MEDICINE ACCESS IN SOUTH AFRICA

Updated 4/24/01

• 05 MARCH 2001 (New York City) 200 protestors rallied and marched against drug company greed under the slogan "STOP MEDICAL APARTHEID OF AIDS: FROM BOTSWANA TO THE BRONX." The group held court in front of GlaxoSmithKline (GKS) and Bristol Myers Squibb (BMS) and found the companies guilty of murder by blocking affordable AIDS drugs to people with AIDS. Activists referred to GSK and "GlobalSerialKillers" and BMS as "Big Murder Syndicate" in chants demanding the companies drop the lawsuit against the South African government. ACT UP New York Press Release

• 05 MARCH 2001 (Cape Town) TAC releases statement on why it chose to be part of the lawsuit where drug compaies are challening the South African government and the Medicines Act. TAC outlines its efforts over the past 2 years advocating for affordable access to treatment in South Africa. TAC Statement

• 05 MARCH 2001 (Philadelphia) Protestors gathered at GlaxoSmithKline's US headquarters demanding an end to the lawsuit. ACT UP Philadelphia Press Release

• 05 MARCH 2001 (Berkeley) Over 200 protestors staged a demonstration at Bayer's offices in support of South African in its legal battle against Bayer and 41 other pharmaceutical giants over access to AIDS drugs. 39 people were arrested for refusing to leave BAyer property.s

• 05 MARCH 2001 (Manila) The Progressive Organization of Gays in the Philippines (Progay), picketed yesterday the Department of Health (DOH) in Manila to protest alleged abuses by multinational drug companies that cause needless deaths and suffering among people with AIDS.

• 01 MARCH 2001 Activists, advocates, and labor federations demand the pharmaceutical industry drop the lawsuit against Nelson Mandela and the South African government over the Medicines Act. The groups condemn industry for obstructing access to AIDS and essential medicines in South Africa and demand AIDS treatments worldwide. TAC and COSATU joint Press Release | ACT UP Philadelphia Press release | MSF Press Release | Speech by Zwelinzima Vavi of COSATU at the March 5 protest in Pretoria

• 01 MARCH 2001 (Washington DC) The Health GAP Coalition demands President Bush publicly repudiate the lawsuit against South Africa's Medicines Act and state support for South Africa's right to use legal measure to ensure access to affordable medication. Letter to George W. Bush

• 21 FEBRUARY 2001 (New York City) AIDS activists take over GlaxoSmithKline investor relations office to expose company-wide policy of blocking generic AIDS drug access. Read ACT UP press release | Download Glaxo Fact Sheet

ABOUT THE CALL TO ACTION:

The March 5 Global Day of Solidarity was initiated by South Africa's Treatment Action Campaign (TAC), a grassroots advocacy organization which has been struggling to make anti-AIDS drugs available to South Africa's estimated 4.2 million people living with HIV.

TAC calls on people in every country to mobilise against drug company profiteering on Monday 5 March 2001. On this day, the action by more than 40 multinational drug companies against the South African government will be heard in the Pretoria High Court. Millions of people will die from HIV/AIDS and other illnesses, if the drug companies succeed in their action. A victory for the drug companies in this case will set back the struggle for access to essential medicines in all countries. TAC will mobilise actions against drug companies throughout the week 5—12 March 2001.

MOBLISE LOCAL AND GLOBAL ACTION AGAINST DRUG COMPANIES

The drug companies, Glaxo SmithKline, Bristol-Meyer Squibb, Boehringer Ingelheim, Merck, Abbott and many others will try to stop the South African government's attempt to make medicines affordable to all its people. The law passed by the country's first democratic Parliament under the leadership of former President Mandela is now under attack. TAC calls on all people to oppose the drug companies and to support the legislation.

Full Text of TAC's Call to Action

CALENDAR OF ACTIONS

AUSTRALIA
Sydney: 3 March: Global Treatments Access Network (Aust) group in the Gay and Lesbian Mardi Gras Parade on night of 3 March. -- Contact roblake@netspace.net.au. 17 Feb to 5 March: Gathering signatures for open letter to Glaxo SmithKline.

BRAZIL
Brazilian activists will use the international day of action to launch a campaign to make Brazilians aware of the PMA court case against the South African government and the US complaint against Brazil at the WTO. -- Contact Ezio Santos-Filho etfilho@attglobal.net.

CANADA
Vancouver: 12:00, Protest outside the World Trade Centre at Canada Place, right beside the Pan Pacific Hotel, Waterfront SkyTrain. Protest against the USA government using the WTO to protect pharmaceutical company profits and the PMA lawsuit against South Africa. -- Contact paulab@parc.org or phone 893-2239.

