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No Valley Without Shadows MSF and the Fight for Affordable Arvs in South Africa
In the 1990s, even as the country celebrated its freedom from apartheid, South Africa descended into a chilling new crisis: an incurable disease was spreading so fast it soon became the fearsome stuff of myth and legend. The fight against HIV/AIDS in South Africa was a war fought on many fronts: against fear and ignorance so powerful it could lead to murder; against profiteering pharmaceutical companies whose patents safeguarded revenues at the cost of patients’ lives; and, most shockingly, against the South African government, which quickly emerged as the world leader in AIDS denialism. To take its place in this battle, Médecins Sans Frontières/Doctors Without Borders would have to overcome internal resistance, seemingly impossible financial barriers, multiple lawsuits, and the shame and terror of the very people they were trying to help. How could a coalition of activists, doctors, and patients beat the odds to bring about startling innovations in treatment protocols, end the pharmaceutical companies’ legal challenges to low-cost drugs, and overturn an official policy of denial that originated in the nation’s highest political offices? This is the story. No Valley Without Shadows MSF and the Fight for Affordable ARVs in South Africa Written by Marta Darder, Liz McGregor, Carol Devine and other contributors. © 2014 Médecins Sans Frontières/Doctors Without Borders, Rue Dupré 94, 1090 Brussels No Valley Without Shadows is a publication by Médecins Sans Frontières/Doctors Without Borders (MSF). The texts in this publication are based on interviews with members of MSF and others who participated in the fight for affordable ARVs in South Africa. -
South Africa 2
The Atlantic Philanthropies South Africa 2 Honjiswa Raba enjoysThe the new auditorium of the Isivivana Centre.Atlantic Raba is head of human resources Philanthropies for Equal Education, a Centre tenant, and is a trustee of the Khayelitsha Youth & Community Centre Trust, the governing body of Isivivana. Foreword 5 Preface 9 Summary 13 South Africa 22 Grantee Profiles 89 Black Sash and Community Advice Offices 91 Legal Resources Centre 96 University of the Western Cape 101 Lawyers for Human Rights 108 Umthombo Youth Development Foundation 113 Archives and the Importance of Memory 117 Nursing Schools and Programmes 125 Health Care Systems 131 LGBTI Rights 135 Social Justice Coalition 138 Equal Education 143 Isivivana Centre 147 Lessons 154 Acknowledgements 175 Throughout this book, the term “black” is used as it is defined in the South African Constitution. This means that it includes Africans, coloureds and Indians, the apartheid-era definitions of South Africa’s major race groups. The Atlantic Philanthropies South Africa BY RYLAND FISHER President Cyril Ramaphosa met with Chuck Feeney in Johannesburg in 2005 when they discussed their involvement in the Northern Ireland peace process. Ramphosa was elected president of South Africa by Parliament in February 2018. DEDICATION Charles Francis Feeney, whose generosity and vision have improved the lives of millions in South Africa and across the globe IN MEMORIAM Gerald V Kraak (1956–2014), a champion of human rights and Atlantic’s longest serving staff member in South Africa Students “No matter how some of the visit the Constitutional Court at ideals have been difficult Constitution Hill. to achieve and get a bit frayed around the edges, South Africans still achieved its transition to democracy in, I think, one of the most extraordinary ways in human history.” Christine Downton, former Atlantic Board member 5 South Africa Foreword he Atlantic Philanthropies are known for making big bets, and it’s fair to say that the foundation was making a very large wager when T it began investing in South Africa in the early 1990s. -
I, the Undersigned
