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Intellectual property “still a threat,” to antiretroviral access, says panel

Mara Kardas-Nelson

Patents and intellectual property restrictions continue to affect acess to antiretroviral drugs, particularly in middle-income settings, according to research presented at the 19th International AIDS Conference (AIDS 2012) in Washington DC on July 25.

While generic competition has been essential to reducing the price of first-line ARVs, because of patent protection, the price of second- and third-line drugs have not seen a comparable drop. Presenting on a UNITAID-funded study on ARV price determinants, Jean-Paul Moatti said: “When activists say there is still a major problem for second- and third-line drugs, they are right.” Globally, first-line drugs are 65.3% cheaper than second-line drugs.

The price of branded second-line drugs has actually been increasing since 2008/2009, says Moatti, part of a general trend among pharmaceutical companies to increase the price of their product at the end of a patent life. While there is an average dip in price a few years into the 20-year period – due primarily to pressure from generic competitors – the price actually increases before the drug goes off patent, and increases even more after the patent has expired.

“When the patent is over, branded drugs don’t try to follow the generic companies and engage in competition,” said Moatti. Instead, in both developing and developed world markets, “they try to differentiate their product with packaging and so on”, keeping the price high.

Chan Park, the interim executive director of the Medicines Patents Pool, presented an analysis of current trends in voluntary licensing practices globally. Park noted that engaging in voluntary licenses was “hugely common throughout the industry”, with seven of the eight originator ARV companies signing such agreements. Yet, “there’s very little known about the various provisions that can be included in these licenses….there is wide variance within the industry,” he said.

Considering access to medicine, Park is specifically concerned about the number of licensed generic companies included in each agreement, and whether licensees can produce their own active pharmaceutical ingredients (APIs), and/or purchase APIs from other generic suppliers.

“Limiting the number of licensees may hinder the robust generic competition that can bring prices down,” Park said. “As a general rule, the more competitors there are, the lower the price of the ARV.” Given that the cost of APIs comprise a “significant proportion” of a final generic production cost, “there ought to be minimal restrictions on manufacture and sale of APIs by generic producers”.

Remarking on the methodology of the study, Chan noted that “a full evaluation of the terms and conditions was impossible as a result of the absence of transparency in voluntary licensing practice”, as the full terms of voluntary licence agreements are rarely made public. “Today, I call for increased transparency in voluntary licensing practices, and for companies to adopt access-maximising terms and conditions.”

Park also noted that while low-income countries are generally “well covered” in the scope of voluntary licences, “we still have a long way to go with covering upper-middle-income countries.”

Speaking on the panel, Kajal Bhardwaj of the Lawyers Collective noted that this was part of a trend by pharmaceutical companies to increasingly “cut out” middle-income countries from so-called “access policies”, in which pharmaceutical companies engage in voluntary licences and/or differential pricing, where lower-income and/or high burden countries pay less than their richer counterparts. This is despite the fact that, according to the Human Development Index, “more than half of the world’s poor actually live in middle-income countries,” said Bhardwaj, with huge economic discrepancies in places like India and South Africa.

As a result of the exclusion, Bhardwaj explained, middle-income countries have to “negotiate separately on a case-by-case basis with these companies, which makes it harder for them to get lower prices.”

While middle-income countries could utilise TRIPS flexibilities, specifically compulsory licences, many do not have the legislative framework to do so, and are being pressured by the world’s superpowers to ramp up intellectual property protection. (TRIPS – The Agreement on Trade-Related Aspects of Intellectual Property Rights – gives pharmaceutical companies the legal right to patent their drugs and applies to all the member states of the World Trade Organization.)

“What’s happening with the global aid and the global trade structure and how that shapes our countries’ decisions going forward should not be under-estimated,” said Bhardwaj. “The reality is that we’re actually going back on ten years of progress. The minute you have exclusions, you will be leaving many, many people out of treatment and access.”

But countries can flex their muscles. Francisco Viegas Neves da Silva of the Brazilian Ministry of Health spoke on the country’s compulsory licence for efavirenz. Initially granted in 2007 for a period of five-years, and recently renewed for another five, da Silva noted that the compulsory license – which allowed for local generic production of the drug while still under patent – significantly brought down the price of a 200mg tablet from $2544 per patient per year to $259 per patient per year (the current price is even lower at $107 per patient per year). Between 2007 and 2011 Brazil achieved savings of 58% in efavirenz drug costs as a consequence of compulsory licensing, da Silva explained.

