On the surface, the fear and urgency of a new breast cancer diagnosis seems far removed from a huge international trade deal. And yet, as the executive director of Breast Cancer Action, I am acutely aware of how the highly contested Trans-Pacific Partnership (TPP) threatens the health and well-being of women.
Although negotiations between the world's biggest economic players can feel disconnected and distant from the day-to-day issues of women living with or at risk of breast cancer, the truth is these massive multinational trade deals play out in ways that directly impact all of us. These impacts include restricting access to affordable cancer treatments and increasing our exposure to chemicals that increase our risk of cancer.
The TPP is a sweeping free trade deal negotiated in secret by the U.S. and 11 other Asian and European countries, with the “help" of more than 600 corporate advisors, including institutions and corporations that produce policies or products linked to breast cancer, like the American Chemistry Council, Avon and Chevron. Yet, while these multibillion dollar giants have a seat at the table, the public is forced to rely only on leaked snippets of information about the trade deal that will impact many aspects of our lives—and bodies.
And as if the secretive and back room deal politicking isn't bad enough, President Obama has asked Congress to give him authority to quickly pass, or “fast-track," the deal. Yesterday the Senate said "no" to moving forward with Fast Track—and we must keep the pressure on.
As the head of a watchdog organization for the breast cancer movement, I work to ensure that public health and patient interests come before those of big business—and I say no way to secret trade deals that harm our health and well-being, especially when we have no say in the matter. I am outraged that information revealed so far about the TPP shows that while it will be great for multinational corporations, it would be, as is too often the case, terrible for our health.
The TPP both threatens access to affordable treatments and limits regulation that protects the public from toxic exposures and processes. This means that not only will more people be exposed to chemicals that are known and suspected to cause health harm, but the treatments for these medical problems will be more expensive as a result of the TPP.
Cost of treatment for breast cancer (and other) patients is a critical issue in the U.S. Too many women already experience first-hand the exorbitant cost of cancer drugs in the U.S.: 11 out of the 12 cancer drugs approved by the U.S. Food and Drug Administration (FDA) in 2012 cost more than $100,000 per year. The current U.S. patent system is designed to reward drug companies for introducing new treatments by providing them with a period of exclusivity, during which no other drug company can sell a competing or generic version of that drug.
The Obama administration once acknowledged that an important step in making cancer treatments more affordable is by limiting this period of exclusivity so that generic options can come onto the market more quickly and provide cancer patients with affordable treatments options. Despite this, the administration is reportedly pushing for market exclusivity periods to last 12 years.
According to language in the TPP's leaked intellectual property chapter, the trade deal would require all participating countries to enact automatic market exclusivity periods on many essential medical drugs, including biological therapies used to treat cancer. In this way, no country would be able to take action within their borders to bring down the cost of treatment by reforming the patent system or reducing the period of exclusivity. It could also limit the U.S. government from negotiating with pharmaceutical companies for lower prices and better reimbursements for patients requiring Medicaid and Medicare. And it would spell disaster for developing countries signing on to the deal.
By locking all 12 nations into patents with long exclusivity periods, the TPP removes any chance for participating countries to take action to reduce the cost of breast cancer and other medical treatments. The TPP would limit access to life-saving treatment by keeping drug prices high—and out of reach of too many patients. This is unacceptable and wrong.
The TPP will include an “Investor-State Dispute Settlement" (ISDS) provision, which allows international investors—mainly multinational corporations—to sue a country if its laws interfere with their profits. Corporations are able to bypass domestic courts and go before an international tribunal of private lawyers, who can, in turn, force nations to pay compensation or “reparation" to corporations—sometimes handing over millions in taxpayer dollars. While ISDS is a provision in many international trade agreements, the TPP expands the current reach of ISDS to thousands of corporations in the twelve countries signing on to the trade deal.
