Photo from World Bank Photo Collection
In June 2000, the Treatment Action Campaign (TAC) began importing generic HIV/AIDS drugs in defiance of patent laws, trying to pressure drug companies to reduce drug costs and to compel the South African government to allow importing generic versions of patented drugs. The goal of the tactic was to increase access to affordable HIV/AIDS prescription drugs for all South Africans. Over four million people are infected with HIV in South Africa and high prices for patented drugs have made treatment inaccessible to most people.
High Costs of Patented HIV Medication
Fluconazole is an essential drug used to treat illnesses related to HIV. Like many other HIV/AIDS medications, Fluconazole is produced by multinational companies under patent and imported into South Africa at a very high price. Generic versions of the drug are significantly less expensive. Pfizer’s patent of the drug, however, prevented the South African government from importing these generic versions. Although the South African Patent Act gives the government power to import or produce cheap copies of patented drugs, the government did not attempt to use this power.
TAC’s Fight for Affordable Access
Before importing medications, TAC worked with the World Health Organization and Médecins Sans Frontières to confirm that they were safe and effective, and arranged systems for their purchase and import. For example, TAC organized a trip to Thailand, where a generic form of Fluconazole called Biozole was available to the public for less than US$0.28 per tablet.
When the Biozole tablets reached the border, the South African Medicine Control Council confiscated them while members of that Council debated the issue of granting them an exemption. In November 2000, under pressure from TAC and its international and local supporters, the Council permitted the generic drug to be distributed to patients by one of TAC’s partners. The pharmaceutical company Pfizer had promised to deliver its own medication to patients in March 2000; the exemption — an exercise of the government’s discretionary power — would be reviewed once this delivery actually occurred.
The Treatment Action Campaign (TAC) in South Africa exemplifies the power of civil disobedience in advocating for public health. By challenging national laws and highlighting the urgency of access to low-cost HIV/AIDS medications, TAC successfully pressured the government to change policies that were obstructing treatment. Their willingness to face legal consequences underscores the lengths to which activists will go to save lives. Additionally, TAC's collaboration with the government against pharmaceutical companies revealed the importance of collective action in confronting legal challenges to access. Ultimately, TAC’s efforts led to the government’s commitment to providing free anti-retroviral drugs, demonstrating that persistent advocacy can bring about meaningful change in healthcare access.
New Tactics in Human Rights does not advocate for or endorse specific tactics, policies or issues.
