[WSIS CS-Plenary] WSISPapers Newsletter No.2 - ICTs Trade Agreements

WSIS Papers accuosto at chasque.net
Fri Dec 3 15:57:24 GMT 2004


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  WSIS Papers Newsletter - November 2004 No.2
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In this issue: ICTs TRADE AGREEMENTS

Content:

- International trade agreements
- International telecommunications regime: framing WSIS
- Related documents and opinions
- Bilateral trade agreements: case studies
- Related Choike's in-depth reports

Available online at:

      http://wsispapers.choike.org/

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Free trade agreements have increasingly broadened their scope of regulation
concerning telecommunications, under the pretext that these are services
just like any other. This has hindered the access to communication and
information as a fundamental human right as the private sector gains power
through liberalization.

Decisions that affect the global media system are now being taken behind
closed doors, without consulting the civil society but with the support of
giant media moguls that encourage corporate property of information, showing
total disregard for cultural diversity issues.

Advocates for a market-oriented information society are the big media
companies, mostly American, that own traditional audiovisual media as well
as internet sites such as the recent AOL-Time Warner merger. Their political
face is the Government of the USA that legislates in favour of big media
companies both nationally and internationally by controlling multilateral
organizations, namely the World Trade Organization (WTO), the World
Intellectual Property Organization (WIPO), and the International
Telecommunication Union (ITU). These organizations, as well as other
regional free trade agreements such as the North American Free Trade
Agreement (NAFTA) and the Free Trade Area of the Americas (FTAA) play a
double role in protecting "Big Media" interests: they not only eliminate
barriers to the expansion of multinationals but also protect their overseas
profits through intellectual property agreements.

When the WTO was created in 1995, a General Agreement on Trade in Services
(GATS) was established to deal with all kinds of service goods, including
telecommunications. This agreement planned a progressive liberalization of
trade in services leaving little space for governments to adopt their own
social policies. In the meantime, private corporations dominated the market.

Following the GATS plan, two important telecommunications agreements were
signed: the Basic Telecommunication Agreement (BTA) and the Information
Technology Agreement (ITA). The former, reached in 1996, aimed to reduce
tariffs on information technology products by the year 2000, a measure that
favoured the expansion of telecommunication companies as sales increased
worldwide. The latter takes a step forward in the process of liberalization,
forcing members to open their telecommunication markets thus imposing a
pro-competitive system that bans preferential treatment to national
companies.

Many developing countries have shown a tendency towards liberalization of
ICTs in the hope that the developed world would show signs of flexibility in
the subsidies to their agricultural goods. This "bargain", however, proved
to be unsuccessful in the WTO ministerial meeting held in Cancun in 2003
where the United States refused to take any measure that would harm their
farmers.

Nevertheless, cooperation between southern countries managed to keep
liberalization of telecommunications at bay in order to foster plurality in
media to guarantee balance and respect for cultural diversity.

As a result of the collapse in international negotiations, the United States
has turned aggressively towards bilateral trade agreements -with Chile,
Singapore, Morocco, Australia and Central American countries-. Regarding
telecommunications, the American strategy consists in prohibiting any
upcoming measure that may regulate "digital products", especially the
Internet, considered to be the new channel for the spread of information.

Tensions between North and South, as well as the debate on the role of a
free market have found a new scenario: the World Summit on the Information
Society (WSIS), consisting of two stages, the last one to be held in Tunis
in November 2005.

Hosted by the ITU, the summit has provided a space for civil society to
express their views on the matter. The Civil Society Declaration, that
emerged from the first phase of the WSIS held in Geneva December 2003,
stated that "it is not acceptable for [...] global governance frameworks to
be designed by and for small groups of powerful governments and companies
and then exported to the world as faits accomplis. Instead, they must
reflect the diverse views and interests of the international community as a
whole."

