Access to AIDS treatment in the developing world, and us

By : G. Torrieri, torrieri [at] physics.arizona.edu

What are we concerned about?

Two sponsors, of the present AIDSWalk, pharmaceutical corporations Glaxo-Wellcome and Bristol-Myers Squibb, have successfully asked the US government to sue Brazil in a World Trade Organisation (WTO) court. The lawsuit's aim is preventing that country' government from issuing compulsory generic licenses for some AIDS treatment drugs, as part of Brazil's policy of treating AIDS as a national emergency. Similar lawsuits were filed against India and South Africa, although the South African dispute was scaled down after it became clear the pharmaceutical companies's continuation of the suit would mean a public relations disaster.

The high price of many anti-AIDS drugs, especially those making up the so-called "Cocktail", make them unaccessible to over 90% of the world's AIDS sufferers.
This price is almost entirely due to licensing costs under international trade treaties.

Preventing developing countries from developing cheaper generic versions of AIDS drugs effectively bars most of the world's AIDS sufferers from treatment. It also holds back the diffusion of modern science and technology in the developing world, and breaches the sovereignity of these countries in a life-and-death matter. (it should be noted, in this regard, that the US has a law on the books giving the federal government authority to override licensing costs in times of national emergency).
Oxfam, perhaps the most estabilished NGO dealing with developing world issues, has characterized these lawsuits as a "war on the world's poor" [1], and several US rapresentatives denounced US involvment in them [5]

The drug industry's position

The pharmaceutical companies claim that global trade treaties give them exclusive rights to negotiating the patenting of these drugs on their own terms. Technically, the WTO tribunals did rule in favour of these companies in the South African suit. However, as WTO hearings are conducted behind closed doors, and since their lack of impartiality has now been widely documented, we are not at all convinced about the legal aspects of this ruling.
Certainly, so far international trade traties do allow to over-ride licensing in a national emergency [2]
Pharmaceutical companies also claim that they are safeguarding the "incentive" to spend millions of dollars in costly drug development. This is an extremely misleading position, as most of these millions of dollars actually came from the US taxpayer. The Consumer Project on Technology did an excellent exposure on the extent of US government subsidy of pharmaceutical research, and specifically the development of those AIDS drugs is now regarded as exclusive "Intellectual property" by Glaxo and Bristol-Myers. [3]. The same document gives the view of some of the leading AIDS scientists of how the fruits of their publically funded research are being prevented from reaching some of the people who need them most in the name of private profit.

Aside from the legality and commercial aspects of the matter, we think there is no doubt that denying treatment to the world's poorest AIDS patients for commercial reasons is not just uncharitable. It is inhumane.
The unprecedented profit margins pharmaceutical multinationals have enjoyed for years make any claim that they need to protect their economic existance by denying poor countries the right to manufacture their own medicines laughable.
Their claims that the problem needs to be resolved via international aid rings extremely hollow given that allowing developing countries to manufacture their own drugs would allow millions of people to get treated at no cost to the US tax-payer (or to themselves!).
Finally, their offers to sell to poor countries at a discount price have been judged as inadequate by just about anyone who works with AIDS in developing countries.
In short, we believe the conduct of pharmaceutical multinationals, including Glaxo and Bristol-Myers, can not reasonably qualify them as charitable and public-minded organisations.

Fair enough, but what good will it do if pharmaceutical companies's sponsorship is rejected?
Surely the money will be put to good use by SAAF.

This is an extremely valid point.
We understand that the Southern Arizona AIDS foundation runs on a very limited budget,and are perfectly aware that corporate sponsorship is essential in organizing an event of the scope of the AIDS walk. We also understand that charitable organisations accept sponsorhip from companies engaged in less than ethical conduct all the time, and accepting sponsorship from a company does not automatically mean condoning or accepting the company's practices.
In this case, however, the sponsors conduct is directly and adversely affecting the worlds poorest AIDS patients, the very people that we, as individuals concerned about AIDS, are supposed to be helping.
Because of this, and given the plethora of organizations from all walks of life who are helping SAAF and the present AIDS walk, we believe that allowing the pharmaceutical companies to aquire a misleadingly charitable public image through a comparatively small donation will, in the long run, do much more harm to AIDS patients than taking a principled stand. The only way available to us, as concerned individuals, to put pressure on these companies to change their conduct is to expose it to public scrutiny.

What can we do?

First of all, educate yourself and keep abreast of the news!
This issue, unfortunately, received considerably less media attention than it deserves, and consequently just reading up on the world's AIDS crisis and talking to your friends and collegues about the situation is a great step forward.
The web sites provided at the bottom of the page provide excellent sources of news and material, as well as resources for people who want to get more involved in campaigning for a better deal for AIDS patients in the developing world.

If this issue has outraged you enough,

Resources

[1] http://news.bbc.co.uk/hi/english/health/newsid_1165000/1165771.stm
[2] http://www.tac.org.za/
[3] http://www.cptech.org/ip/health/aids/
[4] http://www.globaltreatmentaccess.org
[5] http://www.house.gov/waters/pr010307.htm
[6] http://www.hrw.org/press/2001/11/wto-aids1107.htm
[7] http://www.commondreams.org/headlines01/1108-01.htm