If this is inappropriate for this list please tell me, and I will stop forwarding this type of thing. My thinking in sending this to crashlist is that it shows some of the battles that we need to fight now in order to have a hope of ever attaining the kind of society most people on this list would like to see. > >SAND IN THE WHEELS (n�45) >ATTAC Weekly newsletter - Wednesday 23/08/00 > >______________________________ > >Please circulate and distribute. > >This weekly newsletter was put together by the � Sand in the Wheels � >team of volunteers. <[EMAIL PROTECTED]> <http://attac.org> > >To subscribe or unsubscribe: <http://attac.org/listen.htm> > >To download printing >Format RTF http://attac.org/attacinfoen/attacnews45.zip >Format PDF http://attac.org/attacinfoen/attacnews45.pdf >____________________________________________________________ > >Content > >1- Pascal Lamy at ATTAC's Summer University >2- United Nations Body warns of conflicts between TRIPS and Human >Rights >3- Argentina: a sentence on external debt >4- ATTAC Tunisia: update on official harassment >5- A New Game of IMF and WB >6- Stop the IMF and WB > > >______________________________ > >1- Pascal Lamy at ATTAC's Summer University >____________________________________________________________ > >The Summer University starts today in the city of La Ciotat on the >Mediterranean sea. It welcomes 700 "students" for classes on economy >and globalization, and will end Saturday by a general meeting on >international trade. We have just learned that Pascal Lamy, European >Commissioner and head of GD1 will participate to it. The least we can >say is that the exchanges will be highly controversial. Pascal Lamy >was representing the European Union at the WTO Seattle meeting. > >Not only the Summer University will be the cornerstone of our popular >education side, but it will the first start of our newly born >multimedia news agency. Therefore for those of you that aren't able to >pay us a visit it will be possible to "see" us. A website is dedicated >to it. For the moment you can check it at http://216.10.9.55/site/ > > >______________________________ > >2- United Nations Body warns of conflicts between TRIPS and Human >Rights >____________________________________________________________ > >On Thursday 17 August 2000, an important UN human rights body >unanimously adopted a resolution (see attachment) calling into >question the impact of the World Trade Organizations' Agreement on >Trade-Related Aspects of Intellectual Property Rights(TRIPS) on the >human rights of people and communities, including farmers and >indigenous peoples worldwide. > >In the unprecedented resolution, the UN Sub-Commission for the >Protection and Promotion of Human Rights pointed out the dire >consequences on the human rights to food, health and >self-determination if the TRIPS Agreement is implemented in its >current form. Reminding governments of the "primacy of human rights >obligations over economic policies and programmes", the resolution >states that there are "apparent conflicts between the intellectual >property rights regime embodied in the TRIPS agreement, on the one >hand, and international human rights law, on the other". > >Alarmed at the negative prospects from the implementation of the TRIPS >Agreement, the Sub-Commission asked the "WTO, in general, and the >council on TRIPS during its ongoing review of the TRIPS Agreement, in >particular, to take fully into account the existing state obligations >under international human rights instruments". > >"This is a path breaking resolution in more ways than one", stated >Miloon Kothari from the International NGO Committee on Human Rights >in Trade and Investment (INCHRITI), an alliance of eight human rights >coalitions that advocated action by the Sub-Commission on TRIPS. >"First and foremost this timely resolution signifies the resolve of >the UN human rights programme to monitor the work of the WTO. Basing >itself on the provisions of both the UN Covenant on Economic, Social >and Cultural Rights and the UN Convention on Biological Diversity, >this historic resolution has firmly affirmed the primacy of human >rights and environmental obligations over the commercial and profit >driven motives upon which agreements such as TRIPS are based" added >Kothari. > >The resolution comes at a time of intense questioning by developing >country governments of the TRIPS Agreement and its interpretation and >implementation, and of calls by numerous national and international >civil society alliances for the TRIPS Agreement to be brought in line >with human rights and environmental imperatives. > >Stressing that intellectual property rights have to serve public >benefit, and concerned by the true motives of the TRIPS agreement, >the resolution calls upon governments "to integrate into their >national and local legislations and policies, provisions, in >accordance with international human rights instruments and >principles, that protect the social function of intellectual >property". > >According to Peter Prove of the Lutheran World Federation, a human >rights analysis of the interpretation and implementation of the TRIPS >Agreement reveals that "TRIPS has skewed the balance inherent in >intellectual property law systems away from the public interest and >in favour of intellectual property rights holders." He said that, >contrary to some analyses, "intellectual property rights do not have >the character of fundamental human rights, but rather of subordinate >or 'instrumental' rights." > >The resolution marks the beginning of what promises to be an intense >monitoring of WTO work by the UN human rights system. The resolution >asks the UN Secretary General to prepare a report on the implications >of the TRIPS Agreement and options for further action by the >Sub-Commission. The resolution has also called upon the "UN High >Commissioner for Human Rights to undertake an analysis of the human >rights impacts of the TRIPS agreement" > >E/CN.4/Sub.2/2000/7 > >COMMISSION ON HUMAN RIGHTS >Sub-Commission on the Promotion >and Protection of Human Rights >Fifty-second session >Agenda item 4 > >THE REALIZATION OF ECONOMIC, SOCIAL AND CULTURAL RIGHTS > >Intellectual Property Rights and Human Rights > > >The Sub-Commission on the Promotion and Protection of Human Rights, > >Reaffirming that, as declared in article 28 of the Universal >Declaration of Human Rights, everyone is entitled to a social and >international order in which the rights and freedoms set forth in the >Universal Declaration can be fully realized, > >Stressing the need to work towards the realization for all people and >communities of the rights, including to food, housing, work, health >and education, enshrined in the International Covenant on Economic, >Social and Cultural Rights, >Recalling its resolutions 1998/8, 1998/12, 1999/8, 1999/29 and >1999/30, and resolution 1999/59 of the Commission on Human Rights, > >Noting the statement of the UN Committee on Economic, Social and >Cultural Rights to the Third Ministerial Conference of the World Trade >Organization (WTO) (26/11/99.E/C.12/1999/9), >Welcoming the preliminary report submitted by J. Oloka-Onyango and D. >Udagama on 'Globalization and its impact on the full enjoyment of >human rights' (E/CN.4/Sub.2/2000/13), > >Noting the provisions of the Convention on Biological Diversity, which >echoes the International Covenant on Economic, Social and Cultural >Rights on the right to self-determination and on the balance of rights >and duties inherent in the protection of intellectual property rights, >and its provisions relating to, inter alia, the safeguarding of >biological diversity and indigenous knowledge relating to biological >diversity, and the promotion of the transfer of environmentally >sustainable technologies, > >Aware of the World Trade Organization Agreement on Trade-Related >Aspects of Intellectual Property Rights (TRIPS), and of its current >review by the World Trade Organization Council on TRIPS, > >Aware also of the panel discussion organized by the World Intellectual >Property Organization on 9 November 1998 on 'Intellectual Property and >Human Rights', > >Noting the Human Development Reports 1999 and 2000, which identify >circumstances attributable to the implementation of the TRIPS >Agreement that constitute contraventions of international human rights >law, > >Noting also that members of the Working Group on Indigenous >Populations, participants at the World Intellectual Property >Organization Roundtables on Intellectual Property and Indigenous >Peoples (23-24 July 1998 and 1-2 November 1999), and representatives >of indigenous peoples have called for adequate protection of the >traditional knowledge and cultural values of indigenous peoples, > >Noting furthermore that actual or potential conflicts exist between >the implementation of the TRIPS Agreement and the realization of >economic, social and cultural rights in relation to, inter alia, >impediments to the transfer of technology to developing countries, the >consequences for the enjoyment of the right to food of plant variety >rights and the patenting of genetically modified organisms, >'bio-piracy' and the reduction of communities' (especially indigenous >communities') control over their own genetic and natural resources and >cultural values, and restrictions on access to patented >pharmaceuticals and the implications for the enjoyment of the right to >health, > >1. Affirms that the right to protection of the moral and material >interests resulting from any scientific, literary or artistic >production of which one is the author is, in accordance with article >27, paragraph 