For Immediate Release
AIDS Activists Launch United Nations Complaint on Impact of Obama Administration Trade Policies on Access to Medicines
Bush-era Policies Haven’t Changed Despite Obama Pledges, Say Activists
VIENNA, Austria - At
the International AIDS Conference in Vienna, Austria today AIDS
the U.S., Africa, Asia, and Latin America filed a complaint against the
States with the United Nations Special Rapporteur on the Right to
Health. The complaint argues that the United
States, working side by side with multinational pharmaceutical
using its trade policies to coerce countries to adopt intellectual
policies that increase the costs of medicines and violate the human
their citizens. These policies directly contradict the promises
made while he was a candidate, when he committed to 'break the
stranglehold that a few big drug and insurance companies
have on these life-saving drugs' and pledged support for 'the rights of
sovereign nations to access quality-assured, low-cost generic medication
meet their pressing public health needs.'
Specifically, the complaint alleges that the U.S.
threatens countries with trade sanctions for making use of legal,
WTO-compliant measures that bring down the cost of AIDS
drugs and other essential medicines. The U.S. government does so by
these countries on “watch lists” in a process known as “Special 301,”
threatens sanctions against foreign
countries for their intellectual property laws. In 2010 the U.S.
countries including Thailand, India, and Brazil—key manufacturers of
for African and other developing nations—on these lists for failing to
intellectual property laws that would undermine people’s health in order
maximize profits for big pharmaceutical companies.
“President Obama promised to support the rights of
to make low-cost AIDS medicines available to their people, but instead
trade representative is threatening countries who are doing just that,”
Matthew Kavanagh, Director of US Advocacy at Health GAP (Global Access
Project), a US-based AIDS and human rights group. A range of health
testified at a recent USTR hearing on Special 301. However, the Special
Report released by the White House in 2010 virtually ignored this expert
guidance. “President Obama is continuing policies that are holdovers
Bush—putting drug company profits over peoples lives,” said Kavanagh.
“The complaint filed
today demonstrates that the continuation of Special 301 attacks on
medicine policies violate international human rights obligations in
the Obama administration's own policies," said Sean Flynn, a Professor
Law and American University and the Associate Director of the Program on
Information Justice and Intellectual Property.
“Due to compulsory licenses, a great number of Thai
now have access to essential medicines for free through the national
insurance system and have regained their quality of life.,” said Supatra
Nakapew, Foundation for
AIDS Rights in Thailand. “Through
the complaint submitted to the Special Rapporteur for the Right to
urge the U.S. government to respect human rights and stop pressuring
and other developing countries. Moreover, the U.S. government should
developing countries to actively promote the use of TRIPS flexibility
to increase access to anti-retroviral and other essential medicines.”
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Over a dozen groups including Health GAP (Global Access Project), the International Treatment Preparedness Coalition, the Deli Network of People Living with HIV/AIDS, the Thai NGOs Coalition on AIDS and Thai AIDS Treatment Action Group (and several other Thai groups) and the Agua Buena Human Rights Association of Costa Rica submitted the complaint with legal counsel from Sean Flynn of American University’s Program on Information Justice and Intellectual Property. The full complaint is online at www.healthgap.org/UNComplaint.