Each year, the NGO Delegation submits a report to the UNAIDS Programme Coordinating Board (PCB) to bring the perspectives of affected communities from the grassroots level to the board. Broad input collected by the NGO Delegates from civil society informs the NGO report.
Please check out the NGO Report “Sexual and Reproductive Health and Rights of People Most Affected by HIV: The Right to Development” which will be presented this June in Geneva.
What was a contentious and controversial issue even before the 35th PCB started, the report put forth by the NGO Delegation in December 2014 definitely rocked the house and generated much discussion from all angles and sides. After two days of intense discussions, the PCB has approved the following ‘compromise’ decision points related to the NGO Report, “When Rights Cause Wrongs: Addressing Intellectual Property (IP) Barriers to Ensure Access to Treatment for all People Living with HIV.”
Report by the NGO Representative
Agenda Item 1.4
Delivered by John Rock, Asia-Pacific NGO Delegate
When Rights Cause Wrongs: Addressing Intellectual Property Barriers to Ensure Access to Treatment for all People Living with HIV
When ‘Rights’ Cause Wrongs: Addressing Intellectual Property Barriers to Ensure Access to Treatment for All People Living with HIV is the title of the 2014 report by the NGO Delegation to be presented at the 35th PCB meeting, and is sure to bring on much discussion. We are indebted to the many IP experts and activists the world over who provided input on this report, as well as our civil society partners and friends who everyday face the implications of intellectual property barriers to access to treatment on the ground.
By John Rock, Asia-Pacific
Patents became part of the World Trade Organization (WTO) agreement first in 1995 – called the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. Developed countries had one year to make sure their patent laws were consistent with TRIPS. Developing countries had to introduce TRIPS by 2000, but had until 01 January 2005 to have patents in place. Least developed countries were given more time, initially 11 years, extended to 2016, and now again until 2021.
At the XIX International AIDS Conference on July 26th, the NGO Delegation officially launched the publication of the results from its 2011 Report to the UNAIDS Board. Delivered at the 29th meeting in December 2011, the report focuses on the importance of the legal environment to national HIV responses. For its findings, the NGO Delegation conducted a series of 27 focus groups, involving more than 240 participants from every region of the world. This is the published version of the report.
In another update to events mentioned in the 2011 NGO Report entitled Voices from the Field: How Laws and Policies Affect HIV Responses, we had noted that prosecution for HIV non-disclosure was becoming a significant legal issue:
Windhoek, Namibia © The Advocacy Project
Namibia’s High Court has ruled that the country’s government sterilized without their informed consent three HIV positive women as they gave birth in public hospitals, although the judge rejected the link to their HIV status.