A/61/338 B. The responsibilities of pharmaceutical companies 82. The previous section emphasized the primary responsibility of States to increase access to medicines. But, of course, this is a shared responsibility. If there is to be an increase in access to medicines, numerous national and international actors have an indispensable role to play. The Millennium Development Goals recognize that pharmaceutical companies are among those who share this responsibility. Goal 8, a global partnership for development, has a number of targets, not least: “In cooperation with pharmaceutical companies, provide access to affordable, essential drugs in developing countries” (emphasis added). 83. Last year, a British Government policy paper on access to medicines elaborated on this point: “Responsibility for increasing access to essential medicines rests with the whole international community. Progress depends on everyone working in partnership to build health systems in developing countries, increase financing, make medicines more affordable, and increase the amount of new medicines developed for diseases affecting developing countries”.49 Significantly, the paper continued: “In this context there is a particular role for pharmaceutical companies. As the producers of existing, and developers of new, medicines they can — and do — make a difference within their sphere of influence”. The paper then sets out a promising “framework for good practice in the pharmaceutical industry”. 84. Since his appointment in 2002, many parties have impressed upon the Special Rapporteur the profound impact of the pharmaceutical sector on the implementation of the right to the highest attainable standard of health. This message has been most clear when on country missions to low-income and middle-income countries. States and others have criticized the pharmaceutical sector for setting prices too high, erratic drug donations, imbalanced research and development, lobbying for TRIPSplus standards, inappropriate drug promotion, problematic clinical trials, and other practices that are seen to obstruct a State’s ability to discharge its right to health responsibilities.50 However, States and others have also commended some significant progress in recent years, such as the more widespread use of differential pricing, predictable and sustainable drug donations, and a renewed commitment to research and development into neglected diseases.51 85. Under his mandate, the Special Rapporteur is requested, inter alia, to develop a regular dialogue and discuss possible areas of cooperation with all relevant actors; to report on good practices most beneficial to the enjoyment of the right to the highest attainable standard of health, as well as obstacles encountered domestically and internationally to its implementation; and to support States’ efforts by making recommendations. 86. In light of this mandate, over the last three years the Special Rapporteur has engaged in a number of discussions on access to medicines with numerous parties, including pharmaceutical companies. Most of the meetings with the pharmaceutical companies have been organized by Realizing Rights: The Ethical Globalization Initiative, in addition to an international symposium organized by the Novartis Foundation for Sustainable Development.52 The discussions have been substantive and constructive. They have drawn from the work of the Global Compact, Business Leaders Initiative on Human Rights (BLIHR), OHCHR, States, WHO and other elements of the United Nations system, pharmaceutical companies, civil society organizations and others. The discussions have benefited from the extensive experience and literature on corporate responsibility, which has grown exponentially 06-51997 19

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