Presentation on theme: "A2k in Southern Africa Lessons from the campaign 2004-2005 What next?"— Presentation transcript:
a2k in Southern Africa Lessons from the campaign 2004-2005 What next?
Southern Africa The environment: GDP/CapitaGDPUNDP Education Index ($)($ b)Rank (out of 177) Botswana3080 5.3128 South Africa2299104.2119 Namibia14632.9126 Swaziland10911.2137 Lesotho4020.7145
Obstacles to a2k Copyright legislation IP in trade agreements Procurement inefficiencies Publishing industry history
Education South Africa: Economics 65% of households live on less than R 19000 per year (<$3000) Schools In South Africa’s 27,148 schools: 12% have computers 43% have electricity 20% have libraries ICT Access 1 in 20 South Africans has access to the internet Telecommunication rates are among the highest in the world
Affordability SA $ 21.70 India $ 6.50 UK $ 10.15 US $ 10.15 SA $ 23.70 India $ 13.50 UK $ 16.30 US $ 11.60 SA $ 44.61 India $ 12.50 UK $ 24.00 US $ 20.46 What does Long Walk to Freedom really cost? As a percentage of GDP/ Capita in USA – 0.2% As a percentage of GDP/ Capita in SA – 6.5% Imagine paying $ 365 for this book in the USA!
Copyright legislation South Africa: Limited fair dealing, cumbersome regulations No licensing for access to marginalised learners (students with sensory disability, indigenous language learners, distance learners) Compulsory licensing guidelines unclear and never used Competition policy yet untested; anti-competitive practices flourish in the publishing industry
The impact Copyright legislation Excessive pricing makes learning materials inaccessible Small/ non-existent educational publishing market in indigenous languages and alternative formats Procurement Inefficiencies (i.e. stuff beyond IP…) Result in a situation where only 1 in 5 students in the country actually owns her textbooks
IP in trade agreements SACU 4 developing countries (SA, Botswana, Namibia, Swaziland) + 1 least developed country (Lesotho) AGOA (TRIPS) EU – TDCA (TRIPS) EFTA (NO IP) US FTA (TRIPs PLUS)
US-SACU Free Trade Agreement TRIPs Plus demands in the US-SACU FTA: Extension of copyright term Limits on compulsory licensing No parallel trade No circumvention of TPMs Governments can be directly sued by corporations Luckily, as of June 2006, the US SACU FTA negotiations are dead!
Procurement SA Department of Education spends $ 300 million annually to purchase textbooks for schools... But the actual buying is done by several entities and there is minimal price negotiation Department of Education (Central Government) Provincial Governments Individual Schools PUBLISHERS
a2k Southern Africa: Strategy A mesh of coordinated strategies: Research State of access to learning materials Domestic/ regional IP law analysis Feasibility of using competition law to regulate publishing Advocacy IP reform locally and globally Open access content policy promotion Mobilization Consumers, teachers and students
a2k Southern Africa: The structure Local coalition Advocacy: IP reform and policies on open content, locally/ regionally Self-determination: Implementing open content usage projects, increasing open content creation Research: The state of access to learning materials, feasibility of a competition policy complaint Mobilisation: Grassroots support
What next? Education IP links to be built and made stronger More representation from consumers, teachers and students Expand the definition of “knowledge” Learn from access to medicines Global coalitions on a2k
Education Intellectual Property More links with education activists and NGOs? Action Aid and OSI are attempting a first step towards this
Less technocrat-driven More consumers, users, teachers and students!
Expand “knowledge” Singapore: “Be creative. Now.” “To make its creative economy work, Singapore wants to nurture its arts, film, music, theater and literary community to create a vibrant creative class, Lee said. Singapore's Esplanade on the Bay, a giant concert hall and theater opened in 2002 and signifies the country's efforts to become a major arts center. The Singapore government has also read social theorist Richard Florida's book "The Rise of the Creative Class'" and hired him as a consultant.” For the rest of us, creativity tends to be an unpredictable thing; so lets encourage and include “useless knowledge”
Lessons from access to medicines Mobilizing mass public support has proved to be crucial Movements have been led by affected users Industry lobbies are not invincible Even so, domestic legal change can take time
Global coalitions on a2k How about a specific campaign on…
…Banning the banning of piracy CI: Indonesia …it is said that the lack of sustained enforcement on book piracy and photocopying has benefited the users, giving them access to cheap educational materials. As admitted by many students, photocopying is indeed their main means of gaining access to textbooks that they cannot afford. It would be a problem for the students if the government were to start prosecuting commercial photocopying shops for copyright violation. UNCTAD/ICTSD: Southern Africa …We conclude that currently, neither does copyright legislation in SACU countries make significantly positive provisions for access to learning materials, nor does it take full advantage of the flexibilities provided by TRIPs. Ironically, it is precisely in this disabling legal environment that the SACU countries are being asked – by domestic and international publishing industry lobbies – to strengthen the enforcement of criminal sanctions for certain copyright violations, even as they constitute an access mechanism in a context that offers few alternatives.
…Banning the banning of piracy Is domestic copyright law TRIPs plus? Does it promote a2k? No? Then ban the enforcement of criminal sanctions for piracy Until every other aspect of TRIPs compliance that promotes a2k is implemented