IN THE HIGH COURT OF SOUTH AFRICA (CAPE OF GOOD HOPE PROVINCIAL DIVISION) Case No. In the matter between: TREATMENT ACTION CAMPAIGN First Applicant SOUTH AFRICAN MEDICAL ASSOCIATION Second Applicant and MATTHIAS RATH First Respondent DR RATH HEALTH FOUNDATION AFRICA Second Respondent SAM MHLONGO Third Respondent DAVID RASNICK Fourth Respondent ALEXANDRA NIEDWIECKI Fifth Respondent ANTHONY BRINK Sixth Respondent TREATMENT INFORMATION GROUP Seventh Respondent GOVERNMENT OF THE REPUBLIC OF SOUTH AFRICA Eighth Respondent DIRECTOR-GENERAL OF HEALTH Ninth Respondent CHAIRPERSON, MEDICINES CONTROL COUNCIL Tenth Respondent REGISTRAR OF MEDICINES Eleventh Respondent MEMBER OF EXECUTIVE COUNCIL FOR HEALTH WESTERN CAPE Twelfth Respondent FOUNDING AFFIDAVIT I the undersigned 2 NATHAN GEFFEN hereby affirm and state as follows: 1. I am an adult male. I am employed by the Treatment Action Campaign (TAC) at 34 Main Road Muizenberg. 2. My position at the TAC is Co-ordinator of Policy, Research and Communications. I hold an M.Sc. in computer science from the University of Cape Town (UCT). 3. During 2000 and 2001 I was a lecturer in computer science at UCT. In this period I also volunteered for the TAC. This included serving as the organisation’s treasurer. From 2002 to the beginning of 2005 I was employed by the TAC as its national manager. 4. I am duly authorized by a resolution of the TAC National Executive Committee (NEC) to make this application and depose to this affidavit on its behalf. A copy of the resolution of the NEC on 4 October 2005 is attached (NG1). 5. The facts contained herein are true and correct and are within my personal knowledge unless the context indicates otherwise. -
Report Was Written by Scott Long, Consultant to Human Rights Watch and Former Program Director of the International Gay and Lesbian Human Rights Commission
MORE THAN A NAME State-Sponsored Homophobia and Its Consequences in Southern Africa I wanted to speak to my president face to face one day and tell him, I am here. I wanted to say to him: I am not a word, I am not those things you call me. I wanted to say to him: I am more than a name. ⎯Francis Yabe Chisambisha, Zambian activist, interviewed in 2001. Human Rights Watch and The International Gay and Lesbian Human Rights Commission Copyright © 2003 by Human Rights Watch. All rights reserved. Printed in the United States of America ISBN: 1-56432-286-6 Library of Congress Control Number: 2003102060 Cover photograph: Cover design by Addresses for Human Rights Watch 350 Fifth Avenue, 34th Floor, New York, NY 10118-3299 Tel: (212) 290-4700, Fax: (212) 736-1300, E-mail: [email protected] 1630 Connecticut Avenue, N.W., Suite 500, Washington, DC 20009 Tel: (202) 612-4321, Fax: (202) 612-4333, E-mail: [email protected] 33 Islington High Street, N1 9LH London, UK Tel: (44 20) 7713 1995, Fax: (44 20) 7713 1800, E-mail: [email protected] 15 Rue Van Campenhout, 1000 Brussels, Belgium Tel: (32 2) 732-2009, Fax: (32 2) 732-0471, E-mail: [email protected] Web Site Address: http://www.hrw.org Listserv address: To subscribe to the list, send an e-mail message to hrw-news-subscribe @igc.topica.com with “subscribe hrw-news” in the body of the message (leave the subject line blank). Addresses for IGLHRC 1375 Sutter Street, Suite 222, San Francisco, CA 94109 Tel: (415) 561-0633, Fax: (415) 561-0619, E-mail: [email protected] IGLHRC, c/o HRW 350 Fifth Avenue, 34th Floor, New York, NY 10118-3299 Tel: (212) 216-1814, Fax: (212) 216-1876, E-mail: [email protected] Roma 1 Mezzanine, (entrada por Versalles 63) Col. -
Cape High Court, Cape Town)
IN THE HIGH COURT OF SOUTH AFRICA (Cape High Court, Cape Town) Case No. 21600/12 In the matter between: MINISTER OF POLICE First Applicant NATIONAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE Second Applicant THE PROVINCIAL COMMISSIONER OF THE SOUTH AFRICAN POLICE SERVICE FOR THE WESTERN CAPE Third Applicant THE CIVILAN SECRETARIAT FOR THE POLICE SERVICE Fourth Applicant COLONEL M F REITZ Fifth Applicant BRIGADIER Z DLADLA Sixth Applicant COLONEL T RABOLIBA Seventh Applicant and THE PREMIER OF THE WESTERN CAPE First Respondent THE MEMBER OF THE EXECUTIVE COUNCIL FOR COMMUNITY SAFETY, WESTERN CAPE Second Respondent THE CITY OF CAPE TOWN Third Respondent THE HON. JUSTICE C O'REGAN N.O. Fourth Respondent ADVVPPIKOLI N.O. Fifth Respondent THE SECRETARY TO THE COMMISSION Sixth Respondent 2 ADV T SIDAKI Seventh Respondent WOMEN'S LEGAL CENTRE Eighth Respondent THE SOCIAL JUSTICE COALITION Ninth Respondent SUPPORTING AFFIDAVIT I the undersigned ABDURRAZACK ("ZACKIE") ACHMAT hereby affirm and say 1. I am an adult male resident at A536 St. Martini Garden, Queen Victoria Street, Cape Town. I am fifty years old. 2. The facts contained herein are true and correct and are within my personal knowledge unless the context indicates otherwise. 3. I have been a political activist since the age of 14. I was a co-founder and Director of the National Coalition for Gay and Lesbian Equality, Director of the AIDS Law Project, and a co-founder and chairperson of the Treatment Action Campaign (TAC). I have been co-opted to Equal Education's (EE) National Council. EE is an organisation dedicated to realising the right to decent, quality education for all. -
