Older Documents on US - South Africa
Bilateral Trade Dispute Over the Medicines Act
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South Africa has been involved in a trade dispute with the US and several European
countries over its efforts to make medicines less expensive. Much of the detail is given
below. The most important disputes involved South Africa's Medicines Act, and in
particular, a new Section 15c of the Act that would provide authority for fast track
compulsory licensing of medicines and authorize
parallel imports of medicines. On December
1, 1999, the US government finally has dropped South Africa from its "301 Watch List," a
sign of US government change in policy. The policy change was a response to US domestic
protests. This isn't the end of the dispute, however, because the US continues
to monitor South Africa policy, and forty two pharmaceutical companies have
sued in the South African courts to prevent the medicines act from becoming law.
Contrary to many news reports, the private lawsuit is still active.
It is also the case that there are
many similiar trade disputes that
have not received as much attention, but which raise similiar issues.
The US government also refuses to permit the World Health Organization to use
US governemnt rights in taxpayer funded medical patents in developing
countries.
Documents on the trade dispute
Time-Line of US Trade Pressures.
Five Common Mistakes by Reporters covering US/South Africa
disputes over compulsory licensing and parallel imports.
CPT Note on what these USTR "watch lists" and reports actually mean.
CPT Documents
- September 10, 1999, Ralph Nader,
letter to Vice President Gore. Mr. Nader's letter is
a follow-up to an August 20, 1999
letter from Leon Fuerth to Ralph Nader. Mr. Fuerth is
Vice President Gore's National Security Advisor.
-
September 3, 1999, Ralph Nader, James Love, Robert Weissman
to Dr. Harold Varmus, Director of NIH, asking for NIH to give the
World Health Organization, WHO, access to US government funded
medical inventions.
-
July 22, 1999, James Love,
Testimony on US Trade Policies and Public Health.
See also the
Additional Materials for the appendicies to the testimony.
- June 29, 1999 Letter to James E. Clyburn,
commmenting on Vice President Gore's June 25, 1999 letter to Rep. Clyburn.
- April 8, 1999 letter from Ralph Nader and James
Love to Vice President Gore asking for reversal of US policy on South
African Medicines Act and parallel import and compulsory licensing.
- April 7, 1999
US law requires US Department of State to seek repeal of South African
law on essential medicines.
- October 6, 1997 Comments of the Consumer Project on Technology
to the Portfolio Committee on Health Parliament, Cape Town, on the
Medicines and Related Substances Control Amendment Bill and South African Reform of
Pharmaceutical Policies.
- July 29, 1997,
Letter from Ralph Nader, James Love and Robert Weissman to Vice President Gore
regard U.S. policy toward South Africa pharmaceutical policies.
Other Documents
- July 11, 2000,
The South African Department of Health, XIII International AIDS Conference,
Position of the South African Government on Access to Pharmaceuticals
- February 18, 2000,
PhRMA's 301 submission to US government regarding
South Africa.
- December 3, 1999,
Submission of the Pharmaceutical Research and Manufacturers of America (PhRMA) for the National Trade Estimate
Report on Foreign Trade Barriers (NTE) 2000.
- September 20, 1999, excerpts South Africa President Mbeki's
UN new conference.
- September 17, 1999,
Joint Understanding Between the Governments of South Africa
and the United States of America.
Issued by: South African Department of Trade and Industry
- September 17, 1999,
USTR Press Release. "US-South Africa Understanding on
Intellectual Property."
- September 10, 1999, South African Department of Health
statement on litigation between pharmaceutical manufacturers
and government of South Africa.
- September 9, 1999. PhRMA's highly misleading press release regarding
the
"suspension" of PMA litigation against the South Africa Medicines Act.
See September 10 release from South Africa Department of Health for
a different perspective.
- August 1, 1999.
Open letter to Vice President Al Gore, signed by 307
public health experts and concerned persons, regarding US trade
pressures on South Africa efforts to obtain access to essential
medicines. .
- July 22, 1999. Hearings in the House of Representatives,
"What is the United States' Role in Combating the Global HIV/AIDS Epidemic?"
- June 25, 1999.
Vice President Gore's Letter to James E. Clyburn,
where the Vice President says he supports the use of compulsory licensing
and parallel imports of pharmaceutical drugs in South Africa, but leaves
lots of unanswered questions. This is CPT's
June 29, 1999 Letter to James E. Clyburn, commmenting on
Vice President Gore's letter, and here are some
talking points on TRIPS compliance.
