
Kenya Children's AIDS Project
Anthrax, HIV/AIDS and Patent Laws
Mwaganu wa Kaggia, president
"Faced with the terror of Anthrax, US response to this danger to its
population is so telling for those of us fighting against HIV/AIDS in
Africa. The very same Senate that threatened African nations with sanctions
if they dared disregard patent laws on HIV/AIDS drugs, has announced that it
will disregard the Bayer AG patent on the Anthrax drug Cipro.
Canada on its part, has not minced words, it has gone straight and
reproduced Cipro. Patent laws be damned. The Canadian response is what I
would consider a human response to a human in danger one does what is
needed. Human life of is worth more than any patent can ever be worth.
There are at least 8,000 deaths from HIV/AIDS every day in Africa. In Kenya
where I am from, there are 600 deaths from HIV/AIDS everyday. As the death
toll from HIV/AIDS continued in the nineties, and new life saving drugs came
to the market, it was only natural for Africa to look for relief. African
nations started asking the pharmaceutical companies for cheaper prices for
these drugs. Their call or should we say their plea for reduced prices was
met with outright hostility. You could almost hear the voices in boardrooms.
"How dare these Africans think they deserve cheap drugs?"
It was then that some African nations decided to take the bull by the horns.
If there was going to be no help from the pharmaceuticals, these nations
were going to ignore the patent laws and reproduce these lifesaving drugs
for their own people. What they could not have expected was the US corporate
and government response. In 1999 the US Senate threatened sanctions against
South Africa and others who dared to violate patents of American
pharmaceutical companies. By that threat, Africa was denied a chance to save
its men, women and children dying of HIV/AIDS. While America failed us,
African leaders failed us even more by being cowered by intimidation.
Anthrax is potentially very dangerous, but its danger is nothing compared
with the daily deaths from HIV/AIDS is in Africa. With Anthrax, there have
only been four deaths. Compare that to 8,000 women, men and children dying
of HIV/AIDS each and every day in Africa. It is therefore not surprising are
wondering why it is okay to disregard the patent laws in the face of 4
deaths from Anthrax and not in the face of 8,000 deaths from HIV/AIDS each
and everyday.
Why are our lives not worth the commitment to disregard patent laws in the
face of the worst plague in human history?
It is a question that Africa must ask. We deserve to know what an African
life is worth in the human market. Maybe if we knew that African human life
was not that much, we would not expect much from fellow humans."