lunes, 13 de diciembre de 2010

Letter to Global Fund Executive Director by Communities Delegation

13th December 2010
Dear Dr. Kazatchkine,

The Communities Delegation recognises the significant progress accomplished with respect to access to life-saving treatment, of which the availability of affordable generic versions of HIV-related treatments has played a critical role in achieving.

India plays a key role in producing, registering and supplying essential medicines to all countries.  According to the study published by the Journal of the International AIDS Society, in 2008 alone, Indian-produced generics accounted for a staggering 91% of paediatric ARV and 89% of adult nuceloside and non-nucleoside reverse transcriptase inhibitor markets.  Furthermore, an estimated 4 million people to start on treatment between 2003 and 2008, and 96 of 100 countries purchased Indian generic ARVs in 2008, including high HIV-burden sub-Saharan African Countries.

The EU is pushing an aggressive trade agenda, and using the current Free Trade Agreement (FTA) negotiations with India to pursue 'TRIPS plus' provisions and enforcement rules that go beyond the international World Trade Organisation's (WTO) TRIPS agreement standard protections of intellectual property, such as patent extensions, border measures, data exclusivity, etc.  This will further restrict India from producing and selling affordable generic versions.

This FTA agreement and its discussions will clearly reduce the vital role of India as a provider of life-saving treatments for millions of people.

The current economic climate presents significant challenges to the Global Fund.  Without the resources necessary for the significant expansion of necessary funding, we must redouble our efforts on achieving maximum value for money.

Those in need of treatment continues to eclipse supply.  The proposed TRIPS plus provisions under the India-EU FTA has the potential to significantly impact on the capacity of Global Fund supported programmes to procure high quality and low cost ARVs, and will erode any progress made by the Market Dynamics and Commodities Ad-hoc Committee.

Most importantly, millions of lives will be affected, and HIV-related deaths will result.
We strongly welcome the recent UNAIDS statement (released 9th December 2010) which calls for all countries to increase efforts towards achieving Universal Access and refers to the negative impacts of TRIPS plus by stating that "...Trade agreements that place additional burdens on the manufacture, import or export of lifesaving medicines - so-called 'TRIPS plus' measures such as 'data exclusivity -- and incorrect interpretations of the term 'counterfeit' should be avoided...", a statement that has been echoed by the World Health Organisation.

The EU Commission has defined its role in Global Health in regards to TRIPS Plus provisions (in the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions, Brussels, 31st March 2010) as "... The EU should work to ensure more effective use of TRIPS provisions to increase the affordability and access to essential medicines.  The EU should continue to ensure that EU bilateral trade agreements avoid clauses which may undermine access to medicines.  Generic competition and rational use of medicines are of major importance to ensure the sustainability of healthcare systems..."

The Communities Delegation would like to raise awareness on this issue amongst the Global Fund Board delegations, so as to work with the EU to ensure TRIPS plus provisions are excluded from its FTA with India.

We firmly believe that your role as the Executive Director of the Global Fund is critical in raising this vital issue during the Board Meeting during your Report of the Executive Director, to ensure Global Fund Board Members and Delegations are aware of the importance of this issue and the severe implications and consequences for the Global Fund and its supported programmes -- for less people will be able to access essential life-saving treatments at a time when resources available are severely under pressure.

Carol Nyirenda
Outgoing Board Member

Morolake Odetoyinbo
Incoming Board member

Shaun Mellors
Incoming Aternate Board Member
Communities Delegation on the Global Fund Board

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