President Thabo Mbeki
Dear President Mbeki
DRAFT A TREATMENT PLAN AND PREPARE TO DECLARE HIV/AIDS A PUBLIC HEALTH
EMERGENCY! APPLY FOR VOLUNTARY LICENCES FOR HIV/AIDS DRUGS!
The Treatment Action Campaign (TAC) believes that the current debate and
discussion on whether to declare an emergency in relation to HIV/AIDS is
important for all people in South Africa. For us the HIV/AIDS epidemic has
always been a matter of great urgency. TAC supports COSATU’s view that
HIV/AIDS presents a serious threat to the future of South Africa and that
it requires urgent, emergency measures. However, the government needs to
complete a few steps before declaring a public health emergency.
EMERGENCY AND TREATMENT -- WHAT IS THE LINK?
Cosatu states correctly that the unnecessary loss of lives due to
profiteering has reached crisis proportions in our country. This is an
emergency. In addition, says Cosatu, there is no sign that the
government’s ABC message is working. TAC agrees. Treatment of people
living with HIV/AIDS is the critical element that has been left out of the
equation. Prevention and treatment are inextricably bound together. Most
people will come forward to be tested only if there is a benefit to it,
that benefit is treatment. Such an approach will encourage openness and
allow social mobilisation. It also dispels the myth that HIV/AIDS is a
"death sentence". Access to medicines, especially anti-retrovirals, remain
beyond the reach of the majority of people and the government because of
high prices and patent abuse. This is an issue of great urgency to all of
us.
There are different ways of addressing the critical obstacle of patent
abuse by drug companies - declaring a public health emergency is one of
them. TRIPS, the World Trade Organisation’s agreement on intellectual
property rights allows exceptions in cases of "national emergency" or in
"circumstances of extreme urgency". There are other routes such as
applying for voluntary and compulsory licences in terms of the Patents Act
as well. However, government should have a clear treatment plan before
declaring a public health emergency.
DEVELOP A TREATMENT PLAN NOW!
The drug companies are on the defensive and they are lowering their
prices. World opinion supports action by the government but undue haste
will not automatically lead to solutions. TAC urges the government to
immediately develop a treatment plan that includes a list of all the
medicines needed to treat HIV/AIDS. This includes drugs for opportunistic
infections and the prohibitively priced anti-retroviral medicines. A clear
plan on training all health workers and a public campaign on voluntary
counselling and testing is essential. Additional investment in clinics,
laboratory facilities, hospitals and staff are essential components of a
treatment plan. Sources of funding must be identified to ensure that a
treatment plan is sustainable.
A public health emergency will suspend the property rights of drug
companies on all essential HIV/AIDS medicines including anti-retrovirals.
Government’s first step to ascertain whether a public health emergency
will be necessary will be to request, in writing from every drug company
voluntary licences for opportunistic infection and anti-retroviral
medicines. Such licences will allow local generic manufacture and
competition on patented medicines. If they agree to voluntary licences
such an emergency may not be necessary. But, government must ask them for
licences now.
Another alternative is to use the Patents Act and to apply for compulsory
licences through the Courts. Such a procedure might be more onerous
because the drug companies will drag matters on forever in a Court of Law.
Therefore, TAC calls on government to draft a Treatment Plan by 16th June
2001 and to make it an Act of Parliament. TAC also asks government to
report to Parliament on drug company responses to requests for voluntary
licences before 27th April 2001.
For people with HIV/AIDS, faced with imminent death and little prospect of
treatment the matter is of great urgency as reflected in the Cosatu
statement. TAC appeals to all politicians to practice restraint and to
place the lives of people before petty politicking. The Democratic
Alliance opposes the Medicines Act. Yet, the Medicines Act will prevent a
situation that allows drug company profiteering at the expense of life.
This is necessary for all medicines not only drugs needed for the
treatment of HIV/AIDS. TAC asks all parties to initiate and support a
motion in Parliament asking all drug companies to drop the court action
against the government.
TAC once again draws your attention to the Memorandum delivered to
Parliament on 12th February 2001 and urges government to respond to that
Memorandum.
Yours faithfully
Zackie Achmat
Minister Manto Tshabalala-Msimang
Members of Parliament
14th March 2001
(TAC Chairperson)