“Increasing access is more important than economics,” said da Silva. “This is about how we can save money to put more patients on treatment.”

da Silva said that Brazil’s president, Dilma Roussef, would consider compulsory licences for more antiretrovirals and other drugs, such as for non-communicable diseases. He noted that simply having the threat of utilising a compulsory licence is an important tool in negotiations with pharmaceutical companies.

But according to Brazilian activists, the country can do more to promote access to medicines. Pedro Villardi of the Brazilian Interdisciplinary AIDS Association, or ABIA, presented the outcomes of a survey done by the Working Group on Intellectual Property to consider whether and how pharmaceutical patents were blocking access to medicine.

By conducting a thorough patent search on ARVs, the group found multiple patents on a single medicine, which could block access to generic versions. For example, while the patent for darunavir is meant to expire in 2017, a new patent filed could extend the patent to 2025. Villardi also noted that eleven drugs included in the survey were only supplied by one producer; lack of competition was keeping prices high.

Villardi said that increased transparency was essential. “The patent system is extremely non-transparent and patents are supposed to be public,” he said. “If you don’t know [about] the patent and the patent application…you can design neither public policies nor advocacy strategies to increase access to medicines, not just in Brazil, but in all of the global south.”

Villardi suggested that the country utilise the Bolar, or early working, provision; implement stricter patentability standards; and strengthen pre- and post-grant opposition mechanisms.

References

Viegas Neves da Silva F et al. Compulsory licence and access to medicines: economic savings of efavirenz in Brazil. 19th International AIDS Conference, abstract WEAE0102, Washington DC, 2012.

Park C et al. Understanding voluntary licensing: an analysis of current practices and key provisions in antiretroviral voluntary licenses.19th International AIDS Conference, abstract WEAE0103, Washington DC, 2012.

Villardi P. Panorama of the pharmaceutical patenting and sanitary registration of ARVs drugs in Brazil: implications to access and to health industrial complex. 19th International AIDS Conference, abstract WEAE0104, Washington DC, 2012.

Sagaon Teyssier L et al. Affordability of HIV/AIDS treatment in developing countries: an analysis of ARV drug price determinants. 19th International AIDS Conference, abstract WEAE0105, Washington DC, 2012.

Bhardwaj K et al. The ‘middle-income’ curse: should global aid and treatment access decisions be based on national economic criteria? 19th International AIDS Conference, abstract WEAE0106, Washington DC, 2012.

View information on the session, including links to the abstracts and slides from the presentations, on the conference website.

source: http://www.aidsmap.com/page/2453627/

More Copyright Treaties Sprouting At WIPO

By William New, Intellectual Property Watch

Flush with the success of last month’s agreement on a new treaty on audiovisual performances, World Intellectual Property Organization members this week are propagating other possible legal instruments on aspects of copyright. Mainly under consideration this week are exceptions to copyright, along with broadcasters’ rights, and on the first day of the meeting, new proposals emerged on exceptions for educational and research institutions.

The WIPO Standing Committee on Copyright and Related Rights (SCCR) is meeting from 16-25 July. The agenda is focussed on limitations and exceptions to copyright, and on a revival of a longstanding proposal on broadcasters’ rights.

Proposals are being considered in three areas of limitations and exceptions: visually impaired and other print-disabled readers; educational and research institutions, and libraries and archives.

WIPO Director General Francis Gurry opened the meeting with reference to that “happy occasion” of the Beijing Audiovisual Treaty, which took place in late June (IPW, WIPO, 29 June 2012).

He said delegations there noted the importance of the treaty completion to multilateralism, and said that the spirit of engagement and cooperation should continue.

The chair of the meeting is Zambian Ambassador Darlington Mwape, elected last session.

A work plan for the week was agreed at a morning meeting today of the regional coordinators plus two. Limitations and exceptions for educational and research will be discussed until Wednesday (18 July) midday, followed by presentations on two proposals on the broadcasting issue on Wednesday afternoon. The meeting will return to education and research on Thursday (19 July) with presentations from experts who will arrive the day before. Then the print-disabled issue will fill out the remainder of Thursday, and Friday (20 July). Monday (23 July) will be broadcasting, Tuesday (24 July) morning exceptions and limitations for libraries and archives, Tuesday afternoon broadcasting, Wednesday (25 July) morning libraries and archives, and Wednesday afternoon adoption of conclusion and recommendations.

