[Ip-health] update: treatment advocacy in Canada - meetings with PM and
trade minister
Richard Elliott
relliott@aidslaw.ca
Tue, 06 Nov 2001 18:12:02 -0500
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An update on WTO and treatment advocacy in Canada....
Action alert
Last week, a coalition of 6 national human rights, humanitarian and=20
development organizations launched an "Urgent Action" alert targeting the=20
Canadian government, with the goal of getting Canada to support the=20
developing countries' proposals at the WTO for a Ministerial declaration=20
that would assist with gaining access to affordable medicines in developing=
=20
countries. A joint letter (made public) was sent to the Prime Minister and=
=20
6 key Cabinet ministers. An "open letter" was sent to all Members of=20
Parliament. And sample letters have been distributed for anyone to mail to=
=20
the Trade minister and their own Member of Parliament. This campaign in=20
on-going. All documents are on-line at:
http://www.parl.gc.ca/37/1/parlbus/chambus/house/debates/109_2001-11-05/HAN1=
09-E.htm
(Those of you in Canada, if you have not written yet, please go the above=20
site and do so. People outside of Canada are also encouraged to write.=20
Note that it is possible, from the above webpage, to e-mail a letter=20
directly to Canada's Minister for International Trade with a sample letter.)
Media
Yesterday morning (5 November 2001), a series of 11 media interviews with=20
CBC Radio stations across Canada were done by a representative of the=20
coalition, explaining why Canada must change its position and support the=20
developing countries at the WTO in ensuring the needed flexibility under=20
the TRIPS Agreement to make medicines more affordable.
Meeting with Prime Minister and Trade minister
Yesterday afternoon (5 November 2001), M=E9decins sans fronti=E8res Canada=
and=20
the Canadian HIV/AIDS Legal Network had brief (separate) meetings with=20
Canadian Prime Minister Jean Chr=E9tien and Minister Pierre Pettigrew=20
(International Trade, head of Canada's delegation to WTO meeting in Doha)=20
to discuss the issue of Canada's role in the ongoing negotiations at the=20
WTO over a declaration "clarifying" the TRIPS Agreement and its impact on=20
access to affordable medicines.
As expected, we got no commitments from the government, but the fact that=20
meetings were held reflects the fact that they are clearly feeling that=20
they need to be perceived as addressing this issue. There were no=20
surprises: both repeated that they are committed to the TRIPS Agreement;=20
that incentives for R&D need to be protected; that they do favour=20
flexibility to respond to health needs.
The Minister for International Trade stated that Canada was willing to be=20
flexible in a draft declaration, but that it was unlikely Canada would=20
agree to a statement as broad as "nothing in this Agreement shall prevent=20
countries from taking measures to protect public health." His objection to=
=20
this broad language is that it essentially "gets rid of TRIPS," which is=20
why Canada will support narrower language (eg, "access to medicines", to=20
deal with "health crises", etc.) We have argued that the TRIPS agreement=20
already makes reference to "public health", so this should not be=20
problematic, and that flexibility should not be limited to only dealing=20
with things once they have reached a "crisis" state, or limited to dealing=
=20
with specific diseases.
So, no real movement from their current position on this front, as far we=20
could tell. He pointed the finger again at Brazil and India, saying that=20
they were pushing a much bigger agenda. (This, of course, ignores that=20
there are more than 70 other countries, and many NGOs, also supporting the=
=20
developing country proposals, surely not all of whom are mindlessly under=20
the sway of the Brazilian government.)
When pressed specifically on the need to address restrictions in TRIPS=20
Article 31, the Minister for Trade indicated that allowing production under=
=20
compulsory licenses for export to countries that do not have their own=20
domestic capacity to manufacture generics "sounds like a good idea." We=
=20
will try to push further on at least this point.