Stepping Back from the Edge
Stepping back from the edge The pursuit of antiretroviral therapy in Botswana, South Africa and Uganda UNAIDS BEST PRACTICE COLLECTION Cover photos Preparing blood samples for various tests related to antiretroviral therapy at the Botswana HIV Reference Laboratory in Gaborone, Botswana. Photographer: Jon Heusa Children attending a day care centre in Gaborone, Botswana. Photographer: The African Comprehensive HIV/AIDS Partnership (ACHAP) Treatment Action Campaign (TAC) activists’ march, Cape Town, South Africa, March 2003. Photographer: TAC volunteer UNAIDS/04.04E (English original, November 2003) Revised fi rst reprint April 2004 © Joint United Nations Programme on HIV/AIDS (UNAIDS) the legal status of any country, territory, city or area or of its 2004. authorities, or concerning the delimitation of its frontiers or boundaries. All rights reserved. Publications produced by UNAIDS can be obtained from the UNAIDS Information Centre. The mention of specifi c companies or of certain manufactur- Requests for permission to reproduce or translate ers’ products does not imply that they are endorsed or recom- UNAIDS publications—whether for sale or for noncom- mended by UNAIDS in preference to others of a similar na- mercial distribution—should also be addressed to the Information ture that are not mentioned. Errors and omissions excepted, Centre at the address below, or by fax, at +41 22 791 4187, or e- the names of proprietary products are distinguished by initial mail: [email protected]. capital letters. The designations employed and the presentation of the UNAIDS does not warrant that the information contained in material in this publication do not imply the expression of this publication is complete and correct and shall not be liable any opinion whatsoever on the part of UNAIDS concerning for any damages incurred as a result of its use. -
Witness Statement of Abdurrazack Achmat
Defendants A[ ] Achmat First [ ] July 2008 "A[ ]A1" – "A[ ]A3" Claim No. HQ07X02333 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION B E T W E E N : MATTHIAS RATH CLAIMANT - and – (1) GUARDIAN NEWS AND MEDIA LIMITED (2) BEN GOLDACRE DEFENDANTS WITNESS STATEMENT OF ABDURRAZACK [ ] ACHMAT I, ABDURRAZACK [ ] ACHMAT, of [], Muizenberg, Cape Town, South Africa, WILL SAY as follows: 1. I am a co-founder and former Chairperson of the Treatment Action Campaign (the "TAC"), which campaigns for the rights and health of people with HIV/AIDS in South Africa. I am commonly known as "Zackie" Achmat. 2. I have worked to protect, promote, enforce and advance human rights for more than 30 years. 3. I hold the degree BA Honours (cum laude) from the University of Western Cape in South Africa. 4. In addition to full-time work as a political activist until the 1990s, I have worked for the Bellville Community Health Project, the AIDS Law Project, Community Health Media Trust, the National Coalition for Gay and Lesbian Equality and the Southern African Clothing and Textile Workers Union. 5. Since March 2008, I have become a full-time employee of the Treatment Action Campaign as its Deputy General-Secretary. 6. I was appointed to the World Health Organization’s HIV Strategic and Technical Committee in November 2004 and I am now serving a second-term on that body. I also serve as a member of the Technical Task Team on Treatment, Care and Support of the South African National AIDS Council. 7. As a result of my work with the TAC, I won the inaugural Desmond Tutu Leadership Award in 2002, the Jonathan Mann Award for Global Health and Human Rights in 2003, and together with the TAC, I was nominated by the American Friends Service Committee (better known as the Quakers) for the 2004 Nobel Peace Prize. -
