CAFTA Negotiations Roll Back US Promises to Put Public Health Before Profits
Doctors Without Borders/Medecins Sans Frontieres (MSF)
New York, December 13, 2003 – Five Central American countries are in danger
of losing access to affordable medicines if United States pressure prevails
in trade negotiations taking place in Washington, DC, this week, says the
international medical humanitarian organization Doctors Without
Borders/Medecins Sans Frontieres (MSF). Although the draft text of the
trade deal remains secret, it is clear from US negotiating positions and
other regional agreements that proposals being discussed during this final
round of US-Central America Free Trade Agreement (CAFTA) meetings include
provisions for the protection of intellectual property that far exceed
international norms set out by the World Trade Organization (WTO). These
proposals also undermine the promises made by the US and all other WTO
members two years ago when they adopted the Doha Declaration on the
Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement and
Public Health, which unambiguously prioritized public health over the
protection of intellectual property.
“HIV/AIDS kills one person in Honduras every two hours because the vast
majority of people with HIV/AIDS cannot afford life-saving AIDS medicines,”
says Manuel Munoz, MD, who runs MSF’s AIDS treatment program in Honduras.
“Right now, Honduras is not purchasing the least expensive generic
medicines which could allow it to provide AIDS drugs to every Hondurans who
are in urgent clinical need of antiretroviral therapy and will die without
it. It would not surprise me if the government were buying more expensive
medicines out of fear of US retaliation for buying generics. If CAFTA makes
intellectual property protection of pharmaceuticals even more stringent,
lives will be lost.”
As in the Free Trade Area of the Americas (FTAA) negotiations, MSF fears
that the US is pushing for provisions in CAFTA that would curtail the
ability of Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua to
take advantage of flexibilities existing in the WTO TRIPS Agreement and
ensure generic competition—the only proven mechanism for achieving
sustained and systematic price reductions—for drugs needed to treat all
diseases that threaten the lives of people in Central America. One such
provision, referred to as “data exclusivity,” would create a new
patent-like barrier to access to medicines, even when a medicine is not
protected by a patent. Data exclusivity prevents drug regulatory
authorities (DRAs) from authorizing the use of generic medicines for a
certain period, thereby giving a de facto market monopoly to original
manufacturers. The pharmaceutical industry has been pushing hard to obtain
five years of data exclusivity on newly registered drugs. There is no
obligation in the TRIPS Agreement to provide this protection, but the US
now considers this a negotiating priority.
In 2003, the Guatemalan government modified its national intellectual
property bill to provide five years of data exclusivity on drugs registered
for use in the country. This means an automatic five-year delay in the
availability of generic medicines in Guatemala, even though the majority of
antiretrovirals medicines are not under patent there. For the 67,000
Guatemalans currently living with HIV/AIDS, five years without access to
treatment can mean the difference between life and death. Guatemala is
currently the only country in Central America that gives five years of data
exclusivity on drugs, but MSF is deeply concerned that CAFTA threatens to
extend such a provision to the rest of the region.
“If the US and other CAFTA countries trade away health they will have
abandoned their responsibility to protect public health and promote access
to medicines for all,” said Rachel Cohen, US Director of MSF’s Campaign for
Access to Essential Medicines. “People with HIV/AIDS and other illnesses
will be the ones that will pay the price.”
MSF currently has projects in three of the five CAFTA countries—Honduras,
Guatemala, and Nicaragua—providing medical care for people living with
HIV/AIDS and other sexually transmitted infections (STIs), people with
Chagas’ disease, and displaced and homeless populations, including street
children, and indigenous people.
http://www.doctorswithoutborders.org
http://www.accessmed-msf.org
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