[Ip-health] FW: Malaysia - Attorney-General Defends Generic Medicines Before UN Rights Body

[3D -> Trade - Human Rights - Equitable Economy]

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Geneva, 5 February 2007 -- Malaysia’s Attorney-General Tan Sri ABDUL GANI
has publicly stated his country’s stand "that generic drugs should not be
restricted in any manner," as generics are cheaper than patented medicines.




He made this statement before the UN Committee on the Rights of the Child
(CRC), whose session concluded in Geneva last week.   He was speaking in
response to pointed questions from the Committee’s Chair, Jacob E. Doek, who
asked Malaysian governmental representatives how they can ensure that trade
agreements do not affect provision of generic medicines, particularly for
the treatment of HIV/AIDS.



ABDUL GANI specified that bilateral "Free Trade Agreements (FTAs) are
TRIPS-plus" and that Malaysia has not yet agreed to any bilateral trade
agreement with the U.S.  Implying that a U.S.-Malaysia FTA could result in
more expensive drugs, Attorney-General ABDUL GANI said that Malaysia is not
going to negotiate on this issue, and added “we are providing the drugs for
free.”



This discussion took place during the CRC's periodic review of the status of
children’s rights in Malaysia.  The CRC had before it a note from
non-governmental sources that described the adverse impacts on children’s
rights of the FTA Malaysia is currently negotiating with the U.S.



For more information about the CRC and its role in ensuring trade rules do
not undermine human rights, see the Information Note (text pasted below) or
contact 3D at info@3dthree.org



Best wishes,



The 3D Team





3D --> Trade - Human Rights - Equitable Economy

15, rue des Savoises

1205 Genève

Suisse

T +4122 320 21 21

F +4122 320 69 48

info@3dthree.org

www.3dthree.org <http://www.3dthree.org/>





Malaysia – Attorney-General Defends Generic Medicines

Before UN Rights Body

Information Note Number 6, February 2007

Geneva, 5 February 2007 -- Malaysia’s Attorney-General Tan Sri ABDUL GANI
has

publicly stated his country’s stand "that generic drugs should not be
restricted in any

manner," as generics are cheaper than patented medicines.

He made this statement before the UN Committee on the Rights of the Child,
whose

session concluded in Geneva last week.

ABDUL GANI noted that Malaysia has issued a compulsory license, in
accordance with

World Trade Organization (WTO) rules. He specified that bilateral "Free
Trade

Agreements (FTAs) are TRIPS-plus" and that Malaysia has not yet agreed to
any bilateral

trade agreement with the U.S. Implying that a U.S.-Malaysia FTA could result
in more

expensive drugs, Attorney-General ABDUL GANI said that Malaysia is not going
to

negotiate on this issue, and added “we are providing the drugs for free.”

He was speaking in response to pointed questions from the Committee’s Chair,
Jacob E.

Doek, who asked Malaysian governmental representatives how they can ensure
that trade

agreements do not affect provision of generic medicines, particularly for
the treatment of

HIV/AIDS.

This discussion took place during the Committee on the Rights of the Child’s
periodic

review of the status of children’s rights in Malaysia.1 The Committee had
before it a note

from non-governmental sources, circulated by 3D, that described the adverse
impacts on

children’s rights of the FTA Malaysia is currently negotiating with the U.S.

The Committee on the Rights of the Child is composed of 18 independent
experts of high

moral character and recognized competence in the field of human rights, is
an independent

body that oversees the situation of children in the 193 countries that have
agreed to be

bound by the Convention on the Rights of the Child. The Committee usually
raises

questions relating to the treatment of HIV/AIDS with the countries they
review.

The Committee has played a key role in holding government trade and
Intellectual

Property negotiators accountable to their obligation to uphold human rights.
The

Committee has for instance recommended to the Peruvian government that it
“always take

its human rights obligations into account when negotiating Trade Agreements,
in particular

as to the possible impact of commercial agreements on the full enjoyment of
the right to

health.”

1 For official records of the meeting, and background about the Committee on
the Rights of the Child, see

<www.ohchr.org/english/bodies/crc/crcs44.htm>

The Committee recently urged the Thai government to “ensure that regional
and other free

trade agreements do not have a negative impact on the enjoyment of the right
to health by

children [and specifically,] ensure that such agreements will not negatively
impact the

availability of drugs and medicines for children.”

The Child Rights Committee has made similar recommendations to the
governments of

Botswana, Ecuador, El Salvador, Nicaragua and the Philippines.2 These
Committee

recommendations have been used by groups around the world working to ensure
that trade

rules do not undermine access to affordable medicines.





3D -> Trade - Human Rights - Equitable Economy (3D) is a

non-profit organization based in Geneva, Switzerland,

working to ensure that trade rules are developed and applied

in ways that promote an equitable economy. We believe that

human rights mechanisms such as the Committee on the

Rights of the Child can help attain this objective by reminding

States that international trade rules cannot justify noncompliance

with human rights obligations.





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