ndentico

Civil society involvement in international law making:: 

Civil society involvement in international law making: towards the development of global democracy and global ethics Nicoletta Dentico MSF, Access Campaign NDG meeting, Penang 7th February 2004

Heading towards an Essential Health R&D Treaty?Some useful and inspiring precedents: 

Heading towards an Essential Health R&D Treaty? Some useful and inspiring precedents The Treaty to Ban Landmines - Ottawa, December 1997 disarmament, humanitarian law, defense policy The International Criminal Court (ICC) - Rome, July 1998 international law, criminal law, human rights law, humanitarian law The Framework Convention on Tobacco Control (FCTC) – Geneva , May 2003 public health

 Different responses to global issues demanding global solutions  successful stories out of entirely innovative ideas: 

Different responses to global issues demanding global solutions successful stories out of entirely innovative ideas MBT – A new approach on disarmament: setting up a group of pro-ban countries to drive the process towards a convention out of the classical UN framework (i.e. alternative to the 1980 Conventional Weapons Convention); ICC - A new important step towards an international legal order, less based on state sovereignty and more oriented towards the protection of all citizens of the world from abuse of power. FCTC – A new process on public health: the idea of a Convention that utilises international law to further public health was unheard of. Today, the FCTC is the world’s first multilateral convention specifically focussing on a public health issue (art. 19 of the WHO Constitution)

ongoing global mobilisations, by civil society and governments alike, towards universalisation: 

ongoing global mobilisations, by civil society and governments alike, towards universalisation The Mine Ban Treaty, now at the eve of its first Review Conference was the fastest entry into force of any major treaty in history, with currently 139 member states and 11 signatories The ICC, officially came into existence on 1st July 2002, two months after 60 countries had ratified it. FCTC still at some distance from adulthood: 73 signatories, 2 state parties, needs 40 ratifications to get enforced.

Long term commitment! It takes time to produce change…..patience is revolutionary: 

Long term commitment! It takes time to produce change…..patience is revolutionary Landmines Treaty : from the first joint ban call in 1992 to signing of the treaty in December 1997, and finally entry into force in March 1999 International Court: from the first plan in 1949 (closed with the onset of the Cold War), to the Trinidad/Tobago proposal to UNGA in 1989, to the first draft in 1993 by the International Law Commission, to the PrepCom in 1995 through the 1996 sessions, up to the Rome Conference and the adoption of the Statute in July 1998 The Tobacco Convention: from the first idea in 1993 to the WHA Resolution in 1995, through meetings and hearings, to the unanimous adoption of the Convention in May 2003

Strenghts and Weaknesses: 

Strenghts and Weaknesses Tobacco coalition + Clear focus on tobacco control + Strenght of the argument: impact of tobacco use, an easy to grasp message + the WHO role, exercising its constitutional mandate to negotiate the Convention Weak support from Member States Strong opposition – and undue interference - from tobacco industry and tobacco growers worldwide Prediction of sudden and massive job losses: the economic factor Perception of threats to national sovereignty The banalisation of the “cigarette” product Landmines movement + focus on a single weapon + a highly emotional contact + easy to catch message + the weapon not militarily vital + not significant economically + the employment motive not relevant virtually uniform opposition from governments Widespread deployment of mines Landmines as accepted as bullets 125 nations with landmines stockpiles Landmines used in 88 countries Cheap, low-tech, reliable substitute for manpower Focus for military/anti terrorist R&D for richer nations (USA)

Could civil society make the difference?: 

Could civil society make the difference? The emergence of a global civil society and the development of a more people-empowering international rule of law are two interrelated features The input of global civil society in the process which led to the adoption of the ICC Statute has been almost unprecendented in international treaty negotiations, rivalled only by its contribution to the Landmine Ban Treaty, concluded six months earlier. Civil society involvement “fills in gaps arising from a democratic deficit in international decision-making process” (Adriaan Bos, the Dutch Chair of the ICC negotiations until the Rome Conference)

The international network of concerned individuals: an alternative mechanism for democratising global governance: 

The international network of concerned individuals: an alternative mechanism for democratising global governance It is possible for NGOs to put an issue – even one with international security implications – on the agenda, provoke urgent action by governments and other institutional actors, serve as the ongoing driving force behind change. Civil society holds the expertise on a specific subject matter, and often direct experience with reality: it can reach the poorest sections of the community It can promote access and give voice to unheard groups Civil society is capable to develop alternative proposals. These are debated through arguments on their merits rather than on the basis of vested interests It contributes to improving transparency for and accountabililty to a wider public Civil society diminishes power distortions among states

Some lessons learnt…..: 

Some lessons learnt….. Rapid success internationally can be achieved through well thought coordinated action by NGOs, like-minded governments, other key actors like UN agencies, academia, the media, etc. Concerted action produces change…and defections! The rationale of the argument in a given subject matter needs to be developed from different angles – juridical, technical, economic, humanitarian, financial, moral. The bottom up approach is key: top down does not work. People’s ideas and participation is essential….from north and south An ambitious goal, with a strong message, can trigger off action + mobilize local groups even in countries where there’s a weak civil society (Mozambique 92 – Kabul 97) It is possible to work outside the traditional diplomatic fora, practices and methods

More lessons: 

More lessons Civil society can exercise a “barometer” function towards governments and state delegates (the shifting supports to a position) Once the diplomatic critical mass has been developed, even non like-minded countries come around….and take their unilateral steps. The story is not over once you have the Convention: achievements to be monitored (cfr. The Landmine Monitor Report, the Tobacco Free Initiative) NGOs are crucial in the implementation stage and in making sure that parties to a convention abide by their formal commitments (exposing them when they do not)

And finally…..: 

And finally….. The process, creatively built along the way, is just as important as the achieved outcome “The FCTC has broadened the perspective of tobacco to an issue that requires ongoing commitment from all government departments, not just ministries of health […] Similarly the Convention expanded responsibility for tobacco issue from WHO to other UN agencies, some of which had hitherto been minimally involved with tobacco” “the FCTC has had a major impact on NGOs. Prior to 1993, there were only a handful of NGOs devoted solely to tobacco issues, and most of them functioned independently of one another. The FCTC changed this isolation…” (Judith Mackay, TFI, WHO)

What we need to remember for the essential health R&D treaty: 

What we need to remember for the essential health R&D treaty Definitions (treaty language): often the most controversial part of the negotiation Partnership pays, both tactically and strategically Build a core group of liked-minded countries…and enlarge it NGOs need to be inside the negotiation, too Non traditional diplomacy can work. Pro-ban governments decided to pursue a “fast track” approach, outside of traditional negotiating fora Say NO to consensus Promote regional diversity and solidarity, outside the typical blocs-logic of traditional diplomatic alignments

Conclusion…….: 

Conclusion……. According to a senior US trade negotiator, probably less than 50 people are responsible for the TRIPS Agreement, according to many, the R&D Treaty currently in place. It took those 50 long meetings and sessions, years to promote the concept, yet support was lukewarm at the end of the Tokyo Round, and very few people would have bet on an agreement like TRIPS at the start of the Uruguay Round: the sore end of the story is that globalisation of vested interets prevailed. In the difficult era of global unilateralism, the politics of peole and networks that civil society can bring is the material out of which we can try the globalisation of rights and responsibilities, towards a governance of globalisation. Civil society as people’s action for the future of mankind vs. the imperatives of the few in the name of greed. To make this world a better place to live in. For all!