Currently, the nation's fifth-largest pharmaceutical company, Eli Lilly, is using an ISDS to challenge Canada's drug approval process. After finding that one of Eli Lilly's drugs was not effective, Canada invalidated one of its drug patents. In response, Ely Lilly is attempting to use the ISDS provision under the North American Free Trade Agreement (NAFTA) to sue Canada for $500 million. The TPP threatens to expand the power of pharmaceutical corporations like Eli Lilly to set and maintain high drug costs—and high profits at the expense of patient well-being.
Not only do the TPP and its ISDS provision threaten to keep the costs of breast cancer treatments high, this trade deal will also erode efforts to stop cancer before it starts—meaning more and more people may need these exorbitantly expensive cancer treatments.
Health activists, environmental justice activists, and healthcare professionals have long sought strong chemical policy reform in the U.S. to limits exposures to toxic chemicals—some of which have been linked to breast cancer—in consumer, personal care, and household products. While we have a long way to go to strengthen the Toxic Substance Control Act (TSCA) and other chemical regulatory policies, the TPP would enable countries importing goods to the U.S. to bypass our existing chemical safety regulations. As a result of ISDS, countries signing on to the TPP won't be held to U.S. standards for chemical safety when importing their goods here.
Similarly, activists across the country have been fighting for both local and national bans on fracking, a process using many chemicals linked to breast cancer and other health harms. But because of ISDS, foreign oil and gas corporations could sue the U.S. if they assert that our fracking bans interfere with their profit – thus undermining the important work the anti-fracking movement is doing in the U.S. to limit its toxic impact.
We must take a stand and demand public health comes before corporate profit. We must stand against the TPP which blatantly and unapologetically shifts power away from people and toward corporations. Not only would the TPP block vital work to reduce toxic exposures that increase our risk of breast cancer in the first place, the TPP threatens access to affordable and effective treatments for women who are diagnosed with breast cancer.
Now is the time to tell our Congressional representatives: Don't trade away our health.
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Though made in large part of plastic, glass, ceramics, gold and copper, they also contain critical resources. The gallium used for LEDs and the camera flash, the tantalum in capacitors and indium that powers the display were all pulled from the ground — at a price for nature and people.
"Mining raw materials is always problematic, both with regard to human rights and ecology," said Melanie Müller, raw materials expert of the German think tank SWP. "Their production process is pretty toxic."
The gallium and indium in many phones comes from China or South Korea, the tantalum from the Democratic Republic of Congo or Rwanda. All in, such materials comprise less than ten grams of a phone's weight. But these grams finance an international mining industry that causes radioactive earth dumps, poisoned groundwater and Indigenous population displacement.
Environmental Damage: 'Nature Has Been Overexploited'
The problem is that modern technologies don't work without what are known as critical raw materials. Collectively, solar panels, drones, 3D printers and smartphone contain as many as 30 of these different elements sourced from around the globe. A prime example is lithium from Chile, which is essential in the manufacture of batteries for electric vehicles.
"No one, not even within the industry, would deny that mining lithium causes enormous environmental damage," Müller explained, in reference to the artificial lakes companies create when flushing the metal out of underground brine reservoirs. "The process uses vast amounts of water, so you end up with these huge flooded areas where the lithium settles."
This means of extraction results in the destruction and contamination of the natural water system. Unique plants and animals lose access to groundwater and watering holes. There have also been reports of freshwater becoming salinated due to extensive acidic waste water during lithium mining.
But lithium is not the only raw material that causes damage. Securing just one ton of rare earth elements produces 2,000 tons of toxic waste, and has devastated large regions of China, said Günther Hilpert, head of the Asia Research Division of the German think tank SWP.
He says companies there have adopted a process of spraying acid over the mining areas in order to separate the rare earths from other ores, and that mined areas are often abandoned after excavation.
"They are no longer viable for agricultural use," Hilpert said. "Nature has been overexploited."
China is not the only country with low environmental mining standards and poor resource governance. In Madagascar, for example, a thriving illegal gem and metal mining sector has been linked to rainforest depletion and destruction of natural lemur habitats.
