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Date: Tue, 30 Sep 2003 10:15:42 -0500
From: Africa Action <[log in to unmask]>
To: [log in to unmask]
Subject: Africa: "You talk, we die"
AFRICA ACTION
Africa Policy E-Journal
September 30, 2003 (030930)
Africa: "You talk, we die"
(Reposted from sources cited below)
As the 13th International Conference on AIDS and STIs in Africa
(ICASA) concluded in Nairobi, Kenya last week, observers were
unanimous in noting the stress on the urgent need for
leaders - national and international - to deliver on promises.
Despite overwhelming consensus on the need for treatment,
UNAIDS reported that at the end of 2002 only an estimated 50,000
people in sub-Saharan Africa were receiving life-prolonging anti-
retroviral treatment, about one percent of 4.1 million in
immediate need of such treatment. The predictable result - millions
of deaths - is still meeting with such responses as President Thabo
Mbeki's recent remark that he personally didn't know anyone who had
died of AIDS, and the Bush administration's drive to defeat an
additional $1 billion of U.S. funding for the Global Fund to Fight
AIDS, TB, and malaria.
Reports noted the new level of commitment by the World Health
Organization, which pledged to ensure treatment for an additional
three million people by 2005. Attaining this goal, however, will
require massive increases in resources, as well as full use of
low-cost generic drugs. On that front, the prospect emerged last week
that Canada might become the first G-7 country to join Brazil and
India in providing generic anti-retrovirals to countries unable to
manufacture them. If this should happen, despite the lobbying of
pharmaceutical companies against it, it could be a major breakthrough
in turning promises of treatment into reality.
This posting contains two reports from Nairobi, including the
closing speech by Nomfundo Dubula on behalf of the Pan African
Treatment Access Movement. It also includes a press release and
excerpts from a letter from Canadian organizations on the current
move to amend Canada's patent act to allow increased export of
Canadian generic medicines.
+++++++++++++++++end summary/introduction+++++++++++++++++++++++
"You talk, we die":
Activists protests poor access to treatment in Africa
Nigeria-AIDS eForum
http://www.nigeria-aids.org
September 26, 2003
Kingsley Obom-Egbulem
Nigeria-AIDS eForum correspondent
Email: [log in to unmask]
Nairobi, Kenya
The 13th International Conference on AIDS and STIs in Africa
(ICASA) would not have been complete without their presence and
action.
And they had waited patiently to make their presence and feelings
felt.
Just as delegates were about settling down to business on the third
day of the conference, they rose and spoke, and ensured that
everyone heard their voices.
Numbering just about a hundred, the activists under the aegis of
the Pan-African AIDS Treatment Access Movement (PATAM) spoke,
kicked, railed and acted up against many 'enemies' of access to
treatment for HIV/AIDS in Africa: Big Pharma, the unfeeling,
profit-focused multinational corporations, African leaders who have
refused to provide treatment for their peoples.
"You talk, we die", yelled the activists, as they mounted a
blockage of the VIP and heads of governments lounge at the Kenyatta
International Conference Centre, venue of the ICASA.
"I am alive today because of access to treatment", cried Prudence
Mabele of the Positive Women's Network South Africa, as she joined
others to stage a lie-in on the conference grounds.
"AIDS treatment now", the activists chanted as they marched round
the premises, making quick stops at the stands of Bristol Myers
Squibb, Glaxo Smithkline (GSK), Merck Sharp Dome (MSD), - all
major western pharmaceutical companies - as well as that of the
United States Agency for International Development (USAID). Each
stand was blockaded and covered up in posters bearing messages:
'Guilty', 'Keep your promises', 'You talk, we die'.
"No thanks to these people, Africans are dying because we can't get
drugs", said one of the activists. The death, last month, of
Togolese AIDS activist Iris Kavege must have infuriated the
activists who felt her life would have been prolonged if she had
access to life-saving but unaffordable treatment.
About 60,000 Africans are said to have access to drugs. This figure
is about 1 percent of the actual number of people who need
treatment. Several promises have been made to improve the situation
but the activists feel it needs to be backed by necessary action so
as to prolong the life of PLWHAs.
Mercy Otim of the Kenya Coalition for Access to Essential Medicines
called this "the height of government neglect."
"In Kenya, about 250,000 people living with HIV need immediate
treatment or they will die," she said.
