Assembly adopts weakened resolutions on AIDS, Essential Drugs

by Chakravarthi Raghavan

Geneva, 22 May 2001 - The 54^th World Health Assembly adopted Monday two resolutions on cheap HIV/AIDS and essential drugs that seemed to leave open the conflict between the accessibility of cheap medicines in the developing countries and the global monopoly ‘rights’ of transnational pharmaceutical firms set by the WTO’s Agreement on Trade-Related Intellectual Property Rights. The draft resolutions put forward by Brazil was watered down in a compromise, brokered by the Sweden for the EU, that qualified the Health Assembly’s backing to measures for access to medicines to counter AIDS and other diseases by the phrase that such measures to be “consistent with applicable international law”, a reference to the WTO and its TRIPS Agreement.

Some of the civil society groups who had come to the Assembly as observers said at a time when the transnational pharmaceutical industry was under considerably public pressure, the Assembly resolution was a kind of ‘cease-fire’ that would enable the industry to regroup rather than retreat.

An NGO from a developing country said that the clear message to civil society is that they must regroup and join hands to fight the battle against the World Trade Organization and its agreements, and extending their remit through a new round and new issues. Developing country governments were also faulted for not joining hands and mapping out a careful overall strategy.

The transnational pharmaceutical companies, grouped under the International Federation of Pharmaceutical Manufacturers Association (IFPMA) on the other hand were clearly happy with the outcome. In a statement, the IFPMA underlined that the Assembly had identified that “efforts to improve health care could be met within existing international trade agreements and had upheld the importance of working in accordance with such agreements”, and that the resolutions also recognized that intellectual property regimes promote innovation and that the development of domestic industries must be consistent with international law.”

Brazil had put forward for the Assembly two resolutions, one on HIV/AIDS and the other on the WHO’s revised drug strategy, and seeking in effect the Health Assembly endorsement of the resolution of the UN Human Rights Commission which recognized access to medication for such pandemics as AIDS is a fundamental element of the right of everyone for the highest attainable standard of health.

The Brazilian draft on AIDS had called for efforts by members to guarantee access to antiretroviral and other drugs having as its point of reference the principle of equity, and guaranteeing supply at prices compatible with the social and economic circumstances of individual countries.

The draft on the revised drug strategy had similarly called for ratification of the resolution of the Human Rights Commission asking countries to reaffirm their commitment to public health interests. It also had called on members to cease and desist from bilateral actions that effectively obstruct efforts of member states to expand access to and local production of generic drugs.

The resolution had been widely interpreted by the pharmaceutical lobby, and its main backers in the industrialized world, as in effect getting the Health Assembly backing in the dispute against Brazil at the WTO, where the US is challenging the Brazilian law.

The compromise resolution adopted by the Assembly on the AIDS issue, in a key paragraph urged Member States, “in order to increase access to medicines, to cooperate constructively in strengthening pharmaceutical policies and practices, including those applicable to generic drugs and intellectual property regimes, in order further to promote innovation and the development of domestic industries consistent with international law.”

The resolution on ‘WHO medicines strategy’, urged Member states

·        to reaffirm their commitment to ensuring public health interests and to make every effort to promote equitable access to medicines, and to undertake the necessary access within their national health policies, including for priority diseases and pandemics, as an important element for achieving the highest attainable standard of health,

·        to take effective measures in accordance with international law and international agreements acceded to in order to ensure improved access to medicines,

·        to cooperate with respect to the resolution 2001/33 of the UN Commission on Human Rights,

·        to pursue measures directed to expanding access of their populations to essential drugs, taking into account the cost effectiveness of rational drug use as well as affordability,

·        in order to increase access to medicines, and in accordance with the health needs of people, especially those who can least afford the costs, and recognising the efforts of Member states to expand access to drugs and promote domestic industry, cooperate constructively in strengthening pharmaceutical policies and practices, including those applicable to generic drugs, and intellectual property regimes in order further to promote innovation and the development of domestic industries, consistent with applicable international law.

In other actions:

·        the Assembly cut by about $20 million, the $420 million regular budget of the organization for next year, because the gap left by reducing the US contribution from a 25 to 22 percent would not be filled by others.

·        the Assembly increased the salaries of the Director-General by 10-20 percent (depending on the options exercised to claim an allowance for dependent family members) to a net annual $ 137,492 (dependency rate) or a $ 122,268 (single rate).

·        increased the salary for the ungraded posts to a net $104,341 (dependency rate) or $94,484 (single rate). – SUNS4901

The above article first appeared in the South-North Development Monitor (SUNS) of which Chakravarthi Raghavan is the Chief Editor.

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