TWN Info Service on Free Trade Agreements

24 August 2006


Statement by People Living with HIV/AIDS on the US FTAs and Medicines

Below is a statement issued by a group of people living with HIV/AIDS in conjunction with the 16th International AIDS Conference in Toronto expressing their concern that the US-Malaysia FTA may pave the way to higher prices for medicines.

They said the number of TRIPs plus provisions commonly found in US FTA agreements would mean a death knell to all people living with HIV/AIDS both in Malaysia and elsewhere as these provision threaten their ability to have access to affordable life-saving drugs.


Best wishes,

Third World Network
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email: twnkl@po.jaring.my
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For Immediate Release

Free Trade Agreements are death sentence for people living with HIV/AIDS

Positive Malaysian Treatment Access & Advocacy Group (MTAAG+)
Harapan Komuniti
Positive Living PT Foundation

In 2003, the Malaysian Government issued a government use licence to import some generic ARVs from India for use by the Ministry of Health. As a result, the monthly cost of treatment by government hospitals and clinics fell by 81% from US$315 to US$58, increasing the number of people that can be treated by the Ministry of Health from 1500 people to 4000 people.

But this is still very much below the more than 10,000 AIDS cases that need urgent treatment. The import licence has also come to an end.

Malaysia is currently negotiating a bilateral free trade agreement with the US. The second round of negotiations has concluded. Looking at what has been negotiated in previous US FTAs, there are a number of common TRIPS plus provisions which are very alarming and most likely the US will demand that Malaysia also agree to similar provisions.

These provisions go against the Doha Declaration on TRIPS and Public Health and as a result cuts down access to affordable medicines. Especially problematic is the provision that grants companies generating test data (which is submitted to the government authorities) exclusive rights over that data, for a certain period of time (commonly know as "data exclusivity" provisions). This prevents the use of generic medicines (as it cannot be registered on the basis of the registration of the first product) during that period, even if the product is not patented.

If Malaysia adopts this obligation, it will prevent Malaysia from issuing licenses to import much needed affordable generic ARVs as it was able to do in 2003.

For PLWHAs in Malaysia and elsewhere, provisions such as these are a death sentence. PLHWA need life long treatment and access to affordable treatment is a crucial aspect.

Early this year two groups of PLHWA wrote an Open Letter to the Malaysian Prime Minister Datuk Seri Abdullah Ahmad Badawi appealing to the PM to safeguard the human right to affordable medicines and treatment.

We the Positive Malaysian Treatment Access & Advocacy Group (MTAAG+), a group of People Living with HIV/AIDS doing treatment literacy, treatment advocacy and networking, on the occasion of the 16th International AIDS Conference would like to strongly reiterate our appeal and to call upon the Malaysian government not
to succumb to the pressures of the US.

We also call on the US government to rethink and change its policy of pressuring governments to adopt standards that goes beyond the TRIPS Agreement and that weakens the ability of countries such as Malaysia to take all steps necessary to protect public health.

For further information please contact:
Call Khalil Elouardighi +1 514 261 8518
or email Marh Mansor at pakaiotak2003@yahoo.com.sg or Sangeeta Shashikant at ssangeeta@myjaring.net