2, of the Universal Declaration of Human Rights and >article 15, paragraph 1 c), of the International Covenant on Economic, >Social and Cultural Rights, a human right, subject to limitations in >the public interest; > >2. Declares, however, that since the implementation of the TRIPS >Agreement does not adequately reflect the fundamental nature and >indivisibility of all human rights, including the right of everyone to >enjoy the benefits of scientific progress and its applications, the >right to health, the right to food, and the right to >self-determination, there are apparent conflicts between the >intellectual property rights regime embodied in the TRIPS Agreement, >on the one hand, and international human rights law, on the other; > >3. Reminds all Governments of the primacy of human rights obligations >over economic policies and agreements; > >4. Requests all Governments and national, regional and international >economic policy forums to take international human rights obligations >and principles fully into account in international economic policy >formulation; > >5. Requests Governments to integrate into their national and local >legislations and policies, provisions, in accordance with >international human rights obligations and principles, that protect >the social function of intellectual property; > >6. Further requests inter-governmental organizations to integrate into >their policies, practices and operations, provisions, in accordance >with international human rights obligations and principles, that >protect the social function of intellectual property; > >7. Calls upon States Parties to the International Covenant on >Economic, Social and Cultural Rights to fulfil the duty under articles >2, paragraph 1, 11, paragraph 2, and 15, paragraph 4, to cooperate >internationally in order to realize the legal obligations under the >Covenant, including in the context of international intellectual >property regimes; > >8. Requests the World Trade Organization, in general, and the Council >on TRIPS during its ongoing review of the TRIPS Agreement, in >particular, to take fully into account the existing State obligations >under international human rights instruments; > >9. Requests the Special Rapporteurs on globalization and its impact on >the full enjoyment of human rights to include consideration of the >human rights impact of the implementation of the TRIPS Agreement in >their next report; > >10. Requests the United Nations High Commissioner for Human Rights to >undertake an analysis of the human rights impacts of the TRIPS >Agreement; > >11. Encourages the Committee on Economic, Social and Cultural Rights >to clarify the relationship between intellectual property rights and >human rights, including through the drafting of a general comment on >this subject; > >12. Recommends to the World Intellectual Property Organization, the >World Health Organization, the United Nations Development Programme, >the United Nations Conference on Trade and Development, the United >Nations Environment Programme and other relevant United Nations >agencies that they continue and deepen their analysis of the impacts >of the TRIPS Agreement, including a consideration of its human rights >implications; > >13. Commends the Conference of Parties to the Convention on >Biodiversity for its decision to assess the relationship between >biodiversity concerns and intellectual property rights, in general, >and between the Convention on Biodiversity and TRIPS, in particular, >and urges it also to consider human rights principles and instruments >in undertaking this assessment; > >14. Encourages the relevant civil society organizations to promote >with their respective Governments the need for economic policy >processes fully to integrate and respect existing human rights >obligations, and to continue to monitor and publicize the effects of >economic policies that fail to take such obligations into account; > >15. Asks the Secretary-General to provide a report on this question at >its next session. > >17th August, 2000 >[Adopted without a vote] > > >______________________________ > >3- Argentina: a sentence on external debt >____________________________________________________________ > >On July 14th - almost coinciding with the G7 sumit in Okinawa - the >Argentinian judge Jorge Ballesteros pronounced his verdict in the >trial initiated by Alejandro Olmos (recently deceased) - the trial in >which Argentinia's external debt, contracted during the military >dictatorship of 1976-1982, was in the dock. > >Unable to prosecute any of those responsible, because the statutory >time limit for legal action had gone by, the verdict nevertheless >stigmatizes a wide spectrum of undemocratic practices, typically >associated with external debt and known to the IMF, which had harmful >effects on the