[Ip-health] London Free Press (Nov 3/03): Africa - Can Canada help save it from AIDS?

Richard Elliott relliott@aidslaw.ca
Tue Nov 4 00:23:01 2003


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                 AFRICA CAN CANADA HELP SAVE IT FROM AIDS?

    PUBLICATION:    The London Free Press  (London, Ontario)
    DATE:           2003.11.03
    EDITION:        Final
    SECTION:        Lifestyles
    PAGE:           D6

    There is no part of the world that suffers more from AIDS than
    Africa, especially the south-central region of the giant continent know=
n as
    the sub-Sahara.

    There, in countries such as Botswana and Zimbawe, more than a third of =
the
    population has HIV/AIDS. In total, close to 30 million Africans -- equa=
l to
    the entire population of Canada -- are afflicted.

    That's bad enough, but the real tragedy is that *drugs* used to contain=
and
    treat the *disease* in North America and other developed regions are no=
t
    available to most Africans.

    Developing countries are so poor, they simply can't make the *drugs*
    themselves, says David Agnew, president of UNICEF Canada. Neither can t=
hey
    afford to buy them from manufacturers in developed countries.

    Canada is trying to change this. In an unprecedented example of a rich
    country putting poor people over profits, Canada has decided to export
    low-cost AIDS *drugs* to the millions of *sick* Africans who need them.
Ottawa
    announced the plan this fall after the World Trade Organization ruled t=
hat
    developing countries could import less-expensive generic versions of
    brand-name *drugs* without fear of lawsuits from *drug* companies who
own patents
    on the medications.

    The initiative, however, still faces hurdles. One of the first tasks is=
 to
    amend the Canadian Patent Act, which sets out protections for *drug*
companies
    that spend millions developing new *drugs*. The protections basically
prevent
    other companies from using their recipes to make the same *drugs* and
sell them
    more cheaply.

    "I hope they give the amendment as generous an interpretation as possib=
le,"
    said Stephen Lewis, a Canadian and UN envoy for HIV/AIDS in Africa.
"You just
    can't have millions of people dying unnecessarily every year when their
lives
    could be significantly prolonged."

    There is concern that Canada will limit the number of *diseases* and
*drugs*
    that qualify under the program. AIDS is the main concern, but there is =
hope
    *drugs* will be made available for other devasting *diseases*, especial=
ly
    tuberculosis and malaria.

    "TB (tuberculosis) and AIDS often occur in concert," says Lewis. "Peopl=
e
    with AIDS often die of tuberculosis and malaria takes a grip on people
whose
    bodies are significantly weakened by AIDS."

    Additionally, there is worry that Canada might run into opposition from=
 the
    United States and the brand-name pharmaceutical industry.

    Trade officials from the United States, which could launch a challenge
    under the North American Free Trade Agreement, say they'll support Cana=
da's
    plan as long as Canada plays by the trade rules. And a group representi=
ng
    Canada's top *drug* research companies also have expressed support.

    Other industry spokes-people have not been as positive. They argue the =
plan
    will drain money from health research funded by the sales of brand-name
    medications.

    Such criticism is illogical because Africa only accounts for about one =
per
    cent of global pharmaceutical sales, says Richard Elliott, speaking for=
 the
    Canadian Legal AIDS Network.

    "Poor people, poor markets, don't represent any significant likelihood =
of
    profits," Elliott said. "It's (the criticism) intended to scare people =
in
    northern countries."

    It wouldn't be the first time Canada has made exceptions to its patent =
law.
    At the height of the 2001 anthrax scare in the United States, the
government
    awarded *generic* *drug* maker Apotex a contract to supply low-cost
versions of
    Cipro, Bayer's anti-anthrax treatment.

    Activists say if the government can move to safeguard the health of
    Canadians, there is a moral obligation to do the same for Africans who
are in
    dire need of medication.

    The cost difference between brand-name AIDS *drugs* and generic ones is
huge.
    The full cost of brand-name *drugs* can range from $8,000 to $15,000 US=
 per
    *patient* each year. A similar regimen of generic AIDS medications
costs about
    $250 to $300 US.