To that end... Following up on our meeting of yesterday afternoon, we have=
=20
written today to the Prime Minister, the Trade minister, to Canada's senior=
=20
government representatives directly involved in the negotiations, and to=20
numerous opposition politicians with a summary of the key points we raised=
=20
with the Prime Minister and the Trade minister and reiterating our requests=
=20
for movement by Canada on these fronts. We have made express reference to=20
the Trade Minister's agreement that Canada must look at this issue and hope=
=20
that this will provide an opening for further pressure from opposition=20
politicians, questions from media, etc.
(The letter is available on-line at www.aidslaw.ca.)
Debate in House of Commons
There was also a debate yesterday evening in Canada's House of Commons on a=
=20
variety of issues relating to the upcoming WTO Ministerial Conference in=20
Doha. A few Members of Parliament spoke to the issue of access to=20
treatments in developing countries - excerpts below. (Many of the=20
questions focussed on agriculture, the environment, and the softwood lumber=
=20
dispute with the US.)
As could be expected, the Bloc Qu=E9becois and the New Democratic Party=20
critics were best. (The full text of the transcript can be found at
http://www.parl.gc.ca/37/1/parlbus/chambus/house/debates/109_2001-11-05/HAN1=
09-E.htm.)
"In the case of AIDS for instance, it is completely
unacceptable that developing countries are denied
access, with a price that is acceptable to them, that
they can pay, so that their populations have access to
drugs."
- Ms. Francine Lalonde (Mercier, Bloc quebecois)
"The member knows that a lively debate was held in the
House recently over patent law and the issue of
ensuring that cheaper generic versions of Cipro were
available to Canadians in times of crisis and in view
of the terrorist threat these days. I would like to
know from the member how his coalition feels about
drugs being denied to people in third world countries,
in developing nations, in the face of such serious
threats as HIV and AIDS when the government and
presumably his party are supportive of multinational
control over this whole area and of denial of access
to cheaper generic drugs. How does he square the needs
of people in those countries in very serious
situations with this blinkered, adamant trade
liberalization approach that does not put the needs of
people first?"
+
"Mr. Chairman, I would appreciate the member's
comments on the whole issue of health care. I would
ask him how he can rationalize that argument about
giving such lucrative, generous patent protection to
multinational companies when their profits are among
the highest of any sector in our economy today while
denying access to very basic drugs to deal with the
serious threat of HIV and AIDS?"
+
"The Canadian government is going to the WTO
discussions hand in hand with the United States with a
proposal to deny third world countries and developing
nations the right to access cheaper generic drugs to
deal with the spread of HIV-AIDS."
- Ms. Judy Wasylycia-Leis (Winnipeg North Centre,
New Democratic Party)
"The government must ensure that intellectual property
negotiations carefully balance various interests. It
must recognize that some issues such as access to
medicines to respond to complex humanitarian crises
such as the AIDS situation in Africa obligate us to
address these moral questions at Doha."
- Mr. Deepak Obhrai (Calgary East, Canadian
Alliance)
Richard Elliott
Director, Policy & Research / Directeur, politiques et recherche
Canadian HIV/AIDS Legal Network / R=E9seau 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@aidslaw.ca Web: www.aidslaw.ca
The Canadian HIV/AIDS Legal Network is a partner organisation of the
AIDS Law Project of South Africa. -- Le R=E9seau juridique canadien=
VIH/sida
est un organisme partenaire du AIDS Law Project de l'Afrique du Sud.
