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India and China conducted the 30th meeting of the Working Mechanism for Consultation and Coordination on India-China Border Affairs (WMCC) in New Delhi.

30th round of border talk held between India and China

• The two countries have been holding Corps Commander levels and the WMCC talks at the military and diplomatic levels as part of efforts to resolve the stand-off along the LAC in eastern Ladakh. 
  • The 21st round of Corps Commander talks were held in February
• Focus Area: The talks focussed on finding an early resolution of the stand off  along the Line of Actual Control (LAC) in eastern Ladakh and remaining issues to stabilize and rebuild bilateral relations
• Joint Statement: Both the countries agreed on the need to jointly uphold peace and tranquility on the ground in the border areas in accordance with relevant bilateral agreements, protocols and understandings reached between the two governments
• Indian Position: India maintained that restoration of peace and tranquility, and respect for the LAC are “essential basis” for restoration of normalcy in bilateral relations.

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Border Dispute Settlement Mechanisms between India and China

• Agreement on the Maintenance of Peace and Tranquility along the Line of Actual Control: The agreement provides a framework for border security between the parties until final determination is made regarding border demarcation.
  • The parties agree to reduce troop levels compatible with friendly and good relations between them. 
  • Confidence Building Measures: The Parties agreed  to undertake confidence building measures along the LAC  including by providing notification of troop movements.
• The Agreement on Military Confidence Building Measures 1996: The agreement opened with a mention of the five principles of peaceful coexistence
  • Share Military deployment details: It aims to limit the military deployment and sharing of details on how to deal with military exercises, air intrusions, overflights and landings by military aircraft near the LAC. 
  • It aims to prevent “dangerous military activities” near LAC, covers CBMs such as “flag meetings and telecommunications” and deals with the accidental crossing of the LAC. 
  • Perception of LAC: Article 10 of the agreement mentioned the exchange of maps between the two countries to address the differing perception of LAC.
• The Border Defence Co-operation Agreement 2013: The Agreement covers border stability and security, information asymmetry, smuggling, socio-economic reconstruction, environment and disease transmission along the line of actual control.

India-China Border Dispute

• Border Dispute: India’s border dispute with China is the most complex and longstanding one, involving an ill-defined, 3,440 km-long Line of Actual Control (LAC) that runs along the Himalayan region. 
• The dispute stems from the legacy of British colonialism and the 1962 Sino-Indian War.
• Standoffs: The two countries have had several clashes and stand-offs along the LAC, most notably in 1967, 1987, 2013, 2017 and 2020-2021.
  • Doklam: Chinese Incursion in the Doklam area in 2017 again ignited the border standoff between the countries which is still continuing
  • The latest conflict in the Galwan Valley in June 2020 was the first fatal confrontation between the two sides since 1975, killing at least 20 Indian and four Chinese soldiers.
  • Till date more than 50,000 troops on each side are stationed on both sides of the border.
• Key Disputed Areas: The Indian Military has divided the Line of Actual Control into 3 sectors,
  • The Western Sector: It spans across Ladakh and the Chinese-held Aksai Chin and is a 1,597 km-long LAC. The patrolling is done till 65 earmarked Patrol Points (PPs) stretching from Karakoram to Chumur.
    • The recent dispute points occurred at PP9, 10, 11, 12, 12A and 13 in Depsang, PP14 in Galwan, PP15 and PP16 in Hot Springs/ Chang Chenmo, and PP17 and 17A in Gogra
  • The Central Sector: It Spans across  Himachal Pradesh and Uttarakhand and is the least contentious area between the 2 countries but consist of  certain flashpoints like Tashigang-Shipki La in Himachal, Sang-Nelang-Pulam Sumda and Barahoti in Uttarakhand.
  • The Eastern Sector: It comprise sites such as Namkha Chu, Sumdorong Chu, Fish Tail 1 and Dibang valley in Sikkim and Arunachal Pradesh. Although China claims the entire Aunanchal Pradesh Territory as its integral part. 
• The two countries have also been competing to build infrastructure and assert their claims along the border, which has increased the risk of escalation.

