Treatment Action Campaign News, 23 June 2000. * Global March for Treatment Access on 9 July 2000 commences at 15:00 outside the Durban City Hall * TAC-MSF Satellite conference on treament access begins at 09:30 and ends at 13:30 in Durban City Hall, 9 July 2000 * On 11 July 2000, Agenda launches its latest issue: “AIDS: Global concerns for women” * TAC sends letter to William C. Steere, CEO of Pfizer demanding immediate price reduction on Fluconazole (see article in main body) * TAC holds demonstrations outside Pfizer headquarters in Pietermaritzburg. Over 150 attend. * TAC will hold a demonstration against Pfizer in Johannesburg on Monday, 26 June 2000. * Report from Woza Internet on Pfizer's offer (See article in main body) * Report on Minister of Health's position on Pfizer offer (See article in main body) * d4T becomes 85% cheaper in Thailand, a further addition to the overwhelming evidence that drug patents are resulting in higher prices elsewhere (see article in main body). * International Labour Organisation (ILO) report on effect of HIV/AIDS in workplace. (See article in main body) * Gauteng Provincial Legislature rejects DP bill to introduce AZT at clinics. (See article in main body) * SA Govt. launches 5 year AIDS plan. (See article in main body) * Costa Gazi vows to continue dispensing NVP. (See article in main body) * US court rules in favour of HIV+ claimant against insurance companies (See article in main body) * WEF report on the need for debt relief for African countries so that they can tackle HIV. (Thanks once again to Anna Weekes for her help in putting together the news.) ---------------- Letter from TAC to William C. Steere, CEO of Pfizer Dear Mr. Steere IMMEDIATE PRICE REDUCTION FOR FLUCONAZOLE The Treatment Action Campaign (TAC) has learnt from sources inside your company that Pfizer has limited its offer of free fluconazole for cryptococcal meningitis for people with HIV/AIDS who cannot afford the drug to two and a half years. This limitation coincides with the expiry of your patent. In addition, you have excluded other countries from this donation and you refuse to negotiate a significant price reduction. As you are aware, the South African government can import fluconazole for less than R2.00 per 200mg capsule. TAC supported by the trade unions, religious bodies and civil society organisations demand that you lower your price to less than R4.00 per 200mg capsule and provide an appropriate equivalent for infants and children with HIV/AIDS. TAC accepted your donation in good faith and as an indication that you are willing to negotiate a price reduction. We also indicated that our Minister of Health should accept your donation. We have been misled. Pfizer leaves us no option but to take public action against your company and to mobilise international public opinion against profiteering. Every day ’s delay in a significant price reduction costs lives. Finally, we request that you lower your price to less than R4.00 per 200mg capsule before 29th June 2000 or that you issue a voluntary licence to allow the importation of the generic equivalent of Diflucan--fluconazole. Yours faithfully Zackie Achmat (TAC Chairperson) Promise Mthembu (TAC Executive) cc Dr. Manto Tshabalala-Msimang, Minister of Health; Dr. George Flouty, Medical Director, Public Health Programs, Pfizer; Barry Smith, CEO, Pfizer South Africa; Lodewijk J.R. de Vink, CEO, Warner-Lambert; Gordon Knapp CEO, Warner-Lambert South Africa ---------------------- Pfizer limits scope of donation of HIV drug in South Africa WOZA Internet (Johannesburg) June 21, 2000 By Marjolein Harvey (copied for fair use) Johannesburg - The international medical aid agency Medecins Sans Frontieres (MSF, also known as Doctors without Borders) admonished Pfizer on Wednesday for not making good on its promise to provide fluconazole (brand name Diflucan) for free to people with HIV/AIDS in South Africa. "The offer of the drug for free by Pfizer recently has now been limited for use in the rare brain infection, cryptococcal meningitis, which means that oral thrush and life-threatening oesophageal candidiasis, which are much more common, will not be included," Coordinator of MSF's Essential Medicines campaign, Tobi Casper, told SABC radio on Wednesday. He says that Pfizer has also put other conditions on the drug. "Under the South African patents Act, the health minister can request a compulsory licence. This would in effect force Pfizer to hand over its patents on fluconazole to government," says Casper, adding that this would allow government to bring in the drug from Thailand, where it is sold at about R1.80 as opposed to SA's R29 per daily dose. Casper explains that countries like Thailand have no strict patent system and are therefore enabled to either produce essential medicines locally under generic names or shop around the world for the best price. SA does have a very strict patent system and is not as able to follow Thailand's example. "However, under the SA Patents Act there are a number of remedies which can allow generic manufacturing to