An additional agenda item was adopted from Brazil, on assessing the contribution of the SCCR to the WIPO Development Agenda, to be presented to the October General Assembly. The agenda will be added on to the end of the meeting.

On broadcasting, there is a new proposal by Japan.

A proponent of limitations and exceptions is Africa. In the African Group opening statement, Egypt noted that the committee work on these issues is backed by substantive studies and research. It called for transparency in SCCR deliberations, as well as furtherance of the objective of a copyright system that is “balanced, development-oriented and capable of incentivizing innovation and creativity in developing countries.” To develop, Africa needs access to educational materials, it said.

Limitations and Exceptions for Education/Research Taking Shape

Today, for the first time, language began to be put to paper harkening the start of the creation of a text on limitations and exceptions for educational and research institutions. Africa said it expects to issue this week an updated version of its earlier proposal. Ecuador, Peru and Uruguay put forward a proposal on “clusters” of topics under the educational limitations and exceptions. Brazil followed with a non-exhaustive list of more “thematic clusters,” followed by Nigeria and likely Chile, and possibly others tomorrow. Chile was the originator of the limitations and exceptions issue several years ago. Nigeria told Intellectual Property Watch that it is looking for support among other African governments.

Developing countries indicated that international instruments are needed in order to address gaps in national legislation, such as in the educational area.

Countries that proposed clusters began working together after the meeting concluded to bring their proposals closer together. The proposals will be taken up tomorrow morning.

The limitations and exceptions clusters proposed by Ecuador, Peru and Uruguay were:

1. Obligations or proposals to update exceptions of a general nature.
2. Interpretative provisions on the scope of the flexibilities allowed by international law, including the three-step test, Articles 40 and 44 of the TRIPs Agreement and others.
3. Technological measures.
4. Relationship with contracts.
5. Performances for educational purposes.
6. Availability on an interactive basis and communication to the general public for educational purposes.
7. Translations, transformations and adaptations.
8. Reproductions for educational purposes.
9. Distance learning.
10. Special education for persons with disabilities.
11. Limitations and exceptions allowed only in the case of developing countries.

Brazil’s proposal was:

1. Access to works which have been withdrawn, or which are out of print.
2. Technological protection measures.
3. Use for pedagogical and teaching purposes.
4. Reproduction of lectures and conferences.
5. Quotations.

Nigeria’s proposal was:

i. Subject-matter ineligible for copyright protection (public domain)
ii. Exhaustion of rights
iii. Provisions for educational and scientific institutions for parallel import of educational materials
iv. Provision dealing with limited liability for Internet Service Providers (ISPs)
v. Specific Exceptions for science
vi. Exceptions that support development of open educational resources
vii. Personal use rights for study and research
viii. Use of protected work for public health or public security
ix. Protection for incidental inclusion of a work or a subject of related rights in educational materials
x. Access to publicly funded research
xi. Reproduction of works, including broadcasts
xii. Uses by Archives, Libraries, Museums and Galleries
xiii. Rights to facilitate Teaching, Scholarship or Research
xix. Limits to database protection laws

Copyright Industry Concerns

The International Publishers Association (IPA) was not very encouraging in the areas of education or libraries, however. It stated that it could provide examples of ways publishers and libraries work together already, and that “for the future, we do not expect … differences between member states to converge.”

“Further information exchange on tools and initiatives that are improving access may be useful,” IPA said. “This is also the limit of what WIPO can usefully do at this stage.”

At the evening reception, Jens Bammel of IPA said exceptions could not replace copyright any more than “the holes in the cheese can replace the cheese.”

The International Federation of Reproduction Rights Organizations (IFRRO) in its plenary statement stressed the importance of licensing, as did IPA and others. IFRRO said collective management organisations licence large-scale copying for teaching and research purposes, and authors and publishers rely on income from secondary uses of their works.

IFRRO and others also raised the UN Universal Declaration on Human Rights, which states that everyone has “the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is author.”

“Broadening of educational exceptions without remuneration to authors and publishers would act as a disincentive to and have a negative impact on the continued creation and commissioning of works for the educational market,” IFRRO said.

