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Latest Articles

Standards creating barriers to market access

An Invitation to take the initiative on trade issues

Want a free run, behave responsibly
Courting FDIs with a game plan

City blood banks need modern gear

Check out your chocolates

Clinics can’t deny emergency service

Coalitions in trade have their own algebra

Trade in services: India at the world’s disposal

Labour: Just holding the line is not sufficient

Is the vaccine more dangerous than the cure_ 

Vitamin A drive violated national guideline

How safe is your branded lipstick?


An Invitation to take the initiative on trade issues

 

Published:  Financial Times, August 26, 2002 ,

Gene Hutchinson

Sir, Your editorial ‘A good deal on trade’ (July 29) produced an interesting letter from Mr Pradeep Mehta, secretary general of the CUTS Centre for International Trade, Economics and Environment in Jaipur, India (August 8). Mr. Mehta asserts that ‘standards, and the uncertainties they create, are getting in the way of producers getting better market access and the right price for their produce’. He continues ‘that there is negligible information exchange between developed-country consumers and developing-country producers on issues of standards’. We are surprised that he sees standards as creating uncertainty. Where is his evidence_

The International Organisation for Standardisation (ISO) has been developing international consensus-based standards for many years, and the standards are published and widely available. All relevant stakeholders are able to participate in the development process and the voting procedure provides an opportunity for any member country to express approval or disapproval.

The ISO recognises the importance of proper consumer input in standards development and the resourcing difficulties consumers have. There is therefore an arrangement that allows Consumers International (CI) – and Mr. Mehta’s organisation is a member of CI – to represent consumer interests in ISO technical work. The ISO is well aware of the difficulties of the less powerful stakeholders and long ago established policy committees – the committee on developing country matters and the committee on consumer policy – to advise on the needs of these special groups. This year the committee on consumer policy’s international workshop addressed corporate social responsibility and the role of standards. The lack of information, and hence trust, between the ‘developed-country consumers’ and the ‘developing-country producers’ was identified as an issue; and standards, in which relevant stakeholders participated, were seen as helpful.

Two current ISO initiatives are relevant to the issues raised by Mr Mehta. First, a programme sponsored by the World Trade Organisation to equip all developing country National Standards Bodies (NSBs) with the IT necessary to benefit fully from standardisation should enable developing country producers to get advice about international standards and other standards. Second, concern that the NSBs in many developing countries do not engage adequately with their various stakeholders has prompted an initiative to promote better communications. On September 24 in Stockholm the committee on developing country matters is organising an open workshop to move this initiative forward. We do hope to see Mr Mehta there.

Gene Hutchinson
Chair, Committee on Developing Country Matters
Caroline Warne
Chair, Committee on Consumer Policy
International Organisation for Standardisation
Geneva, Switzerland
(Financial Times, 26 August 2002)

Standards creating barriers to market access

Published:  Financial Times, August 08, 2002 ,

 By Pradeep S Mehta

Sir, I agree with your editorial (A good deal on trade, July 29) that the “fast track” authority for US President George W. Bush would help in taking forward the Doha round of world trade talks. This is the driver of world trade talks, unfortunately.

However, Washington needs to rethink on some of the steps that it had taken in recent times, particularly those relating to agricultural subsidies and the backtracking on the implementation agenda agreed upon as a package during Doha discussions.

Such steps result in uncertainties, which may slow the momentum of negotiations.

The two leading trading blocks (the US and the European Union) should assert that the quality of market openness is more important than opening of markets per se. It is true that for many agricultural products developed countries have reduced tariff barriers. But the crux of the matter is whether developing countries’ products are getting better market access or not.

The answer is somewhat in the negative, given the proliferation of non-tariff barriers, particularly with regard to health and consumer safety. For many countries, standards – and the uncertainties they create – are getting in the way of producers getting better market access and the right price for their produce.

As a social activist from a large developing country and being closely associated with the international consumer movement and trade, I can say that there is negligible information exchange between developed-country consumers and developing-country producers on issues of standards. One solution could be to institute a process of dialogue process between these groups so the information asymmetry (and resultant market uncertainties) could be reduced significantly.

Want a free run, behave responsibly

Published:  Financial Express, August 05, 2002 ,

 By Pradeep S Mehta

 

Once during the board meeting of the Life Insurance Corporation of India (LIC), a peculiar situation arose. Firstly, the board’s approval was sought for a donation to a cancer society. Secondly, money was sought to be earmarked for an ITC-sponsored sports event.

I pointed out the contradiction between the two sub-items, one helping cancer victims, and the other supporting a cancer-causing business. I argued in vain that it is socially irresponsible for the LIC to either sponsor or invest something in such industry, which is health hazardous. I was overruled by the board. They said that as far as the Government of India doesn’t prevent them from investing in such companies, they will continue to do so. The only concession I gained in this battle was a resolution that they would no longer co-sponsor any event, which is being sponsored by a tobacco or liquor company.

Indeed, people invest in tobacco or even liquor companies as shareholders and the company ensures a good return on their investments. But that is not the only thing which is the issue here. Businesses need to work in a socially responsible manner, which goes beyond shareholder satisfaction. It covers employees, consumers and community generally, and compliance with the laws. All things which are required for being a good corporate citizen.

The simplistic view that seemed to prevail even in the early 1990s that business leaders need to focus single-mindedly on shareholder value as determined by the share price, and that financial analysts are the best judges of business strategy, may have clouded better judgements. However, in today’s world the old business strategy of maximising profit, neglecting the social, economic and environmental impacts of its operations maybe a recipe for disaster.

There are at least two good reasons why business must live up to its broader role in society. The first is responsibility that comes with freedom. Increasing freedom from controls on business and the growing respect for market institutions in the later part of the century, accompanied by the decline in the role, resources, and even respect for governments, has given more power to business leaders. With this power comes the responsibility for making sure that right things are done in society.