flourish here as well," says Casper. As negotiations proceed with the South African government on the details of how the donation will be structured, the highly restrictive nature of the offer is becoming clearer, according to MSF in a statement on Wednesday. "The cumbersome conditions that Pfizer is imposing on its much-publicised offer to provide fluconazole for free to people with AIDS is disappointing," said Eric Goemaere, MSF SA. "Most outrageous is Pfizer's attempt to structure this donation like a clinical trial, adding onerous reporting and training requirements. South African physicians are experienced professionals and it is patronising to require special training for routine treatments. "South African physicians are currently diagnosing opportunistic infections that can effectively be treated by fluconazole, but are unable to do so because of the price." In the ongoing negotiations between government and Pfizer, the company has placed other significant limitations and restrictions on the proposed donation. Contrary to the initial demand, the donation is being restricted to cryptococcal meningitis, which means that oral thrush and life-threatening oesophageal candidiasis will not be included. The company has also put a time limitation on the offer. If the South African government is not satisfied with Pfizer's proposal to increase access to fluconazole, it could decide to issue a compulsory license, granting the right of production or import to one or more producers/suppliers. As Health Minister Manto Tshabalala-Msimang explained at a World Health Organisation (WHO) conference this week, compulsory licensing is a crucial tool to make HIV/AIDS drugs more widely available. Generic fluconazole is currently sold for about R1.80 (daily dose for cryptococcal meningitis) in Thailand. If Pfizer was to grant a voluntary licence to government to import or manufacture quality fluconazole the South Africans would be able to independently meet the needs of AIDS patients who have both cryptococcal meningitis and candidiasis. Cryptococcal meningitis is a fungal infection of the brain that, if left untreated, is fatal within two months. In South Africa the government pays R29 for a daily dose, a price which the government can not afford to pay. "South Africa is facing one of the world's most acute AIDS epidemics with more than 10% of the population infected with HIV. More than 100 000 people died here of AIDS last year," said Goemaere. "It is unacceptable that Pfizer still refuses to sell this product at an affordable price in poor countries, or to let others have the legal right to do so." Sales of Diflucan were more than R6 billion in 1999. MSF continues to support local NGO Treatment Action Campaign (TAC)'s initial request: Pfizer should reduce the daily price of Diflucan in South Africa to below R4 or issue TAC a voluntary licence to allow generic competition to reduce prices to affordable levels. Pfizer has also rebuked similar requests from other countries around the world. MSF is conducting an international campaign to improve access to essential medicines in poor countries. http://www.africanews.org/south/southafrica/stories/20000621/20000621_feat16 .html ---------------------- Minister dismisses Pfizer speculation (copied for fair use) SA IS still negotiating with US drug company Pfizer about its plans to donate a life-saving antifungal medicine to SA AIDS patients, says Health Minister Manto Tshabalala-Msimang. She also rejected speculation that government was likely to spurn Pfizer's offer to donate its drug Diflucan to thousands of suffering from AIDS. But Tshabalala-Msimang said yesterday that government was concerned about the sustainability of the offer. "We have not rejected it. We're still negotiating," she said. "We need to have a very good contract because we don't want a new Pfizer CEO to come in and stop the supply of the medicine. "It's those technicalities we need to work out," she said. Pfizer agreed in April to give away Diflucan. This followed pressure from the Nobel Prize-winning Medicins Sans Frontieres organisation and AIDS activists. The Wall Street Journal reported this week that SA might decide in the next two weeks to reject the offer. The newspaper said government believed the offer was too restrictive to be of much benefit to the many thousands of people who needed it. But Tshabalala-Msimang said: "We want to tighten the relationship between us and Pfizer, so we are still negotiating the offer." She said government was also concerned that the offer only applied to treatment of AIDSrelated meningitis. Government wanted it broadened to include other infections. Diflucan, also known as fluconazole, costs about $13-17 for a daily dose. It helps control cryptococcal meningitis, a brain infection that can be fatal for patients with weakened immune systems. It must be taken daily for life to control the condition. SA has one of the world's highest rates of HIV infection. Almost 5-million people are believed to be HIV-positive. An estimated 27-million people in developing countries in