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Wayanad, Kerala (which was struck by  a deadly landslide event taking almost 200 lives)  was ranked 13th on Indian Space Research Organisation (ISRO) ‘Landslide Atlas of India’ prepared  in 2023 based on exposure to landslides in terms of key socio-economic parameters. The Landslide Atlas of India created by ISRO, identifies 147 high-risk districts across 17 states & 2 UTs. Northwest Himalayas (66.5%), Northeast Himalayas (18.8%), and Western Ghats (14.7%) are most prone.

Landslide in Wayanad

• Massive landslides struck between 1:30 a.m. and 4 a.m the villages of Mundakkai, Chooralmala, Attamala, and Noolpuzha in the Wayanad District of Kerala killing atleast 256 people and injuring over 200 and  wiping entire villages off the map.
  • The Landslide is touted as the worst landslide calamity to have struck the State of Kerala till date.
• The landslide was  triggered by excess precipitation at Mundakkai in Mepadi panchayat, Wayanad.
• Magnitude: The landslide’s magnitude was such that, it spewed debris and water as far as six to seven kilometres down the valley and the heavy water surge from the hilltop altered the small Iruvazhinji river
  • In normal landslides, the debris flow would be limited to 1–1.5 km, 
• High-Susceptibility Zone: The area is considered a high-susceptibility zone by the GSI for landslides after the 2019 landslide at Puthumala, hardly 5 km away.

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Landslide Atlas of Kerala

• Kerala saw the largest number of landslides 2,239 most of which occurred after the disastrous 2018 floods in the state, the highest in the country as per GSI Database.
• Top Landslide prone districts of Kerala include Thrissur, Palakkad, Malappuram and Kozhikode ranking  third, fifth, seventh and tenth respectively in the Landslide Atlas of India 
• Other Districts of Kerala: Ernakulam district in Kerala ranked 15th, Idukki 18th and Kottayam, (24th), Kannur (26), Thiruvananthapuram (28), Pathanamthitta (33), Kasaragod (44), Kollam (48) and Alappuzha (138).
• Compliance Audit Report of the CAG 2022: Forest land of Wayanad district reduced to 863.86 sq km in 2021 from 1,811.35 sq km in 1950 (a reduction of 947.49 sq km) leading to fragmentation of the once continuous vegetation cover, as per the Management Plan of Wayanad Wildlife Sanctuary

The Landslide Atlas of India

• The Atlas has assessed and ranked 147 landslide prone districts in 17 States and two Union Territories of India 
  • The database covers landslide-vulnerable regions of India in the Himalayas and Western Ghats
• Prepared By: The Landslide Atlas of India is prepared by the National Remote Sensing Centre, in February 2023 .
  • NRSC has prepared landslide hazard zonation (LHZ) map and Atlas  on 1:25000 scale
• Data Source: Satellite data of high to very high resolution nature were extracted from IRS-1D PAN+LISS-III, Resourcesat-1, 2 and 2A LISS-IV Mx, Cartosat-1 and 2S and aerial images were used in the mapping of landslides.
• Landslide Inventories: The database  mainly contains three types of inventory ie. seasonal, event-brd and route-wise  landslide inventories for the 1998-2022 period showing the hotspot areas.
• • The inventory database is available in a web GIS platform in the Bhuvan portal. 
  • Geospatial landslide inventory database consist of approximately 80,000 mapped  landslides in India under the  (DMS)Disaster Management Support programme
• Most Landslide Prone District: Rudraprayag in Uttaranchal was ranked first in the Landslide Atlas
• Vulnerability: 
  • The inhabitants and households of the Western Ghats are more vulnerable to landslides due to the very high population and household density, especially in Kerala.
  • Western Ghats in absolute terms however has fewer landslides incidents than in the Himalayan regions.
  • Steep escarpments of the Western Ghats record occurrences of landslides, but these are primarily controlled by the soil cover on the slopes.

