Press Statement by South African Treatment Action Campaign (TAC)

[James Love <love@cptech.org>]

This is from an August 4, 1999 press conference in South Africa,
by the South African Treatment Action Campaign.


I think people can get more information about this campaign from:

       Morna Cornell <mcornell@global.co.za>
     "Mark Heywood" <125ma3he@solon.law.wits.ac.za>
  
----------------------------


04 August 1999 

PRESS STATEMENT




1 MEETING WITH REPRESENTATIVES OF THE GOVERNMENT OF THE UNITED STATES OF
AMERICA

On 26 July 1999, the Treatment Action Campaign (TAC) met with

representatives of the government of the United States of America to
discuss the use of compulsory licensing and parallel importing to make
HIV/AIDS drugs available at affordable prices in South Africa. Section
15(c) of the Medicines and Related Substances Amendment Act of 1997
makes the use of compulsory licensing and parallel importing possible.
Since 1997, the US government has pressurised the South African
government to remove Section 15(c). 

The US/TAC meeting followed a TAC open letter to US Vice President Al
Gore and public pickets held on 05 July 1999 in front of the US
Consulate in Johannesburg and Cape Town. In the open letter the TAC
asked for the following :- 

· a meeting between the TAC and the US government by 31 July 1999; 

· the clarification of the US government's stance on the use of
compulsory licensing and parallel importing of HIV/AIDS drugs; 

· the precise objection of the US government to Section 15(c) of the
Medicines and Related Substances Amendment Act; 

· the clarification of how exactly the Act violated any international
trade rules; and the 

· withdrawal of US government opposition to the Medicines and Related
Substances Act by 31 July 1999.

Through this meeting the TAC established the following :- 

· the US government no longer opposes compulsory licensing and parallel
importing so long as they are done in accordance with international
trade rules; 

· according to the US government, Section 15(c) is "too broad and gives
wide powers" to the Minister of Health. This is the main objection of
the US government to Section 15(c); 

· the US government considers Section 15(c) to be "potentially" against
international trade rules. But the US government could not indicate how
exactly Section 15 (c) violates international trade rules.

2. TAC RESPONSE TO THE MEETING AND US GOVERNMENT RESPONSE 

The US government has not given a written reply to the TAC by 31 July as
it committed itself to do. We consider this to be an act of bad faith. 

The TAC is disappointed at the approach of the US government to the
meeting. The US government representatives evaded the direct questions
the TAC had asked and merely referred to general US government
statements on supporting HIV/AIDS work in Africa. 

Whilst the TAC welcomes the proposed contribution of $100 million by the
US government to fighting AIDS in Africa, we believe that developing
countries need to find sustainable local means to manufacture and
distribute essential drugs. Compulsory licensing and parallel imports
would enhance our capacity to do this. 

The question of broad powers given by the Act to the Minister of Health
is purely an internal matter which should be of concern to South African
voters. It should not concern the US government at all. 

South Africa is a member of the World Trade Organisation and abides by
all international trade rules. International trade rules allow
compulsory licensing and parallel importing. The South African
government has not used the provisions of the Medicines and Related
Substances Amendment Act yet. The essence of US pressure against South
Africa was the withdrawal of our rigth to compulsory licensing and
parallel importing. In this context, the actions of the US government
make the US government appear biased towards the interests of the
pharmaceutical companies. 

The TAC questions are important public health questions which require
clear and detailed answers from the US government - In which way is the
Act violating international trade rules? Will the US government support
compulsory licensing and parallel importing of HIV/AIDS drugs without
any conditions attached? 

3 THE US GOVERNMENT HAS A MORAL RESPONSIBILITY TO SUPPORT DEVELOPING
COUNTRIES IN FIGHTING HIV/AIDS 

Unfortunately, the US/TAC meeting demonstrates that the US government is
failing to take moral and political leadership in addressing the
HIV/AIDS epidemic in developing countries. As a leading industrial
nation, the US should ensure that public health rather than commercial
interests come first in the availability of affordable HIV/AIDS drugs.
The US has resources to support developing countries in the prevention
of HIV/AIDS, the reduction and elimination of new HIV/AIDS infections
and the provision of affordable HIV/AIDS drugs. The US government has
supported the development of effective HIV/AIDS drugs which, at current
prices, are not affordable in developing countries. 