From the time of Adam Smith to Mahatma Gandhi to the doyen of modern management, Peter Drucker, it has been argued that businesses cannot function in vacuum. Gandhi and Drucker stressed the social responsibility dimension by defining entrepreneurs, owners and managers as trustees for future generations. They need to look beyond the selfish needs of the individual organisations to ensure not only continuity of capital but also the establishment of socially useful and productive capital.

The second reason is that the backlash against globalisation by a rapidly globalising civil society can destabilise the highly profit-oriented operations of the corporations. This battle is against the growing influence of business, who wield disproportionate power over national and international institutions. Many of the top 100 corporations in the world have revenues, which are greater than most countries of the world. In the past when the countries were not so closely integrated, businesses viewed different markets in isolation. But today even one act of irresponsibility in one market will create ripple effects throughout the world as we are living in a globalised environment, with very fast information and communication processes.

Way back in the late thirties more than 100 people died from drinking Elixir Sulfanilamide, a form of sulfa medicine that was manufactured and sold in the United States. The company continued to do good business even after such a disaster. But in today’s world it would not be so easy to remain in business after such a scandal. Today Enron is a household name, of course, for a wrong reason. Andersen lost many of its important clients throughout the world after the Enron debacle.

Thus, though the corporate manager’s job is to maximise shareholder value, at the same time they should return something to the larger community, which they function in. And it makes good business sense also because it is not only the employees who want to be associated with corporates with a good public image, but also because the customers want competitive products, which are manufactured in a socially responsible manner.

Corporate social responsibility (CSR) is a constantly evolving concept, where the concepts of work and industries are constantly shifting to adapt to new paradigms. CSR still remains poorly defined. In the US, for example, it is considered by many as charity performed by businesses. At the same time, the current focus on the transparency, corporate governance and responsible behaviour has propelled CSR from a quiet corner of the corporate world to centrestage—and managers are struggling to catch up. The value-addition of CSR is quite evident. There have been many studies purporting to prove that it improves profits but they are not entirely convincing.

Craig Smith, associate professor of marketing and ethics at London Business School, has identified 80 studies. Of these, 42 demonstrated a positive impact, 19 found no link, 15 produced mixed results and only four showed a negative impact. There are companies that have managed to turn a commitment to CSR into financial success. UK-based Co-operative Bank’s policy of ethical investment has helped to turn it from loss making outfit to profit making one and to bring a nearly fivefold increase in customer deposits in 10 years. An independent cost-benefit analysis in year 2001 estimated that the bank’s environmental and ethical policies accounted for between 15 per cent and 18 per cent of its pre-tax profits.

An industry accumulates significant wealth by creating and responding to market demand while ignoring the social or environmental consequences of their business practices. Once the impact of bad corporate behaviour becomes severe and obvious enough, the backlash promotes a change in practice.

This is a cycle, which could be radically compressed, putting the cost of litigation and image-rebuilding back into the bottomline, if the owners of corporations used CSR mechanism and acted in their own self-interest to motivate management to take a long-term view and respect the world around them.

In India businesses detest regulation. Whenever government talks of any regulatory initiatives, they find the ghost of licence-permit raj in it. They want more freedom. The opposition to the proposed competition law is a case in point. But can they guarantee that they are not indulging in anti-competitive practices_

Are many of them not colluding in every which way and exploiting consumers_ The recent opposition to the enactment of a law to recover non-performing assets is a joke. They must not forget that SEBI was created after the stock market scam engineered by Harshad Mehta. Thus if they really want freedom so that they can productively use their resources in pursuance of their main goal of creation of wealth, and also contribute to the society, they must behave in a responsible manner so that they are subject to minimum regulation and no over-zealous application of regulatory measures.

 

 

Courting FDIs with a game plan

 

Published:  Business Line, July 02, 2002 ,

 By Tapas Das

An industrialisation strategy based on a universally liberal policy to allow foreign investment across all sectors may not be successful in the long run. Developing countries would do well to adopt a more differentiated and strategic approach.

Concomitantly, it would be a mistake for developing countries to voluntarily give up all room for manoeuvring by adopting a “universally liberal policy across all sectors”.

Multinational corporations (MNCs) do not have superior bargaining power in all countries in all industries.

Their bargaining power ranges from being almost absolute (for example, Nike looking for an investment site for shoe production) to being close to zero (an automobile MNCs trying to curry favour with the Chinese Government for the people’s car project) depending on the industry and the country.

Moreover, many developing countries do have some “bargaining chips” in relation to some industries – especially where transportation costs (to supply the market) are relatively high and proximity to consumers is important for marketing. China, India, Brazil and the rapidly growing East Asian economies are good examples.

There could be other important factors influencing developing countries’ bargaining power. For example, the East European bloc, Vietnam and China, have a relatively well-educated and trained labour force. Others still have locational advantages – for example, Mexico vis-à-vis the US, and Central and Southern European countries vis-à-vis the richer Western European nations.

This substantiates the case for a strategic industrial policy because it means that governments should design their policy towards MNCs according to the needs of particular sectors.

This is because each sector serves a different function in the overall economic development of a country.

It would be unwise to have either uniformly restrictive or uniformly liberal policies towards MNCs across all industries. This means that the same industry may relatively be more open or less open to FDI, depending on the various changes in internal and external conditions that affect it.

However, adopting liberal FDI policies across sectors and industries would mean giving up a country’s potential bargaining power even before exercising it.

There is, however, no gainsaying the fact that potential bargaining power does not directly translate into the right amount and composition of incoming FDI. It depends on the general economic conditions and administrative capability of government to actually exercise such power.

Recent theoretical developments and empirical studies suggest that long-term productivity enhancement may be better achieved by an industrialisation strategy that emphasises building local managerial and technological capabilities and uses MNCs in a selective, strategic manner.

The policies employed in Taiwan and Korea show that while MNCs can and should be used, their role needs to be defined in relation to the overall industrialisation strategy and the specific needs of the industries concerned.

Similarly, Singapore, which relied heavily on MNCs, deliberately directed FDI towards government-directed priority sectors ab initio.

It is not only governments that compete among themselves to attract FDI, MNCs also compete with one another to enter attractive host countries to take advantage of higher returns on investment, productive assets, locational advantages and market size.

