E-DRUG: Zimbabwe declares emergency for AIDS drugs
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[the first (?) government use compulsory license in Africa post Doha?
Which country is next? Copied as fair use. WB]
Emergency Declared
The Herald (Harare)
NEWS May 28, 2002
By Herald Reporters
THE Government yesterday declared a six-month emergency period to deal
with one of the world's highest HIV/Aids infection rates by allowing
local people to use generic drugs.
In a notice published in the latest Government Gazette made available
yesterday, the Minister of Justice, Legal and Parliamentary Affairs,
Cde Patrick Chinamasa, said the emergency order would enable people to
have access to the drugs.
"In view of the rapid spread of HIV/Aids among the population of
Zimbabwe, the minister hereby declares an emergency for a period of
six months, with effect from the promulgation of this notice for the
purpose of enabling the State or a person authorised . . . to make or
use any patented drug," Cde Chinamasa said in the notice.
The minister said the declaration would also allow the Government and
other authorised people "to import any generic drug used in the
treatment of persons suffering from HIV/Aids or HIV/Aids-related
conditions".
Deputy Minister for Health and Child Welfare Dr David Parirenyatwa
said last night that the emergency declaration was in line with the
Trade Related Intellectual Property Rights, which made it impossible
for the country to use certain drugs.
"Under the emergency declaration the law will allow us to use the
generic drugs," he said.
Since last year the Government has permitted the use of
anti-retroviral drugs, especially for pregnant mothers.
The drugs are being given free of charge at about 35 centres
throughout the country as part of Government's efforts to reduce the
transmission of the Aids virus to the unborn child.
Statistics indicate that at least 2 000 people die from Aids every
week in the country and that at least 20 percent of the country's 14
million people are infected with HIV, the virus that causes the killer
disease.
Zimbabwe has been described as one of the countries worst affected by
the HIV virus.
It is estimated that one in every four adults is infected with the
virus. In 1998, the life expectancy rate dropped to 39 years from 60
years in the previous decade.
At least 15 percent of new cases of HIV/Aids occur among children
under the age of five.
It is also projected that in the next decade, 45 percent of all
children will be orphaned by HIV/Aids and that half of the children
will be infected with the Aids virus.
As part of its efforts to alleviate the effects of HIV/Aids and combat
the pandemic, the Government started collecting an Aids levy from
workers and employers in 2000.
The money is channelled towards programmes to support HIV prevention,
care and mitigation activities.
Last year the National Aids Council disbursed $531 million to HIV/Aids
action committees throughout the country.
NAC was formed by an Act of Parliament to co-ordinate HIV/Aids
activities as well as administer the National Aids Trust Fund.
Two weeks ago Dr Parirenyatwa revealed that the Government was
drafting legislation to ensure that anti-retroviral drugs were
available to ordinary people at affordable prices.
He said his ministry was studying existing legislation to ensure the
acquisition of the drugs was not contrary to Zimbabwe's commitment to
international agreements.
Dr Parirenyatwa said the acquisition of the drugs would have to be
done within the parameters set out by the Trade-Related Aspects of
Intellectual Property Rights of 1994 of which Zimbabwe is a signatory.
The agreement allows the Government, through the National
Pharmaceutical Company, to procure drugs from licensed dealers and
protects the country from becoming a dumping ground for fake drugs.
A wider supply of drugs will bring relief to many people infected with
the virus as well as those looking after the sick.
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