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The Supreme Court has refused to reconsider its April 2020 verdict quashing the government’s proposal to enable 100 per cent reservation to local Scheduled Tribes (STs) for teachers’ posts in the Scheduled Area of united Andhra Pradesh. 

• The Review Petitions were filed by both the Telangana and Andhra governments as well as some tribal groups.

Background of The Litigation

• Initial Government Order: The Governor of United Andhra Pradesh in exercise of powers under 5(1) of Fifth Schedule to the Constitution had issued an order in 1986 reserving teaching posts in educational institutions of the Scheduled Area for STs only.
• The order was quashed by the Administrative Tribunal in 1989. 
• A parallel litigation: 
  • The Government then Issued another Order allowing non–tribals to hold the posts of teachers till such time qualified local tribals are available. 
  • This Order was challenged through a Writ Petition  filed by non-tribal teachers when their services were terminated in 1993.
  • The Single Bench of the High Court of Andhra Pradesh quashed the order in 1996.
  • The Government Order was upheld by a Division Bench in a Writ Appeal filed by the government in 1997, But The Supreme Court nullified it again in the favour of the non-tribal appointees in 1998.  

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• Fresh Notification: The Government of Andhra Pradesh again notified in 2000 under 5(1) of the Fifth Schedule providing 100 per cent reservation to local STs for teaching posts in the Scheduled Area.
• Final Supreme Court Order: A five-judge Bench of the Supreme Court in 2020 struck down the order while staying the tribal teacher appointments already made with a warning to both state governments to not attempt a similar exercise in the future.
  • Snippets of The Ruling: 
    • The governor’s power under Para 5(1) of Fifth Schedule is limited only to modify the laws made by Parliament or state legislatures. 
    • This power does not extend to the subordinate legislations covered by Article 309 of the Constitution in relation to the condition of recruitment and public services of persons in the state.
    • Limitations of Governor Power: The Governor cannot override the fundamental rights guaranteed under Part III of the Constitution or the Presidential order Article 371D which provides reservation in direct recruitment for local candidates. 
    • Illegality of 100% Reservation: The 100 per cent  quota in jobs for local tribals is impermissible as the outer limit for Reservation  is 50 per cent as specified in the Indra Sawhney case 1992

Impact of The Ruling

• Acted as a Precedent: The Supreme Court Ruling led to the overturn of the reservation rule in Chhattisgarh State (Nandakumar Gupta Vs State of Chhattisgarh 2022) and Jharkhand State (Satyajit Kumar vs The State Of  Jharkhand in August, 2022 by Supreme Court) made to benefit the STs.
• Tribal Alienation: The Ruling can aggravate the problem of tribal land and resource alienation as government records show that already more than 50 per cent of land is held by non-tribals in the Scheduled Area of united Andhra Pradesh. 
  • The tribal protective Land Transfer Regulations 1 of 70 in both Telangana and Andhra prohibits transfer of land in favour of non-tribals, either from tribals or non-tribals, in the Scheduled Area.
• Catalyse Demographic Change: The ruling can bring a radical demographic change in the tribal and non-tribal population in the Scheduled Area, which would invariably lead to the demand for de-scheduling of the area, making STs vulnerable in their own land.
• Ignoring the Intent of the Legislation:  The Intention behind the Order is to overcome the issue of Teacher Absenteeism and improve the literacy levels of STs by making local tribal teachers available, who will teach the children in their language and idioms known to them, aligning with local traditions and cultural context.
• Stalling Socio Economic Progress: The situation may also stand in the way of taking up other socio-economic development schemes for STs leading to a tense situation in the hypersensitive areas.