country. > >The judge's conclusions, when passing sentence, referred notably to: >the despotic ways of both high-level political representatives and >leaders of big private and public corporations; the non-respect of the > "Organic Chart of the Central Bank"; the alteration of legal >instruments to enable the jurisdiction of foreign judges; the absence >of commercial records concerning the external debt; the obligation, >for public enterprises, to incur debts in order to obtain foreign >currencies in an exchange market controlled by the Central Bank; and >to the lack of checks on loans contracted with state consent. > >Among the 477 facts noted, the external loans contracted by YPF (the >petroleum company which - at the time - was a public enterprise) >constitute a goos example. These loans had the consent of the >National Treasury. When payment was not made on time (a far from >exceptional circumstance), the debt was transformed into a public debt >via an "exchange insurance" mechanism, which socialized the costs >while compromising public funds. > >IMF officials who supervised the economic negotiations were aware of >the existence of an explicit link between external debt and short-term >capital coming from abroad, attracted by high interest rates and the >corresponding sacrifices in the national budget. > >Because of the aforementioned time limit for taking legal action, the >only action attempted did not, of course, get as far as prosecution. >But, according to the court, this does not prevent the Congress of the >Nation from making an estimate of the consequences and determining the >political responsibilities of those who, at the time, provoked the >enormous size of the Argentinian debt. > >After carrying out an enquiry, the fiscal authorities affirmed that >the intentions behind the economic policies followed from 1976 to 1983 >were contrary to the interests of the nation. > >The court's conclusions will serve as a basis for the analysis which >should be carried out to check the legitimacy of each loan. Back in >1984, the constitutional government warned the IMF about the >pre-existing conditions, demanding more favourable conditions for >honouring the debt. It seems that the time has come to insist on these >demands. > >That is why a copy of the sentence will be sent to the Congress of the >Nation, demanding that it adopt the most appropriate measures to >obtain more favourable terms concerning the nation's external debt. > >Yes to life, No to debt!! >Dialogo 2000 - Argentina > >First published in Correo Infomativo n� 46 >[EMAIL PROTECTED] >Translation Barbara Strauss [EMAIL PROTECTED] > > >______________________________ > >4- ATTAC Tunisia: update on official harassment. >____________________________________________________________ > >When is the harassment of RAID (Attac Tunisia) going to stop? > >RAID is a peaceful and legally constituted non-profit organisation. >Mohammed CHOURABI, co-founder of RAID, was recently jailed, then >tried, for "maintaining an unrecognized organisation" and "spreading >false information liable to disturb public order." Recently, the >renewal of his passport was refused, although this is a right >guaranteed by the Universal Declaration of the Rights of Man, as well >as by the Tunisian constitution and current legislation. > >Just a few days previously, Mohammed CHOURABI was notified of a >month's cut in his salary for "non-accomplished service" - which is to >say, unjustified absence. He had been arbitrarily jailed in Mornag >from April 8th to May 8th 2000. > >Fathi CHAMKH, President of RAID, was also jailed and then tried under >the same charges. Since then, he suffocates under police >surveillance: three units of special agents take turns to watch his >house. By their presence, they terrorise the neighbours and >intimidate both family members and those friends who still call round, >sometimes going so far as to interrogate them in the street. One >person was even offered money by an agent to give information on what >Fathi CHAMKHI did and said in private.There is constant interference >on his telephone line and his mail is checked. > >On June 24th, the RAID affair came up for trial at the Court of First >Instance in the town of Grombalia (30 km south of Tunis). Fathi >CHAMKHI and Mohammed CHOURABI were each sentenced to a month in jail >for "maintaining an unrecognized organisation". Fathi CHAMKHI was >fined 100 dinar (about $100) for "spreading false information liable >to disturb public order". The two accused have appealed against the >sentence. The public prosecutor, in turn, has appealed, demanding >maximum sentences. > >RAID deplores the persistently hostile attitude of the authorities >towards its members, and demands an end to all conduct detrimental to >their fundamental liberties. In particular, we demand the renewal