[Ip-health] Patients, activists rally for removal of Chaiya

Fri Mar 7 13:23:01 2008

Patients, activists rally for removal of Chaiya

Petitioning Senate to sack him over CL

APIRADEE TREERUTKUARKUL

Bangkok Post Friday 7 March, 2009

Public Health Minister Chaiya Sasomsab is the first
cabinet member to be targeted for removal by the
public. An alliance of patients and health activists
yesterday started gathering 20,000 signatures to
petition the Senate to oust him. They are upset about
his decision to review the compulsory licensing (CL)
policy on cancer drugs, and reshuffle health
officials.

A network of cancer and kidney patients and people
living with HIV/Aids, academics from Chulalongkorn
University's pharmaceutical sciences faculty and
members of non-governmental organisations on consumer
protection and against tobacco and alcohol put up
tents at the Public Health Ministry to gather 20,000
signatures to send to the Upper House.

Under the constitution, people with 20,000 signatures
can ask the Senate to remove a cabinet member. Support
of three-fifths of Senate members is needed to get the
minister removed.

Saree Ongsomwang, manager of the Foundation for
Consumers, said Mr Chaiya's decision to review the CL
policy had delayed imports of heart drugs Clopidogrel
from India and caused damage to the country worth more
than 248 million baht.

His decision to review the CL issue before government
policy was announced went against the state universal
healthcare scheme, she said. She also opposed his
order to move Food and Drug Administration (FDA)
secretary-general Siriwat Tiptaradol to an inactive
position on Feb 26.

Although only a few supporters and health officials
turned up at the ministry to sign the petition, Ms
Saree was confident that the target would be met. The
group has also opened two websites, www.cl4life.net
and www.consumerthai.org, to receive signatures.

In Nonthaburi, 100 people representing the community
radio station, Chum Chon Khon Roo Jai, turned up to
support the government and Mr Chaiya for his decision
to review the CL drugs policy.

They gave a bunch of flowers to permanent secretary
for public health Prat Boonyawongwirote instead of Mr
Chaiya, who was not present.

Dr Prat said he expected to face similar protest
action to Mr Chaiya, as he was also responsible for
the CL announcement on heart drugs.

But he declined to say if he had transferred Pongthep
Wongwatcharapaibul, director of Nanoi Hospital in Nan,
to work as Mr Chaiya's secretary.

Dr Pongthep is among rural doctors spearheading the
petition to His Majesty the King against the drugs
policy review.

Dr Pongthep said he had not seen the transfer
document.

He said he would seek justice from the Administrative
Court if he was moved without good reason.

The Public Health Ministry came under public criticism
early in the government's tenure, after Deputy Public
Health Minister Chawarat Charnveerakul picked Wan
Yubamrung to be his secretary.

Mr Wan, a son of Interior Minister Chalerm, is
struggling to prove his worth and change his bad boy
image
.........................

Editorial, Bangkok Post

Stance on CL must be clear

With the whole world watching, the new government must
make absolutely clear its stand on the matter of
compulsory licensing. The mixed signals being sent out
so far have led many to fear this life-saving policy
might be scrapped.

Immediately after his appointment as the new health
minister, Chaiya Sasomsab announced he would review
the CL policy initiated by his predecessor. As of now,
however, it remains unclear what he is reviewing. At
the very least, he should state explicitly the
criteria by which the People Power party will judge
compulsory licensing. ''I've never said I would revoke
or retain the recent enforcement of compulsory
licensing for cancer drugs,'' Mr Chaiya declared
recently. ''I just want to review it so that when
someone asks me about this issue I can answer them
clearly, particularly at cabinet meetings.''

This being one of the most important global issues,
and with Thailand having taken a leading role in
compulsory licensing, it is a shame the PPP did not
have a clear-cut policy from the very first day it
took office.

Though the military-installed government of Surayud
Chulanont had a reputation for incompetence, the
Health Ministry was the exception, with Dr Mongkol Na
Songkhla vigorously pursuing a clear CL policy.

The PPP certainly has the right to disagree with that
policy but we should at least have a sensible debate.
Instead, we've seen wishy-washy statements warning
against the damage supposedly being done to trade
relations with the United States. It is unlikely the
government's use of compulsory licensing will lead to
a loss of privileges under the Generalised System of
Preferences, no matter what the pharmaceutical lobby
says. Even so, this point has been raised by none
other than former prime minister Thaksin Shinawatra,
who told the Financial Times this week: ''For
compulsory licensing, we have to be very cautious...
We have to be very careful how we move on that.''

As premier, Mr Thaksin walked a fine line on the issue
of drug access. While compulsory licensing tended to
go against the grain of his pro-business policies, he
also realised the political implications of bowing to
the pharmaceutical industry on this issue. Indeed, the
real obstacle to a US-Thai free trade deal in 2005
were the provisions relating to CL, patent lifespan
and data exclusivity that went beyond those required
in the World Trade Organisation's Trips agreement.

As health minister, Dr Mongkol took the first step in
issuing a compulsory licence for two Aids drugs. This
move was lauded by NGOs and prompted the drugmaker to
cut prices for many middle-income countries, not just
Thailand. He then expanded the policy to include drugs
for heart disease and cancer, which proved more
controversial.

Dr Mongkol's successor has so far essentially claimed
ignorance regarding CL policy. But despite his plea
for time to understand the issue, Mr Chaiya apparently
knew enough to remove CL negotiator Dr Siriwat
Tiptaradol as chief of the Food and Drug
Administration. (His replacement resigned after five
days.)

It is one thing if the health minister removed Dr
Siriwat because the two have significant policy
differences. But Mr Chaiya hasn't clearly explained
what the government's policy is. Any move to scale
back CL cannot rest on unsubstantiated threats from US
business lobbies. The issue is too important for any
sort of hazy politicking.

The government must come up with a clear stand on
compulsory licensing that engages all stakeholders.
Health Minister Chaiya may eventually still do this,
but so far the prognosis is not encouraging.

Kannikar KIJTIWATCHAKUL (Kar)
Access to Essential Medicine Campaigner
MSF Belgium - Thailand Mission,
522 Mooban Nakorn Thai 14,
Ladphrao Soi 101/1,
Bangkapi, Bangkok 10240
Tel (+66) 2370 3087
Fax (+66) 2731 1432
Mobile (+66) 85-070-8954

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