling of GM food is a consumer right, allowing Malaysians to choose whether or not we want to eat GM food, especially as there could be potential health effects and religious/ethical concerns.

We call on the Malaysian Government not to bow to pressure in the FTA negotiations to change its biosafety policies and laws, and to continue to insist on mandatory GM food labelling.

1. THE COALITION DEMANDS MITI TO BE TRANSPARENT AND REVEAL ALL THE 58 CONTENTIUOUS ISSUES TO THE RAKYAT !

2. THE MALAYSIAN GOVERNMENT MUST ALSO DO A COST AND BENEFIT ANALYSIS AND ANNOUNCE THE RESULTS OF THE ANALYSIS TO THE MALAYSIAN PUBLIC.

3. THE MINUTES OF THE NEGOTIATIONS AND DISCUSSION ISSUES BETWEEN MALAYSIA AND THE US INTHE AGREEMENT SHOULD BE ANNOUNCED TO THE PUBLIC.

4. A FEEDBACK MECHANISM SHOULD BE ESTABLISHED SO THAT THE PUBLIC WOULD BE ABLE TO VOICE THEIR CONCERNS AND RESPONSE ON THE EFFECT OF US-MALAYSIA FTA.

5. A OPEN AND TRANSPARENT DISCUSSION SHOULD BE HELD WITH ALL PEOPLE’S ORGANISATION, NON GOVERMENTAL ORGANISATION, HUMAN RIGHTS COMMISSION, POLITICAL PARTIES AND WORKERS UNION TO INFORM THE DEVELOPMENTS IN THE NEGOTIATIONS AND TO GET FEEDACK FROM THE VARIOUS GROUPS.

6. UNTIL THE GOVERNMENT IMPLMENETS ALL THIS , ANY FURTHER NEGOTTIATIONS OR TALKS ON THE MALAYSIA –US FTA SHOULD BE HALTED.

Name :

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