Criticisms of FDI with respect to ‘surplus extraction through transfer pricing’, ‘excessive royalty payments’, inappropriateness of production technology or product mix’ have sometimes been out of proportion. Again the beliefs of neo-liberal commentators that MNCs can move elsewhere if their freedom of action is restrained have hardly any truth in them.

It is true that some industries (garments, shoes, toys) where ‘sunk’ costs are low and MNCs can be footloose.

But there are others (power, chemicals, pharmaceuticals) with high sunk costs and sub-contracting networks, from which MNCs would not be able to pull out of at the slightest adverse change in host country policies.

Whether adopting a more liberal FDI policy, without adopting the policies that substantially improve the economic prospects, will lead to an increase in FDI flows in a country is highly questionable. So long as host country policies do not involve asset appropriation and other measures that threaten basic capitalist property relations, FDI policies seem to be much less important than factors such as growth prospects of the domestic market or political stability of a country in determining MNC investment decisions. A government may adopt two strategies in relation to MNC participation. One is to have a liberal FDI policy initially to develop an industry.

However, when it is established that the industry has developed sufficient technological capability and local firms have been able to stand on their own feet, it could impose tougher restrictions on MNCs. Another strategy could be to relax rules in relation to MNC participation in an industry when there is a major technological change, which often put developing country in a difficult situation to face the highly competitive international market with their present technological capability.

 

 

City blood banks need modern gear

 

Published:  The Times of India, May 08, 2002 ,

 By Soumi Ghosh

CUTS Centre for Sustainable Production & Consumption- Calcutta

 

Blood transfusion saves millions of lives every year, provided a safe supply can be guaranteed. Unfortunately, the safety of our blood banks and blood camps leave a lot to be desired.

Recently, Human Immunodeficiency Virus (HIV) was found in the blood of eight thalassemic children when they were tested at the School of Tropical Medicine, in Kolkata.

The Central Blood Bank in Manicktala has found HIV in blood of another five thalassemic children. Seven more children with the same affliction were infected by Hepatitis C. In all these cases, the doctors believe that the children got infected during blood transfusion, as many thalassemic children have to take blood almost twice a month.

Blood transfusion has become one of the most feared forms of disease contamination. Doctors blame the screening and testing procedures used by blood banks for the menace. HIV kits used by a majority of blood banks are not sensitive enough to detect the presence of HIV.

According to doctors, blood banks should immediately start using the P24 antigen test, as it can detect infection in collected blood samples up to a period of one week after contraction of the disease. However, it may not be economically feasible for government blood banks.

The Institute of Blood Transfusion and Immunohaematology IBTI) formerly known as Central Blood Bank is in no position to introduce P24 test that costs Rs 7,000 and polymer chain reaction (PCR) test, the best way to detect all types of infection comes at a staggering Rs 22,000 per sample.

According to the draft National Blood Policy, testing for HIV should be restricted to laboratories that have ELISA facilities. It also discourages rapid testing kit and the centres using those must send ten percent of the samples to a referral centre for revalidation of the results.

But the most dependable institution in Calcutta, the School of Tropical Medicine does not have the ELISA reader instrument. Neither does it have any sophisticated machinery as a substitute.

The institute still has to depend on old foreign machines that were brought in the sixties. In no other state are such outdated instruments used.

The Blood Transfusion Service in the country is highly decentralised and lacks vital resources like trained manpower, adequate infrastructure and financial base. Fragmented management is plaguing the blood banking system in the country.

CHECKLIST

  • Those who donate blood need to check for clean needles and other clinical material
  • Recipients should check if the blood has been tested for HIV, Hepatitis B, Hepatitis C, VDRL and malaria.

Another reason that makes blood unsafe is oversupply. Social service organisations tend to organise camps only during important occasions and festivals. During these times, supply increases beyond holding capacity, but blood cells cannot be stored beyond 35 days. Due to improper storage, there are high chances of blood becoming contaminated. The government should take steps to ensure licensing of all blood banks and gradual phasing out of the professional donor system. A Supreme Court order exists to this effect.

To ensure quality and safety of blood and blood products, well-equipped centres with adequate infrastructure and trained manpower are required. The government should start thinking seriously about modernisation of blood banks at the earliest.

The media too can play a role in making people more aware of the precautions that need to be taken before donating and receiving blood.

In general, it is safe to donate blood, but before donating, the donor should make sure that the needle and other clinical material used should be new and sterile. Before receiving blood, one should check for HIV, Hepatitis B, Hepatitis C,VDRL and malaria. Awareness should be spread among people so that they should always purchase blood from a licensed organisation and insist on screened blood packs.

Check out your chocolates    

 

Published:  The Times of India, April 03, 2002 ,

 By Soumi Ghosh

CUTS Centre for Sustainable Production & Consumption- Calcutta


Chocolates are perhaps the most romantic gift you would want to give, but pause before handing it to someone you love. A bright inexpensive brand in all probability flouts all Food norms.

In liberalised India, imported chocolates have flooded the market. Foreign brands now find pride of place in large shops and roadside stalls. But inferior brands from Nepal and Dubai have entered the metros. Most of these cheaper brands do not conform to required standards.

All food product manufacturers, both Indian and foreign, must get Central Committee for Food Standards (CCFS) approval, specifying the type of food product and its contents. But according to Dr S Babu Rao, assistant director at Food and Toxicology Department, National Institute of Nutrition, food products are being dumped into the market without approval from CCFS. He warned that Indian consumers who buy imported products, without CCFS approval, could be exposed to health hazards. 

Last year, imported chocolates worth Rs 50,000 were seized from a shop at Canning Street in Kolkata, as attempts were made to extend the expiry date and most of them were in melting condition. Earlier, adulterated Indian chocolates were seized from the Raja Katra area of Burrabazar. The attractive packaging of foreign chocolates easily attracts children and unfortunately, ignorant parents are ready to pamper to these instincts.

