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February 17, 2003: African Trade Ministers participating
in the on-going World Trade Organisation (WTO) negotiations
have a duty to denounce any agreement, which could threaten
public health or undermine access to generic versions of
essential drugs on the continent.

Making the call in a statement released to the press today,
Treatment Action Movement (TAM), a coalition of Nigerian
civil society actors on access to treatment and care, said
the discussions at the WTO meeting hold great significance
for access to healthcare in many developing countries.

"Access to essential medicines is of paramount concern to
us and we believe the poorest sectors in our society need
to get the lifesaving medicines. This is simply a matter of
life and death. Any attempt to restrict this through the
signing of restrictive agreements will be suicidal", the
movement said in a statement signed on its behalf by Mrs.
Rolake Nwagwu and Ms. Olayide Akanni.

TAM, whose membership comprises of PLWHA support groups,
care providers, media professionals and human rights
activists also called on the Ministers to ensure that an
agreement which upholds the letter and spirit of the Doha
declaration - an agreement that supports the right of
countries to protect public health and promote access to
medicines for all - is reached.

"African countries have the right to determine what
constitutes a public health problem in their own
territories, and which diseases warrant waiving of
intellectual property rights, particularly when the only
available drugs are under patent and tend to be very
expensive", the statement said.

The movement called on African negotiators at the meeting
to devise a truly workable solution that considers the
following important points:
· Reject limits on when a country can utilize the "right to
export: Years ago the WTO upheld the right of a country to
produce generic drugs in order the protect public health.
The "right to export" should also be when public health is
threatened, rather than specifying only in cases "national
emergencies or other circumstances of extreme urgency" or
only for epidemics, etc.
· Reject disease restrictions: It is critical for all
countries that essential medicines and public health is not
redefined to only include HIV/AIDS, TB, malaria and
"tropical diseases." Countries should be allowed to decide
for themselves what is a threat to public health, not
wealthy governments or even the WHO.
· Reject geographic limitations: "We are concerned that
some negotiators are trying to limit the right to export to
only the poorest of the poor when it should be for any
country that lacks the capacity to produce a certain drug"
· Reject exclusion of vaccines or other essential public
health tools: Vaccines, diagnostic, and monitoring tests
are important medical technologies for developing
countries. They should not be excluded from any solution
· Reject burdensome 'safeguards': Low-cost generic
medicines meant for consumption in poor countries should
not be diverted to rich country markets. Any new burden of
monitoring borders and guarding against flow of medicines
from poor to rich country markets should be borne by the
rights holder and by rich countries, not by countries where
the product was intended to be consumed
· Reject unworkable mechanisms: Countries in need of
affordable medicines must be able to use any new mechanism
quickly and easily. A mechanism that will require multiple
compulsory licenses, long delays, and substantial
administrative burden are not acceptable.

TAM specifically called on Nigeria's Commerce Minister, Mr.
Precious Ngalele and that of Health, Professor Alphonsus
Nwosu to ensure that the country's representatives at the
WTO negotiations join other African ministers in ensuring
that African peoples do not lose out at the meeting.

Olayide Akanni
Advocacy Officer
Journalists Against AIDS (JAAIDS) Nigeria
Email: [email protected]