Remedies Available before the State Governments

• Curative Petition: It is the final legal recourse against the dismissal of the review petitions in The Supreme Court.
• Legislative Route: A new law repealing section 5(2) of Fifth Schedule of the Constitution is needed to empower the governor to promulgate a regulation to maintain peace and good governance in the Scheduled Area, with the assent of the President of India to provide 100 per cent quota in jobs to the local STs. 
  • The Tribes Advisory Council in Andhra Pradesh has already passed resolutions in its 111th, 112th and 113th meetings held between 2020 and 2022 recommending to bring a new law under 5(2) of Fifth Schedule to safeguard the interest of tribals.
• Amend Article 371 D: The Government of Andhra Pradesh on the request of itsTribal Welfare Department drafted a new regulation and also a presidential notification to amend the Article 371 D of the Constitution to provide special quota for local tribes in the Scheduled Area of the state. 

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Recently, More than 50 people were killed after landslides swept through tea estates and homes in Kerala

What is Landslide?

• Landslides: Sudden movement of rock, boulders, earth or debris down a slope is termed a landslide.
• Factor: When the pull from gravity exceeds the strength of the geomaterial forming the slope of a hill or mountain.

Reason for Landslides – Human Pressure

• Due to Natural Factors: Occurs mainly in mountainous terrains where there are conducive conditions of soil, rock, geology and slope. 
  • Natural causes that trigger it include heavy rainfall, earthquakes, snow melting and undercutting of slopes due to flooding. 
• Due to the Anthropogenic activities:  Such as excavation, cutting of hills and trees, excessive infrastructure development, and overgrazing by cattle
  • Excess Load: The risk from landslides has been exacerbated by the failure to remain mindful of the terrain’s ability to withstand the load.
  • Lack of Regulations: Many hilly areas do not have building regulations. Often, regulations are not implemented effectively.
  • Construction and Development: New constructions, infrastructure development, and even agricultural practices can increase the risk of landslides.
  • Exceeding Carrying Capacity: Every mountainous area has a carrying capacity. Development is essential, and one cannot stop the creation of infrastructure or new facilities or economic activity for local populations.
    • But these have to be regulated. Sustainability has to be factored in, so that the load does not exceed the carrying capacity.
    • This is where zoning regulations come in. These have to be finalised and implemented strictly.

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Landslide Concerns & Vulnerability

India is among the top five landslide-prone countries globally, where at least one death per 100 sq km is reported in a year due to a landslide event.

• According to the Geological Survey of India (GSI), About 0.42 million square km of India’s landmass, or about 13% of its area, spread over 15 states and four Union Territories, is prone to landslides 
• This covers almost all the hilly regions in the country. 
  • North Eastern States: About 0.18 million square km, or 42% of this vulnerable area is in the Northeastern region, where the terrain is mostly hilly.
  • Between 2015 and 2022, the eight states in this region, including Sikkim, recorded 378 major landslide events which resulted in loss of life or damage to property. 
• These events constituted 10% of all major landslides in India during this period.
• In the country as a whole, Kerala saw the largest number of landslides 2,239 most of which occurred after the disastrous 2018 floods in the state. 

Why is it difficult to predict landslides?

• Complexity of Geomaterials: Underneath the ground, geomaterials consist of multiple, intertwined layers of various rocks and particulate materials like sand, silt, and clays. 
  • Their strength can vary significantly, from a factor of one to 1,000, and their spatial distribution influences slope stability.
• Incomplete Data and Uncertainty: Accurate slope stability assessment necessitates three-dimensional mapping of these materials and their strengths. 
  • No sensor can provide this comprehensive information that forces geologists and geotechnical engineers to rely on partial data from select locations and extrapolate it to the entire slope.
• Runout Distance and Safe Zones:  While it is known that larger landslides have longer runout distances, predicting the exact size of a landslide is difficult, making the determination of runout distances and safe zones uncertain. 
• Timing of Landslides: To Determine when a landslide will occur is also uncertain. 
  • Only Mechanical analysis can estimate the vulnerability of a slope under specific scenarios, including earthquake magnitude and groundwater distribution. 
  • However, To predicate the timing of these triggers is as challenging as predicting weather and seismic activity.

