Zimbabwe CSOs TRIPS and Access to medicines Aulline Mabika-Chapisa

Objective of presentation The objective of my presentation is to explore what civil society organisations in Zimbabwe can do to influence the IP and trade policy and operational landscape in order to promote access to medicines.

Shared policy values and objectives? Economic growth…capital Efficient allocation of resources Eliminate barriers to free trade Control risks to health Universal access to health services Improved population health Equitable allocation of resources Public Heath policy objectives Sustainable economic and human development International specialization Trade policy objectives

Human Rights Approach to Lobbying Advocacy The TRIPS Agreement 'can and should be interpreted and implemented in a manner supportive of WTO members' right to protect public health and, in particular, to promote access to medicines for all,' Doha Declaration, 2001 New Constitution presents an opportunity for advocacy- Section 76 the provides right to health care

Human Rights Approach cont Human rights principles and mechanisms require that IPR rules do not stifle access to essential goods for the welfare of society. In addition, human rights law calls for measures that respect, protect and fulfil the right to health and provide for the right to the enjoyment of the benefits of scientific progress and its applications

IP Law Reform The reform of intellectual property has to strike a balance between protecting and respecting the rights of holders of patents, and public interest concerns particularly those on access to essential drugs for a country like Zimbabwe which carries a heavy burden of HIV/AIDS and other chronic diseases.

CSO power The role played by the Treatment Action Campaign in South Africa in 2000 is instructive The LDC groups’ request for extension of transition period was discussed in the WTO council meeting had garnered support from more than 300 civil society organizations.

Creating Synergies Journalists have a moral obligation to promote human rights all the time and in every story because media are “watchdogs” whose role is to bark loudly to warn people about threats to their freedom, to their security, to their livelihoods and to their culture.” Internews media can raise public awareness, activate values, and generate outside pressure from the public and international community against bad policies and practices Rest of civil Society- its an issue for women’s organizations, good governance NGOs etc

Providing Information through research Developing states should realise that macroeconomic trade policies, particularly unfair trade terms imposed on them by the WTO, have substantially increased poverty and inequality between and within countries. Government delegates must be armed with relevant information when they go to trade negotiations

Policy pressures, struggles reversals… TRIPS: Doha victory clarified existing rights Countries produced generics despite WTO Market pressures: India passes patenting law TRIPS flexibilities championed globally Regional trade agreements (EPAS)include TRIPS plus Anti-counterfeit laws And so on….

Conclusion Zahrnt’s (2008) concludes that non- economic interests lobbied by influential civil society organizations exert greater influence on the negotiating positions of member states than pure trade/ economic interests of the nations.