Comparative Perspectives on Strategic Remedial Delays Holning S
University of North Carolina School of Law Carolina Law Scholarship Repository Faculty Publications Faculty Scholarship 2016 Comparative Perspectives on Strategic Remedial Delays Holning S. Lau University of North Carolina School of Law, [email protected] Follow this and additional works at: http://scholarship.law.unc.edu/faculty_publications Part of the Law Commons Publication: Tulane Law Review This Article is brought to you for free and open access by the Faculty Scholarship at Carolina Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact [email protected]. Comparative Perspectives on Strategic Remedial Delays Holning Lau* In controversial constitutional cases, courts sometimes grant the government an extended period of time to correct rights violations—what I call “remedial grace periods”— hoping that the postponed implementation of change will temper backlash. The most well- known example of such remedial delay followed the U.S. Supreme Court decision in Brown v. Board of Education II. This Article spotlights a more recent remedial grace period. In Minister of Home Affairs v. Fourie, South Africa’s highest court ruled that depriving same-sex couples of marriage was unconstitutional. It could have implemented same-sex marriage immediately by reading it into the law, but it chose not to. Instead, it sought to defuse controversy by giving Parliament time to remedy the situation legislatively. Fourie’s grace period complicates prevailing wisdom about grace periods that derives from Brown II. Part I of this Article provides background by comparing remedial grace periods to other judicial delay tactics. -
Homosexuality, Class, Politics and the Lure of Germany in 1930S Writing Author(S): RAINER EMIG Source: Critical Survey, Vol
Berghahn Books Transgressive Travels: Homosexuality, Class, Politics and the Lure of Germany in 1930s Writing Author(s): RAINER EMIG Source: Critical Survey, Vol. 10, No. 3, Literature of the 1930s (1998), pp. 48-55 Published by: Berghahn Books Stable URL: https://www.jstor.org/stable/41556795 Accessed: 22-09-2018 13:38 UTC JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact [email protected]. Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at https://about.jstor.org/terms Berghahn Books is collaborating with JSTOR to digitize, preserve and extend access to Critical Survey This content downloaded from 137.205.19.23 on Sat, 22 Sep 2018 13:38:39 UTC All use subject to https://about.jstor.org/terms Transgressée Travels: Homosexuality/ Class, Politics and the Lure of Germany in 1930s Writing RAINER EMIG 'Berlin meant Boys.'1 Christopher Isherwood's retrospective sum- mary of the appeal of Germany for some of the writers of the 1930s set the tone for the rather limited critical evaluation of a very inter- esting feature of 1930s writing that was to follow. Almost every critical study of Auden, Isherwood and Spender feels obliged to make at least cursory reference to the fact that Germany represented some kind of libidinous homosexual nirvana. A telling example is Valentine Cunningham's British Writers of the Thirties. -
Human Rights and the HIV/AIDS Pandemic
Novogrodsky: The Duty of Treatment: Human Rights and the HIV/AIDS Pandemic Article The Duty of Treatment: Human Rights and the HIV/AIDS Pandemic Noah Novogrodsky t This Article argues that the treatment of HIV and AIDS is spawning a juridical, advocacy, and enforcement revolution. The intersection of AIDS and human rights was once characterized almost exclusively by anti-discrimination and destigmatization efforts. Today, human rights advocates are demanding life-saving treatment and convincing courts and legislatures to make states payfor it. Using a comparative Constitutional law methodology that places domestic courts at the center of the struggle for HIV treatment, this Article shows how the provision of AIDS medications is refraining the right to health and the implementation of socio-economic rights. First, it locates an emerging right to treatment in the global case law and authoritativedecisions of treaty bodies. Second, it argues that the right to treatment has transformed rights discourse, strengthened the