The Consumer Unity & Trust Society conducted a survey along roadside shops in Park Street, Little Russel Street and Vardhan Market. A large number of products in the market were violating Rule 32 of PFA.
 

RULE BOOK

 

Rule 32 of Prevention of Food Adulteration (PFA) Act, 1955, on Essential Labeling requires that packaged food should bear:
·        Name and complete address of the manufacturer, packer, vendor & importer
·        Name, trade name or description of the product
·        Name of ingredients in descending order of composition
·        Net weight or volume
·        Distinctive batch number or lot number
·        Month and year of packing
·        Best before declaration up to the month and year and also date where applicable like bread etc.
·        The symbol of irradiation and license number
·        At least one of the languages used for declarations on the label should be English or Hindi in devnagari script.

The survey revealed that chocolates like Nikolo, Cosmos, Go Fresh, Meentos, Jin Tan, Snicker, Lolibon, Ammer, Bounty, Strawberry Jelly Candy Drops do not measure up to the norms.

They do not display names and addresses of Indian importers, which is a serious violation of Rule 32 of PFA. In many cases, the manufacturing and ‘best before’ date are written in
foreign language.

There were violations in ingredients used in synthetic colour; in most cases and most chocolates were found in melted condition. In these circumstances, consumers should be aware of the serious implications on their health if they consume food, which violate safety norms. In fact, individual consumers can take the initiative to prosecute importers and manufacturers if laws are violated.

Published:  The Times of India, February 26, 2002 ,

 By Soumi Ghosh

CUTS Centre for Sustainable Production & Consumption- Calcutta

 

In our overcrowded cities, accidents have almost taken the form of epidemic. In such circumstances, the role of medical institutions become imoprtant.

Prithviraj Biswas, student of National Institute of Design (NID) had a tragic hit-and-run accident last year in Ahmedabad. He was taken to V.S. Hospital, which is a government hospital, but the staff there refused to treat him.

His classmates strongly believe that Biswas could have been saved if the doctors at VS Hospital had attended to his injuries instead of refusing to treat him and referring him to Civil Hospital at other end of the city, where he was declared death on arrival.

Unfortunately, this type of incident is only too common in Kolkata. During 2001, 439 people died in 427 road accidents in this city. Statistics collated by a city newspaper reveals that most of the time, recorded accident cases have resulted in the death of victims. This implies that immediate medical attention could not be provided to them.

To understand the present situation, the Consumer Unity Trust Society visited some of the big hospitals in south Kolkata. There was a ‘No Emergency’ signboard at the entrance gate of Sri Aurobindo Seva Kendra, although it runs a full-fledged hospital. AMRI and Ram Krishna Mission Seva Pratisthan accept emergency cases only if beds are available.

Can a hospital/nursing home refuse medical care to emergency cases_ No. As per law, hospitals, nursing homes, clinics of doctors, who declare or profess in writing that they provide 24-hour services are legally bound to attend all cases. Failure to have the requisite equipment in working order, and non-availability of competent staff within reasonable time would be inferred as medical negligence.

In many cases, it has been observed that doctors wait for the arrival of the police before attending to an accident victim, especially with head and burn injuries. The Supreme Court directives are very clear in the case of accidents.

• There are no provisions in the Indian Penal Code, Criminal Procedure Court, Motor Vehicles Act, etc., which prevents doctors from promptly attending seriously injured persons and accident cases before the arrival of the police.

• Treatment cannot be stalled for the arrival of the police or completing legal formalities. All Government hospitals, Medical Institutions should be asked to provide immediate medical aid to all the cases- medico-legal or not.

• The Court further observed that Article 21 of the Constitution imposes an obligation on the State to safeguard the right to life of every person. The Government Hospitals run by the State and the medical officers employed therein are duty bound to extend medical assistance for preserving human life.

Failure on the part of a Government hospital to provide timely medical treatment to a person in need of such treatment results in violation of his right to life guaranteed under Article 21.

Although medical institutions have their responsibility, the public and authorities should also be more aware about their duties.

The Apex Court had recently made wearing seat belts mandatory for front seat occupants of cars and directed the chief secretaries of the states and Union territories to implement the order. But how many car passengers in Kolkata can be seen wearing seat belts_

Most accidents result from rash driving and dangerous overtaking. Accidents also occur due to carelessness of pedestrians. Instead of debating on responsibility, efforts should be made to implement steps to reduce accidents. A number of safety norms like hefty fines for overloaded vehicles, compulsory wearing of seat belts by front seat occupants of cars and use of helmets already exists. Efforts should be made to strictly implement these norms.

Therefore, besides implementing the measures to reduce road accidents, simultaneous measure should be taken to make consumers aware of their rights in emergency cases. TV channels as a part of their social responsibility could show attractive campaigns at prime time to inform consumer on the above.

Once these measures are implemented seriously, many untimely deaths could be avoided.

 

 

Published:  The Economic Times, February 9, 2002,

 By Pradeep S Mehta

Secretary General 

CUTS Centre for International Trade, Economics and Environment

 

  It is unwise and unfair to say that a negotiating strategy based on alliances with other developing countries is meaningless (“Keeping the trade cart firmly before the horse”, Narendar Pani, ET, January 11).

On the contrary, that strategy got India a far better result at the Doha Ministerial Meeting of the WTO than any she could have got otherwise. That same strategy will also be useful in handling the Doha Development Agenda, whose algebra will need hard bargaining. Coalitions, alliances on dimensions of development among like-minded countries will be crucial.

Most developing countries who were in the alliance in the run-up to Doha left India by the end, but only due to last minute pressures from developed countries on whom they are dependent for trade, investment and aid. But they had been firmly behind the positions of like-minded countries — India included — in the run up to Doha; otherwise the majority of the gains on issues like implementation, TRIPs and public health would have eluded us.

Developing countries tasted blood when the election of the director general was held up despite pressures from rich countries. That set a new precedent in September 1999: two DGs were elected, each for 2-year terms.