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International trade agreements
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*   General Agreement on Trade in Services (GATS)
Created in the Uruguay Round of negotiations held in 1995, GATS aims for the
liberalizations of trade in all services, including telecommunications. The
site provides a summary, the text of the agreement, news and
interpretations.
--> http://www.wto.org/english/tratop_e/serv_e/serv_e.htm

*   Information Technology Agreement (ITA)
Adopted in 1996, participants commited to completely eliminate duties on
information technology products by the year 2000. The site includes previous
events, list of participants, as well as information about recent symposium.
--> http://www.wto.org/english/tratop_e/inftec_e/inftec_e.htm

*   Basic Telecommunication Agreement (BTA)
Negotiations began during the Uruguay Round in the framework of GATS and
were completed years later with new members who commited to liberalize their
telecommunication markets. The site includes a list of all current
commitments.
--> http://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_e.htm

*   WTO: The Basic Telecommunications Agreement: Background, process and
status
Provides a briefing of the BTA as a "measure of the extent of
telecommunications liberalisation in its member countries, and a mechanism
for deepening commitments by these countries to liberalise their sectors".
--> http://www.ictdevagenda.org/frame.php?dir=07&sd=10&sid=2&id=188

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International telecommunications regime: framing WSIS
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*   Regime conflicts at the World Summit on the Information Society (WSIS)
Thomas F. Ruddy
This paper applies regime theory and institutional economics to the
conflicts that arise when existing regimes are challenged at WSIS process.
The paper presents the interests of four of the other main institutions
involved, which more closely reflect those of the United States, including
the WTO. PDF format.
--> http://www.wsis.ethz.ch/paperorlandoumbruch0405.pdf

*   The rise and decline of the international telecommunications regime
William Drake
The telecommunications regime comprises the principles, norms, rules and
decision making procedures that governments have agreed to govern the
organization of international networks and services. This paper explores its
historical development, transformation, and decay. PDF format.
--> http://www.ceip.org/files/projects/irwp/pdf/draketelecom.pdf

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Related documents and opinions
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*   Civil Society Declaration at WSIS
In the first fase of the World Summit in the Information Society (WSIS) held
in Geneva in 2003, members of the civil society expressed their views
against market oriented policies concerning ICTs.
--> http://www.itu.int/wsis/documents/doc_multi.asp?lang=en?&id=1179|1208

*   Telecommunications cannot be left to the market
Nelson Mandela
At the Telecom'95 Nelson Mandela expressed: "given the fundamental impact of
telecommunications on society and the immense historical imbalances,
telecommunications issues must become part of general public debate on
development policies. Telecommunications cannot be simply treated as one
commercial sector of the economy, to be left to the forces of the free
market".
--> http://www.polity.org.za/html/govdocs/speeches/1995/sp1003.html

*   Global trade & media
In recent years, industrialized nations led by the US have imposed global
trade agreements more favorable than ever to the giant media corporations.
This has resulted in the rise of a global media oligopoly: a few tightly
knit, dominant transnational firms with interlocking boards of directors and
unprecedented lobbying power.
--> http://www.freepress.net/issues/page.php?id=trade

*   Culture Trade Monitor
The aim of this site is to provide a resource for information on how 'free
trade' deals affect culture, media, and communication rights. Culture Trade
Monitor lies at the intersection between the trade justice and communication
rights movements.
--> http://www.worldwidewiki.net/wiki/CultureTradeMonitor

*   The Political Economy of International Communications
Robert W. McChesney, Dan Schiller
This paper examines the changing balance of public and private control over
media and telecommunications in the global political economy, patterns of
concentration and investment in the overall communication sector, and
possibilities for improving the contribution of media and telecommunications
to development in different parts of the world.
-->
http://www.unrisd.org/unrisd/website/document.nsf/0/C9DCBA6C7DB78C2AC1256BDF0049A774?OpenDocument

*   GATS: A growing threat to cultural policy
Garry Neil
Already, GATS places constraints on the ability of sovereign governments to
implement cultural policies and programs. Proposals in the new round of
liberalization talks and the comprehensive negotiating agenda adopted by the
WTO, can only bring further restrictions on governmental measures that
support domestic cultural expressions and ensure cultural diversity.
--> http://www.incd.net/paper03.html

*   Brixen/Bressanone Declaration on Cultural Diversity and GATS (October
2002)
In this declaration the European Regional Ministers for Culture and
Education expressed their concern about GATS impact in the fields of
education, culture and media and demanded that democratically supported
services in education, culture and media are excluded from further GATS
involvement. PDF format.
-->
http://www.are-regions-europe.org/PDF/CD-Main_Texts/Brixen%20Declaration-def-GB.pdf

