Fifth Anniversary of Doha Declaration: Has the Declaration Delivered?

none 13 Nov 2006 – 12:25 (modified on 16 Nov 2006 – 13:50)

by mlepeska

"Government leaders, through their inability to fulfil the promises made in the Doha Declaration, have failed millions of people around the world whose lives depend on access to essential medicines," states Marcel van Soest, executive director of the World AIDS Campaign.

The World Trade Organization made a ministerial declaration on the TRIPS Agreement (Trade Related Aspects of Intellectual Property Rights) and public health on 14 November, 2001, in Doha, Qatar. The declaration emphasized that trade rules should support countries' right to protect public health, particularly "access to medicines for all".

The declaration recognized concerns about the effect of the TRIPS Agreement on prices of medicines, but today new medicines continue be priced exorbitantly high. The declaration reaffirmed the right of governments to use the flexibilities of TRIPS, but now some countries are using new bilateral and regional trade agreements specifically to remove these flexibilities. The declaration called for a solution that would allow medicines made under compulsory licences to be exported to countries without manufacturing capacity but despite claims that this has been solved, so far no one has managed to do this.

Campaigners call for more commitment on alternative ways of balancing intellectual property rights and public health.

"This World AIDS Day, civil society is calling on leaders at all levels to be accountable to the promises they have made," says van Soest, "This includes implementing the spirit and intent of the Doha Declaration."

In 2005 the G8 meeting and UN World Summit committed to scaling up HIV prevention, treatment, care and support services, “with the aim of coming as close as possible to the goal of universal access to treatment by 2010 for all those who need it.” This promise was reaffirmed by all member states at the UN High level AIDS Meeting in New York on June 2 this year.

This also means, according to van Soest, that “Access to medicines for all can only be reached by starting to keep the promise of the Doha Declaration on TRIPS and Public Health and the production of generic medicines.”

Principles that have been implemented from the Doha Declaration that have led to reductions in first line ARVs, for example, have benefited countries. However, the access to to generics competition of ARVs and other essential medicines needed by people living with AIDS are under serious threat by additional provisions in bilateral and regional trade agreements, particularly with the US. In addition, newer medicines come from single sources, and without competition, the price of second generation ARVs is prohibitive. Limitations imposed by companies to accessing the lowest price has led to huge discrepancies among developing countries. Middle-income countries are still paying 1.5 times the price paid in low-income countries for first-line ARVs and even up to nine times more, for new ARVs such as LPV/r, according to data published by the World Health Organisation.

Honoring the Doha Declaration includes a moratorium on any new bilateral and regional trade agreements that include provisions involving intellectual property rights and medicines, as well as ensuring that countries will not enforce any provisions in such agreements that are contrary to the 2001 Doha Declaration on TRIPS and Public Health.

But next to that is the need to renew the international debate to replace the TRIPS model for a model that ensures that essential health research and development meets real health needs, rejects rationing as a basis for innovation and divorces pricing from the financing of research and development.

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