Please help fight world hunger. One click a day sends FREE FOOD to
fight malnutrition, AIDS and other diseases. See:=
http://www.thehungersite.com
____________________________________________________________________
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<html>
<font size=3D3>An update on WTO and treatment advocacy in
Canada....<br><br>
<b>Action alert<br>
</b>Last week, a coalition of 6 national human rights, humanitarian and
development organizations launched an "Urgent Action" alert
targeting the Canadian government, with the goal of getting Canada to
support the developing countries' proposals at the WTO for a Ministerial
declaration that would assist with gaining access to affordable medicines
in developing countries. A joint letter (made public) was sent to
the Prime Minister and 6 key Cabinet ministers. An "open
letter" was sent to all Members of Parliament. And sample
letters have been distributed for anyone to mail to the Trade minister
and their own Member of Parliament. This campaign in
on-going. All documents are on-line at:<br>
<a=
href=3D"http://www.parl.gc.ca/37/1/parlbus/chambus/house/debates/109_2001-1=
1-05/HAN109-E.htm"=
eudora=3D"autourl">http://www.parl.gc.ca/37/1/parlbus/chambus/house/debates=
/109_2001-11-05/HAN109-E.htm</a><br><br>
(Those of you in Canada, if you have not written yet, please go the above
site and do so. People outside of Canada are also encouraged to
write. Note that it is possible, from the above webpage, to e-mail a
letter directly to Canada's Minister for International Trade with a
sample letter.)<br><br>
<b>Media<br>
</b>Yesterday morning (5 November 2001), a series of 11 media interviews
with CBC Radio stations across Canada were done by a representative of
the coalition, explaining why Canada must change its position and support
the developing countries at the WTO in ensuring the needed flexibility
under the TRIPS Agreement to make medicines more affordable.<br><br>
<b>Meeting with Prime Minister and Trade minister<br>
</b>Yesterday afternoon (5 November 2001), M=E9decins sans fronti=E8res
Canada and the Canadian HIV/AIDS Legal Network had brief (separate)
meetings with Canadian Prime Minister Jean Chr=E9tien and Minister Pierre
Pettigrew (International Trade, head of Canada's delegation to WTO
meeting in Doha) to discuss the issue of Canada's role in the ongoing
negotiations at the WTO over a declaration "clarifying" the
TRIPS Agreement and its impact on access to affordable
medicines.<br><br>
As expected, we got no commitments from the government, but the fact that
meetings were held reflects the fact that they are clearly feeling that
they need to be perceived as addressing this issue. There were no
surprises: both repeated that they are committed to the TRIPS Agreement;
that incentives for R&D need to be protected; that they do favour
flexibility to respond to health needs.<br><br>
The Minister for International Trade stated that Canada was willing to be
flexible in a draft declaration, but that it was unlikely Canada would
agree to a statement as broad as "nothing in this Agreement shall
prevent countries from taking measures to protect <u>public
health</u>." His objection to this broad language is that it
essentially "gets rid of TRIPS," which is why Canada will
support narrower language (eg, "access to medicines", to deal
with "health crises", etc.) We have argued that the TRIPS
agreement already makes reference to "public health", so this
should not be problematic, and that flexibility should not be limited to
only dealing with things once they have reached a "crisis"
state, or limited to dealing with specific diseases.<br><br>
So, no real movement from their current position on this front, as far we
could tell. He pointed the finger again at Brazil and India, saying
that they were pushing a much bigger agenda. (This, of course,
ignores that there are more than 70 other countries, and many NGOs, also
supporting the developing country proposals, surely not all of whom are
mindlessly under the sway of the Brazilian government.)<br><br>
When pressed specifically on the need to address restrictions in TRIPS
Article 31, the Minister for Trade indicated that allowing production
under compulsory licenses for <u>export</u> to countries that do not have
their own domestic capacity to manufacture generics "sounds like a
good idea." We will try to push further on at
least this point.<br><br>
To that end... Following up on our meeting of yesterday afternoon, we
have written today to the Prime Minister, the Trade minister, to Canada's
senior government representatives directly involved in the negotiations,
and to numerous opposition politicians with a summary of the key points
we raised with the Prime Minister and the Trade minister and reiterating
our requests for movement by Canada on these fronts. We have made express
reference to the Trade Minister's agreement that Canada must look at this
issue and hope that this will provide an opening for further pressure
from opposition politicians, questions from media, etc.<br><br>
(The letter is available on-line at www.aidslaw.ca.)<br><br>
<b>Debate in House of Commons<br>
</b>There was also a debate yesterday evening in Canada's House of
Commons on a variety of issues relating to the upcoming WTO Ministerial
Conference in Doha. A few Members of Parliament spoke to the issue of
access to treatments in developing countries - excerpts below.