Ironically, the 13th ICASA was partly sponsored by some of the
pharmaceutical companies the activists are protesting against.
Could they still be accused on insensitivity considering this
gesture? Mohammed Farouk Auwalu of the Treatment Action Movement
(TAM) Nigeria described that as a Greek gift.
"It is a fraction from the money they made from those of us who are
infected that they are using to sponsor these conferences so that
they can launder their image. We don't want conferences...we want
drugs, affordable or even free drugs".
At a press conference called after the protest, the activists also
criticized some African governments for holding the view that what
people living with HIV is nutrition, not treatment.
"We are eating. We have food in Africa, but we cannot eat food
alone. We must take drugs to compliment good nutrition," said
Patricia Asero of the Kenya Treatment Access Movement.
******************************************************************
Closing ceremony, ICASA 2003 (September 26, 2003)
Speach by Nomfundo Dubula on behalf of the people living with HIV
My name is Nomfundo Dubula. I am a person living with HIV. I am
from the Treatment Action Campaign in South Africa and I also
represent the Pan African Treatment Access Movement.
I want to say that as communities and people living with HIV we ARE
ANGRY. Our people are dying unnecessarily.
African leaders, the ball is on your hands. You have to decide
whether you want to lead a continent without people. So, stop
playing hide and seek whilst people are dying.
The World Health Organisation has declared antiretroviral therapy
a STATE OF GLOBAL EMERGENCY and our leaders are still in state of
denial.
The Doha and the UNGASS declarations have opened the way to decide
about the future of Africa, so, WHEN IS YOUR ACTION ?? The Doha
declaration on health is hope, and it MUST be implemented.
Two years ago, the Abuja declaration promised 15% of the budget on
health BUT up to now that has not happened. How many people must
die?? Please, move from talks to real action.
Give women powers to decide and lead and they will overcome this
epidemic.
African leaders, lead us. Don't divide people living with HIV, as
we all want to assist in this fight.
We need CCM's in each country with positive attitudes towards
treatment, specially ARV's, so that we have effective and
unequivocal treatment plans.
We need you to speak out about nutrition and not confuse us with
the debate about nutrition versus ARVs. NUTRITION GOES HAND IN HAND
WITH ARVs!
I also want to address the WHO. WHO has promised to give technical
assistance in the procurement of drugs. Now we need your assistance
in our countries to ensure that cheaper generic drugs reach every
country, with or without manufacturing capacity.
You also have a key role in ensuring resources for poor countries.
The 3 by 5 plan should also ensure that all treatment programmes
include treatment literacy efforts. On our side, we commit
ourselves in educating our people and ensure adherence.
We need real leadership in the implementation of effective
strategies to reach the 3 by 5 goal. We will assist you in this
effort if you show commitment and independence in prioritizing
people's health over any other interest.
I want to refer to the drug companies, whose bags are full with
profits. Stop squeezing poor Africans which only represent 1.3% of
your global market.
Don't delay access by giving exclusive licenses that are only
transferring the monopoly to local companies blocking competition.
Your diagnostics are still too expensive and inaccessible.
Provide low prices and allow our governments to bring us
life-saving drugs and the necessary monitoring systems.
I want to say to the donors that they should donate more money to
the Global Fund. We welcome the US initiative led by president
Bush. But we want money that is free of hidden agendas. Put more
money in the Global Fund and stop blocking our government's rights
to import generic drugs.
IMF and World Bank should cancel the debt, as Africa is fighting
for its life. Don't even pinch the last drop of its blood.
And where was the Global Fund in this conference? How can you
communicate with our brothers and sisters, and what is going on
with their countries proposals? We need you to have a booth in the
GNAP+ conference so that you can be visible, and we can ask
questions.
The Pan African Treatment Access Movement - PATAM - is fighting for
the lives of Africans. So, we will continue to mobilize our people
as we did in the court case of the Pharmaceutical companies against
the South African Governent.
We will continue to mobilize our people as we South Africans did in
the PMTCT court against our government.
We will continue to mobilize our communities to ensure access to
treatment and care.
We will continue giving treatment literacy workshops to ensure
adherence, promoting VCT, prevent new infections and promote
openness.
We will be watchdogs in ensuring real implementation.
AMANDLA, AMANDLA
POWER, TO THE PEOPLE.
