EmpowermentRemote: A Pilot Project on Video-Based Group Psychotherapy for Refugees

#### Authors

Michael Strupf1, Maren Wiechers1, Andreas Hoell2, Johanna Schneider1, Max Burger1, Peter Falkai1, Malek Bajbouj3, Aline Übleis1, and Frank Padberg1

1 Department of Psychiatry and Psychotherapy, University Hospital LMU Munich, Munich, Germany

<sup>2</sup> Department of Psychiatry and Psychotherapy, Central Institute for Mental Health, Mannheim, Germany

<sup>3</sup> Department of Psychiatry and Psychotherapy, Charité – Universitätsmedizin, Campus Benjamin Franklin, Berlin, Germany

#### Background


**Analysis of the Legal Feasibility of Cooperative Pharmacies in Africa: The Cases of Cameroon and Kenya**

**Willy Tadjudje**

Lecturer at the Faculty of Law/University of Yaoundé II (Cameroon) and Researcher at CRIDES/Catholic University, Louvain-la-Neuve (Belgium)

In all African countries, there are laws governing companies and societies, as well as laws related to the pharmaceutical sector. For this purpose, one or more trained pharmacists may decide to practice the profession on a private basis for the retail distribution of medicines. While some countries allow pharmacists access to all existing corporate forms, others have set limits within the provisions of the pharmacy laws. As a result, in Cameroon, pharmaceutical activity is not allowed under the cooperative society form, even though the law governing cooperative societies states that they may engage in activities in all sectors of human life, including the pharmaceutical sector. More concretely, the Cameroonian Pharmaceutical Act allows only two forms of business corporations (a general partnership or a limited liability company), excluding cooperative societies. In Kenya, on the other hand, the legislator seems more flexible and leaves the choice of the legal form of business for the distribution of medicines to pharmacists, including the cooperative society form. An analysis of the potential of cooperatives suggests that access to quality, low-cost medicines can be more easily achieved in Kenya than in Cameroon since the former country can rely on the cooperative tool.

This assumption (hypothesis) will be discussed throughout the paper.

Willy Tadjudje

Lecturer at the Faculty of Law/University of Yaoundé II (Cameroon) and Researcher at CRIDES/Catholic University, Louvain-la-Neuve (Belgium)


Cooperative Societies Act is silent regarding the spectrum of cooperative activities. In practice, cooperative societies venture into other forms of the business sector. In Cameroon and Kenya, cooperative laws are general and must be coupled with sectoral laws. More concretely, a cooperative pharmacy must apply two sets of rules; on the one hand, the rules of cooperative law and, on the other, the rules related to the pharmacy sector. In Cameroon, the pharmacy business is regulated by Law no. 90- 035 of 10 August 1990 on the practice and organization of the profession of pharmacist (1990 Pharmacy Act). In Kenya, it is the Pharmacy and Poisons Act of 1989, revised in 2012. provided that such a company owns only one pharmacy regardless of the number of pharmacists associated and that the management of the pharmacy is ensured by one of them. The authority referred to in this paragraph shall be granted under the conditions laid down by regulations". As for wholesales, Section 57 (2) of the same Act provides that "Wholesale and wholesale distribution establishments may be incorporated either as a general partnership or as a limited liability company formed between pharmacists". It is clear from these provisions that the cooperative form is excluded. The law refers to two legal forms of organization, thus excluding the cooperative form. A ministerial order was issued in 2017 to supplement the Pharmacy Act and relates to the conditions for granting approvals to Pharmaceutical Wholesale Distribution Companies. Its Article 2(1) provides that "Wholesale distribution companies of pharmaceutical products must be constituted between pharmacists: either in the form of General Partnerships, or in Limited Liability Companies". While the Act provides that "it may", the order is so strict that it is possible to find that it is contrary to the Act and therefore illegal: "Wholesale distribution companies of pharmaceutical products must be constituted between pharmacists: either in the form of General Partnerships, or in Limited Liability Companies". The situation is different in Kenya. The law does not lay down legal forms of organization that are allowed to carry out pharmacy activities. In this regard, and based on Article 21 of the Kenyan Pharmacy Act (related to Bodies corporate), since it does not specify the legal forms of organization authorized in the pharmacy business, it implies that it admits all legal forms of organization, including the cooperative form. Specifically, under Kenyan law, stakeholders can freely establish cooperative pharmacies because the Cooperative Act does not set any limits and the Pharmacy Act does not include any exclusions.

1990 Pharmacy Act in order to admit, or at least no longer exclude, the cooperative form as a legal form authorized to carry out pharmacy activities. Indeed, the AUSCOOP has precedence over Cameroonian laws (national laws) and the latter must be brought into harmony with the provisions of the AUSCOOP.

2. Administrative tolerance towards cooperative pharmacy creation projects pending the revision of the Pharmacy Act.