Thailand’s Supachai Panitchpakdi is to succeed Mike Moore in September 2002. The Seattle Ministerial’s failure in December 2000 also buttressed the developing world’s self-esteem and gave them the confidence to assert themselves. Thus, the ghost of Seattle dictated what was to happen at Doha.

Implementation issues, a part of the Seattle/post-Seattle agenda, needed a prior negotiating framework. India knew that only a new agenda would allow progress on old issues. Secondly, WTO members did not want failure with the world in recession. Hence, many developing economies went along with the rich countries.

They agreed to a conclusion in their own interests. India too did that, rather than be a spoilsport. But rich countries were not united on every issue in the current negotiating agenda. The United States is not eager for an investment and competition policy at the WTO, but complied with EU demands to ensure the success of the Doha ministerial.

Another error Mr Pani’s article makes, and one which can harm India’s negotiating strategy, is that the government is trying to introduce a competition policy.

Firstly, the government is not doing that; it only wants a new competition law tailored to modern times. Secondly, we have had a competition law, the Monopolies & Restrictive Trade Practices Act since 1969. But it was better known for its licensing and control policies.

That changed with reforms in 1991. The MRTP Act has been used successfully in many anti-competitive cases, including cross-border abuses. That has helped to build up a body of knowledge, which other developing countries can learn from. That said, India needs to identify issues that cut across poor and rich for a future agenda. That will ensure the build-up of alliances and coalitions on the negotiating agenda of Doha.

Many pundits, for instance, argue that an international agreement on movement of labour is infeasible. But many developing countries are interested; so are the rich because of domestic problems like an ageing and diminishing population. Many new sectors are opening up other than information technology: health care, education, catering, etc.

One of the biggest advantages India offers to other developing countries is the intellectual capacity to develop scientific arguments in negotiations. Many small, less developed countries look up to India’s positions, giving her a leadership role. The experience of the last six years or so shows us how to use this advantage to build and sustain coalitions, not alliances, at the WTO.

But there two hurdles here, calling for a new strategy. Firstly we must develop a permanent cadre of trade negotiators, lawyers and economists who will retain the institutional memory in their heads.

They can be from the civil service, but the system must change to allow a civil servant to choose a permanent path after the initial 10-15 years of generalist duties. This applies to many other areas, including negotiations on environment. Secondly, we will need a more informed political consensus to enable the commerce ministry to exploit opportunities in a liberalised world trade order. But a better informed debate can only ensue if there is transparency and publicity.

States are gearing up by establishing WTO cells, and they will assert themselves more than before. The best place to develop a better consensus among them is the National Development Council, which too needs more independence than it has. We will otherwise be guided by domestic pressures at WTO, and not by the country’s best interest

BACK TO INDEX

DOMESTIC AGENDA ON WTO ISSUES-II

Trade in services: India at the world’s disposal

Published:  Financial Express, February 9, 2002 ,

 By Pradeep S Mehta & Sandeep Singh

CUTS Centre for International Trade, Economics and Environment

Dani Rodrik, the noted economist, has established that if the rich countries allowed import of temporary skilled and unskilled workers from the poor countries to the extent of only 3 per cent of its labour force, it would yield $200 billion per annum. “This will be vastly more than the World Bank’s much-inflated estimate of the gains from the traditional trade agenda. Moreover, these gains would directly accrue to workers from developing countries obviating reliance on trickle-down economics,” he argued recently in an article in the Financial Times.

This should sound as music to our domestic policy-makers. Over the last decade, India’s performance in international trade on the merchandise front might not have been very impressive but she has made significant progress in trade in services. While India’s share in world merchandise exports has gone up marginally from 0.5 per cent in 1990 to 0.7 per cent in 2000, its share in exports of services has taken a big leap forward from 0.6 per cent in 1990 to 1.2 per cent in 2000. India is emerging as a ‘natural choice’ for services given its comparative advantage in terms of low cost manpower and high computer literacy.

The Doha Ministerial meeting has squarely put the services sector on the fast track. India with its already large and growing sector is likely to gain extensively from liberalisation of services. Technological developments in computing and communications are providing an opportunity to India to telescope decades of development and ‘leap frog’ into the information age in a relatively short period of time. However, we need to look beyond infotech and also focus on other potential areas wherein we are traditionally strong, e.g. health, educational and other labour-oriented services.

The Uruguay Round brought the services sector for the first time into the fold of multilateral trade negotiations. The General Agreement on Trade in Services (GATS) sets out the rules and procedures across nations. GATS is different from other GATT 1994 agreements in a sense that each particular sector must be specifically placed under the auspices of the agreement for it to operate in that sector. This ‘positive list’ approach differs from the usual ‘negative list’ approach, which means that every relevant sector is covered by the agreement unless it is listed as being excluded. Thus, under the GATS Agreement, no sector is covered unless it is listed as being covered.

GATS is the most complicated of all the GATT/WTO agreements because of two reasons. First, the Agreement follows the established GATT format in the application of the most favoured nation and national treatment principles yet it adopted the ‘positive list’ approach. Second, the operation of the MFN principle is complicated by the inclusion of an appendix to the Agreement in which countries are allowed to list those sectors for which this principle will not apply for a period of 10 years.

As far as the Indian economy is concerned, the services sector, with as high as 47 per cent share, has become the largest contributor to national income. Furthermore, in recent years, this sector has created the maximum number of jobs and is expected to continue do so. In the international trade context, it is becoming increasingly evident that the efficiency and quality of this sector will be critical to its development htmlirations.

To make India a world class service provider, we need to strengthen the supply capacity and enhance the competitiveness of our services sector. This can be best done by domestic policy reforms, introducing competition in the supply of services, particularly infrastructure, under robust and competitively natural regulatory regimes to address market failure, protect consumer interests and meet universal service obligations. The GATS Agreement is definitely an important push for this drive and our policy-makers are doing good work at international fora but the domestic agenda is equally important.

We need to take initiatives at domestic level to make service-industries competitive. The last Exim Policy was a step forward in this regard, wherein service providers with a turnover of Rs 100 crore or more were encouraged by according them “International Service House” status. Among the different modes of service supply, India is most interested in ‘movement of natural persons’, however, other modes (viz. commercial presence, cross-border supply and consumption abroad) are also important.