Anthropogenic Reasons for Extreme Weather Conditions in India: 

1. Greenhouse Gas Emissions:

• Burning of Fossil Fuels: The combustion of coal, oil, and natural gas for energy and transportation releases large amounts of carbon dioxide (CO2) and other greenhouse gases (GHGs) into the atmosphere.
• Industrial Activities: Manufacturing and industrial processes contribute significantly to GHG emissions.
• Effect: 
  • Glacial Lake Outburst Floods: GLOF events have increased due to rising global temperatures as Warmer temperatures can weaken the ice or sediment barriers holding back the water, making them more susceptible to breaking.
    • According to a 2021 study titled ‘Locked Houses, Fallow Lands: Climate Change and Migration in Uttarakhand, India’: The hill’s annual average maximum temperature may increase by 1.6-1.9 degrees Celsius.
    • This temperature rise is projected to occur between the years 2021 and 2050.
  • Heatwave: For every region, a heatwave is determined based on the degree of difference from its usual temperatures. 

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2. Deforestation and Land Use Changes:

• Deforestation: The clearing of forests for agriculture, urban development, and logging reduces the Earth’s capacity to absorb CO2, exacerbating global warming.
• Agricultural Practices: Intensive farming practices, including the use of synthetic fertilizers and pesticides, contribute to nitrous oxide emissions, a potent greenhouse gas.
• Effect:
  • Flooding: Loss of natural vegetation and increased impervious surfaces hinder infiltration, causing rapid runoff and overwhelming drainage system
  • Example:  According to the ICED 2022 report, the country has experienced a significant increase in annual runoff by approximately 1.3 billion cubic meters due to reduced infiltration and increased surface runoff.

3. Urbanization:

• Urban Heat Islands: Rapid urbanization leads to the creation of heat islands, where concrete and asphalt absorb and re-radiate heat, increasing local temperatures.
• Water Management: Poor urban planning and inadequate drainage systems exacerbate the impacts of heavy rainfall, leading to urban flooding.
• Effect: 
  • Flooding: The major cause of frequent urban floods is unplanned urbanization. 
    • The State of Kerala, Madhya Pradesh, Karnataka, Maharashtra and Gujarat were the most severely affected. 

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4. Industrial and Agricultural Pollution:

• Air Pollution: Emissions from industries, vehicles, and agricultural burning contribute to air pollution, which can influence weather patterns and increase the severity of weather events.
• Water Pollution: Industrial discharge and agricultural runoff contaminate water bodies, affecting the hydrological cycle and contributing to extreme weather events.

5. Unsustainable Water Management

• Overextraction of Groundwater: Excessive extraction of groundwater for agriculture and domestic use can lead to depletion of water tables, contributing to drought conditions.
• Inefficient Irrigation: Traditional and inefficient irrigation practices lead to water wastage and reduced resilience to droughts.

Way Forward: Mitigating and Adapting to Extreme Weather Conditions

• Urban Planning and Infrastructure Development:
  • Resilient Infrastructure: Build and upgrade infrastructure to withstand extreme weather events, such as flood-resistant buildings and efficient drainage systems.
  • Green Spaces: Incorporate green spaces and urban forests to mitigate the urban heat island effect.
• Water Resource Management:
  • Integrated Water Management: Implement integrated water resource management practices that ensure the sustainable use of water resources.
  • Rainwater Harvesting: Promote rainwater harvesting and groundwater recharge to enhance water availability during dry periods.
• Disaster Preparedness and Response:
  • Early Warning Systems: Develop and deploy early warning systems for floods, cyclones, and droughts to enhance preparedness and minimize damage.
  • Community-Based Approaches: Empower local communities with the knowledge and tools to respond effectively to extreme weather events.
• For Glacial Lake Outburst: 
  • Controlled Breaching of Moraine Dam: Intentional Breaching of moraine dam controls water release from the glocal lake. 
  • Construction of Outlet Control Structure: This technique includes building an outlet control structure. This structure helps to regulate water and controls water release. 
  • Pumping or Siphoning Water: Using pumps to reduce water helps to control water volume. In this way, it reduces hydrostatic pressure on the moraine dam which further reduces GLOF event. 
  • Tunnelling Through Moraine Barrier or Under Ice Dam: This technique provides an alternative path for water to flow, leading to reduction in sudden outburst of GLOF events. 