of >Mohammed CHOURABI's passport, and the payment of the month's salary >which has been unjustly withheld. We also demand removal of the police >surveillance which seriously impairs the private life of the President >of RAID, Fathi CHAMKI. > >The same authorities still refuse to carry out the necessary >formalities for RAID to appear as a recognized organisation in the >official gazette. This places irksome constraints on the activity of >the organisation, and prevents it from fully playing its part in >mobilizing citizen resistance to liberal globalization and its >continual aggressions against the vital interests of the Tunisian >people. > >For RAID (Attac Tunisia) >The President, >Fathi CHAMKHI >[EMAIL PROTECTED] > > >______________________________ > >5- A New Game of IMF and WB >____________________________________________________________ > >'Turkish Government is trying to eliminate job security for public >servants' > >After several constitution changes (adoption of WTO dispute settlement >procedure for all trade and investment disputes, changing Constitution >in order to include the provision for privatisation and other changes) >which were made in last 13 months by Turkish Coalition Government >following IMF's directions, now the Council of Ministers prepared a >new regulation in order to eliminate job security which is a basic >rights for public servants for more than 50 years. The Government has >used 'terrorism' as an argument and alleged that, by this regulation >only extreme wings within public enterprises will be eliminated. >However according to this new regulation people will be forced to >denounce their colleagues it's because their political and trade union >activities and also all public servants who are from left wing will be >dismissed by using every opportunity. On the other hand, the new >President of Turkey sent it back to the Government by using the right >to veto and he declared that! > >This change only could be done by the decision of Parliament, not by >the Council of Ministers. According to the Constitution of Turkey the >President has to adopt it if the Council of Ministers resend this >regulation to Presidency without making any change. And unfortunately >the Government did it. Now, the destiny of ten thousands of public >servants is in the hand of President. However the President has only >two chances; the first one is to adopt the regulation and second one >is to take this case to the Constitution Court. In peoples opinion the >President can not reject it second time because he knows well that the >power which made him President has come from the Government. > >In the mean time, Standard&Poors and Moody's yesterday announced the >trues and falses of exist Turkish Government by declaring that they >will determine the credit grade for Government in next months. In this >announcement they warned the Government to keep wage increases for >public servants and blue collars on the lowest level but also for >workers in private sector. As from September, for many sectors the >group collective bargaining process will start. But even from now the >pressures -to keep wage increase on minimum level- from international >institutions have started to come. > >Another initiative of the Government was to introduce a new circular >which aims to bring flexibilisation (deregulation) for employees >including medical doctors in public health institutions. According to >this new circular which was passed in February, employees are being >forced to work in flexible working conditions, with very long hours. >The main target of circular is to sicken both the people who go to >hospitals due to their sickness and employees. Even from now, people >have started to complain about services they got because the quality >of services reduced due to long working hours and now the people think >that to privatise these health institutions could be better. Employees >are complaining about working time and uncetainities for several >aspects. > >On the other hand the most powerful State High Scholls particularly in >big cities are being prepared for privatisation. In some State schools >the foreign corporates are invited to open their shops and to sell >their products to the youngs. One of these corporates is Lewis CO. >After > >Mc-Donald's and some domestic and foreign Banks now Lewis has started >to undertake to be able to enter into State school capuses. In these >very successful schools rich and poor students are together. Of course >the aim of corporates is not to reach to poor students. But by that >way it's inavoidable to maximise the inequalities between poor and >rich and to exclude poor students from these schools. If you ask to >the teachers what the reason for these initiatives of corporates was, >they usually tell that they want to teach so called 