To make the Indian services sector a global player, first, we need to identify the sectors where the movement of natural persons would result in economic efficiency and long-term economic development. Subsequently, in the identified areas focused efforts should be made to buttress the quality of services by developing specific training programmes. There is a need for temporary movement of skilled and unskilled workers in the developed countries as many of them are short of hands to perform essential duties. We need to develop an efficient system to explore these opportunities and supply the right people. For instance, we have a huge potential of exporting skilled and semi-skilled workers from the unorganised sectors on a temporary basis e.g. farm workers, barbers, masons, tailors and cooks. But they need to be systematically trained. Apart from covering job-specific htmlects these training modules should also include relevant information on issues of legal migration, exploitation of foreign workers, conditions of employment, workers remittances, changes in labour laws, work permits, employment benefits and protection of foreign workers.

The government needs to take the lead to initiate the process and gradually involve private sector into it. Creating a national-level institution for the purpose, possibly on the lines of the Kerala Manpower Export Commission, is one way out. This kind of institution can also act as an information hub for domestic service providers to receive knowledge on market access opportunities in other countries. These kind of domestic measures for promoting trade in services are essential for India to become a major player in this relatively new area of the multilateral trading system.

Additionally, we need to improve and upgrade our educational, professional and technical qualification system. This will help us in pursuing with our efforts to secure mutual recognition of these qualifications with other countries, particularly potential importers of services. India has to identify the domestic policies and regulatory systems, which have a bearing on market access available in the services sector and subsequently, make required changes to upgrade them.

To exploit the full potential of the Indian services sector, comprehensive reforms are required in the insurance sector, banking etc. Moreover, we need to adopt independent regulatory mechanisms that would regulate unfair practices in trade etc, vis-a-vis services sectors to protect vulnerable consumers in the initial years of privatised services.

Similarly, India has the potential to become a major destination for foreign tourists, thus increasing possibility of generating more income through ‘consumption abroad’ mode of service supply. But again there is a need to improve necessary infrastructure as well relevant policies in this regard.

Therefore, for India to become a major player in global trade in services, we need to take some serious steps. Creation of a proper regulatory environment (with consumers’ involvement) for better quality of services and at reasonable rates is a must. Second, investment in infrastructure (like telephone lines, roads etc.) is to be made for making the Indian services sector globally competitive. And third, the government should take steps to support Indian service providers in establishing their presence in other countries.

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DOMESTIC AGENDA ON WTO ISSUES-I

Labour: Just holding the line is not sufficient

Published:  Financial Express, February 8, 2002 ,

 By Pradeep S Mehta & Sandeep Singh

CUTS Centre for International Trade, Economics and Environment

 “WE have to attend to a huge domestic agenda before we can reap any perceived gains that future negotiations can throw up,” commerce minister Murasoli Maran said in his most statesmanlike statement after the fourth Ministerial Conference of the World Trade Organisation (WTO) in Doha. We have been arguing this for long, and have also been advocating the same to the commerce ministry to take it up with the relevant ministries.

Our international agenda is determined by how we negotiate or interpret or fight with others on trade issues at the international forums for promoting the best interest of our country in the context of WTO. But equally important is the domestic agenda which requires our government to take note of, in implementing our commitments under WTO, as also to make the best out of it. In our last article (FE, 27th November) we argued that in the post- Doha scenario the issue of labour standards in international trade context is not ‘dead’ as understood by some. The protagonists of social clause, this time lead by the European Union, successfully managed to remove a significant line from the declaration recognising the International Labour Organisation (ILO) as a more suitable place to discuss labour standards.

India has been maintaining that labour standards should be dealt with by the ILO and not at the WTO where they have the potential of being misused as a protectionist device. The social clauses are relevant only when there is equal distribution of wealth and resources. However, in reality there are pockets of such poverty in different parts of the world that inclusion of social clauses will only worsen the situation by denying the necessary avenues for jobs.

India’s stand is fair enough and this has been supported by most of the developing countries as well. However, this doesn’t seem to be sufficient. Instead of merely opposing the issue we need to make it clear to the world as to why we are holding this line. We have to chalk out an advocacy plan and convince those supporting the issue that a sanction-based approach never works. It only harms the most vulnerable members of society in the targeted country. Importantly, India has the advantage of having a common understanding on this issue among all sectors of the society. Our trade unions and non-governmental organisations among others are also opposing the trade-labour linkage. What has been lacking is that we have not been using this understanding quite effectively. We’ll have to cultivate, resource and use our domestic trade unions and non-governmental organisations to counter the campaign for linkages promoted by their western counterparts.

On the other hand, we’ll have to keep our house in order and take some tough actions as well as do long-term planning to deal with the problem of child labour and to ensure worker’s rights in the unorganised sectors. Contrary to common belief in western countries, our organised sector workers are in fact over-protected, and simpler hire and fire laws with safety nets (for the retrenched workers) are needed for efficient functioning of the economy. However, a large majority of our workers fall under the unorganised sector and it is this class which is being increasingly exploited.

Our policy-makers need to become a bit more proactive and address the issue of ensuring minimum labour standards for unorganised sector workers in the ongoing labour reforms. In India, as per the Supreme Court’s definition, a vast majority of the labour force is still languishing under conditions of bonded labour and bonded child labour. More than 30 million people are deprived of basic labour standards, besides 65 million children who are working in conditions of bonded child labour. Therefore, nearly every third Indian today is in a condition of one or the other form of forced labour and it is certainly a very tragic situation in world’s largest democracy.

Child labour is a huge and complex problem which is not being tackled adequately. Despite a 1996 judgement of the Supreme Court directing the government to identify and rehabilitate child labourers, very little has been done on the ground. Lack of co-ordination among the central and state governments is one of the prominent reasons for this, apart from lack of will and poor implementation of laws.