sub-Sahara Africa, Asia and South America are infected with HIV, but most are too poor to pay for AIDS drugs. Tshabalala-Msimang said at a news conference on Wednesday that African countries were determined to fight for parallel importation of cheaper AIDS drugs and also for some of the medicines to be manufactured locally. This will make them more widely available. "We are going to fight the battle and I'm sure that we will win the battle," she said. African countries plan to enlist help from other developing regions. Reuters. http://www.bday.co.za/bday/content/direct/0,3523,643649-6099-0,00.html ---------------------- d4T becomes 85% cheaper in Thailand - Tido von Schoen-Angerer Stavudine - d4T is now produced generically in Thailand at US$ 0.54 - 0.76 per day (depending on body weight). This is more than 85% cheaper than the current brand name price in Thailand (and more than 90% below the US price). Unfortunately Bristol-Myers Squibb has been engaged in heavy lobbying efforts over many months to prevent generic production.There is no patent on d4T in Thailand but d4T had market exclusivity based on a regulation that automatically gives market exclusivity during post marketing surveillance (here called Safety Monitoring Program). This arrangement was imposed on Thailand by the US Trade Representative when Thailand was under "special 301" review in 1993, i.e. before TRIPS was even signed. Market exclusivity for d4T expired last year with the completion of the Safety Monitoring Program but Bristol-Myers Squibb attempted to get further protection and has been trying to discredit the quality of generics. These lobying efforts have to be seen in contrast to the recent press releases of the 5 drug companies (including Bristol-Myers Squibb) to reduce drug prices in cooperation with UNAIDS. At least for this particular company it shows that the reduction of drug prices (if it ever will take place) is not genuine but a response to generic competition and activist pressure. Total world wide sales of d4T (Zerit) had exceeded $ 1.1 billion by 1998. Mind that this is another drug that was not developed by the industry... Tido von Schoen-Angerer, MD Medecins sans frontieres Thailand Email: msfdrugs@asianet.co.th --------------------- June 7, 2000 New ILO report warns of HIV/AIDS 'catastrophe' for workers and employers (Copied for fair use) Geneva, Switzerland (ILO News) - In the first study of its kind, the International Labour Office (ILO) warns of catastrophic consequences of HIV/AIDS for workers and employers worldwide, projecting a severe decline in the size and quality of the workforce in a number of countries over the next 20 years. "Surveillance information indicates that sub-Saharan Africa is the worst affected area and needs to be the focus of urgent action," the report entitled "HIV/AIDS: a threat to decent work, productivity and development", said. "Data and trends from other regions, however, indicate that effective and large-scale preventive interventions are required to avoid similar catastrophes elsewhere." The report is to be discussed at a Special High-Level Meeting on HIV/AIDS and the World of Work, to be held on June 8 at the Organisation's 88th International Labour Conference in Geneva. Addressing the plenary session will be the President of the Republic of Namibia Sam Nujoma, ILO Director-General Juan Somavia, UNAIDS Executive Director Peter Piot and Founder of the National Women's Alive AIDS Network of SA, Mercy Elizabeth Makhalemele. The meeting will also see the formal signing of a ILO/UNAIDS Cooperation Framework Agreement. Severe impact in hard-hit countries Based on an analysis of population data from Botswana, Cameroon, Ethiopia, Cote D'Ivoire, Haiti, Kenya, Malawi, Mozambique, Namibia, Nigeria, South Africa, Tanzania, Thailand, Uganda and Zimbabwe, the ILO said there would be about 24 million fewer workers in those countries alone in the year 2020 as a result of the AIDS epidemic. In eight African countries with HIV prevalence rates higher than 10% of the adult population - Botswana, Kenya, Malawi, Mozambique, Namibia, South Africa, Uganda and Zimbabwe - the ILO study said the labour force in the year 2020 will be an estimated 10 to 22% smaller than it would have been if there had been no HIV/AIDS - or about 11.5 million fewer. The percentage declines by country were: Botswana (21), Kenya (15), Malawi(13), Mozambique (19), Namibia (22), South Africa (17), Uganda (12) and Zimbabwe (21). In the case of countries with HIV prevalence rates below 10% of the adult population - Cameroon, Cote D'Ivoire, Ethiopia, Haiti, Nigeria, Thailand and the United Republic of Tanzania - the labour force is expected to be between 3 and 9% smaller (except in Thailand, where the difference is just over 1%) than it would have been without HIV/AIDS, or a total of about 12.5 million fewer persons. Percentage declines by country were: Cameroon (4); Ethiopia (5), Haiti (4), Cote d'Ivoire (7), Nigeria (3), Tanzania (8), and Thailand (1). The report also says HIV/AIDS will have a significant impact on the composition