Health 
South African women protest medicine court case 

afrol.com, 5 March - The African National Congress Women's League has called upon all women of South Africa to come out in support of the South African Department of Health as it came under legal attack from 41 multinational drug manufacturing companies in the Pretoria High Court on Monday (5 March). If the companies were to win the case, this would jeopardise government programs aiding pregnant HIV-infected women.

The drug companies, most of whom are local subsidiaries of foreign multi-billion dollar corporations, are taking the South African Government to court, contesting sections of the country's Medicines and Related Substances Control Amendment Act. These sections of the Act are aimed at making drugs affordable and thus accessible. 

They also open for the import of so-called generic medicines rather than name-brand drugs. Indian companies offer generic AIDS medicines at one tenth of the price, but importing those would violate the intellectual property rights of the drug companies, they argue.

According to a statement from the ANC Women's League, "these profit-driven companies are challenging the Act because it gives the Department and the Minister of Health powers to obtain drugs that are essential to the health of the South African women and their children at a lower price where possible." Women are more exposed to HIV/AIDS in South Africa and also more dependent on cheap, government provided medicines.

The drugs lawsuit has upset large groups inside and outside South Africa, as it so openly demonstrates the power of drug companies to control the prices of life giving drugs and the international trade regulations protecting them. South Africa, facing a veritable AIDS disaster, has limited resources to medicate its estimated 10 million HIV positives. 

The South African government however has launched programs to provide free anti-retrovirals to pregnant women and mothers to be able to somewhat control the epidemic. The government program is to distribute generic Nevirapine, which is known to significantly decrease the chances of babies becoming HIV infected during birth.

These programs are in danger if the drug companies win the Pretoria lawsuit, as the costs of anti-retrovirals would become unsustainable. Therefore the outrage of the ANC Women's League, calling for a fight "for an affordable health care" and "support to the government for initiating a legal framework in which this dream can be realised." The League cries out: "Never shall an African child die of curable disease because of those who are only interested in making profit!" Also trade unions and other non-government organizations have organized demonstrations in support of the government this weekend.

The Pretoria lawsuit has significance far beyond the borders of South Africa, as it might provide a legal framework for other poor nations to import cheep, generic drug under emergency situations like the AIDS epidemic. International trade regulations open for such exceptions in case of emergency. 

International support
The South African government is also gaining international support for its fight to get sustainable prices so that it can be able to provide drugs through the public health system. Last week even the World Health Organisation (WHO) stated that it "fully supports" the South African Medicine Act and drug policy, "including generic substitution, greater competition in public drug procurement, improved drug quality, and more rational use of medicines."

Also humanitarian organisations come out in support of the South African government. In a joint statement today, international aid agencies Oxfam and Médecins Sans Frontières (MSF) said "many lives could be saved if people had access to affordable medicines, which the South African Medicines and Related Substances Control Amendment Act 1997 would permit. ... The legal challenge is a warning to other developing countries that many within the drugs industry will use any tactic to defend their patents, whatever the cost in human suffering. The agencies note that, during the same week of the court case, the five biggest companies involved in the trial will have sold $2.2 billion worth of medicines and made $560 million profit." 

There will be demonstrations today across the world against the policies of these drug giants. "People no longer accept that profits are protected at any cost to human life. These companies now stand hopelessly isolated. No government in the world supports their legal action any longer," said Ellen 't Hoen of MSF.

Source: Based on ANC, Oxfam and afrol archives  

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