According to a study done by CUTS, India would need a whopping Rs 67,000 crore every year to eradicate actual and potential child labour in the age group of 6-11 years. However, it is disgusting to note that the prevailing red-tapism and lethargic bureaucratic system even doesn’t make adequate use of available resources. In Rajasthan, for instance, a large amount of money deposited in the child labour rehabilitation fund established in 32 districts is lying grossly unutilised. The officials concerned keep on passing the buck and even the 8,110 identified child workers have no choice but to hope for good time. The other states also suffer the same fate.

In addition, we also need to address the issue of lower workers’ rights standards in export promotion zones (EPZ) and special economic zones (SEZ), toward which fingers are often being pointed out by western trade unions and NGOs. There is no logic why these zones should have lax labour standards than those in other areas. Often China’s example is quoted by our industry to seek lower standards in these special zones. But with the China’s entry into the WTO, that situation may also change when pressured by the western groups. India is already in the process of reforms to strike a balance between legitimate rights of workers and the objective of providing a framework that could encourage efficiency in the system. The same should be applicable to these zones as well.

Importantly, as far as exploitation of workers or child labour is concerned, our own rules in this regard are world-class but are hardly implemented in a proper way. Poor implementation is our own problem and something which we’ll have to address urgently. India’s performance at the international fora on the labour front also depends on how serious it is about improving things at the domestic level. These actions are going to help our own people; in addition, they will also help in shutting the mouths of those advocating social clauses.

Therefore, along with these actions India will have to plan its strategies and alliances well in advance to keep this issue out in the next WTO Ministerial meeting as well. It needs to start acting now, otherwise two years will whiz by so fast that we will be caught napping again.

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Is the vaccine more dangerous than the cure? 

Published:  Times of India, February 8, 2002 ,

 By Soumi Ghosh

CUTS Centre for Sustainable Production & Consumption- Calcutta

Viral hepatitis, an infection of the liver caused by the hepatitis B virus (HBV) has shown an alarmingly increase menace not only in our country but all over the world. In India, hundreds of people die of this infection.
 
As newborns can be infected by the virus from their mothers’ blood during childbirth, vaccination against hepatitis B has been recommended in the childhood immunisation schedule for 2002 to all US newborns before leaving the hospital. But how safe are these vaccines?
 
Hepatitis B vaccination is already a part of national immunisation programme in 120 countries including Indonesia, Sri Lanka, Bhutan and Maldives. Going by the WHO recommendations, Delhi government, last year, introduced free hepatitis B vaccine. The government of India also plans to include hepatitis B vaccination in the immunisation programme during the 10th Five Year plan.
 
There is no doubt that other immunisation programmes like National Pulse Polio Programme have greatly improved public health in our country but the government should consider expert opinion on the risk and safety of hepatitis B vaccination before including it in the immunisation programme.
 
The figures released in 1999 by The National Vaccine Information Centre (NVIC), Vienna, a vaccine safety advocacy organisation, revealed that the number of vaccine-associated ‘adverse events’ and deaths reported in US children under the age of 14 significantly outweighed the reported cases of hepatitis B disease in that same age group.
 
Independent analysis of raw computer data generated by the government-operated Vaccine Adverse Reporting System (VAERS) confirmed that in 1996, there were 827 serious ‘adverse events’, in the US reported to VAERS in children under 14 who had been injected with the hepatitis B vaccine. In contrast, during that same period, there were only 279 reported cases of hepatitis B disease in children under 14.

In 1998, France became the first country to suspend the routine immunisation programme for school children after reports that many children were developing chronic arthritis and symptoms resembling multiple sclerosis (MS) following the administration of hepatitis B vaccine.
 
However, WHO, with the assistance of external experts in neurology, epidemiology, immunology and public health, has carefully reviewed the scientific evidence on whether hepatitis B vaccine can cause diseases such as multiple sclerosis. 

WHO believes that available scientific data does not demonstrate a casual association between HB immunisation and central nervous system diseases, including multiple sclerosis. WHO also claimed that 1 billion doses of hepatitis B vaccine have been used since 1981 with an outstanding record of safety and efficacy.
 
So the debate is still going on whether the hepatitis B vaccine is safe or risky. More over, in India there are other administrative and infrastructural bottlenecks. Dr. T Jacob John, former president of Indian Academy of Paediatrics has opined that unlike in other countries the Indian Government does not have a policy on vaccines and their use.

Pharmaceutical companies run the show. Few months earlier, one pharmaceutical firm in Mangalore created mock panic on dangers of hepatitis B vaccine highlighting that HBV is more dangerous than HIV. After that six doctors in Mangalore in a letter to Union Minister for Health and Family Welfare Dr. C.P. Thakur urged him to formulate a national policy on HBV vaccination and publicise it widely. The doctors opined that HBV poses risk only to the ‘high-risk group’ and not the general public. Unlike AIDS, the HBV in 90 percent of cases is cured spontaneously through the body’s immune system.
 
Hence, before including hepatitis B vaccination in the immunisation programme, the Government should initiate a debate on its effectiveness and the risk involved in it.  

Simultaneously infrastructure should be developed nationwide for proper implementation of such programme. Steps should also be taken against the manufacturers who are creating artificial terror.

Moreover, there should be a law to compensate children adversely affected from any vaccine. Once these are done, the Government can think of including hepatitis B vaccination in the immunisation programme.

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Vitamin A drive violated national guideline

Published:  The Times of India, January 17, 2002

 By Soumi Ghosh

CUTS Centre for Sustainable Production and Consumption

Recently, sixteen children died in Assam after being administered Vitamin A doses in UNICEF-Assam Government jointly organised Pulse Vitamin A programme. Several hundred children were treated in hospitals with stomach ailments and cramps.
 
Since there is always chance of fatalities during vitamin A administration, the national consultation on Vitamin A had clearly expressed the view that heavy doses of Vitamin A should not be administered along with the Pulse Polio programme. Therefore what has happened in Assam is a serious violation of this national directive.
 
After analysing the reports, three possible reasons for the tragedy could be identified. The death might be due to overdose. In the third phase of the programme, a plastic measure cap capable of holding 2.5 times more than the normal dose replaced the usual spoon of exact measure.

