-Caveat Lector-

 3/15/01

Why does South Africa's leaders care more about the World Trade
Organization's corporate protectionism, than about its four
million citizens dying of aids?

It's a rhetorical question really.

Joshua2
=================================================================


 South African president urged to declare state of emergency due
 to AIDS epidemic

By SUSANNA LOOF, Associated Press

JOHANNESBURG, South Africa (March 13, 2001 1:38 p.m. EST)
Opposition leaders want President Thabo
Mbeki to invoke a state of emergency to give South Africans
with HIV access to cheaper generic drugs.

That won't happen, the country's health minister, Manto
Tshabalala-Msimang, said Tuesday. Invoking a state of
emergency won't solve the dilemma, she said.

"The issue of affordable medicines cannot be reduced to a
one-dimensional debate on declaring a national
emergency to secure anti-retroviral drugs for AIDS
management," she said.

The intensity of the debate over declaring a state of
emergency has shown how divided South Africa - with 10
percent of its 45 million citizens infected with HIV -
remains on the AIDS issue. By 2010, the average life
expectancy rate in South Africa is expected to drop
to 36 because of the epidemic.

A South African law allows the import of cheap, generic
medications in the case of a national emergency. But it
has never been put into force because of a lawsuit
filed by many of the world's leading pharmaceutical
companies. That court challenge has been postponed
to April 18.

Tony Leon, leader of the opposition Democratic Alliance,
said he planned to ask during a parliamentary
session Wednesday President Mbeki to declare a
state of emergency.

The act, which would give the president wide-ranging
powers to create new regulations, is not perfect for the
AIDS crisis, his spokesman, Anthony Hazell, acknowledged
Tuesday. Instead of battling the pharmaceutical
firms in court, South Africa should look into narrowing
the law to suit the drug firms better, he said.

"It's not ideal, because it's too broad, but
all we have at the moment," he said.

But at the very least, calling for action would widen
debate over how South Africans can gain access to cheaper
AIDS drugs, he said.

Declaring the epidemic a national emergency could
prove counterproductive because it would infringe on South
Africans' rights and surround AIDS policy with
legal requirements, said Zachie Achmat, chairman
of the Treatment Action Campaign, which has joined
the government in the lawsuit.

Achmat dismissed the opposition group's move as a
political ploy. "The Democratic Alliance is playing games.
It is not serious about HIV and AIDS."

Achmat's group is calling for the government to draft
a comprehensive treatment plan. "We want the
government to handle this as an emergency without
necessarily declaring it," he said.

South Africa's biggest trade federation, the Congress
of South African Trade Unions, on Monday repeated its
appeal for Mbeki to declare the epidemic a national
disaster. The group, an ally of the ruling African
National Congress, first called on the government to

declare the epidemic an emergency in August 1999.

The trade federation accused the Democratic Alliance
of "political opportunism," but spokesman Sipiwe
Mgcina said Tuesday, "We welcome all the people who
are joining the bandwagon."

========================

 South Africa's Mbeki says state of emergency not needed

By MIKE COHEN, Associated Press

CAPE TOWN, South Africa (March 14, 2001 4:20 p.m. EST) -
President Thabo Mbeki, rejecting calls
Wednesday to declare a state of emergency allowing
South Africa to import cheaper generic drugs, said it was
not necessary to deal with its AIDS crisis.

Most of the 4.5 million South Africans estimated to be
 HIV-positive cannot afford the drugs that could prolong
their lives.

Declaring a state of emergency would allow South Africa to
produce the generic, cheaper drugs without
breaking World Trade Organization rules on bypassing patent
laws.

But Mbeki told parliament a state of emergency is not
needed because South Africa has its own law permitting
both importation and production of generic drugs.

"We see no reason why we should not rely on the more
comprehensive legislation approved by this
Parliament," Mbeki said.

That 1997 law, however, has been stalled by a lawsuit brought
by major drug companies, arguing the act gives
South Africa arbitrary, unfettered power to control the
import and price of medicines.

Mbeki said the government would have to await the court's
decision. The case, which came to trial on March 5,
has been postponed to April 18, and no outcome is
expected for several months.

The Democratic Alliance, the country's largest opposition
party and the Congress of South African Trade
Unions, urged Mbeki to invoke the state of emergency.

Mbeki said states of emergency could only be declared to
restore peace and order when the life of the nation
was threatened.

"Last year an estimated 250,000 South Africans died of
AIDS," Tony Leon, leader of the Democratic Alliance,
said. "It is estimated that more than 4 million South
Africans are sick or dying of AIDS at the moment and if that
isn't an emergency, it is difficult to know what is."

Because South Africans know how serious the AIDS crisis is,
the government did not need to declare an
emergency to underscore that point, Mbeki said.

Mbeki said no government had used the World Trade
Organization rules allowing patent laws to be bypassed in
cases of emergency.

The pharmaceutical giant Merck and Co. has said it
would sell two key AIDS medications to poor countries at
about one-tenth their U.S. price.

Also Cipla, an Indian-based generic drug manufacturer,
has applied to the South African government for a
compulsory license, essentially permission to sell cheap
versions of patented AIDS drugs in the country.

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