The Associated Press - Wednesday June 30, 1999
Sonya Ross, Associated Press Writer

Gore, wary of appearing to be siding with the drug industry in an emotion-laden dispute, wrote to the Congressional Black Caucus' chairman that he does not oppose South Africa's attempts to produce or obtain generic AIDS medicines as long as those efforts do not violate laws protecting patents.

Gore acted after demonstrators from the group ACT-UP began showing up at his campaign rallies, saying Gore was siding with pharmaceutical companies at the expense of Africans with AIDS. It created a policy dilemma for Gore, and aides worried it would haunt his bid for the Democratic presidential nomination.

"I want you to know from the start that I support South Africa's efforts to enhance health care for its people," Gore wrote in last Friday's letter to Rep. Jim Clyburn, D-S.C. "I support South Africa's effort to provide AIDS drugs at reduced prices through compulsory licensing and parallel importing, so long as they are carried out in a way that is consistent with international agreements."

"What does that mean?" asked Dr. Peter Lurie, an activist with Public Citizen who has performed AIDS research in South Africa. He said if Gore is saying that South Africa's law was inconsistent with international law, "then this letter means absolutely nothing."

Gore's letter was prompted by a letter last Thursday from Clyburn, who chairs the black caucus. He asked Gore to state clearly the position he took with South African President Thabo Mbeki regarding South Africa's Medicines Act.

Donna Christian-Green, the Virgin Islands' elected delegate to Congress, had heard AIDS activists' claims that Gore was helping pharmaceutical companies thwart South Africa's efforts to bypass U.S. patent laws so it could get AIDS medicines at a lower cost.

"All of us got a bit concerned. We thought we generally were on the same page with him on this issue," Clyburn said. He said he thought the AIDS activists had unfairly targeted the vice president, and now feels "my suspicions as to what this was all about seem to have been well-placed."

Chris Lahane, a Gore spokesman, said, "This is one of those situations where emotions are obscuring what the real information is. The vice president supports efforts to provide South Africa with AIDS drugs at reduced prices. He's working to create a framework to make that happen."

Christian-Green, a family physician for 21 years, said the caucus was satisfied with Gore's explanation. "We would hate to have the ACT-UP groups turn voters away from a person who would be a good candidate," she said.

Nevertheless, ACT-UP promised to keep protesting and said it would challenge other presidential candidates on the issue too.

"This statement is smoke and mirrors. We want action," said Asia Russell of ACT-UP Philadelphia, which amassed 400 protesters outside a Gore event Monday. "We plan to continue our work against Gore until he does more than simply issue a statement about this yearlong effort ... to do the dirty work of the pharmaceutical industry."

South Africa's 1997 law granted the government unspecified power to obtain cheaper AIDS drugs for the country where more than 3 million people are HIV positive and 2.5 million children are expected to be orphaned because of the virus over the next 10 years.

About 40 pharmaceutical companies in South Africa, Europe and the United States are challenging the law in South African courts, fearing it may be used in a way that violates patent rights.

Gore said in his letter that the Clinton administration expressed concerns about the law's vagueness and asked the South African government to assure it would "not undermine legal protections" for patent holders.

According to Gore aides, the misunderstanding began in February after the State Department submitted a report on U.S. efforts to get the Medicines Act amended. A provision inserted into last year's budget required the report as a condition for releasing U.S. aid to South Africa.

In April, pharmaceutical industry representatives asked Gore to push for a tougher trade designation for South Africa because of the Medicines Act dispute. Gore declined, and urged the U.S. trade representative to reject the industry's recommendation.
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