    Although there is no cure for AIDS, generic versions of anti-retroviral
    *drugs*, or ARVs, can prolong the life of an infected person by up to
20 years.
    Studies have also shown that ARVs reduce the chances of pregnant
*women* passing
    AIDS on to their unborn babies -- a huge part of the AIDS problem in
Africa.
    Babies with AIDS usually die before their first birthday.

    The desperate need for medications has forced some doctors to use illeg=
ally
    imported ARVs, says Dr. James Orbinski of Doctors Without Borders,
which sends
    doctors to the Third World to provide medical help.

    Even as the situation in Africa grows increasingly bleak, it is unclear
    whether other countries will follow Canada's lead. The most likely
contenders
    are Britain and France, but not the United States because brand-name
    pharmaceutical companies there are too powerful.

    "Whatever the reasons, Africa always seems to be an expendable continen=
t,"
    Lewis said.

    "I'm never sure whether there is a quotient of subterranean racism or
    whether Africa just doesn't count any more in the geopolitics of this
world .
    . . Africa always get the short end of the stick in the distribution of
    resources."

    JUST THE FACTS

    - Anti-retroviral *drugs* are *medicines* that *prevent* the
reproduction of a
    type of *virus* called a retrovirus. The human immunodeficiency *virus*
(HIV) that
    *causes* acquired immune deficiency syndrome (AIDS) is a retrovirus.

    - Anti-retroviral medications do not cure HIV, but they do curb
reproduction of the *virus* to minimize other conditions *caused* by HIV,
such as infections.

    - HIV invades healthy cells to reproduce and this is what causes *illne=
ss*.
    Over time, HIV weakens the immune system by invading and destroying
cells that
    help protect the body from infection.

    - Anti-retroviral *drugs* cannot prevent the spread of HIV from person =
to
    person, but pregnant *women* who take these *drugs* can reduce their
chances of
    transmitting HIV to their unborn babies.

    - *Drugs* are either brand-name or generic. After a company invents and
    patents a *drug*, patent laws prevent others from copying the formula
for a set
    period. This allows the company to recoup its costs and make a profit. =
Once
    the patent protection ends, other companies can use the formula to
produce a
    generic form of the *drug* and the price drops because of competition.

    - African countries lack facilities to make generic AIDS *drugs*, which=
 is
    why industrialized countries like Canada are in a position to help.

    - The UN estimates that $10 billion US will be needed by 2005 to cover =
the
    costs of prevention and treatment in low- and middle-income countries.
Funding
    for this year totals about $4.7 billion.

    - Canada has pledged $150 million Cdn over four years to the global AID=
S
    fund.

    PEOPLE LIVING WITH HIV/AIDS IN AFRICA

    - More than 40 million people are infected with HIV/AIDS worldwide and =
30
    million of them are Africans.

    - In 2002, AIDS killed 3.1 million globally; sub-Saharan Africa was the
    hardest hit, with 2.4 million deaths.

    - Ten million young Africans age 15-24 and three million *children*
under 15
    are infected with HIV.

    - African women face a disproportionate risk, comprising 58 per cent of=
 HIV
    infections, and this has the potential to devastate entire families and
    communities.

    - There are 12 million AIDS orphans in Africa.

    - HIV is alarmingly high in countries where there is a drought or food
    shortage. Hunger forces people, particularly women and girls, into
    prostitution, which increases their risk of contracting HIV. Poverty an=
d
    hunger also lead to malnutrition, which weakens the body's immune
system and
    can accelerate AIDS-related illnesses.

    - Sources: U.N. World Population Prospects; UNAIDS; Associated Press


Richard Elliott
Director, Legal Research & Policy / Directeur, politiques et recherche
juridique
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, and a non-governmental organization in
Special Consultative Status with the Economic and Social Council of the
United Nations. //
Le R=E9seau juridique canadien VIH/sida est un organisme partenaire  du AID=
S
Law Project
de l'Afrique du Sud et ONG dot=E9 de statut consultatif sp=E9cial aupr=E8s =
du
Conseil =E9conomique
et social des Nations Unies.
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