Moreover, the volunteers were not properly trained to make the parents understand the exact dose and the risk involved in administration of overdose. However, nutrition experts opined that overdose could not be the likely cause of death of the children as in few cases deaths were also reported from places where the old spoon of exact measure had been used.
 
Few experts questioned the quality of medicine used. After analysing the vitamin samples used in the campaign, the Drug Testing Laboratory in Kolkata has confirmed that they were in perfect condition.
 
However, no screening was done. Vitamin is a micronutrient that has to be administered carefully. Nutritionists and child specialists strongly feel that screening is necessary to ensure that a child is not suffering from diarrhoea or liver disorder. 

But, the state health minister said that it was not possible to screen every child in a campaign of such magnitude. He said that the parents should have informed the volunteers if their children had such problems. The question is, had the parents been informed in advance about this risk_

If it was so difficult to take minimum precaution, then the state should not have gone for such programmes. The authorities have also admitted that children who been given the Vitamin A dose, belonged to areas prone to intestinal diseases like diarrhoea, amoebiasis and malaria. 
 
Now, question could be raised about the justification of such mass health campaigns without prior assessment of administrative capabilities. What could be the objectives of such programmes_
 
UNICEF opines that a special drive like this helps boost the coverage that otherwise remains at a very low level. At present, mild cases of Vitamin A deficiency are found in certain pockets of the country, that hardly call for such a drastic and potentially dangerous preventive remedies. A recent survey shows that only 0.3 percent children in Assam had symptoms of Vitamin A deficiency. So, there was really no need to target all the children for the programme. Only children with malnutrition or clinical Vitamin A deficiency should have been targeted.  

Nutrition expert C. Gopalan thinks that such supplementation programme is totally unnecessary when green leafy vegetables and seasonal fruits, plentifully available in the countryside and within the reach of the poor, can control the problem.
 
It has been reported that in order to get political mileage, some state governments have launched such massive campaigns for Vitamin A administration. The Centre has now asked all the states to stop Vitamin A campaigns for children and emphasised on improving routine immunisation work.
 
Some nutritionists believe that the supplement industry is exploiting people for commercial gain. Efforts are being made to expand the market for synthetic Vitamin A in poor South Asian countries.
 
All this has raised a big question about the safety of these health campaigns. The Centre has admitted that such drives require intensive training of field staff and an effective monitoring system, which the present system is unable to take care of, especially in areas having weak infrastructure.
 
The Assam chief minister has ordered a CBI enquiry. We urge the CBI to investigate whether any vested interest was using human being as guinea pigs, as had happened earlier at the Regional Cancer Centre in Kerela, where one of the scientists of The John Hopkins University tested experimental cancer drugs on patients without any prior approval from the authority.

 

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How safe is your branded lipstick?

Published:  The Times of India, January 13, 2002

 By Soumi Ghosh

CUTS Centre for Sustainable Production and Consumption

For thousands of years, people have been applying cosmetics to satisfy their desire to look beautiful. However, the use of chemical cosmetics grew rapidly from the beginning of the 20th century.

India, with its population of more than one billion, has become an attractive market for the cosmetics industry. Currently, the market is being flooded with both domestic and foreign products.

Apart from the branded items, there are hundreds of non-branded products as well. Due to lack of purchasing power, a majority of the population buy low quality products, which are seldom manufactured following standard procedures. Bureau of Indian Standards (BIS) warns that substandard cosmetics could contain strong acids and alkalis harmful for skin.

Dermatologists say that the poor quality cosmetics could cause itching, swelling, and pigmentation. Harmful chemicals in cosmetics could also cause toxic effects on skin which may lead to cancer.

Even branded cosmetics could be a source of allergic reactions depending on the skin type. Ingredients such as fragrance and preservatives could cause allergic reactions to some people.

The synthetic adhesive used in bindis might lead to itching, skin irritation, eczema and leucoderma. Sometimes, natural ingredients could also cause skin problems.

Nearly half of the people questioned over telephone in a quick survey by CUTS in November, 2001 responded “yes” to having suffered an allergic reaction to personal care products, mostly in case of sunscreen lotion, fairness cream, body deodorant, soap and bindi.

As a precautionary measure, the consumer should check the ingredient list on the container. Doctors, while treating patients suffering from cosmetic-induced illness, do not often find the ingredient list on the pack although it is a mandatory requirement. Even if it is available, in most of the cases the names of the ingredients sound unfamiliar to consumers.

Most importantly, illiterate consumers cannot even read the list. As a solution to these problems, we could think of some symbol that signifies the safety of the product, just as there are ISI marks for cement, electrical appliances or gas oven.

This is needed to save consumers from spurious cosmetics. The sale of these fake cosmetics is not confined to small shops in rural markets as is commonly believed. Even big shops in urban markets sell spurious products. Since there is no quality check, consumers run the risk of suffering from skin reactions.

To protect Indian consumers from this enormous risk, the best option is to make Ecomark (Indian Ecolabel) mandatory for any cosmetic product, as Ecomarked products will have to satisfy the quality, performance and safety requirements of BIS. Those products will also declare the list of critical inputs and would not be manufactured from any carcinogenic or harmful ingredients.

A working group comprising Central Pollution Control Board (CPCB), Delhi, Consumer Unity & Trusts Society (CUTS), Kolkata, and Pharmacopoeial Laboratory of Indian Medicine (PLIM), Ghaziabad, was formed in 1994 to verify the detailed technical information of ingredients of liquid bindi, sticker bindi and sindoor before awarding Ecomark. However, as the ecolabel has not been made mandatory, no producer of those products has applied for it till date.

After liberalisation, many foreign companies are entering Indian market with their products. As a safety check, it should be examined whether these multinational companies have procured the official Ecolabel of their respective countries. The symbol of Ecolabel, on the pack of the cosmetics would help the consumers to identify a safe and eco friendly product.

This is high time that the consumers should start demanding such cosmetics and Ecolabel could be an important tool to achieve that objective.

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