and quality of the labour force in those countries in terms of age, skills and experience, while creating more child labour and unravelling hard fought gains in the advancement of women. "Age and sex distribution of the labour force will change, due to the rising number of widows and orphans seeking a livelihood and the large proportion of people with AIDS in the age group 20-49 years, resulting in early entry of children into the active labour force, the early withdrawal of people with AIDS and the retention of older person in the labour force due to economic need," the report said. The report notes that the labour force projections provide some indication of the lowering of the average age of the labour force due to the impact of HIV/AIDS. Even assuming the same labour force participation rates, the median age of the labour force in high prevalence countries would be reduced by as much as two years by the year 2020, implying an increasing proportion of younger age groups in the labour force, as well as a reduction in the quality of the labour force in terms of education, training and experience. Impact on employers The report said AIDS-related illnesses and deaths of workers affect employers by increasing costs and reducing revenues. The impact of HIV/AIDS will require more spending by employers for healthcare, burial, training and recruitment of replacement employees. In addition,the epidemic is expected to lead to a reduction in revenues due to absenteeism caused by illness or attendance at funerals, as well as time spent caring for persons with HIV/AIDS or training of people to replace those who have become sick or who have died. "In view of these factors, some companies have already begun to hire or train two or three employees for the same position, if it is feared that employees in key positions may be lost due to AIDS," the report says. "Employees can also be replaced by importing labour from neighbouring countries, at the risk of creating a bigger immigrant sub-population, which is often more vulnerable to HIV infection." The ILO response "As we enter the new millennium, there is admittedly belated, yet growing understanding that HIV/AIDS is very much a problem for the world of work," the report said. "The numbers of workers living with HIV/AIDS have, or will, depending on the country, become a major cause for concern for all employers, in enterprises and organisations of all sizes." The report outlines a series of measures that can be taken by its tripartite social partners to increase their efforts against the further spread of HIV/AIDS in the world of work, including increasing awareness and advocacy for preventing the spread of HIV and providing protection and support for those living with HIV/AIDS; development of preventive and protection programmes for workers and employers; gathering and analysis of additional data on HIV/AIDS; and the development of new legislation and policy for HIV/AIDS. The ILO said it would collaborate closely with UNAIDS and its co-sponsors in prevention and support activities, but could bring its special status as a tripartite organisation involving workers' and employers' organisations as well as governments to the campaign against AIDS. http://www.iclinic.co.za/jun00/aidswork7.htm --------------- The Star 21/6/00 Gauteng rejects bid for AZT June 21 2000 at 01:07AM By Khathu Mamaila The Gauteng Provincial Legislature rejected by 41 votes to 13 a DP motion to enable the health department to provide pregnant women with AZT to reduce mother-to-child transmission of HIV. In his motivation, DP MPL Jack Bloom said studies had shown that AZT could prevent mother-to-child transmission by about 50%. "There is a very, very high price to be paid for every month of unnecessary delay. My estimate, based on 150 000 births every year in Gauteng, is that about half of the 10 000 HIV-positive babies born each year in this province could be saved." Rejecting the motion, ANC MPL Dr Ram Salojee said: "If we as a province unilaterally introduce the regimen, we will be faced with the consequences, as is happening, with the termination of pregnancy (and) large-scale cross-border flows. Political opposition parties have continuously condemned our department of health. Will they then condone the use of over-expenditure of funds, beyond the allocated budget?" he asked. http://www.iol.co.za/news/sa_newsview.php3?click_id=6&set_id=1&art_id=ct2000 0620230705174K510304 --------------- Daily Mail and Guardian and SAPA 20/6/00 Govt launches five-year HIV/Aids plan OWN CORRESPONDENT, Johannesburg | Monday 7.00pm. The government's five-year strategic plan aims to minimise the impact of HIV/Aids on society, Health Minister Manto Tshabalala-Msimang said at the launch of the project in Johannesburg. She said the "robust" dialogue surrounding the issue of Aids is encouraging, but much more needs to be done. President Thabo Mbeki stirred controversy in medical circles recently when he suggested that dissident views on the causes and treatment of the disease be given attention. Tshabalala-Msimang said