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Gore Worked to Soften South Africa Health Law


Reuters
16-APR-99

WASHINGTON, April 16 (Reuters) - Vice President Al Gore, who has called for
urgent measures to slow the AIDS epidemic in Africa, has at the same time
quietly worked to soften a law that consumer groups say could help AIDS
victims there, according to a government report provided to Reuters.

As head of the U.S.-South Africa Binational Commission, Gore pressed South
Africa to refrain from using some of its obscure trade powers designed to give
its people better access to cheaper medicines, the State Department report
said.

U.S. officials and drug makers argue the law giving South Africa the trade
powers violates patent rights.

"U.S. government agencies have been engaged in a full court press with South
African officials ... to convince the South African government to withdraw or
amend the offending provisions" from the law, the report said.

The report was sent to Congress in February just ahead of Gore's latest trip
to South Africa. The document has outraged consumer activists and AIDS groups,
who say Gore is putting the interests of drug companies above the welfare of
AIDS victims.

"Gore is representing the profit-glutted pharmaceutical industry, using the
facilities of the U.S. government, to browbeat the South African Ministry of
Health," consumer advocate Ralph Nader said.

A Gore spokesman, however, said the vice president was working to help AIDS
patients by making sure drug companies maintain profit levels to develop new
AIDS medications.

Gore and South African Deputy President Thabo Mbeki "are committed to working
together to chart a course that will meet the medical needs of those infected
with HIV or AIDS, without cutting off the commercial incentives that fuel
medical research in the first place," the spokesman said.

At issue is a section of the South African Medicines and Related Substances
Act, a complicated law that aims to expand access to medicines in a country
where 3 million of the 43 million citizens have HIV or AIDS.

Drug makers say this particular law goes too far in giving officials broad
authority to ignore patents needed to protect their research.

During a meeting in Washington last August, Gore made protection of
pharmaceutical patents a central focus in talks with Mbeki, the State
Department report said.

The leaders agreed the United States would restore trade benefits suspended
last year over this issue to South Africa if the countries made progress on
patent issues, the report said.

Standing next to Mbeki at a February news conference in Cape Town, Gore, the
favourite for the Democratic presidential nomination in 2000, called AIDS "a
crisis for South Africa" and said the problem "must be faced with a new level
of urgency."

AIDS activists, however, criticised Gore for publicly promising to fight AIDS
while working behind the scenes against South Africa's medicines law.

"It really is hypocritical for the administration to pretend to be concerned
about AIDS when they're taking actions ... that are denying people access to
very essential medicines," said Eric Sawyer, executive director of the
HIV/AIDS Human Rights Project.

South Africa has not used the disputed portions of its Medicines and Related
Substances Act, now tied up in court over a constitutional challenge.

But health and consumer groups have urged South Africa to use the law's power
to bring cheaper AIDS drugs to the country's poor.

The groups are pushing for compulsory licenses, giving a local company the
right to produce generic copies of drugs or import U.S. products through third
parties at a lower price.

Gore, however, was more worried about competing for campaign dollars from drug
companies than in helping AIDS patients, Nader charged.

Drug makers say they are unfairly being singled out as the bad guys in the
debate. They say other factors besides price contribute to access problems,
and they are working on ways to bring AIDS drugs to the most needy.

"There are ways to make drugs available to the poor in a country like South
Africa," said Tom Bombelles of the Pharmaceutical Research and Manufacturers
of America, a trade association. "We need to look for economic answers to
economic questions... and not say the answer to this economic question is
we'll just steal (patents)."


Copyright 1999 Reuters Limited.All rights reserved.

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Robert F. Tatman
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