- April 30, 1999,
USTR 301 report on South Africa.
- February 16, 1999,
PhRMA's 301 submission to US government regarding South Africa.
- February 5, 1999,
US Department of State Report on US government efforts to negotiate the repeal,
termination or withdrawal of Article 15(c) of the South African Medicines and
Related Substances Act of 1965. For the language of the US appropriate bill
that cut off aid to South Africa pending the publication of this report, press
here.
- January 26, 1999,
South Africa comments to WHA Executive Board on Revised Drug
Strategy.
- December 4, 1998,
Submission of the Pharmaceutical Research and Manufacturers of America (PhRMA) for the National Trade Estimate
Report on Foreign Trade Barriers (NTE) 1999.
- February 2, 1998, Representatives Bob Merendez (D-NJ)
and Edward Royce (R-CA) and 45 other members of Congress,
letter to Charlene Barshefsky, asking the USTR to
bring trade sanctions against South Africa on over
the South African Medicines Act. This was a very poorly
informed letter, and the USTR made no effort to correct
the incorrect assertions regarding the legality of the
South African law.
News Stories
- News Stories published in US and Europe
- December 1, 2000, Steven Swindells (Reuters), in the Boston Globe,
Pretoria allows import of generic AIDS drug
- November 28, 2000,
Ed Silverman, in The Newark Star-Ledger,
Pfizer nears deal with South Africa for
AIDS treatment
- May 21, 2000, Barton Gellman, in the Washington Post,
A Conflict of Health and Profit.
- May 18, 2000, Sabin Russell, in Salon,
The dream and the coming disaster.
- April 25, 2000, Lakshmi Chaudhry, in Wired,
U.S. to South Africa: Just Say No.
- April 25, 2000, Lakshmi Chaudhry, in Wired,
A South African AIDS Catch-22.
- April 11, 2000, Nadine Gordimer, in The New York Times,
Africa's Plague, and Everyone's.
- January 2000, Martine Bulard, in Le Monde diplomatique (English version),
DEFINING THE WORLD'S PUBLIC PROPERTY: Apartheid of pharmacology.
- December 19, 1999. Ed Vulliamy for the Guardian.
How drug giants let millions die of Aids.
- December 4, 1999, British Medical Journal,
Agencies urge end to global trade restrictions on essential medicines.
- December 4, 1999, Karl Vick, in The Washington Post,
African AIDS Victims Losers of a Drug War.
- December 3, 1999, Sabin Russell, in The San Francisco Chronicle,
Poor Nations Given Hope on AIDS Drugs New policy would lower prices.
- November 24,1999, Sabin Russell, in The San Francisco Chronicle,
World Trade Showdown Activists, Industry Split Over AIDS Drugs/Manufacturers fight affordable access.
- August 23, 1999, New York Times Editorial,
Drugs for AIDS in Africa .
- August 12, 1999, Bob Davis, in The Wall Street Journal,
Gore Hopes New AIDS Pact Will Help Shake Protestors.
- August 9, 1999, CBS News,
S. Afica's AIDS Drug Dilemma.
- August 5, 1999, George Monbiot, in the Guardian,
Hanging on to the profits from AIDS.
- August, 1999, Robert Weissman, in Foreign Policy in Focus,
AIDS and Developing Countries: Democratizing Access to Essential Medicines .
- July 28, 1999, Ralph Nader,
Under the counter
.
- June 28, 1999, Arianna Huffington,
Pharmacologic Al.
- June 25, 1999, Peter Freiberg, in the Washington Blade,
Three protests and a hug: Campaigner Gore faces AIDS
activists, crying lesbian teen.
- June 24, 1999, editorial in the Washington Post,
Mr. Gore and the AIDS Drugs. Very much an effort to
exonerate the Vice President. No mention of infection
rates in South Africa or consequences of trade sanctions
on public health, and no realistic assessment of R&D
issue (all of sub-Saharan Africa is a little more
than 1 percent of global pharmaceutical market, many
of the essential medicines are government funded inventions).
-
June 23, 1999, Jonathan Weisman, in the Baltimore Sun,
AIDS protesters track Gore on campaign trail Activists want change in S. Africa policy,
This article quotes Gore's National Security Advisor
Leon Fuerth.
- June 18, 1999, Charles R. Babcock and Ceci Connonlly
in the Washington Post,
"AIDS Activists Badger Gore Again".