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India’s major mineral imports – mostly non-critical rose 80% over five years to ₹68,633 crore in FY24. 

• Imports, however, dipped 2% on a Year-over-year (YOY) basis from ₹70,125 crore. Imports stood at ₹38,604 crore in FY19.
  • Year-over-year (YOY) is a financial term used to compare data for a specific period of time with the corresponding period from the previous year.

Data on Major Mineral Imports Of India

These major minerals include copper ore concentrates, phosphorite, manganese ore, limestone, iron ore, bauxite, asbestos, sulphur, magnesite, and fluorspar, among others. These ten minerals account for 97% of the import of mineral minerals

• Import Data in Terms on Volume: India’s imports of these ten major minerals increased 9% over a 5% period to 619.42 lakh tonnes from 570.34 lakh tonnes and 17% y-o-y from 528.25 lakh tonnes.
  • In terms of volume, limestone imports were the highest at 338.09 lakh tonnes – 55% of the total, followed by phosphorite at 55.98 lakh tonnes – 14%.
• Highest Contribution: Copper ore concentrate imports continue to be the highest, accounting for ₹25,951 crore – or nearly 40% of the total import of major minerals in FY24. 
  • • Imports more than doubled in five years, from ₹12,146 crore.
  • This was followed by phosphorite, ₹12,649 crore – or nearly 20% of the total. 
    • Imports also doubled in five years from ₹5,625 crore
  • Manganese ore, limestone and bauxite were the other three big imports at ₹7,760 crore, ₹6,616 crore and ₹4,397 crore, respectively. 
  • Iron ore imports have, however, decreased, while manganese ore and bauxite shipments increased 60–80% between FY19 and FY24.
• Import of Critical Minerals: Critical mineral import in 24 categories – apart from lithium-ion and copper – for FY24 was ₹35000 crore, and in volume terms was 82,260 tonnes.
  • Import Data: Rock phosphate imports were the highest in value at over ₹12,600 crore, followed by nickel ore at ₹6,557 crore -odd. Lithium-bearing mineral imports were close to ₹9,00 crore. (Lithium-ion imports are reported separately).
  • Reserves and Significance: Globally the reserves of Critical minerals are mainly concentrated in Australia, Argentina, China, Chile, Canada, Congo, Mozambique, South Africa etc.
    • These critical minerals, most have negligible reserves in India, include beryl and beryllium, cadmium, cobalt, gallium, glauconite, graphite, indium, lithium (bearing minerals), molybdenum, nickel ore, rock phosphate, platinum group of minerals, potash, rare earth elements, rhenium, selenium, tantalum, titanium, tin, tungsten, vanadium and zirconium.
    • These critical minerals remain critical to India’s green transition, with lithium being the key element finding usage in energy storage solutions.

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Researchers at The CSIR-Institute of Genomics and Integrative Biology, New Delhi and the L. V Prasad eye institute have engineered new versions of an enzyme that can make CRISPR based technology more precise.

