HomeCurrent AffairsA Brightly Colored Poster - May Signify False Hope-Editorial
A Brightly Colored Poster - May Signify False Hope-Editorial
A brightly colored poster at the Kayole Health Centre shows
a picture of a doctor in front of two patients. He is handing
them a packet of anti-retroviral drugs whilst giving them instructions
on how to take them. A group of four twenty five year olds sit
directly below the poster on a white wooden bench with the paint
partially peeled.
“We’ve been waiting for starter packs for almost a year” says
Millicent “I’ve been coming weekly, hoping that these drugs will become
available to me,” her eyes are sullen and her head rests on Peter’s
shoulder.
Between 1.2 and 1.3 million people in
Kenya are infected with HIV. Of these only 140,000 have access to
ARVs. Peter, Millicent, David and Catherine are not among
them. The matron at the Kayole clinic, Judy Jebotana, gives the group
an anxious glance - once again she will have to turn them away.
Without access to the drugs that can halt the attacks on their immune
system, thousands of people like Peter, Millicent, David and Katherine
are in a desperate position. Their position, however, may be
about to get even worse.
Kenya has indeed
come far from the days when the enormity of the Aids problems only
filtered into the collective conscious through the alarming number of
funeral notices of young and middle aged people in the daily
press. We knew they were dying but no one dared say why.
Public announcements and educational messages on the disease were
prohibited on radio and television programs.
The
first anti-retroviral drug came to the American market in 1996.
Since then newer drugs and “cocktails,” consisting of a combination of
ARVs, can dramatically slow down the replication of the HIV
virus. This does not just prolong lives, but allows sufferers to
continue living with quality and dignity. Affected parents can
continue to earn a living and care for children instead of leaving an
army of destitute orphans while the economic work force is
decimated. According to UNICEF there are 170,000 orphans in
Kenya. A society cannot be built on the dying. The government
apparently had got this message.
In 2001,
ARV treatment cost between 40 and 45 thousand shillings per
month. After pressure from activists and procurement companies,
“The Industrial Property Act (2001)” was passed. This Act allowed
the main procurers and distributors of drugs in Kenya to choose from a
larger supply base from around the world. It included a clause
that annulled the right of the patent holder to have any influence over
a good once it was on Kenyan shelves. Multi-National drug
companies no longer had the power to dictate which drugs should be
available in Kenya and at what price.
So
it currently in Kenya today costs about sh 4,500 to treat one HIV/Aids
patient per month using patented drugs while this can go down to
sh1,500 using six-doze generic drug. As a result, in some cases,
the government is able to provide free medicine to its citizens.
This
is all about to change if planned amendments to the Industrial Property
Act are instituted. This would give the patent holder to extend
his rights to the Kenyan market and thereby stop parallel
importation.
Professor
James Odek offered an explanation as to why the Attorney General has
proposed to change to the law on patents. “The change in the law
will benefit franchise holders and … will encourage innovation. There
is no doubt that the price of drugs will rise as a result of this
change. Parliamentarians will have to weigh out the argument from the
point of view of trade and health,”
Put simply
the argument for protecting patents is that it will improve the owning
company’s profits and encourage them to develop new and better drugs to
treat people. Profits today people tomorrow!
Many
years ago, former Tanzanian President, Julius Nyerere argued whether it
was right for third world children to starve so that countries could
pay off interests on the debts owed to western countries and
multilateral institutions. Which should take precedent, he asked.
A
change in the law would increase the price of ARVs considerably.
For our four friends waiting patiently at the Kayole Medical Center,
the poster promising a better future could turn into a bitter illusion
if the new legislation is passed. Profits for the companies
today, but where will be the people tomorrow?
Story Research and Development Arjun Kholi and Mary Kihara