The Motion Picture Association (MPA) in its plenary statement firmly highlighted copyright as “the basis of our members’ business.” The group supports a balanced system that features strong exclusive rights along with exceptions and limitations for education and other areas.

MPA stressed the three-step test in copyright, which allows for limitations and exceptions, as found in several international treaties, including WIPO treaties. The European Union also raised the existing three-step test. Egypt challenged the assertion that the three-step test applies to all limitations and exceptions.

Knowledge Ecology International took the view that the three-step test is not the best approach and does not always apply to limitations and exceptions.

Time for Print-Disabled Treaty?

Gurry said that members are a year behind on a recommendation for a legal instrument on exceptions for the print-disabled, and should “ensure no further slippage.” He said the SCCR in 2010 recognised that some areas of limitations and exceptions were more mature than others, and set out a timetable under which the print-disabled recommendation would be made at the 2011 General Assembly, and other recommendations in 2012.

A recommendation for a negotiation on a print-disabled instrument appears to be emerging this week. The International Publishers Association, which has been wary of any treaties that may erode their copyright-based business model, indicated today that it could accept an instrument – if worded appropriately.

“IPA supports a separate international instrument for persons with print disabilities, including an international treaty, provided the wording improves access in practice,” IPA said in its statement. “The SCCR chairman’s text, and the proposals brought forward in subsequent informal discussions require further refinement.”

A secretive “intersessional” process [Editor’s note: to our knowledge, no public information was provided on the latest intersessional meetings] on the print-disabled issue was conducted in the lead-up to this SCCR in which key stakeholders met in Geneva in March and May and advanced the draft instrument. This text is being closely held, sources said, and is expected to surface on Thursday (19 July). The intersessional included a 1.5 hour meeting with the publishers and another one with the World Blind Union, which helped author the original proposal.

The intersessional process may encounter opposition from the African Group, a source said. Africa has been seeking to move the treaty for print-disabled readers along with other limitations and exceptions, rather than first.

An area of the draft text that was in need of further work was the definition of authorised entities, a source said.

Mexico early in the plenary session spoke strongly in favour of the visually impaired treaty, but also other limitations and exceptions. “We are very close to achieving extremely important agreements,” the delegate said. The only real obstacles are not technical but political, he said. On the visually impaired, Mexico later said, “We think that text is ready to be negotiated.”

Sign the Beijing Treaty

New Director of the WIPO Copyright Law Division for the Culture and Creative Industries Sector Michele Woods issued an invitation to members to inform WIPO if they have not signed the Beijing Treaty and are interested in doing so. She said it would preferable to conduct signings at the early October annual WIPO General Assembly.

Woods recently joined WIPO from the US Copyright Office, and took over the role from Richard Owens, another American, who returned to the US after many years at WIPO. Woods participated in the 2007 negotiations for a broadcasting treaty, as a lawyer for the US copyright industry.

At the reception at the end of the first day, Gurry said, “publishing is going through a tumultuous time,” and that it requires the engagement of all stakeholders to address it. UK author Tony Bradman spoke to the gathering, saying artists do it for love and would probably do it even without compensation, but that the money is very important and is deserved.

A new International Authors’ Forum was announced to lobby on these issues on behalf of authors, a “friendly rival” to the IPA, according to its leader.

Source: http://www.ip-watch.org/2012/07/16/more-copyright-treaties-sprouting-at-wipo/

Brand-name drug makers counter that compulsory licensing makes it difficult for them to invest millions of dollars in researching and developing new drugs.

The world’s brand-name drug makers have long viewed India as their problem child for delaying compliance with international property rights law while serving as the developing world’s pharmacy for generic drugs.

Although India eventually agreed to comply with the World Trade Organization’s Agreement on Trade Related Aspects of Intellectual Property Rights (TRIPs), it made it clear that it fully intended to use a provision of international law that allows for the so-called “compulsory licensing” of generic drugs that are the therapeutic equivalents of their patented counterparts in the interests of ensuring the poor and disadvantaged have access to drugs (www.cmaj.ca/lookup/doi/10.1503/cmaj.109-3898).