- June 16, 1999. OUCH!
Al Gore, AIDS Drugs and Pharmacuetical Money: Gore's Patented Money Moves
.
- John Judis, July-August 1999, in the American Propsect,
K Street Gore.
- June 2, 1999, David Corn in the
New York Press,
Gore to South Africa: Drop Dead.
- June 2-8, 1999, James Ridgeway, in the Village Voice,
Gore AIDS Scandal - Helps Drug Companies Nix Cheap
Medicines.
- May 24, 1999, Sabin Russell, in the San Francisco Chronicle,
New Crusade to Lower AIDS Drug Costs: Africa's needs at
odds with firms' profit motive.
- May 15, 1999, Adele Baleta, in Lancet,
When pharmacuetical wrangle cast a wide net.
- April 28, 1999, Merrill Goozner in the
Chicago Tribune,
Third World Battles for AIDS Drugs. This ran on page one above the
fold, with a photo, and was the winner of a Washington Monthly journalism award.
-
April 28, 1999,
Ralph Nader,
Medicine held hostage by profits
South Africa fight against AIDS finds no friend in Gore, drug firms.
- April 14, 1999,
Russell Mokhiber and Robert Weissman, San Francisco Bay Guardian (sfbg.com)
Withholding the cure:
While the United States restricts the scope of its compulsory licensing program for
drug therapies, those afflicted with HIV/AIDS in Third World countries continue to
suffer needlessly.
- April 11, 1999, Lisa Richwine for Reuters,
Groups say U.S. Hurts World Access to AIDS Drugs. This was the first
major US news story on this issue.
- March 29, 1999, Francis Williams in the Financial Times,
Campaign over drug licensing to grow.
- News Stories published in Africa
- December 11, 2000, Pat Sidley, in Business Day (Johannesburg),
Health minister to meet drug firms
- December 1, 2000, Simon Barber, in
Business Day (Johannesburg),
Discounted AIDS Drugs Can Be Profitable
- October 5, 2000, Marjolein Harvey, in WOZA Internet (Johannesburg),
TAC Denies Accusations Of Pharmaceutical Funding
- October 5, 2000, Pierre Steyn, in NEWS24,
SA to pay less for HIV drug than other countries
- August 1, 2000, Marjolein Harvey, in WOZA Internet (Johannesburg),
Pharmaceuticals resume litigation against Government on Medicines Act
- July 14, 2000,Marjolein Harvey, in WOZA Internet (Johannesburg),
Treatment Action Campaign To Take Government, Pfizer To Court
- July 14, 2000,Marjolein Harvey, in WOZA Internet (Johannesburg),
HIV/AIDS Bottom Line: The Cost Of Pills Is Too High - Heywood
- June 27, Pat Sidley and Phumzile Ngwenya, in Business Day (Johannesburg),
Activists seek to have AIDS drugs made in SA
- June 23, 2000, Pat Sidley, in Business Day (Johannesburg),
Medicines act to be scrapped, replaced
- May 24, 2000, Pat Sidley, in Business Day (Johannesburg),
Cheaper drugs on govt agenda
- May 11, 2000, Wyndham Hartley,in Business Day (Johannesburg),
AIDS drugs prices still at centre stage
- May 2, 2000, Simon Barber, in Business Day (Johannesburg),
AIDS Drugs Row Endangers The US's Africa Trade Bill
- April 7, 2000, Simon Barber, in Business Day(Johannesburg),
Council Calls A Halt To AIDS Drug Trial
- September 27, 1999, Simon Barber, in Business Day (Johannesburg),
US Remains Hostile To South Africa Drugs Act
- September 20, 1999, Simon Barber, in Business Day (Johannesburg),
US, South Africa Bury Medicines Law Hatchet
- August 18, 1999, Simon Barber, in Business Day (Johannesburg) ,
SA between a rock and a hard place on Trips arrangement
.
- August 12, 1999, Simon Barber, in Business Day (Johannesburg),
Drugs patent wrangle nears end. .
- July 29, 1999, Simon Barber, in Business Day (Johannesburg),
SA and US may patch up differences
- July 29, 1999,
US Embassy's Letter to the SA Business Day.
- June 30, 1999, Simon Barber, in Business Day (Johannesburg),
Detractors hound Gore over AIDS drugs
- May 3, 1999, Simon Barber,
in SA Business day,
US gives SA trade deadline