UN Secretary-General Urges Action On High-Level Panel Report On Medicines Access

United Nations Secretary-General Ban Ki-moon today issued a message praising the “milestone” report of a High-Level Panel on access to medicines he set up a year ago to address the continuing problem of medicines prices being too high for many in the world to afford, and the lack of access to quality medicines for many. In his message, he called on governments to review the report and its recommendations, and to chart a way forward to address the problem of lack of access to medicines and health technologies.

“After an extensive and inclusive enquiry, the Panel released its report in September 2016 with a simple yet powerful message:  no one should suffer because they cannot afford medicines, diagnostics, medical devices or vaccines,” Ban Ki-moon said his message, sent to journalists in Geneva, available here [doc] and online here. “The report makes recommendations to governments, international organizations, industry, civil society and other stakeholders.”

“The report addresses the relationship between intellectual property, access to health technologies, incentives for research and development and the opportunities to strengthen governance, accountability and transparency,” he said. “It also serves as an important reminder of our duty to not only respect but to protect and fulfill the highest attainable right to health.”

“I welcome the findings of this consensus report, including the individual commentaries by members, as a milestone in our ongoing dialogue and our quest for sustainable solutions,” he added. “I encourage all stakeholders to review the report and its recommendations, taking into account existing international agreements and publications on this essential matter.  In this regard, I further encourage all stakeholders to chart a way forward in appropriate fora to ensure access to medicines and health technologies for all who need them, wherever they are.  This will represent a tremendous step towards meeting the right to the highest attainable standard of health as well as Sustainable Development Goal 3 to ensure healthy lives and promote the well-being of all people of all ages, everywhere.”

The report has received praise from many nations and constituents, but has met with resistance and criticism from some developed countries that appear to perceive a threat to their industry’s business model, such as the United States. It remains to be seen how the report will be carried forward by countries, and in what fora. It was recently discussed at the World Trade Organization (IPW, WTO/TRIPS, 10 November 2016), but inexplicably struck from the agenda of the World Health Organization Executive Board to meet in January.

Among the recommendations of the report is to make it harder for WTO members to pressure other members when they choose to use flexibilities built into the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). It also calls for separation of prices from the cost of research and development.

The report of the High-Level Panel on Access to Medicines, Promoting Innovation and Access to Health Technologies is available here, and was reported on – including wide-ranging reactions by stakeholders – by Intellectual Property Watch here (IPW, United Nations, 14 September 2016).

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The full text of the Secretary-General’s message is reprinted below:

 

The Secretary-General

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Message on the report of the High-Level Panel

on Access to Medicines,

Promoting Innovation and Access to Health Technologies

November 2016

Despite great scientific progress, all countries, from the poorest to the most prosperous, are facing challenges related to the costs of many medicines, diagnostics, medical devices and vaccines.  Since rising costs of health technologies can push people into poverty, we have a shared duty to find solutions to ensure access to these technologies for all.

Soon after Member States adopted the 2030 Agenda for Sustainable Development,
I convened an independent High-Level Panel on Access to Medicines to “recommend solutions for remedying the policy incoherence between the justifiable rights of inventors, international human rights law, trade rules and public health in the context of health technologies”.

After an extensive and inclusive enquiry, the Panel released its report in September 2016 with a simple yet powerful message:  no one should suffer because they cannot afford medicines, diagnostics, medical devices or vaccines.  The report makes recommendations to governments, international organizations, industry, civil society and other stakeholders.  The report addresses the relationship between intellectual property, access to health technologies, incentives for research and development and the opportunities to strengthen governance, accountability and transparency.  It also serves as an important reminder of our duty to not only respect but to protect and fulfill the highest attainable right to health.

I thank the High-Level Panel for producing this important and timely report.  I also wish to convey my appreciation to the Co-chairs, H.E. Ms. Ruth Dreifuss, former President of the Swiss Confederation, and H.E. Mr. Festus Gontebanye Mogae, former President of the Republic of Botswana, for their stewardship.  I would also like to acknowledge the important contributions of the Expert Advisory Group, chaired by the Honourable Justice Mr. Michael Kirby of Australia.  Finally, I extend my appreciation to the Secretariat of the High-Level Panel, led by the United Nations Development Programme working in close collaboration with the Joint United Nations Programme on HIV/AIDS.  I learned with sadness of the recent and untimely passing of a member of the High-Level Panel Secretariat, Ms. Katie Kirk.  I extend my condolences to her family and colleagues.

I welcome the findings of this consensus report, including the individual commentaries by members, as a milestone in our ongoing dialogue and our quest for sustainable solutions.  I encourage all stakeholders to review the report and its recommendations, taking into account existing international agreements and publications on this essential matter.  In this regard, I further encourage all stakeholders to chart a way forward in appropriate fora to ensure access to medicines and health technologies for all who need them, wherever they are.  This will represent a tremendous step towards meeting the right to the highest attainable standard of health as well as Sustainable Development Goal 3 to ensure healthy lives and promote the well-being of all people of all ages, everywhere.