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From Wemos English website (archive) Dutch support to South Africa in pharmaceuticals court case
In addition, Wemos and NIZA have urged the Dutch Minister for Development Cooperation Mrs. Herfkens to undertake action to mobilise other European governments for expressing support to South Africa. Mrs. Herfkens has declared to be in favour of such European support. She confirmed that South Africa's revised Medicine Act is legal and in confirmity with the TRIPS agreement. The Netherlands Prime Minister Wim Kok - who visits South Africa from 26 to 28 February 2001 - has also paid attention to access to health care in his speech to the South African parliament. Parliamentary questions have been asked in The Netherlands and in the EP, that support and refer to the points of view of the Dutch NGOs. ============================================= Open Letter to Mr Pascal Lamy
As you know on March 5 the court case of the South African Pharmaceutical Manufacturers Association against the President of the Republic of South Africa will start before the High Court in Pretoria. This three-year lawsuit is a protracted effort to derail the implementation of the South African Medicines Act of 1997. The Medicines Act aims to improve access to affordable medicines for the whole South African population. Especially the 4.3 million South Africans living with HIV/AIDS who cannot afford medical treatment at current, patented prices, will benefit from the implementation of this Act. The signatories of this letter consider the affordability of medicines as one of the most important conditions of success of integrated health policies. This Court case requires European attention, since it does not only affect the situation in South Africa but it is also expected to set a precedent for similar cases in other developing countries that are currently revising their national laws in accordance with the WTO agreement on Intellectual Property Rights (TRIPS). In 1998 the action of the pharmaceutical industry against South Africa was supported by the US Government and by the European Commission. On March 23, 1998 Sir Leon Brittan, Vice President of the European Commission, wrote to the South African Vice President Thabo Mbeki describing his concern with the Medicine Act, saying the Act "would negatively affect the interests of the European pharmaceutical industry." The letter of Sir Leon Brittan neglects health interests of the South African population and conflicts with the special arrangements in the TRIPS Agreement regarding parallel import and compulsory licensing. It is also contrary to common practice within Europe itself regarding parallel import of pharmaceuticals. The undersigned Dutch development organisations ask you urgently to officially withdraw the letter of the Commission of 23 March 1998 and inform President Mbeki of South Africa about this decision. We also ask you to explicitly and formally express in the letter to President Mbeki the Commission's support for South Africa’s right to use TRIPS-legal measures to address public health concerns. We hope the Commission will decide on this step before the court case opens on March 5.
Drs. Th. H. van Koolwijk, Directeur a.i. Wemos P.A.M.Hermes, Directeur NiZA Also on behalf of: please click here for list of co-signing organisations. ==============================================
Mr. Thabo Mbeki Union Buildings Private Bag X1000 Pretoria 0001 Fax: +27 12 3238246 or +27 21 4642217 Dear President Mbeki, This letter refers to the court case of the South African Pharmaceutical Manufacturers Association against the President of the Republic of South Africa which will start on March 5 before the High Court in Pretoria. We consider this three-year lawsuit as a protracted effort to derail the implementation of the South African Medicines Act, which has a deadly impact on South African people and citizens of poor countries around the world. In 1998 this action of the pharmaceutical industry against South Africa was supported by the US Government and by the European Commission. On March 23, 1998 Sir Leon Brittan, Vice President of the European Commission, wrote to you describing his concern with the Medicine Act, saying the Act "would negatively affect the interests of the European pharmaceutical industry." This letter was written although parallel imports of pharmaceuticals and compulsory licensing are common practice within the European Union. The undersigned Dutch development organisations asked Mr Pascal Lamy of the European Commission urgently to officially withdraw the letter of the Commission of 23 March 1998 and inform you about this decision in writing. We also asked Mr. Lamy in his letter to you to explicitly express the EU’s support for South Africa’s right to use TRIPS-legal measures to address public health concerns. With our letter to Mr Lamy we support the demand of Mr. Rostrup, the President of Médecins Sans Frontières International Council, put forward in his letter of February 12, 2001. We sincerely hope that the Court Case will end successfully for South Africa and that cheap medicine will soon become available for the African people.
List of co-signing organisations Drs. Th. H. van Koolwijk, Directeur a.i. Wemos P.A.M.Hermes, Directeur NiZA List of organisations that co-signed the open letters to President Mbeki and commissioner Lamy: African Foundation for Aids Prevention and Counselling (AFAPAC) K.A. Adanse-Pipim, director Aids Fonds - Netherlands D. Peter van Rooijen, M.A., director Comité Zorg voor iedereen (Care for All), R. Helmer-Englebert, I. Palm, coordinators CordAid, Roman Catholic Organisation for Relief and Development, H. Kruijssen, general director COS Friesland (regional centre for development education), H. Prins Dutch HIV Association, M. Verbrugge, chair Evert Vermeer Foundation, S. Dikkers, director Global Ministries of the Uniting Churches of the Netherlands G. Boer, Head of the Foreign Affairs Department Hivos, J. Dijkstra, director ICCO, Interchurch Organisation for Development Cooperation J.H. van Ham, general director International Dispensary Association (IDA), R. Wehrens Inzet, Association for North South Campaigns, H. Taselaar, director Medical Coordination Secretariat, P.F.C. van der Hoeven, director Médecins Sans Frontières Holland, A. Davis, director Municipal Twinning Tilburg, Lekoa Vaal, E. van den Boom, chair National Confederation of Christian Trade Unions (CNV), D. Terpstra , president Netherlands Society for Tropical Medicines (NVTG), C.D. van der Does, director Novib, S. Borren, director South-North Federation (ZNF), E. Oostrijk, coordinator VSO – Netherlands, G.M. Eekhout, director Health Action International-Europe (HAI-Europe),
M. Ewen, coordinator |