the plan will strive to increase access to voluntary HIV/Aids testing and counselling. A culturally appropriate information, education and communication campaign will also be developed. The plan is divided into several areas including prevention; treatment; care and support; human and legal rights; and monitoring, research and surveillance. It will promote safe sex, uplift the treatment and management of sexually transmitted diseases and improve access to voluntary HIV/Aids testing and counselling. Treatment, care and support services in health facilities and communities will be provided. Facilities to care for HIV/Aids infected children and those orphaned by the disease will also be increased. Vaccine development will be encouraged and alternative treatment options investigated. A number of indicators will be put in place to monitor South Africa's overall response to the illness. The general trend of the disease would be measured according to the prevalence of HIV/Aids amongst woman who attend ante-natal clinics as well as those below the age of 18. The number of sexually active woman using condoms and the number of school leavers who are HIV/Aids educated will among others determine the success of the prevention plan. Msimang said they had deliberately chosen to focus on education because it is effective and cheap. "The biggest constraint we face is money." She urged those who can afford to purchase their own condoms to do so, saying the cost of providing free condoms is at least R20 million. South Africa will host the 13th World Aids Conference in Durban from July 10. --Sapa http://www.mg.co.za/mg/za/news.html#aids --------------- Gazi vows to keep giving drug (Copied for fair use) By Zamuxolo Feni EAST LONDON -- Cecilia Makiwane Hospital public health head Costa Gazi says he will not stop providing the drug Nevarapine to HIV-positive women even though it has not yet been approved. He said he was prepared to face the wrath of the provincial Health Department over this. Health Department permanent secretary Siphiwo Stamper said earlier that a policy on the use of anti-viral drugs at both national and provincial levels was still being formulated. Gazi's determination to prevent the transmission of the deadly HIV virus from mother to unborn baby is manifested by his personal contribution of R1200 a month to buy Nevarapine. Gazi is providing the drug to 19 Mdantsane-based clinics and eight in rural areas. He said that most foreign medical experts and health organisations agreed on the effectiveness of the drug. Gazi said 20 percent of pregnant women in his clinics are expected to carry HIV. He said he was extremely grateful when a United States-based health foundation donated thousands of dollars towards his efforts to provide Nevarapine. It could not be denied that primary health care services were on the verge of collapse as less money was being channelled into them. Gazi believes that the credibility of Nevarapine has been proved worldwide and that the government should not make excuses against its use. http://www.dispatch.co.za/2000/06/20/easterncape/GAZI.HTM ------------ Court upholds Aids disability claim New York - California's highest court ruled on Monday that a policyholder who developed Aids cannot be denied disability coverage, even though he was HIV positive when he applied for the policy. Ruling 7-0, the California Supreme Court reversed two lower courts, which had sided with Paul Revere Life Insurance Company. The court concluded that the insurer couldn't deny coverage for a pre-existing condition after the policy has been in place for two years. "If you have a disability insurance policy and it doesn't specifically exclude a condition by name, ... then what the court said is, after you've had the policy for two years, it (the insurer) cannot deny coverage based on a pre-existing condition,'' explained Jon W. Davidson, a supervising attorney with the Lambda Legal Defence and Education Fund, which represented plaintiff Mark Galanty. A number of consumer advocacy, disability rights and women's health organisations submitted friend-of-the-court briefs in siding with Galanty. Davidson said the case has broad implications for people with disabilities as well as the insurers that offer that type of coverage. Say, for example, a woman has genetic testing for breast cancer. "Would an insurance company try to argue that you knew you had the genes for cancer?" asked Davidson. "Would they try not to cover it?" At deadline, an attorney for Paul Revere could not be reached for comment. Galanty, a 52-year-old Studio City, California, resident, was HIV positive when Paul Revere sold him a disability policy in 1989. He submitted a claim for Aids-related disabilities in 1994, which the insurer initially began to pay. But after investigating the claim, the insurer denied coverage based on a provision limiting coverage to disabilities caused by "sickness or disease which first manifests itself after the Date of Issue and while Your Policy is in force'' and a provision excluding coverage for pre-existing