**************************************************************
Export of generic medicines to developing countries
Amendment to Patent Act must benefit as many as possible, urge
Canadian organizations
Press Release
Canadian HIV/AIDS Legal Network
September 26, 2003
http://www.aidslaw.ca/Maincontent/issues/cts/patent-amend.htm
For more information:
Richard Elliott Director, Policy & Research /
Directeur, politiques et recherche
Canadian HIV/AIDS Legal Network /
Reseau juridique canadien VIH/sida
890 Yonge Street, Suite 700, Toronto, Canada M4W 3P4
Tel : +1 (416) 595-1666 Fax +1 (416) 595-0094
E-mail: [log in to unmask] Web: http://www.aidslaw.ca
For information or interviews, contact: Jean Dussault 514 708-0128
Toronto, September 26 - The Canadian HIV/AIDS Legal Network
welcomed today the federal government's announcement that it will
amend the Patent Act to allow exports of lower-cost generic
medicines to developing countries, and called on all parties in the
House of Commons to support this measure. But the Network also
cautioned that the government must not restrict the amendment in
ways that would limit its real benefit to patients needing
medicines.
"We congratulate the government for heeding the call to action,"
said Richard Elliott, the Network's Director of Policy & Research.
"This is an opportunity for Canada to act on its stated commitment
to international human rights, and respond in a concrete and
immediate fashion to the health challenges facing developing
countries. We urge all political parties to ensure speedy passage
of this amendment. Thousands are dying by the day."
The Legal Network called on the government to follow through with
legislation that will translate into concrete benefits for as many
people as possible, and to resist any calls to water down the
amendment, highlighting three concerns:
* "We are concerned by any suggestion that this amendment will only
allow generic exports to countries facing health 'emergencies',"
said Elliott. "There is no justification for restricting Canada's
response in this fashion. How many people would have to be sick or
die before something is considered an 'emergency'? Waiting for
things to become a crisis before getting medicines to people would
be bad medicine and bad public policy." He also noted that, despite
inaccurate interpretations often reported in the media, WTO rules
and agreements do not say that countries can only limit patent
rights in emergency situations.
* Elliott also warned against any attempt to limit the amendment to
just providing generic drugs for specific diseases. "Are we going
to say that someone in a developing country should be able to get
less expensive drugs if they have HIV or tuberculosis, but they
should just die if they have cancer or diabetes or asthma?"
* Finally, the Legal Network called on the government to not limit,
by Canadian law, the countries to which generic medicines could be
exported. Elliott explained, "It is up to other sovereign countries
to decide how to respond to the health needs of their people. If
a drug is not patented in a country, or a compulsory license has
been issued there to allow the import of generic drugs in
accordance with that country's laws, there is no reason why
Canadian law should stand in the way of generics being exported to
that country."
Before the government's announcement, the Legal Network and other
organizations wrote this week to the Minister of Industry putting
forward a proposed amendment and requesting a meeting to discuss
the details. "We look forward to hearing from the Minister soon
about our request," said Elliott. "It is important that it not
just be government and industry involved in this. Civil society
groups with expertise in this area and who are responding on the
ground need to be part of the discussions."
*************************************************************
Patent Act amendments and the export of Canadian-made generic
medicides
Letter from Canadian HIV/AIDS Legal Network, M,decins Sans
FrontiSres (Canada), Interagency Coalition on AIDS and Development
(Canada) and Director Oxfam Canada
[excerpts only; full text at
http://www.aidslaw.ca/Maincontent/issues/cts/patent-amend.htm]
September 23, 2003
Hon. Allan Rock
Minister of Industry
Office of the Minister
235 Queen Street East
Ottawa, ON K1A 0H5
Dear Minister:
Re: Patent Act amendments and the export of Canadian-made generic
medicines
We write to you, as representatives of Canadian civil society
organizations, to request that the Government of Canada take a
simple, yet significant, step to demonstrate leadership and to
enhance our country's response to the HIV/AIDS pandemic and other
global health challenges: we ask that you amend Canada's Patent Act
to facilitate the export of Canadian-made generic medicines to
developing countries in need. We also respectfully request the
opportunity to meet with you to discuss our proposal in more
detail.