*   Liberalizing telecommunications markets
Cees Hamelink
In "ICTs and social development: The Global policy context" Hamelink argues
that the WTO Telecommunications Agreement is symptomatic of the rationale
underlying a decade-long process of international negotiation in which trade
interests, rather than socio-cultural aspirations, determine national
communications policy.
-->
http://www.telcor.gob.ni/BCS/societal-issues/11/www.unrisd.org/infotech/conferen/icts/icts-01.htm#P108_7695

*   Globalization, ICTs and the new imperialism: Perspectives on Africa in
the global electronic village
Y.Z. Ya'u
According to this article the BTA implies that governments should not assist
or give subsidy to local companies operating in the sector. This, according
to the WTO logic, is to ensure a level playing field. Unfortunately, the
field had never been level. Local companies cannot compete with
multinationals that have access to vast resources, extremely large capital
base, access to the most current technology and the advantages of economy of
scale.
--> http://www.codesria.org/Links/Home/Abstracts%20GA%2012-20/ICT_Yau.htm

*   From GATT-Uruguay Round to the WTO: Communication
This website of the South-North Development Monitor (SUNS) provides valuable
background information of the procecss of negotiation of the BTA, from the
Uruguay Round to the WTO.
--> http://www.sunsonline.org/trade/areas/communic/index.htm

*   The digital trade agenda of the US: Parallel tracks of bilateral,
regional and multilateral liberalization
Sacha Wunsch-Vincent
This article analyzes the US digital trade agenda, which includes the
liberalization of trade in telecommunication, computer, entertainment and
other electronically deliverable services, free trade chapters on
e-commerce, and a strong protection of intellectual property rights (IPRs).
PDF format.
-->
http://www.siaw.unisg.ch/org/siaw/web.nsf/SysWebRessources/h03waw31/$FILE/Beitrag_Wunsch.pdf

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Bilateral trade agreements: case studies
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*   USA-Chile Free Trade Agreement: Telecommunications
Signed in 2003, Chile commits to open its telecommunication markets
establishing a competitive system that bans preferential rights to local
firms. The site includes reports, reviews, press releases as well as the
official text.
-->
http://www.ustr.gov/Trade_Agreements/Bilateral/Chile_FTA/Section_Index.html

*   Singapore-USA Free Trade Agreement
The Singapore-US agreement has been heralded as a model for reducing
barriers to investment and strengthening intellectual property rights. The
telecomunications clauses aim to create a free and open market for foreign
investment.
--> http://www.sice.oas.org/Trade/USA-Singapore/Chap09_e.asp#CHAPTER%209

*   Australia/USA Treaty: A loss for cultural diversity
Richard Letts
Australia and the USA have decided the terms of a free trade agreement. The
agreement is a "negative list" agreement: i.e. all aspects of trade between
the two countries are included excepting those that are "subtracted" through
explicitly stated provisions. Negative list agreements are especially
dangerous because they require infinite foresight to anticipate their
consequences.
--> http://www.choike.org/nuevo_eng/informes/2394.html

*   A comparative analysis of the Chile-US and Singapore-US Free Trade
Agreements
The free trade agreements concluded by the United States with Chile in
December 2002 and with Singapore in February 2003 mark a new development in
the way the United States envisage the treatment of cultural goods and
services in trade agreements. PDF format.
-->
http://www.mcc.gouv.qc.ca/international/diversite-culturelle/eng/pdf/update0304.pdf

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Related Choike's in-depth reports
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* World Trade Organization
--> http://www.choike.org/nuevo_eng/informes/385.html

* GATS - Trade in Services
--> http://www.choike.org/nuevo_eng/informes/1169.html

* Free Trade Agreements (FTAs)
--> http://www.choike.org/nuevo_eng/informes/2265.html

* World Summit on the Information Society (WSIS)
--> http://www.choike.org/nuevo_eng/informes/703.html

* Lack of diversity in the media
--> http://www.choike.org/nuevo_eng/informes/1109.html

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- "WSIS Papers" and "Choike" are projects of the
Instituto del Tercer Mundo (ITeM) -  Third World Institute

- "WSIS Papers" is supported by the
International Development Research Centre (IDRC) / PanAmericas
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