Toronto: The Canadian Treatment Advocates Council (CTAC) and AIDS ACTION NOW! (AAN!) will be holding a press conference and demonstration on March 5, 2001. Press conference will be at 11:15 AM at the Marriott Courtyard Hotel -Yonge Street and the demonstration will be held at 12:15 PM at the US Consulate 360 University Avenue.

FRANCE
Paris: ACT-UP Paris is organising an action in the financial district. -- Contact Khalil at gerrold@wanadoo.fr.

ITALY
Rome: 1 March, 2001: Activists are organising a postcard campaign against TRIPS. The postcards will be delivered to the Italian Prime Minister. Contact Mauro Guarinieri m.guarinieri@agora.stm.it or Italian Community Advisory Board (i.cab@libero.it) or phone +39 051 26 16 76 or mobile +39 347 96 31 837.

SOUTH AFRICA
Cape Town: 12:00, US Consulate -- Contact TAC Cape Town office : (021) 364 5489
Durban: 12:00, US Consulate -- Contact Durban TAC office : (031) 304 3673
Pretoria: 10:00, Church Square, in front of High Court where PMA vs Govt. hearing is taking place -- Contact TAC JHB (011) 403 7021

UNITED STATES
Berkeley, California :  12:00, Bayer plant front gates, 7th and Parker Streets, picket, rally and voluntary non-violent  civil disobedience  under the slogan "Stop Medical Aparthied".  Speakers include Berkeley Vice Mayor Maudelle Shirek, Berkeley Councillor Kriss Worthington, San Francisco Supervisor Matt Gonzales, Bongane Nyatai from South Africa, California Nurses Association, Father Bill O'Donnell, Rev. Mark Wilson, and Act Up/East Bay. Info:  (510)568-1680.   johnnyi@surfree.com
Philadelphia : (Time unknown) Starts at Glaxo Headquarters in Philadelphia and then moves by bus to Washington to demonstrate outside White House and PhRMA (DC targets are tentative). Contact katie@critpath.org.
New York City : 12:00 PM, 59th Street and 5th Avenue in midtown Manhattan. Rally and march to GlaxoSmithKline and Bristol Myers Squibb offices.  Take the N/R to 60th street ; or B/Q to 57th and 6th Ave. Contact Cindra Feuer at cindraf66@yahoo.com or Sharonann Lynch at salynch@globaltreatmentaccess.org.
Boston: 2:00, State House. Rally calling on Massachusetts state and federal representatives to take a stand on the issue of affordable AIDS drugs for Africa, on pharmaceutical companies to drop their lawsuit against affordable medications in South Africa; on the U.S. government to drop WTO complaint against Brazil. Contact bgan-aids@yahoogroups.com or Amy Farber afarber@wjh.harvard.edu.

ABOUT THE MEDICINES ACT OF 1997:

A STEP TOWARDS ENDING APARTHEID IN HEALTH CARE
The Medicines and Related Substances Control Amendment Act 90 of 1997
How does the South African government intend making medicines more affordable?

The Medicines Act introduces four important elements to contain health care costs to government and the private sector.

• Generic substitution of medines that are no longer under patent is an important part of the law. This means that a pharmacist must offer a patient the generic version of a brand name medicine. A generic medicine is a drug with the same quality active ingredient that a brand name drug.
• Another element of the Medicines Act is the introduction of a pricing committee that will set up transparent pricing mechanisms. Pharmaceutical companies will have to justify the prices they charge.
• The third part of this law is the parallel importation provision - known as section 15C of the Medicines Act. This measure allows the government to import the same medicine sold by the same company or its licensee at a lower price in another country.
• The Medicines Act also allows international tendering for medicines used in the public sector.

On 18 February 1998, the Pharmaceutical Manufacturers Association (PMA) and forty multinational drug companies tried to stop the Medicines Act by going to Court against the South African government. After nearly three years of delays and counter-delays, the case will be heard in the Pretoria High Court from 5th - 12th March 2001. In this period of delay, more than 400 000 people have died of AIDS-related illnesses. Many people have died because they cannot afford expensive medicines.

But why are the drug companies taking the government to court? Across the world, drug companies made sales of more than $315 billion in 2000. This is more than the gross domestic product of all the 12 countries in the Southern African Development Community (SADC). Fortune Magazine has shown that the drug companies make super-profits. The drug companies complain that the government is trying to expropriate its property and that it is giving the Minister of Health too much power. In fact, they fear competition and being exposed as organisations that profiteer from medicines.

Conclusion

The Medicines Act deserves the support of all people in South Africa and internationally. It is an attempt to improve health care by lowering the price of essential medicines. In a country with over four million people living with HIV, this is especially important. If the Pharmaceutical Manufacturers Association succeed with their legal action, it will be an enormous blow, and could delay by many years the possibility of affordable medicines and quality health care for poor people in South Africa and throughout the developing world.

TAC's Fact Sheet on the Lawsuit

Send additional information for this page to info@healthgap.org.

Back to Top