About The Research

• Researchers are exploring Cas9 enzymes from Francisella novicida bacteria (FnCas9) and  modified and engineered new versions of FnCas9.
• Objective: To overcome the issue of the “off-target” effects  of CRISPR-Cas9 system, whereby it can recognise and cut parts of the genome other than the intended portion also.
  • Such  “off-target” effects are more common when using the SpCas9 enzyme derived from Streptococcus pyogenes bacteria. 
• Process: The researchers tinkered with amino acids in FnCas9 that recognise and interact with the PAM sequence on the host genome to increase the binding affinity of the Cas protein with the PAM sequence.
  • The Cas9 can then sit on the DNA in a stronger configuration, and the gene editing becomes much more effective.
• Experiment: 
  • Precision in Gene Editing: The researchers used enhanced FnCas9 to edit the genome of human kidney and eye cells grown in lab dishes. The enzyme  not only edited genes in these cells at a better rate than did SpCas9, it also showed negligible off-target effects.
  • Treating Genetic Disorders: The Researchers tested the enzyme’s efficiency at correcting a genetic mutation that causes Leber congenital amaurosis type 2 (LCA2), a form of inherited blindness.
    • Leber congenital amaurosis type 2: A single mutation in the RPE65 gene results in the loss of expression of a protein called retinal pigment epithelial-specific (RPE65), resulting in severe vision loss.
  • Future Scope: The team’s next assignment is to work on adapting the system to different delivery methods as well as reducing the size of the enFnCas9. 
    • Scaling up the Technology: The team plans to scale up and manufacture therapeutic solutions for multiple genetic disorders by licensing the technology to Indian companies.

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Significance

• Enlarged Scope for Gene Editing: The researchers also engineered the enhanced FnCas9 to be more flexible and edit the otherwise harder regions of the genome opening  up more avenues for gene editing.
• Increased Detection and Precision: An enhanced FnCas9-based diagnostic could target almost twice the number of changes compared to FnCas9, increasing the scope of detecting more disease-causing genetic changes
• Effective Tool in the Treatment of Inherited Blindness Conditions: The researchers delivered a CRISPR system with the enhanced FnCas9 enzyme to correct the mutation responsible for low levels of the RPE65 protein.
  • When the edited cells were sequenced it was found that the CRISPR tool had corrected the mutation showing normal levels of the RPE65 protein.
  • Some reports suggest that such person-specific retinal cells can be transplanted back into a person to treat inherited blindness conditions like LCA2.
• Avenues for Affordable Therapeutics: An indigenous intellectual property for such a high precision editor, puts India in a better position to develop newer therapeutics at affordable costs for people in low- and middle-income countries.

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After two years of political negotiations, 194 World Health Organization (WHO) member states failed to finalise a historic Pandemic Agreement

• It was an  international treaty designed to fortify global pandemic preparedness, implement mechanisms for prevention of the same, and reduce unconscionable inequities that were painfully obvious during the COVID-19 pandemic.

About WHO Pandemic Treaty

• Existing Mechanism: WHO already has binding rules known as the International Health Regulations (2005) which set out countries’ obligations where public health events have the potential to cross national borders. 
  • These include advising the WHO immediately of a health emergency and measures on trade and travel.
• Background of WHO Pandemic Treaty: In March 2021, an extraordinary call for a pandemic treaty was issued by 25 heads of government and international agencies, marking a pivotal moment in global health governance.

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Why did WHO’s Member States decide to create an accord for pandemic preparedness and response?

• Limitations of International Health Regulations: The existing International Health Regulations are already legally binding. However, they failed to prevent unjust travel or trade restrictions, and hoarding of vaccines and other medical countermeasures during the COVID-19 pandemic.
• Draft & Negotiation: In light of the impact of the COVID-19 pandemic, WHO’s 194 Member States established a process to draft and negotiate a new convention, agreement, or other international instrument on pandemic preparedness and response. 
• Need: This was driven by the need to ensure communities, governments, and all sectors of society are better prepared and protected, in order to prevent and respond to future pandemics.
  • The great loss of human life, disruption to households and societies at large, and impact on development are some factors cited by governments to support the need for lasting action to prevent a repeat of such crises.
• Balancing:  To ensure equity in both access to the tools needed to prevent pandemics (including technologies like vaccines, personal protective equipment, information and expertise) and access to health care for all people.

Key Developments at the 77th World Health Assembly (WHA)

Under the theme “All for Health, Health for All,” discussions were centered around the World Health Organization (WHO) new strategy for global health 2025-2028. 