Recent developments at the World Trade Organization
As you know, for several years a worldwide debate has been
occurring over the impact on access to affordable medicines in
developing countries of stringent provisions on intellectual
property protection in international treaties such as the Agreement
on Trade-Related Aspects of Intellectual Property Rights (TRIPS
Agreement) of the World Trade Organization. In November 2001, at
the 4th WTO Ministerial Conference in Doha in November 2001, WTO
members unanimously adopted a "Declaration on the TRIPS Agreement
and Public Health". In that Declaration, they expressly stated
that:
"We agree that the TRIPS Agreement does not and should not prevent
Members from taking measures to protect public health. Accordingly,
while reiterating our commitment to the TRIPS Agreement, we affirm
that the Agreement can and should be interpreted and implemented in
a manner supportive of WTO Members' right to protect public health
and, in particular, to promote access to medicines for all..."
In Paragraph 6 of the same Declaration, WTO Members recognized that
countries "with insufficient or no manufacturing capacities in the
pharmaceutical sector could face difficulties in making effective
use of compulsory licensing under the TRIPS Agreement." ... WTO
Members instructed the Council for TRIPS to find an expeditious
solution to this problem by the end of 2002.
Since the Declaration was adopted in Doha, it has taken over 21
months for WTO members to agree on a "solution" as called for by
the Ministerial Conference. On 30 August 2003, WTO Members adopted
an agreement ostensibly aimed at solving this problem, so as to
make it possible for countries lacking domestic manufacturing
capacity to import generic medicines produced elsewhere under
compulsory license.
We welcome the fact that, despite the efforts of some countries,
this agreement is not limited in its application to only specific
diseases, nor is it restricted to emergency situations only.
However, as you will be aware, numerous humanitarian and other
nongovernmental organizations have been critical of this deal for
imposing various restrictions on the use of compulsory licensing
not faced by countries with developed manufacturing capacity in the
pharmaceutical sector. In our view, the "solution" is burdened with
procedural obstacles and is open to abuse by those who wish to
limit or prevent countries from availing themselves of it in order
to access imports of less expensive generic medicines. ...
To this end, countries such as Canada have a contribution to make,
as the home to potential suppliers of lower-cost medicines. We have
a well-developed generic pharmaceutical sector, with the capacity
to produce medicines urgently needed in many developing countries.
We note that the Canadian General Pharmaceutical Association has
consistently stated that its member companies wish to produce
generic formulations of medicines for export to developing
countries. ...
Yet, because of the state of Canadian law, the resources of this
sector cannot currently be marshalled to respond to this global
need. ...
We call upon the Government of Canada to show leadership ...by
immediately amending the Patent Act to facilitate the production in
Canada of generic medicines for export to developing countries.
Proposed amendment to the Patent Act
... It would, therefore, be open to Canada to simply amend the
Patent Act to insert a provision creating the following "limited
exception" to the exclusive rights of a patentee under Canadian
law:
Manufacturing of a pharmaceutical product by a person other than
the patentee shall be allowed if the pharmaceutical product is
intended for export to a country in which, in respect of that
product, either a compulsory license has been issued or a patent is
not in force.
An accompanying amendment should make it clear, in line with the
wording of the decision adopted by the WTO General Council on 30
August 2003, that the term "pharmaceutical product" means "any
patented product, or product manufactured through a patented
process, of the pharmaceutical sector" and includes "active
ingredients necessary for its manufacture and diagnostic kits
needed for its use."
Such an amendment would be the most straightforward manner in which
to facilitate the production of Canadian generics for export to
respond to the need for more affordable medicines in many
developing countries. ...
We wish to point out that not only does Canada have a moral duty to
take such a simple step to prevent unnecessary death and suffering,
but amending our Patent Act to remove restrictions on generic
exports is also consistent with Canada's duties under international
human rights law. ...
Amending our Patent Act as we have proposed is in line with our
legal obligations to take legislative and other measures as part of
Canada's international assistance and cooperation in protecting,
promoting and fulfilling the human right to health.
The situation facing many developing countries is dire already, and
worsening by the day. We trust you share our sense of urgency and
our wish to ensure that Canada does whatever it can to respond
quickly and effectively to the global crises of HIV/AIDS,
tuberculosis and malaria, and the many other health needs of poor
people and countries. ... It is time to take this small, but
significant, step in helping sick people get access to affordable
medicines. ,,,
+++++++++++++++++++++Document Profile+++++++++++++++++++++
Date distributed (ymd): 030930
Region: Continent-Wide
Issue Areas: +health+ +economy/development+ +security/peace+
************************************************************
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