conceptual interdependence and indivisibility of all human rights and refrained the role of the judiciary. Third, it contends t Senior Scholar, O'Neill Institute for National and Global Health Law, Georgetown University Law Center, and Visiting Professor, University of Connecticut School of Law, [email protected]. I am grateful for the advice and comments of Lawrence Gostin, Harold Koh, Rick Brooks, Isadora Helfgott, Charles Novogrodsky, Meg deGuzman, Tara Melish, Eric Friedman, Susan Benesch, Vicki Jackson, David Luban, Nina Pillard, Jonathan Todres, Julia Fromholz, Gerald Caplan, Stephen Lewis, Megan McLemore, Joe Amon, Nick Robinson, Katharine Young, Eric Naiman, and Ash Bali. I am also indebted to Lindsay Gastrell, Zeynep Darendeliler, Michael Yedinak and Caitlin Sochacki for their excellent research assistance and to the many Seminario en Latinam~rica de Teoria Constitucional y Politica (SELA) participants for their help in understanding Latin American legal developments. -
The Sodomitic Reputation of Weimar Berlin Gregory Woods
9 The Sodomitic Reputation of Weimar Berlin Gregory Woods Resumo A Berlim da Republica de Weimar tornou-se a cidade europeia, por exceli!ncia, dos sonhos eroticos e dos pesadelos morais. Berlim tornou Sf 0 simbolo tanto das coisas maravilhosas que poderiam ser alcanr;adas se se lutasse por eias, quanta das coisas terriveis que poderiam aeonteeer se nao se lutasse contra elas. A proliferar;ao e a visibilidade da vida homossexual berlinense era tanto uma promessa quanto uma amear;a. 0 legado de Weimar nao foi tanto 0 moralismo vingativo do Nazismo, quanto 0 fervor eficaz com 0 qual a BerUm queer conseguiu se reestabelecer e prosperar depois da guerra, apesar de estar no iwsW epicentro da Guerra Fria. Palavras-chave: Berlim. Homossexualismo. Nazismo. Gragoata Niter6i, n. 14, p. 9- 27,1. sem. 2003 10 Visiting Berlin in 1919 in the aftermath of Germany's defeat in the Great War, Kurt von Stutterheim fOlmd that "all kinds of dubious resorts had sprung up like mushrooms". Censorship had been relaxed, with the result that "Notorious magazines, which no chief of police of former times would have permitted, were sold openly on the Potzdamer Platz". Having already deplored the open display of these lmnamed publications on the streets, Shltterheim could not resist going into the "dubious resorts" to see if they were any less shocking: "An acquaintance took me into a dance-hall where painted men were dancing dressed in women's clothes. I was refused admission to another resort because it was only open to women, half of whom were dressed as men" (STUTIERHEIM, 1939, p. -
Download This PDF File
BOOK REVIEW The Virus, Vitamins & Vegetables: The South African HIV/AIDS Mystery. Edited by Kerry Cullinan and Anso Thorn. Johannesburg: Jacana, 2009. Pp. 232. Price R169.95. ISBN 978-1-77009-691-2. Political power and bad science is never a good combi- He describes the hoops he had to go through, including nation. The Virus, Vitamins & Vegetables is a collection an application to the Constitutional Court with a group of essays that takes a look at the baffling government of activists and medical professionals, just in order to response to the HIV/AIDS epidemic in post-apartheid be able to get on with his job of doctoring. South Africa and ‘the failure of those in powerful posi- tions to acknowledge that a crisis was unfolding ...’. Kerry Cullinan examines the ‘strange bedfellows’ that government chose as experts above internationally At first glance the book could be slightly deceptive renowned South African researchers, clinicians and (candy-coloured pulp-fiction cover, snappy alliterative virologists, in particular the vitriolic, dissident lawyer title, and strap line, ‘The South African HIV/AIDS mys- Anthony Brink. tery’). So you might be forgiven for expecting to settle down with something a bit satirical, perhaps with a Anso Thom and Liz McGregor tell tales of charlatan few swipes at the former Health Minister’s promotion vitamin peddler Mattias Rath and ‘Lazaras programme’ of the antiretroviral properties of beetroot. (liquidised vegetables, lemon juice, olive oil, ProNutro, and a mysterious magic ingredient named African So- The introduction, however, delivers a better clue to its lution) chief, Tine van der Maas.