(Many of the questions focussed on agriculture, the environment, and the
softwood lumber dispute with the US.)<br><br>
As could be expected, the Bloc Qu=E9becois and the New Democratic Party
critics were best. (The full text of the transcript can be found at<br>
<a=
href=3D"http://www.parl.gc.ca/37/1/parlbus/chambus/house/debates/109_2001-1=
1-05/HAN109-E.htm"=
eudora=3D"autourl">http://www.parl.gc.ca/37/1/parlbus/chambus/house/debates=
/109_2001-11-05/HAN109-E.htm</a>.)<br><br>
"In the case of AIDS for instance, it is completely<br>
unacceptable that developing countries are denied<br>
access, with a price that is acceptable to them, that<br>
they can pay, so that their populations have access to<br>
drugs."<br>
- Ms. Francine Lalonde (Mercier, Bloc quebecois)<br><br>
<br>
"The member knows that a lively debate was held in the<br>
House recently over patent law and the issue of<br>
ensuring that cheaper generic versions of Cipro were<br>
available to Canadians in times of crisis and in view<br>
of the terrorist threat these days. I would like to<br>
know from the member how his coalition feels about<br>
drugs being denied to people in third world countries,<br>
in developing nations, in the face of such serious<br>
threats as HIV and AIDS when the government and<br>
presumably his party are supportive of multinational<br>
control over this whole area and of denial of access<br>
to cheaper generic drugs. How does he square the needs<br>
of people in those countries in very serious<br>
situations with this blinkered, adamant trade<br>
liberalization approach that does not put the needs of<br>
people first?"<br>
+<br>
"Mr. Chairman, I would appreciate the member's<br>
comments on the whole issue of health care. I would<br>
ask him how he can rationalize that argument about<br>
giving such lucrative, generous patent protection to<br>
multinational companies when their profits are among<br>
the highest of any sector in our economy today while<br>
denying access to very basic drugs to deal with the<br>
serious threat of HIV and AIDS?"<br>
+<br>
"The Canadian government is going to the WTO<br>
discussions hand in hand with the United States with a<br>
proposal to deny third world countries and developing<br>
nations the right to access cheaper generic drugs to<br>
deal with the spread of HIV-AIDS."<br><br>
- Ms. Judy Wasylycia-Leis (Winnipeg North Centre,<br>
New Democratic Party)<br><br>
"The government must ensure that intellectual property<br>
negotiations carefully balance various interests. It<br>
must recognize that some issues such as access to<br>
medicines to respond to complex humanitarian crises<br>
such as the AIDS situation in Africa obligate us to<br>
address these moral questions at Doha."<br>
- Mr. Deepak Obhrai (Calgary East, Canadian<br>
Alliance)<br><br>
</font><x-sigsep><p></x-sigsep>
<font size=3D2>Richard Elliott<br>
Director, Policy & Research / Directeur, politiques et=20
recherche<br>
Canadian HIV/AIDS Legal Network / R=E9seau juridique canadien=20
VIH/sida<br>
890 Yonge Street, Suite 700, Toronto, Canada M4W 3P4<br>
Tel : +1 (416) 595-1666
<x-tab> </x-tab><x-tab> =
</x-tab>Fax
+1 (416) 595-0094<br>
E-mail:
relliott@aidslaw.ca<x-tab> </x-tab>Web:
<a href=3D"http://www.aidslaw.ca/"=
eudora=3D"autourl">www.aidslaw.ca</a><br><br>
The Canadian HIV/AIDS Legal Network is a partner organisation of=20
the<br>
AIDS Law Project of South Africa. -- Le R=E9seau juridique canadien
VIH/sida<br>
est un organisme partenaire du AIDS Law Project de l'Afrique du
Sud.<br><br>
Please help fight world hunger. One click a day sends FREE FOOD
to<br>
fight malnutrition, AIDS and other diseases. See:
<a href=3D"http://www.thehungersite.com/"=
eudora=3D"autourl">http://www.thehungersite.com</a><br>
____________________________________________________________________</font><=
/html>
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