That day has come as India has issued its first patent compulsory licensing order, for the kidney/liver cancer drug sorafenib, and started a deep ripple in the global pharmaceutical pond. China, the target market of many brand-name drug makers, quickly amended its intellectual property law to allow for the compulsory licensing of generic drugs “for reasons of public health.” Argentina and the Philippines have indicated they’ll soon do the same, while in other nations, such as Malaysia, local groups are pressing the government to grant a compulsory licence to a second-line antiretroviral used in the treatment of HIV/AIDS.

India’s first post-TRIPs compulsory licence, issued in March, allowed NATCO Pharma Limited to produce a generic version of sorafenib, the patent for which is held by German drug giant Bayer AG, on the grounds that the brand-name version was not “reasonably affordable.” The licence entitles NATCO to sell the drug at about 3% of Bayer’s price. That substantially reduces the cost of a monthly, 120-tablet dose of the drug to 8880 rupees (roughly $180) from 280 428 rupees (about $5500) (http://pib.nic.in/newsite/erelease.aspx?relid=82984). The license requires NATCO to pay Bayer a royalty of “6% of the net sales of the drug” and to supply the drug free of cost to at least 600 “needy and deserving” patients annually.

There’s no question that the licence was justified on public health grounds, argues Dr. Kunal Saha, president of the nongovernmental advocacy group People for Better Treatment. “In a country like India, where a large fraction of the population is still in the lower rungs of the economic ladder with very little money to spend on health care, there can be nothing wrong with the fundamental reason for the compulsory licence order issued recently by the Indian patent office because, in simple terms, it will reduce the price of many drugs that have been monopolized by few selective and wealthy drug companies,” says Saha.

Compulsory licensing will increasingly be a necessity for many nations, argues Dr. P. Khadgapathi, chairman of the industrial pharmaceutical division of the Indian Pharmaceutical Association. The association “supports the move of compulsory licensing and feels that it is a must for not only developing and underdeveloped nations but also developed nations,” he says. “The decision of compulsory licensing is based on the health needs of a nation and various other factors, like availability, affordability of drugs, etc. Previously, other nations, like USA [United States] too, have adopted similar moves during the anthrax scare.”

Brand-name drug makers counter that compulsory licensing makes it difficult for them to invest millions of dollars in researching and developing new drugs. Bayer has already appealed the compulsory licensing order with the Intellectual Property Appellate Board in a bid to defend “intellectual property rights which are a prerequisite for bringing innovative medicines to patients,” Mandira Viegas, a spokesman for the Bayer Group in India writes in an email. “The order of the Patent Controller of India damages the international patent system and endangers pharmaceutical research. The limited period of marketing exclusivity made possible by patents ensures that the costs associated with the research and development of innovative medicines can be recovered.”

But some analysts say that this argument is based on a faulty premise. “For years, advocates questioning the high prices of new drugs have heard the familiar threat from the drug manufacturers that reducing prices will mean less money for research,” says Musa Mayer, a patient advocate in the US and a consultant with the US Food and Drug Administration’s Cancer Drug Development Program. “I believe the picture is far more complex than that, and that this is merely a tactic.”

The government of India, meanwhile, has indicated that its long-term plans include greater use of compulsory licences. “In consultation with concerned Ministries, local production of bulk drugs and vaccines should be encouraged to build “drug security” in the country. The MoHFW [Ministry of Health & Family Welfare] should identify and get compulsory license issued for patented expensive drugs required for public health programmes, and encourage their manufacture in the country,” the government’s Health Division Planning Commission states in the Report of the Steering Committee on Health for the 12th Five-Year Plan (http://planningcommission.nic.in/aboutus/committee/strgrp12/str_health0203.pdf).

Somewhat surprisingly, compulsory licensing also appears to have had an effect on the price of other cancer drugs. The Indian pharmaceutical giant Cipla Ltd., for example, announced that it was slashing the price of three anticancer drugs by 59%–75% (www.cipla.com/whatsnew/news.htm#03may12).

Mayer is hopeful that the long-term consequences for consumers will be lower prices but frets that patients in developed countries will have to pay higher prices to offset reduced industry profits in the developing world.

“Clearly this kind of inequity in pricing cannot continue indefinitely,” she notes. “The whole house of cards that is drug pricing worldwide could be threatened by what is occurring in India and elsewhere. That might be a good thing. Perhaps the free-market economists should put their money where their mouths are and actually let the market work and see what the real value of these cancer drugs actually is to patients — what is known as ‘value pricing’. I think we would all be shocked.”

