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The
Two Faces of George Bush in Africa
by
Russell Mokhiber and Robert Weissman
President
Bush is doing a barnstorming tour of Africa to call attention to his
administration's commitment to addressing the HIV/AIDS pandemic on the
continent.
One
problem: He's simultaneously trying to impose on African countries enhanced
patent protections that would undermine their ability to gain access to
affordable medicines.
(Actually,
there are lots of problems -- denial of debt relief, water privatization,
insistence on the failed IMF "structural adjustment model," and much
more -- but those are topics for another day.)
The
administration has just commenced free trade agreement negotiations with the
Southern African Customs Union (SACU), which consists of South Africa, Namibia,
Botswana, Lesotho and Swaziland.
Among
the key U.S negotiating aims, announced U.S. Trade Representative Robert
Zoellick, is to "establish standards that reflect a standard of [patent]
protection similar to that found in U.S. law and that build on the foundations
established in the WTO Agreement on Trade-Related Aspects of Intellectual
Property (TRIPS Agreement)."
Pushing
for equivalent patent standards in Africa will severely limit countries'
ability to take appropriate measures to address HIV/AIDS and other serious
health problems.
It
also happens to run contrary to repeated U.S. promises.
An
Executive Order promulgated by President Clinton but kept in effect by Bush
first established the principle that the U.S. would not ask African countries
to provide patent protections beyond those required by TRIPS.
In
2001, all of the WTO countries, including the United States, agreed on the Doha
Declaration on the TRIPS Agreement and Public Health. The Declaration affirmed
that the TRIPS Agreement "can and should be interpreted and implemented in
a manner supportive of WTO members' right to protect public health and, in particular,
to promote access to medicines for all." The Declaration emphasized the flexibilities
inherent in TRIPS and countries' right to use them to the fullest extent possible.
"We reaffirm the right of WTO members to use, to the full, the provisions
in the TRIPS Agreement, which provide flexibility for this purpose," the
declaration states. The U.S. goal in Southern Africa is to force countries to
sacrifice these flexibilities.
The
Trade Act of 2002, which gave the President fast-track trade negotiating
authority for the U.S.-SACU negotiations, as well as for other free trade
deals, specifically establishes respect for the Doha Declaration as a principal
negotiating objective of the United States in trade negotiations with other
nations.
To
all that, the Bush administration has opted for the Emily Latella approach:
Never mind.
If
other U.S. free trade agreements are any indication, the U.S. will push in its
negotiations for a wide range of patent hyperprotections. These will be cloaked
in technical language that won't mean much to most people, but will have
enormous consequences for healthcare delivery in Africa.
To
take just one example. TRIPS provides countries with complete freedom to
determine the grounds for granting a compulsory license (authorizing price-lowering
generic competition while a product is still on patent). Several U.S. free
trade agreements have limited compulsory licensing to a very restricted set of
cases, making it extremely difficult to undertake compulsory licensing in the
private sector. That means non-governmental aid agencies, private insurers and
private employers, among others, will not be able to purchase and distribute
lower-priced generic versions of AIDS and other essential medications, until
patents expire. That, in turn, will translate into fewer people treated.
For
one of the SACU member countries, the stakes are higher still. Lesotho is a
least-developed country. The Doha Declaration stipulated that least-developed
countries do not need to enforce pharmaceutical patent protections whatsoever
until 2016.
The
Southern African region suffers from the highest rates of HIV infection in the
world. "National adult HIV
prevalence has risen higher than thought possible, exceeding 30 percent"
in much of the region, notes UNAIDS. HIV prevalence rates are 38.8 percent in
Botswana, 31 percent in Lesotho, and 33.4 percent in Swaziland. South Africa
has the world's largest population of people with HIV/AIDS.
Bush's
AIDS initiative recognizes the imperative of treatment for people with
HIV/AIDS. Treatment is expensive, but massive savings are available through use
of generic medicines and reaping the benefits of generic competition. Indeed,
it will not be practicable for poor countries to provide treatment, or for
donors to support treatment efforts, unless lower-priced medicines -- only
obtainable through generic competition -- are used.
Yet
the intellectual property measures likely included in a U.S.-Southern Africa
Free Trade Agreement will work to delay the entry of generics, and defer the
day when consumers and procurement agencies can reap the benefits of generic
competition.
This
threatens to impede dramatically the effort to provide treatment to people with
life-threatening HIV/AIDS, as well as other diseases, with deadly consequence
for millions.
Offering
a simple solution to these problems, Doctors Without Borders/Medecins Sans
Frontieres, Oxfam, Africa Action, Health GAP, Consumer Project on Technology,
Global AIDS Alliance, ACT-UP Paris and Essential Action have called on the
administration to exclude intellectual property from the U.S.-SACU
negotiations.
The
Bush administration has a simple choice: Heed their paymasters in the
brand-name pharmaceutical industry, or deliver on their commitment to provide
treatment to two million people with HIV/AIDS. They can't do both.
Russell Mokhiber is editor of
the Washington, D.C.-based Corporate Crime Reporter (http://corporatecrimereport.org). Robert Weissman is editor of the
Washington, D.C.-based Multinational Monitor (www.multinationalmonitor.org).
They are co-authors of Corporate Predators: The Hunt for MegaProfits and the
Attack on Democracy (Monroe, Maine: Common Courage Press; http://www.corporatepredators.org).