'economy' by >carrying out pratically. > >Like happened every where , also in Turkey the capitalists have taken >very big steps in order to turn patients and students to 'customer' >and doctors and teachers to 'merchant'. > >Long live -new full liberal capitalism-!!! > >Despite the MAI was failured, the trials and efforts to remove all >''barriers'' (gained social rights and existed environmental >standards) in front of profits for corporates are still going on in >lots of countries around the world. It's clear that, if we do not >organise 'new Seattles' everywhere, if we concentrate only on the >problems happened in our region and if we can not change this system >by bringing our powers together the attacks of corporate world will >increase day by day till they make all peoples captive. > >Turkey-Working Group Against MAI and Globalisation > >Gaye Yilmaz >e-mail: [EMAIL PROTECTED] >e-mail: [EMAIL PROTECTED] >web: www.antimai.org > > >______________________________ > >6- Stop the IMF and WB >____________________________________________________________ > >GET ON THE BUS TO PRAGUE > >On the 26th of September 2000, 20.000 bankers and government >delegations will come to Prague for the annual meeting of the >International Monetary Fund and the World Bank. From all across Europe >people will come to Prague to demonstrate against this meeting. > >The IMF and the World Bank are responsible for huge suffering in the >world. These are the organisations which force the Third World to pay >a 900 billion US dollar 'debt' to Westerns bankers and governments. > >These are the organisations which forced so called 'Structural >Adjustment Programs' onto the governments in South East Asia after >the crisis hit those countries in 1997, i.e. large scale >privatisation, huge cut programs on education and health care, mass >sacking, lowering of the minimum wage and the restriction of union >rights. Also the environment is placed at risk: more than 55 percent >of the subsidies on energy from the World Bank is spent on oil, gas >and coal projects (thus supporting big multinationals); less than 3 >per cent is meant for projects involving green energy. The use of >fossil energy is the single largest cause of the climate change. > >We live in a world in which wealth has increased enormously the past >two decades. But the three richest persons in this world own just as >much as the 48 poorest countries; 1.2 billion people in this world >have to survive on less than 1 dollar a day; every year 17 million >children die of curable diseases. The past twenty years, the gap >between the richest and the poorest countries has become increasingly >bigger. But not only the gap between the richest and the poorest >countries; according to UNICEF, one out of six children in the rich >West itself lives in poverty. Wages have been increasing little more >than the level of correction of inflation. On the other hand, stock >profits and management salaries have been booming like never before. > >The IMF and the World Bank want a world in which inequality is bigger, >in stead of smaller; in which profit for a small minority means lower >wages, worse working conditions and less power for the unions for the >large majority; in which there is no room for a healthy environment. > >The decisions being made by the IMF and the World Bank and the totally >uncontrollable and undemocratic way in which they make them, have >provoked mass protest over the last few months. Tens of thousands of >people demonstrated against the World Trade Organisation (WTO) in >Seattle last November and against the IMF and Worldbank in Washington >DC in April. > >Prague offers the opportunity of bringing the anti-capitalist mood to >the heart of Europe. Just as in all other countries in Europe we have >to go to Prague with as many people as possible and protest in Holland >as well. Then we have the opportunity to show Europe and the rest of >the world that the IMF and the World Bank cannot make their decisions >just like that. Then we have the chance of repeating the success of >Seattle and shutting down their meeting or at least influence the >outcome of it. > >Bus transport to Prague - both to the whole actionweek (21-28 >September) and to the S26 mass demonstration on the 26th. > >Contact immediately [EMAIL PROTECTED] for details. >For bus transport Duthchmen may contact [EMAIL PROTECTED] >Danes (Scandinavians) may contact [EMAIL PROTECTED] > >ATTAC in The Netherlands [EMAIL PROTECTED] > > ________________________________________________________________________ Get Your Private, Free E-mail from MSN Hotmail at http://www.hotmail.com _______________________________________________ Crashlist resources: http://website.lineone.net/~resource_base To change your options or unsubscribe go to: http://lists.wwpublish.com/mailman/listinfo/crashlist