States like Madagascar, Rwanda and the DRC score poorly on the Environmental Performance Index that ranks 180 countries for their effort on factors including conservation, air quality, waste management and emissions. Environmentalists are therefore particularly concerned that these countries are mining highly toxic materials like beryllium, tantalum and cobalt.
But it is not only nature that suffers from the extraction of high-demand critical raw materials.
"It is a dirty, toxic, partly radioactive industry," Hilpert said. "China, for example, has never really cared about human rights when it comes to achieving production targets."
Dirty, Toxic, Radioactive: Working in the Mining Sector
One of the most extreme examples is Baotou, a Chinese city in Inner Mongolia, where rare earth mining poisoned surrounding farms and nearby villages, causing thousands of people to leave the area.
In 2012, The Guardian described a toxic lake created in conjunction with rare earth mining as "a murky expanse of water, in which no fish or algae can survive. The shore is coated with a black crust, so thick you can walk on it. Into this huge, 10 sq km tailings pond nearby factories discharge water loaded with chemicals used to process the 17 most sought after minerals in the world."
Local residents reported health issues including aching legs, diabetes, osteoporosis and chest problems, The Guardian wrote.
South Africa has also been held up for turning a blind eye to the health impacts of mining.
"The platinum sector in South Africa has been criticized for performing very poorly on human rights — even within the raw materials sector," Müller said.
In 2012, security forces killed 34 miners who had been protesting poor working conditions and low wages at a mine owned by the British company Lonmin. What became known as the "Marikana massacre" triggered several spontaneous strikes across the country's mining sector.
Müller says miners can still face exposure to acid drainage — a frequent byproduct of platinum mining — that can cause chemical burns and severe lung damage. Though this can be prevented by a careful waste system.
Some progress was made in 2016 when the South African government announced plans to make mining companies pay $800 million (€679 million) for recycling acid mine water. But they didn't all comply. In 2020, activists sued Australian-owned mining company Mintails and the government to cover the cost of environmental cleanup.
Another massive issue around mining is water consumption. Since the extraction of critical raw materials is very water intensive, drought prone countries such as South Africa, have witnessed an increase in conflicts over supply.
For years, industry, government and the South African public debated – without a clear agreement – whether companies should get privileged access to water and how much the population may suffer from shortages.
Mining in Brazil: Replacing Nature, People, Land Rights
Beyond the direct health and environmental impact of mining toxic substances, quarrying critical raw materials destroys livelihoods, as developments in Brazil demonstrate.
"Brazil is the major worldwide niobium producer and reserves in [the state of] Minas Gerais would last more than 200 years [at the current rate of demand]," said Juliana Siqueira-Gay, environmental engineer and Ph.D. student at the University of São Paulo.
While the overall number of niobium mining requests is stagnating, the share of claims for Indigenous land has skyrocketed from 3 to 36 percent within one year. If granted, 23 percent of the Amazon forest and the homeland of 222 Indigenous groups could fall victim to deforestation in the name of mining, a study by Siqueira-Gay finds.
In early 2020, Brazilian President Jair Bolsonaro signed a bill which would allow corporations to develop areas populated by Indigenous communities in the future. The law has not yet entered into force, but "this policy could have long-lasting negative effects on Brazil's socio-biodiversity," said Siqueira-Gay.
One example are the niobium reserves in Seis Lagos, in Brazil's northeast, which could be quarried to build electrolytic capacitors for smartphones.
"They overlap the Balaio Indigenous land and it would cause major impacts in Indigenous communities by clearing forests responsible for providing food, raw materials and regulating the local climate," Siqueira-Gay explained.
She says scientific good practice guidelines offer a blueprint for sustainable mining that adheres to human rights and protects forests. Quarries in South America — and especially Brazil — funded by multilaterial banks like the International Finance Corporation of the World Bank Group have to follow these guidelines, Siqueira-Gay said.
They force companies to develop sustainable water supply, minimize acid exposure and re-vegetate mined surfaces. "First, negative impacts must be avoided, then minimized and at last compensated — not the other way around."
Reposted with permission from DW.