Statement made on behalf of Consumers International

(formerly International Organisation of Consumers' Unions)

at the WHO Executive Board Meeting, 105^th Session

by Bas van der Heide

regarding Agenda item 3.3 HIV/AIDS

Mr Chairman, distinguished members of the Executive Board,

I am speaking on behalf of Consumers International (CI), Health Action International (HAI) and the International Baby Food Action Network (IBFAN).

Developing countries are facing a crisis involving access to essential medicines. Some essential drugs are unavailable because they are under patent and priced beyond the reach of developing countries. The market fails to provide the solution. Research and development (R&D) on medicines for tropical diseases have come to a near standstill. Patents are an incentive for R&D, but a balance between protecting intellectual property rights and gaining access to essential medicines must be found.

The Director-General's report HIV/AIDS: confronting the epidemic (EB105/12) refers to member states' need for advice from WHO on options allowed within the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) to increase their access to HIV/AIDS-related drugs. HAI welcomes the fact that countries can now be advised by WHO about the relationship between international agreements and such subjects as drug prices, local production, and licensing agreements. Operative paragraph 2(7) is a crucial part of the draft resolution consistent with the relevant sections of the Revised Drug Strategy resolution WHA52.19.

It is unfortunate that the Report by the Director-General on the Revised Drug Strategy (EB105/36, p.4-5) leaves crucial questions unanswered on the next steps involving the important trade and health issue. At the moment there are ongoing country disputes in countries like Thailand, the Dominican Republic and the Philippines involving compulsory licensing of essential medicines, generic prescribing and many other issues. WHO has an important role to play in these discussions and could assist the involved countries and others by developing papers outlining policy options and providing technical advice.

We are concerned however that WHO has not yet taken up a very pro-active and visible role in public debates on these issues. During the World Trade Organization (WTO) Third Ministerial Conference in Seattle, for example, TRIPS and access to essential drugs was an important issue for many delegations, but WHO was reactive and, at times, unresponsive.

We are pleased that Dr Brundtland has offered to WTO to organise a joint working group on access to medicines and to include major stakeholders in its work. We foresee such a working group considering the impact of trade policies on people in developing and least developed countries, providing a public health framework for the interpretation of key features of WTO agreements. It would also evaluate and propose changes in the WTO rules that would increase access to essential medicines. WHO could play an active role in being the international public health organisation outlining the agenda for this working group and providing technical advice.

Today there is very little research and development (R&D) on diseases that primarily affect the people living in poor countries. WHO member states should direct WHO to set a clear research agenda and increase public spending to realise these goals. Moreover, these R&D efforts should be designed with access in mind, and address issues such as reasonable pricing and intellectual property rights before huge sums of money are put into new public/private sector partnerships.

Finally, a few words about infant feeding. We are pleased that WHO is now taking the lead in conducting further research on the issue of exclusive breastfeeding and its role in reducing mother-to-child transmission of HIV. We urge WHO to do everything it can to encourage member states to implement the International Code and the relevant Resolutions in order to protect all infants and carers --whatever their infant feeding decisions-- from commercial promotion.

Mr Chairman, members of the EB, we thank you for your time.