conditions. The case turns on a provision of the California Insurance Code, called the "incontestability clause, and Paul Revere's own attempt to limit the definition of disability. The insurer argued that Galanty's HIV status was manifested long before the policy went into effect and therefore was not covered. But the court concluded "the incontestability clause bars Paul Revere from denying coverage for Galanty's disability, whether or not the causative sickness first manifested itself before the policy's date of issue.'' "What it really means is if you buy disability insurance, at what point should you have peace of mind that the insurance is secure...and they're not going to look for something in your background for a reason not to pay,'' Davidson said. Similar incontestability provisions exist in almost every state, and courts are split over how to interpret them. The California Supreme Court went the way of a majority of cases, Davidson said. http://livenews.24.com/News24/Health/0,1113,2-14_874719,00.html --------------------- Africa needs debt relief to tackle AIDS - WEF By MARIAM ISA (copied for fair use) Durban (Reuters) - Africa urgently needs debt relief to allow its governments to tackle AIDS and other pressing human needs, the Davos-based World Economic Forum (WEF) said in a report released on Wednesday. Key factors to boost economic growth had not yet been addressed, and growth rates across Africa were too slow for the crucial investments in health, education and infrastructure needed to raise living standards, the WEF's Africa Competitiveness Report 2000-2001 said. "It will do no good for Washington, London, Paris and Berlin to preach to Africa about governance, if these centres of power in the rich countries fail to support Africa's reforms with urgently needed debt cancellation and greatly increased financing," a report summary said. "In the end, we believe strongly in Africa's Renaissance, but we believe that it will be the product of a combination of forces: the vigour of African society, an increasingly democratic African policy, and the goodwill and urgently needed financial support of . . . the world community." The 290-page report, released at the start of a three-day WEF summit on southern Africa, covers 29 countries and takes in responses from more than 1 800 companies. Researchers from the WEF and the Centre for International Development at Harvard University helped compile the report, which follows a similar one in 1998. Uneven progress in recent years African policy makers across much of the continent had forged ahead with reform programmes, which have underpinned a return to economic growth. But their experience since 1996 displayed a very uneven record, the report noted. Some countries were enmeshed in war and internal conflict while others had experienced enormous natural disasters, such as floods, droughts and outbreaks of epidemic disease. But the report saw the spread of AIDS and the HIV virus as the main threat to the African economy, saying it was likely to hamper badly-needed foreign direct investment and burden government budgets with extreme pressures in coming years. "Firms' profits will fall, due not only to rising costs but to shrinking sales, since many participants in the labour force can no longer earn salaries and wages," it said. Around two thirds of the 22 million people infected with HIV live in Africa, according to the World Health Organisation. Debt relief seen as too stingy In a separate chapter on debt forgiveness for poor countries, the report criticised the process as "too slow, too stingy, and too arbitrary". To date, fewer than 20 percent of highly-indebted poor countries had been considered for debt relief, and only a handful had seen even a fraction of what was promised, it noted. "In the future, decisions over the extent of debt relief should be made in view of a detailed assessment of real social needs," it said. "If the resources were freed up and successfully redirected toward basic human needs, there could be significant improvements in human welfare." For instance, Ethiopia spent 1.6 percent of overall gross domestic product on health, versus 6.6 percent for the United States. This amounted to $3 per capita, versus $4 093. Debt relief would allow more money to be spent on health and more realistic long-term budgeting, but would almost certainly need to be augmented by increases in official development aid, the report said. In its competitiveness rankings, Tunisia ousted Mauritius as the top performer since 1998, with the latter slipping to second place. Botswana remained in third place, with few changes in the top seven countries. South Africa is in seventh place. Two notable losers were Kenya and Zimbabwe, with Kenya sliding eight positions to 22nd place, and Zimbabwe down two to 23rd. "Both countries have political leadership that has stayed in power for more than 20 years, and both countries are fraught with growing internal dissension and demands for further democratisation," the report said. http://www.woza.co.za/reuters/jun00/aids21.htm