[Peace-discuss] Fwd: Africa: "You talk, we die"

[Alfred Kagan]

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>Subject: Africa: "You talk, we die"
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>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: kingsley at nigeria-aids.org
>
>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: relliott at aidslaw.ca 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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-- 


Al Kagan
African Studies Bibliographer and Professor of Library Administration
Africana Unit, Room 328
University of Illinois Library
1408 W. Gregory Drive
Urbana, IL 61801, USA

tel. 217-333-6519
fax. 217-333-2214
e-mail. akagan at uiuc.edu