Source: http://www.cmaj.ca/site/earlyreleases/18july12_from-outlier-to-trendsetter.xhtml

ACTA may be dead… but not yet buried

Raphael Vassallo
Opponents of the controversial ACTA legislation were in full celebration mode this week, following what many believe was a definitive rejection of the law by the European Parliament.

The EP rejected the controversial Anti-Counterfeiting Trade Agreement (ACTA) on Thursday, in a 478 to 39 vote with 165 abstentions: after the European People’s Party (EPP) unsuccessfully attempted to delay the decision.

The EPP’s proposed postponement was rejected in a 420 to 255 vote, with nine abstentions.

But while activists loudly proclaimed the resulting ‘death’ of ACTA, newswires were considerably more prudent in reporting the event. ACTA, we were told, was not quite ‘dead’, but rather on ‘life support’. For while the EP has now rejected the law in its present form, the European Commission is still awaiting a ‘verdict’ from the European Court of Justice regarding the legality of the law itself – suggesting that the final act in the ACTA saga may not be over yet.

Earlier this year the Commission had referred ACTA to the ECJ, with a view to determining ACTA was incompatible “in any way – with the EU’s fundamental rights and freedoms, such as freedom of expression and information or data protection and the right to property in case of intellectual property”.

EC representative to Malta, Martin Bugelli, confirmed this week that the Commission is still awaiting the results of the Court’s inquiry: “Citizens and the Parliament have raised concerns over the potential impact of intellectual property rights on other fundamental rights,” Bugelli told MaltaToday. “This is why the Commission will continue to wait for the opinion of the European Court of Justice and study it closely. The Commission would also discuss the outcome of the Court referral with other signatories of ACTA and would then consider further steps to take.”

However, critics of ACTA have all along argued that the reason for the original referral to the ECJ was to sidestep the European Parliament.

European Commissioner for Trade De Gucht had even hinted that the Commission’s referral was intended as a insurance policy against possible rejection by the EP: according to minutes of a Heads of Cabinet meeting in February 2012 (made public by European Digital Rights, an NGO aiming to protect freedom of expression in the internet) the European Commission was profoundly impressed by popular opposition to ACTA, and described the “strong mobilisation” against the agreement by “certain NGOs and movements active on the internet” as a “problem” for the European Commission.

EDRi reported that “the increasing opposition to ACTA on the streets and among Member States created a very real possibility that the European Parliament would vote ‘no’ to ACTA in June, effectively killing it”.

The Commission’s referral to the ECJ was interpreted as a pretext to keep alive the possibility of a revised version of ACTA, in case the Parliament went on the reject the law: as in fact happened this week.

But why is the Commission so keen to keep ACTA alive in the face of such overwhelming opposition by European citizens? Leaving aside conspiracy theories along the lines that that the EC is in collusion with major corporations to maximise profits – or, more sinister still, that it has an interest in curtailing internet freedom in a bid to exert more control over the masses – the ‘official’ reason for Europe’s insistence on an international anti-counterfeiting agreement has much more to do with safeguarding European businesses against unfair competition.

The controversy itself may have revolved mainly around privacy and personal liberty issues: but lurking in the background was concern with competition from China: namely, to protect Europe’s prime resource – its intellectual property – from being eroded by counterfeit products flooding European markets.

Bugelli admits that this was and remains a primary concern for the Commission. “Seeking protection for European creators and enterprises, and pursuing a more level playing field with other global players, was indeed one of the main aims of the proposed Agreement. That was precisely why it was important to have non-EU partners around the same table to play by the same rules.”

He also concedes that the vote against ACTA will be “a setback for the protection of our intellectual property rights around the world.

“As the Trade Commissioner De Gucht said in Parliament this week, other countries may read in this rejection as a reduced commitment by the EU to protect intellectual property rights and to enforce the rights of its industries and artists around the world.”

Bugelli adds that efforts to stave off illegal competition to the detriment of European resources will not be completely sidetracked by the defeat of ACTA in the EP.

“European competitiveness on the global stage remains on top of the agenda of the European Commission, and it will continue to seek ways to enhance it.”

