The Fifty-fourth World Health Assembly:
Considering that the AIDS epidemic has become one of
the biggest threats to public health in the world,
that this has reached pandemic levels, involving over
36 million people and that the poor and developing
countries are the most seriously affected by it, as
noted in Resolution 54/283 of the United Nations
General Assembly;
Considering moreover that AIDS has caused: 1. The loss
of countless human lives and countries'productive
capacity; 2. Orphanhood (13 million orphans so far at
least); 3. Lower life expectancy (up to 3 decades
less); 4. Despair and unhappiness;
Considering that AIDS was judged by the UN Security
Council in Resolution 1308 of 17 July 2000 as a
question of national security;
Recalling that the 53rd World Health Assembly
considered that prevention and health promotion
activities are as important for confronting the
epidemic as those focusing on care and treatment of
people living with HIV and AIDS and;
Having moreover been considered by the Declaration of
the Head of African States in Abuja, Nigeria, on 27
April 2001, which in its paragraph 29 calls upon the
International Community to put into operation a Global
Fund against AIDS with the aim of inter alia providing
access to antiretroviral therapy for populations
affected by the epidemic;
Considering that the Heads of State and Government of
the Americas emphasized in paragraph 25 of the
Declaration of the 3rd Summit of the Americas that
good health and equality of access to medical care and
to health systems, together with medical drugs at
accessible prices are vital for human development and
the implementation of new political, economic and
social objectives;
Bearing in mind that new techniques, especially those
related to new antiretroviral drugs, must be
considered as a Human Rights issue and therefore
should be available on an equitable basis for all
countries and for the universe of people living with
HIV and AIDS, as was agreed at the 57th World Human
Rights Conference;
Considering that treatment of HIV/AIDS provides a
positive incentive for individuals to submit to
voluntary counseling and HIV testing, which in turn
dramatically increases the efficacy of anti-HIV
prevention and education efforts necessary to retard
the advance of the pandemic.
Considering that HIV/AIDS affects women with special
severity.
Considering that levels of international aid finance
to support HIV/AIDS programs in poor countries has
been greatly incommensurate with the prevalence of the
pandemic, at approximately $5 annually per
HIV-infected person in poor countries.
Emphasizing the key role that the WHO has performed at
the world level, especially in developing countries
and in those relatively lesser developed countries, to
establish and implement policy initiatives centred on
health promotion, on prevention of relevant diseases,
on organization of services, on assembling and making
available appropriate information to assist the
formulation of health policies, technical and
financial support for national health services, and on
the development of ways and means of negotiating
better prices for the procurement of medical drugs;
Reiterating at the same time the forthright
performance of UNAIDS in combating the AIDS pandemic,
through its support for National AIDS Programmes,
including for the least developed countries, and in
the organization of the Special Session of the UN
General Assembly on HIV and AIDS, and especially in
the drafting and dissemination of documents which have
facilitated thoughtful appraisal of the most relevant
issues concerning the pandemic;
Ratifying:
- The Declaration of the 3rd Summit of he Americas,
which in its paragraph 25 states that good health and
equality of access to medical care and to health
systems, together with medical drugs at accessible
prices, are vital for human development and for the
implementation of new political, economic and social
objectives;
- The Declaration of the Head of African States in
Abuja, Nigeria on 27 April 2001, which in its
paragraph 29 calls upon the International Community to
put into operation a Global Fund against AIDS with the
aim inter alia of providing access to antiretroviral
therapy for peoples affected by the epidemic;
- The 57th World Human Rights Conference which
declared that access to medical drugs and especially
access to antiretroviral drugs was a question of Human
Rights;
Calls Upon Member States to:
- Make every effort in order to guarantee that the
access to antiretroviral and anti-opportunistic
infection drugs should have as its point of reference
the principle of equity, thus guaranteeing supply and
prices compatible with the social and economic
circumstances of individual countries as well as the
degree of HIV prevalence in each country
- Make every effort to guarantee access of the
population to currently available techniques in the
areas of health promotion, of prevention of the main
diseases and of care and treatment, with a view to
reducing the negative impact of the HIV and AIDS
epidemic around the world.
- Seek all available ways and means at both
international and national levels to increase access
by populations to antiretroviral and
anti-opportunistic infection drugs;
- Establish health policies which promote access to
drugs through:
- Policy initiatives which embrace the right to use
technical and intellectual capacity for the in-country
production of AIDS drugs, under the auspices of the
agreements reached within the bounds of international
law, such as the TRIPS agreement;
- Support for the establishment and financing of an
International Fund for the promotion of access to
antiretroviral and anti-opportunistic infection drugs,
based upon the principle of equity;
- Implantation of a policy to facilitate the supply
of drugs, including the production and distribution of
generic drugs and the negotiation of prices with
pharmaceutical drugs companies, in accordance with the
social and economic development profiles of each
country.
- Guarantee participation by people living with HIV
and AIDS in the formulation of national policies as
regards access to drugs.
- Promote social control at the national level so as
to guarantee better quality control over
antiretroviral drugs.
- Provide international aid finance against HIV/AIDS
as grants, not loans, to the least developed
countries.
Requests the Director General to:
- Support, and participate in, the creation of an
international Fund to guarantee access to
antiretroviral and anti-opportunistic infection drugs,
particularly for poor and developing countries, based
on the principle of equity. That this Fund should
make drugs available at different prices in line with
Social Development Indices and according to the
prevalence of HIV in different countries, so that a
policy based upon the principle of equity can be
attained.
- Establish an expert committee under WHO auspices,
consisting of an expanded membership of physicians,
scientists, public health practitioners, and
non-governmental AIDS advocates (including people with
AIDS), drawn from both developed and developing Member
States, to review and assess on a case-by-case basis
the scientific, medical and operational feasibility of
proposals submitted by developing country Member
States for funding payable out of the International
Fund.
- Oppose any international proposals which would
provide funding out of the International Fund on the
basis of interest-bearing loans, rather than outright
grants, to least developed Member States or other
Member States needing significant financial assistance
because of he scale of the HIV/AIDS epidemic in
relation to their domestic wealth.
- Create a Drugs Prices Data Bank, containing
information about drugs procurement and manufacturers,
with a view to providing data for the management of
national policies in respect of access to
antiretroviral drugs and anti-opportunistic infection
drugs.
- Create parameters jointly with the Member States
and the drugs industry, including producers of generic
drugs, in order to establish a worldwide policy of
differentiated prices for drugs according to social,
economic, and epidemiological indicators, with the
principle of equity as a basic reference point.
- Create ways and means to permit better monitoring
and quality control of antiretroviral drugs.
- Foster inter-country exchanges and international
technical and legal cooperation, with a view to
establishing a global policy for the production of
generic drugs, as well as to implement care, treatment
and prevention policies in respect of AIDS, implying
the strengthening of links between public authorities
and civil society.
- Regard the access to antiretroviral drugs and those
for treating opportunistic infections a matter of the
highest priority, and to develop policies for:
- Reducing the suffering of men, women and children
living with HIV and AIDS throughout the world;
- Reducing mortality caused by AIDS, especially in
the socially and economically less developed
countries;
- Increasing life expectancy particularly in those
countries where it has been falling as the result of
AIDS;
- Helping to restore the process of social
development in poor countries by means of maintenance
of productive capacity and the labor force.