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an Eldis Resource

Protecting health and health services in the services negotiations of the Economic Partnership Agreement (EPA) between East and Southern African (ESA) countries and the European Union

Options for Economic Partnership Agreements

Authors: E. Munyuki; R. Machemedze; A. Mabika; SIDA Sweden; ESA-EU EPA; SEATINI
Publisher: EQUINET: Network for Equity in Health in Southern Africa, 2009

Negotiations are underway on the services agreements towards concluding a full and comprehensive Economic Partnership Agreement (EPA) between East and Southern African countries (ESA) and the European Union. The services negotiations will impact on health services and access to health care. This brief by Equinet outlines the issues affecting health services, and presents options for ESA negotiators to ensure that the negotiations meet international and African health and human rights commitments, use available trade flexibilities, promote public health and ensure adequate assessment and information to support the negotiations.

The document argues that due to the negative lessons of recent epidemics of disease, like cholera, and rising levels of maternal mortality and malnutrition, governments as a whole, and not just health ministries, have obligations to ensure public health. Equally the recent fall in HIV prevalence demonstrates what can be achieved through national action and international solidarity. The negotiators on the services agreement must ensure that their actions protect health in ESA.

This brief outlines ways forward for negotiators. Negotiators need to interpret and implement clauses that support ESA countries' right to protect public health. In addition, they should not commit to liberalise health services under the EPA. Negotiators must reserve the right for government to determine any pace or form of liberalisation nationally, without time restriction.