Source: http://www.maltatoday.com.mt/en/newsdetails/news/national/ACTA-may-be-dead-but-not-yet-buried-20120709

Abortion complications still robbing young lives in Uganda

Experts blame the high levels of abortions to lack of comprehensive contraception, sex education, safer abortion measures, and safe and quality post abortion measures

SPECIAL REPORT BY XINHUA CORRESPONDENT Ronald Ssekandi

KAMPALA (Xinhua) — Uganda spends 7.5 billion shillings (3.1 million U.S. dollars) annually treating complications resulting from unsafe abortion, a new study reveals.

The World Health Organization guidance on abortion-related services reveals that in Uganda, about 300,000 abortions are carried out every year and in Africa an estimated 68,000 girls die from unsafe abortion and many more are injured, some permanently.

While speaking at a national conference on reducing maternal mortality from unsafe abortion, Florence Mirembe, an associate professor at the department of obstetrics and gynaecology at Mulago hospital last week said abortion related complications are one of the leading causes of admissions to gynecological wards in hospitals across the country.

Charles Kiggundu, a consultant gynecologist and obstetrician says many women, especially youth die from complications of unsafe abortion in the East African country.

“There is evidence that whatever the law or restrictions attached to abortion, the practice only goes underground and kills more women,” he said.

Experts like Kiggundu blame the high levels of abortions in the country to lack of comprehensive contraception, sex education, safer abortion measures, and safe and quality post abortion measures for those that must have the abortions.

According to The State of Uganda’s Population Report, about 755, 000 women get unintended pregnancies each year and many end up having unsafe abortions.

In Ugandan law, abortion is illegal. Any person who, with intent, procures an abortion is subjected to imprisonment for 14 years.

The law, however, provides for exceptions for this violation in situations when a pregnancy endangers the life of the mother and in some cases where rape has been proved.

Most women choosing abortion are doing so because of unplanned pregnancies, rape, incest and poor marital relationships.

Experts say that more than half of all abortions are believed to be carried out by individuals equipped with the knowledge and tact. These include doctors, nurses and midwives.

The remaining procedures are performed by non-professionals, including pharmacists, traditional providers and women, according to Guttmacher Institute, a non-profit organization advancing sexual and reproductive health worldwide.

WHO places the number of women who die from complications resulting from abortions performed by unskilled practitioners every year at 67,000.

According to the global health body, unsafe abortions are characterized by the provider’s inadequate skills; unsanitary facilities and use of hazardous techniques.

Health risks at the time of an unsafe abortion include infection, hemorrhage, septic shock and abdominal injury.

In the long run, chronic problems such as pelvic infection, ectopic pregnancy and infertility can occur.

State owned New Vision daily in November last year published a story of Kansiime a 14 year old girl who was forced to abort by her 20 year old boyfriend.

“I got pregnant in June, and when I found out in July and told Adolf about it, he said I must abort because the Police would arrest him for defilement,” Kansiime said.

“Although I was not ready for pregnancy, I never wanted to abort. I wanted to have my baby but Adolf took me into a clinic. The “doctor” told me to lie on a bed and said he was going to terminate the pregnancy,” she said.

After the abortion, the doctor instructed her to leave and did not give her any medication, despite the tremendous pain and over- bleeding.

“I was told to come back the next day to remove the cotton wool that he had inserted in my private parts. By the time I came out, Adolf was nowhere to be seen. I had to walk 1km back home. My condition worsened at night,” Kansiime narrates.

Uganda ’s contraceptive use stands at 24 percent which is less than projected target of 50 percent by 2050.

The 2011/2012 national budget Uganda allocated 8 billion shillings (3.3 million U.S. dollars) for family planning.

Activists argue that for Uganda to reduce on the abortion levels which arise mainly because of unwanted pregnancies government must invest adequately in maternal health and family planning.

According to the United Nations Population Fund Uganda has one of the highest maternal mortality rates in the world standing at 435 deaths per 100,000 births while unsafe abortion causes up to 26 percent of the maternal deaths.

According to the UN population agency although more women in Uganda are now able to practice family planning, majority still lack full access to reproductive health services, including quality contraceptive services.

Reproductive Health Uganda , a local nongovernmental organization has embarked on a massive distribution of condoms and contraceptives in order to prevent unwanted pregnancies and HIV/ AIDS.

The organization is using university students to reach their peers educating them on using contraceptives