[Ip-health] Statement of Berta Chete: IP & Access to Medicines in Guatemala

[Mike Palmedo]

Statement of Berta Chete: Intellectual Property & Access to Medicines in
Guatemala

Association Gente Positiva
March 8, 2005

My name is Berta Chete, and I work for the Association Gente Positiva,
an organization of people living with HIV/AIDS in Guatemala.

The first case of AIDS in Guatemala was diagnosed in 1984. After two
decades, people continue to die from this disease. No actions are being
taken to ensure universal access to antiretrovirals (ARVs) and other
essential medicines; all the commitments and political will is simply
talk. Meanwhile an estimated seven people die in my country every day
from AIDS due to the lack of care and medication.

In Guatemala today, 78,000 people are infected with HIV/AIDS, nearly
13,500 of us are in urgent clinical need of ARV treatment. But only an
estimated 3,600 people receive it. Most of them get it from the Social
Security system and non-governmental organizations. The Ministry of
Health only provides treatment to 350 patients.

It is important to highlight that people living with HIV/AIDS are
exerting pressure in different areas through legal action, public
demonstrations, and peaceful marches and we are demanding access to
generic ARV medicines because we cannot afford the high cost of
brand-name drugs in our country.

Recently, on February 14, an estimated 100-150 people with HIV/AIDS
convened in front of the National HIV/AIDS Program and the Congress of
Guatemala to object to the ratification of the free trade agreement
(DR-CAFTA) by Congress; to denounce the pressure from the United States;
and to demand that the government assumes its constitutional
responsibility in providing universal access to treatment.

The free trade agreement is directly linked with the legislative process
in our Congress regarding data exclusivity for pharmaceuticals and with
the impact of this law on access to medicines. Unfortunately, the repeal
of Decree 9-2003, which limited access to generic medicines, lasted just
a few days. Publicly, we congratulated the Congress for the repeal of
this Decree and for the approval of Decree 34-2004, which facilitated
access to generic medicines.

Nevertheless, due to political and economic pressure from the United
States of America, the administration presented Regulation 3-2005 that
reinstates limitations on generic competition. However, even this
Regulation did not satisfy the Unites States government, and thus they
continue to pressure the Government of Guatemala to institute a new law
that will totally destroy Decree 34-2004.

Today, approximately half of all people on antiretroviral treatment in
Guatemala receive treatment through international NGOs, but this will
not last forever, and it is our government=92s responsibility to guarantee
treatment to all Guatemalan people, including us, the people living with
HIV/AIDS.

Unfortunately, we doubt that the Government has the capacity to respond
to this situation, because, if there is not competition between generic
medicines and brand-name drugs to reduce prices, the national budget
will never be able to cover the needs of the country in terms of
treating AIDS patients.

The health and lives of Guatemalans cannot be negotiated according to
foreign economic interests. My life, and the lives of thousands of
others in my country, cannot be traded away.