WORLD HEALTH ASSEMBLY ADOPTS RESOLUTIONS ON R&D, TRADE AND HEALTH

World Health Organisation members have agreed to launch official discussions on a global strategy to promote "needs-driven" research and development aimed particularly at finding treatments to diseases that disproportionately affect developing countries. Public health advocates have hailed the decision as a 'historic opportunity.' They believe that it could ultimately serve to encourage research and development on diseases that have thus far been largely ignored by the pharmaceutical sector, since developing new drugs has not offered sufficiently lucrative profits under the traditional patent system.

On 27 May, the WHO's main governing body, the World Health Assembly (WHA) passed a resolution (A59/A/Conf. Paper No 8) encouraging member countries to "make global health and medicines a priority sector" and take into account the recommendations of a recent report by the Commission on Intellectual Property, Innovation and Public Health (CIPIH; see BRIDGES Weekly, 5 April 2006). It established an intergovernmental working group to negotiate the action plan on research and development over the next two years.

Final resolution transcends past differences

The adopted resolution was based on two draft resolutions: one put together by the WHO Secretariat based on the CIPIH report (A59/16 Add.1), and the other, originally tabled by Kenya and Brazil (EB117.R13), calling for the establishment of a mechanism to consider proposals on a 'global framework' on needs-driven research and development. The CIPIH report suggested that intellectual property protections alone were not sufficient incentive to ensure the satisfaction of public health needs in developing countries, though critics pointed to its lack of systemic recommendations. Both draft resolutions met with significant opposition from some WHO members at a preparatory meeting for the WHA. In the versions of the two that were ultimately forwarded to the WHA, large segments of text were placed within square brackets, signifying the absence of consensus.

During the WHA, both draft resolutions were discussed in a technical committee. Countries differed over how to deal with them: some members, such as Kenya, favoured treating the two separately, while most other countries suggested fusing the two to establish a single working group, arguing that they addressed comparable approaches to similar issues. Some disagreement existed with regard to the actual composition and functioning of the working group, as well as Brazil and Kenya's use of the word 'framework.' Certain member states including the US, the EU, and Switzerland were uneasy about this term, since they felt it would imply the creation of a new legally binding instrument. The draft resolutions were finally merged, after discussions moved from the technical committee to a draft working group chaired by Switzerland.

The final resolution, entitled 'Public health, innovation, essential health research and intellectual property rights: towards a global strategy and plan of action' (A59/1/Conf.Paper No 8), incorporated much of the originally separate draft resolutions. It "urges member states to consider the recommendations of the [CIPIH] report" and establishes "an intergovernmental working group open to all interested Member States to draw up a global strategy and plan of action in order to provide a medium term framework based on the recommendations of the Commission…. [as well as] securing an enhanced and sustainable basis for needs-driven essential health research…" The decision requested the Secretariat to immediately set up and finance this working group, specifically seeking the inclusion of representatives of from non-member countries, non-governmental organisations (NGOs) and inter-governmental organisations (IGOs). Finally, the working group was requested to report back to the WHA of 2007, and to submit a final global strategy and plan of action to the WHA of 2008, two years from now.

NGOs and humanitarian groups such as Medicins Sans Frontieres (MSF), the Consumer Project on Technology (CPTech), and Health Action International (HAI) had long campaigned for the framework, arguing that the patent-based intellectual property model of rewarding innovation had failed to produce medicines for diseases that affect the poor. MSF hailed the adoption of the resolution as a 'breakthrough agreement.' HAI described the negotiations that will take place in the working group as "an historic opportunity for all actors in global public health to respond to the call of the member states to do something meaningful and lasting to improve global public health."

In addition to intense lobbying by public health advocates, observers have attributed particular credit for the success to skilful diplomatic manoeuvring by Kenya and Brazil, the US' decision to move away from its initial opposition, and Switzerland's chairing of the drafting group.

The challenge now will be for the intergovernmental working group to come up with clear objectives and priorities for research and development and set up mechanisms that can fund them.

Separate resolution calls for policy coherence in trade and health

The WHA also passed a separate resolution calling for greater collaboration among relevant government ministries in order to improve coherence between international trade and health policies. It suggests coordination meetings and dialogues among different ministries, as well as better use of existing policies and laws that attempt to address the challenges posed by trade to health. The resolution calls on the Director-General of the WHO to support member states in implementing this resolution and to report back to the WHA in 2008.

For the information on the WHA, including this session's resolutions see: http://www.who.int/mediacentre/events/2006/wha59/en/index.html

ICTSD reporting; "WHO to prompt R&D for poorer countries," FINANCIAL TIMES, 29 May 2006; "World Health Assembly Passes Breakthrough Resolution, MSF Hails Move as 'Crucial First Step' toward Global R&D Framework That Meets Health Needs," MEDECINS SANS FRONTIERES PRESS RELEASE 27 May 2006; "Bush Administration Plays Very Positive Role in UN Debate Over R&D and Access to Medicine" James Love in HUFFINGTON POST, 27 May 2006.