The author analyses that Trump’s victory in the US elections is partly because the world is changing. He writes that the world is witnessing a civilisational shift – the slow, painful death of the Western Empire. Even in rich America millions of people go hungry and without shelter. He argues thus that Africa will in this current era use its own resources and ingenuity to prosper. He notes that if Trump rejects the TTIP (Transatlantic Trade and Investment Partnership) and the TPP (Trans Pacific Partnership) then he can count on his support. Tandon welcomes the idea that he might scrap AGOA (which he sees as divisive of Africa) and Obama's "Power Africa" $7 billion initiative. These “initiatives” he argues are to help corporate America, not Africa. He also notes that if Trump talks with Russia, China, Iran and Syria, then he could help forces of peace and reconciliation that the world badly needs. He notes that Trump does not have Africa on his map and has criticised the notion of "exporting democracy", which Tandon also welcomes.
Health equity in economic and trade policies
Jeffrey Sachs, special adviser to U.N. Secretary General Kofi Annan on anti-poverty targets, said Africa's heavy debt burden was untenable and urged the continent not to pay its debts if rich countries refused to cancel them. The U.S. economist, director of the Earth Institute at Columbia University, spoke at a conference in Addis Ababa, Ethiopia, on hunger on the eve of a summit of the heads of state of the African Union, which estimates sub-Saharan Africa's foreign debt at $201 billion.
As the recently initialled interim Economic Partnership Agreement (EPA) continues to take centre stage, Civil Society Organisations (CSOs) in Africa have vowed to step up their stop-EPA campaign saying the pact has contentious issues. CSO's converging in Kampala for a three-day eastern and southern Africa regional forum reported concern about some clauses in the agreement, which they contend are not developmental and should be rolled back. They cited clauses which call for free trade opening, non application of export taxes and the provision that once you sign an agreement it can't be open for negotiations.
Uganda is considering an anti-counterfeit bill which analysts say will impair the country’s ability to import and export cheap but effective generic medicines. Activists fear that the bill, once enacted, will deny Ugandans access to safe, effective, quality and affordable generic medication, which currently forms the bulk of Uganda’s medicine imports. Edgar Tabaro, a Ugandan lawyer specialising in trade-related matters, questions the necessity of the bill, saying that whatever it ostensibly seeks to address is covered by different laws like the Trademarks Act, Copyright Act, the Patents Act and the Trade Secrets Act. Rosette Mutambi, executive director of the Coalition for Health Promotion and Social Development (HEPS-Uganda), regards the bill as a threat to the lives of many Ugandans who largely depend on generic anti-retroviral drugs and other medicine. She said only about 10% of the medicines used in Uganda are locally manufactured. And only about 5 to 7% of the imported medicines are original brands, meaning that about 93% of imported drugs are generics, mostly imported from India.
Uganda’s 2009 Industrial Property Bill needs to be reviewed before it is enacted into law, according to this brief by the Centre for Health Human Rights and Development (CEHURD). The review is needed to make full and maximum use of the flexibilities available in the TRIPS Agreement in order to guarantee public health, particularly access to essential medicines, for all Ugandans. CEHURD argues that, since Uganda is classified as a less-developed country, it is free to exploit all the flexibilities the TRIPS Agreement offers, and is required to adopt only the minimum levels of intellectual property rights (IPR) protection. The current bill contains unnecessary IPR protection over and above the minimum required by the TRIPS Agreement, and does not fully utilise flexibilities, CEHURD argues. A revised Industrial Property Act should promote Uganda’s public health interests by aiming to: develop the capacity at national level for production of generic medicines; allow the widest possible scope for parallel importation; adopt a simple and expeditious procedure for compulsory licensing and government use order; and allow extensive flexibility for scientific research and regulatory approval exceptions.
The recent successful renewal of the mandate of the World Intellectual Property Organization Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (IGC) has inspired attempts to push discussion on biodiversity out of other fora. The World Trade Organization TRIPS discussions and the November 2009 meeting of the UN Convention on Biological Diversity specifically dedicated to traditional knowledge heard proposal that all legal issues related to traditional knowledge should be dealt with by the World Intellectual Property Organization.
The United Nations Special Rapporteur in the field of right to culture recommended a new intellectual property regime for pharmaceutical products stressing that there is no human right to patent protection. This recommendation was made in the report to the 70th Session of the UN General Assembly. The Special Rapporteur recommended that “the United Nations should convene a neutral, high-level body to review and assess proposals and recommend a new intellectual property regime for pharmaceutical products that is consistent with international human rights law and public health requirements, and simultaneously safeguards the justifiable”. This is drawn from the recommendation of the Global Commission on HIV and the Law appointed by the UN Development Programme (UNDP). The report also recommends that states have a positive obligation to provide for a robust and flexible system of patent exclusions, exceptions and flexibilities based on domestic circumstances, including through the establishment of compulsory and government use licences when needed. The report further argues that states have a human rights obligation not to support, adopt or accept intellectual property rules, such as TRIPS-Plus provisions, that would impede them from using exclusions, exceptions and flexibilities and thus from reconciling patent protection with human rights. International agreements that do not provide sufficient flexibility should be renounced or modified. The report highlights Article 27 of the Universal Declaration of Human Rights and Article 15 of the International Covenant on Economic, Social and Cultural Rights which ensure that measure be put in place to ensure affordability of and access to technologies essential to life and realisation of all human rights.
Sphiwe Mazibuko's 9 minute documentary exposes the intimidation and violence facing anti-mining activists on the Wild Coast and Zululand, in South Africa. Xolobeni residents have fought for 10 years to prevent an Australian company from mining their titanium rich dunes. The film documents how an unwavering response of the Pondo people to protect their traditional Wild Coast lands, where they have lived for over 1500 years, has been met by increasing intimidation and violence with activist lives threatened and attacked.
In this brief, the Centre for Health Human Rights and Development (CEHURD) outlines the current legislative environment affecting intellectual property (IP) rights in Uganda. The brief also considers the implications of the Industrial Properties Bill on the right to access essential medicines, a proposed piece of legislation that CEHURD argues will undermine efforts to manufacture generics in Uganda. It unnecessarily requires Government to consult the patent owner before producing generics for the public sector. It further requires applicants for a “compulsory license” to go through the lengthy court processes, yet procedures for granting such a licence should be simple and expeditious. Due to a lack of sufficient knowledge at the population level as well as Uganda’s weak negotiating position vis-à-vis other countries and negotiating blocs, CEHURD argues that the current laws and draft laws are not taking advantage of the TRIPS flexibilities, which would allow Uganda to fast track the supply essential medicines to the public sector.
Policymaking initiatives in agriculture and public health are often pursued in a parallel and unconnected fashion. Yet coherent, joint action in agriculture and health could have large potential benefits and substantially reduce risks for the poor. Among development professionals there is growing recognition that agriculture influences health, and health influences agriculture, and that both in turn have profound implications for poverty reduction. This recognition suggests that opportunities exist for agriculture to contribute to better health, and for health to contribute to agricultural productivity. The policy briefs presented here draw on a wide body of research conducted within and outside the CGIAR. They provide a historical context to the links between agriculture and health, deal with specific health conditions and agricultural systems, and examine the challenges to linking agriculture and health in policy.