We therefore call on the US government to do the following:- 

· withdraw its opposition to Section 15(c) of the Medicines and Related
Substances Amendment Act with immediate effect; 

· put pressure on the American drug companies to stop their court action
against the Medicines and Related Substances Amendment Act; and 

· enter into an agreement with the World Health Organisation (WHO)
giving the WHO the right to use pharmaceutical patents (based upon US
government funded research) to develop affordable HIV/AIDS drugs for
developing countries. 

If the TAC does not get satisfactory responses to the above, the TAC
will call for increased public pressure against the US government
internationally. In this regard, the TAC will call for World AIDS Day
(01 December 1999) to be used as an international day of action against
the US government. We will aim to have protests in at least 20
countries, and declare World AIDS Day a 'day of shame' for the US
government.


4 THE DRUG COMPANIES HAVE A MORAL DUTY TO SUPPORT LOWER PRICES FOR
HIV/AIDS DRUGS

The Pharmaceutical Manufacturers Association (PMA), which represents the
large foreign pharmaceutical companies based in South Africa, has
challenged the Medicines and Related Substances Amendment Act in court.
The PMA wants to protect property rights because it believes that
Section 15(c) offers the "potential for abrogation" of intellectual
property. 

The effect of the PMA court challenge has been to delay the possibility
of compulsory licensing and parallel importing of HIV/AIDS drugs. 

In the interests of public health, the drug companies also have a moral
duty to ensure that affordable HIV/AIDS drugs are available. 

We therefore call on the PMA to :- 

· meet with the TAC to explain its opposition to the Act and explore
urgent action to ensure the availability of affordable HIV/AIDS drugs; 

· withdraw its court challenge to the Act by 30 August 1999; 

· support the legal use of parallel imports and compulsory licensing of
HIV/AIDS drugs by the South African government. 

We also call on local pharmaceutical companies to :- 

· support the legal use of parallel imports and compulsory licensing of
HIV/AIDS drugs by the South African government; and to 

· meet with the TAC to explore urgent action on the local production of
affordable HIV/AIDS drugs. 

If the TAC does not get satisfactory responses to the above, the TAC
will call for increased public pressure against the PMA and member
pharmaceutical companies. In this regard, the TAC will call for 01
October 1999 to be used as a national day of action against the PMA and
member pharmaceutical companies. 

5 THE SOUTH AFRICAN GOVERNMENT MUST ACT NOW TO ACCESS AFFORDABLE
HIV/AIDS DRUGS 

The South African government has a duty to provide moral and political
leadership as well as financial support to address the HIV/AIDS
pandemic. We can no longer silently witness the hardships and deaths
cause by AIDS. 

We therefore call on the South African government to :- 

· develop a plan to manage all preventable and curable opportunistic
AIDS related infections for urgent implementation by the public and
private health care sectors. This includes the development of a list of
all essential drugs to treat these opportunistic infections and the
setting of prices for these drugs. 

· urgently implement pilot projects to provide affordable, safe and
effective anti-retroviral drugs nationally to prevent mother to child
transmission and design a national implementation strategy to make such
drugs available

· urgently implement the SA Medicines and Medical Devices Regulatory
Authority Act 

- resolve the PMA's court challenge and develop regulations to govern
compulsory licensing and parallel importing of HIV/AIDS drugs

- develop a list of all essential HIV/AIDS drugs and set prices for
these drugs; and 

· meet with the TAC and other HIV/AIDS organisations to discuss the
above issues by 30 September 1999. 

The TAC welcomes the existence of the National Consultative Health Forum
as a forum through which the government and community organisations
discuss and agree common principles on health policy. The next meeting
of the Forum will take place from 05 August 1999. 

The TAC calls on this meeting of the National Consultative Health Forum
to :

· discuss the issues of HIV/AIDS treatment, care and drugs; and 

· make recommendations on action by the South African government and
pharmaceutical companies on the above call from the TAC. 

6 WHAT WILL THE TAC DO IN THE FUTURE? 

The TAC commits itself to campaign, negotiate, pressurise, demonstrate,
litigate and use every possible legal means at our disposal, including
civil disobedience, to prevent losing any more lives in the interest of
profit. 

In this regard the TAC announces the following actions (subject to
satisfactory responses from the US government and the PMA):

· National Day of Action against pharmaceutical companies on 01 October
1999; and 

· International protests against the US government on World AIDS Day, 01
December 1999. 





-- 
James Love, Director, Consumer Project on Technology
I can be reached at love@cptech.org, by telephone 202.387.8030,
by fax at 202.234.5176. CPT web page is http://www.cptech.org