The Political Economy of Rights to the COVID-19 Vaccine in Southern Africa

ABSTRACT

Access to vaccine and medical technologies is a right derived from the right to health as enshrined in the International Covenant on Economic, Social, and Cultural Rights and other international and national conventions. However, there is a void between the commitment in principle to enhancing this access as part of the right to benefit from scientific progress on the one hand, and technical considerations surrounding universal access to health goods on the other hand. In Southern Africa, studies on the COVID-19 vaccine focused on how the international community has failed to commit itself to helping developing countries in providing aid towards vaccine procurement. Little effort has been directed at exploring alternatives to the manufacturing of generic vaccine. The study aimed to explore the possibilities of increasing the availability of generic vaccines in Southern Africa. An exploration of the potential of state institutions together with Africa-based pharmaceutical companies to ascertain the possibility of carrying out the task of manufacturing the vaccine was done. This was done through document analysis from literature that has been published on vaccine production of even other diseases as well as that of COVID-19. Literature comprised of official documents, academic publications as well as company documents. In addition to that, an analysis of documents on the enabling legal framework was also conducted. Through document analysis, national medicine policies that were reviewed indicated that although health is a constitutional right, the drafting of it did not factor the element that lack of access to vaccines seriously compromise the right to health. There was inadequate availability of human expertise, while commitment at national level was insignificant. On the enabling legal framework, it was noted that the World Trade Organisation, Trade Related Aspects of Intellectual Property also created inequality of access by prioritising intellectual rights more than access to health. Given the lack of expertise, insignificant national commitment, and promotion of the rights to health in some Southern African states, a higher mortality risk is imminent. Hence the need for a comprehensive establishment of equitable access to COVID-19 vaccine in Southern Africa countries.