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Few Notable Changes proposed are: 

• Amendments to International Health Regulations (IHR) 2005: 
• • Key Changes: The IHR amendments aim to enhance the ability of countries to prepare for and respond to Public Health Emergencies of International Concern (PHEIC) and introduce a new category for urgent international response — a Pandemic Emergency (PE). 
  • AIM: The amendments aim to ensure equitable access to health products during health emergencies and to mobilise financial resources to support developing countries in building and maintaining core health system capacities required under the IHR. 
    • National IHR: It mandates the creation of a National IHR Authority for better coordination.
  • Pandemic Emergency: It include the definition of a Pandemic Emergency, which represents the new highest level of alarm contained within the IHR and available for use by the WHO Director-General.
    • AIM: A Pandemic Emergency aims to trigger a more effective international collaboration in response to events that are at risk of becoming, or have become, a pandemic.

• INB: The 77th WHA extended the mandate of the Pandemic Treaty negotiating body, namely, the intergovernmental negotiating body (INB), stipulating that the proposed WHO Pandemic Agreement must be completed as soon as possible. 
  • Outcome to be discussed in 78th WHA: The outcome should be submitted for consideration at the 78th World Health Assembly in May 2025, or earlier if possible, at a Special Session of the World Health Assembly in 2024.

Contentious Issues in the Pandemic Agreement

Three key contentious issues in the latest draft of the Pandemic Agreement remain significant obstacles to its adoption: 

• Pathogen Access and Benefit Sharing (PABS) System:
  • AIM: To ensure that genetic resources and pathogen samples shared from developing countries (which are the most likely sources for such pathogens), are reciprocated with corresponding benefits such as vaccines and diagnostics that result from research and development on samples and data provided from the Global South.
    • Article 12: Pathogen Access and Benefit Sharing (PABS) system in Article 12, often seen as the “heart” of the agreement.
  • Latest Proposal – Donating a portion: Manufacturers of vaccines and diagnostics  primarily based in wealthy countries which are using genetic information from pathogens in low- and middle-income countries, would commit to donating a portion of their products to WHO for global distribution based on the principles of need and effectiveness.
  • Contention:
    • Low- and middle-income countries (LMICs) seek at least 20% of shared pandemic products.
    • High-income countries propose 20% as the maximum limit; some do not agree to even this.
• Technology Transfer and Intellectual Property:
  • Articles 10 and 11: Division over governance of production and technology transfer, and its implications on intellectual property, outlined in Articles 10 and 11
  • Challenges:
    • Reason for Vaccine Inequity: Intellectual property protections, export restrictions, and manufacturing limitations led to vaccine inequity during COVID-19.
    • Strong provisions for technology transfers and local production needed for self-sufficiency of LMICs.
  • Lack of consensus:
    • Technology Transfer Provision: The central issue is the conditions for technology transfer to “facilitate sustainable and geographically diversified production” through mechanisms such as product information sharing and use of WTO- Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) flexibilities such as compulsory licensing. 
    • No Consensus: There remains a lack of consensus on the transfer of ‘know-how’ and the binding nature of these transfers. 
    • High-income countries: They advocate for Voluntary and Mutually Agreed Terms (VMAT), but the use of VMAT language could discourage countries, particularly LMICs, from adopting mandatory approaches recognised under the TRIPS Agreement.
    • Disagreement on Peace Clause: Peace clause requires member states to respect the use of the TRIPS flexibilities and not exercise any direct or indirect pressure to discourage the use of such flexibilities.

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• One Health Approach:
  • One Health: It is an integrated, unifying approach that aims to sustainably balance and optimize the health of people, animals and ecosystems.
  • Draft Agreement: It requires member states to adopt a pandemic preparedness and surveillance approach that recognises the interconnection between the health of people, animals, and the environment 
    • It promotes a coherent, integrated, coordinated, and collaborative effort among all relevant organisations, sectors, and actors, as appropriate. 
  • Challenges:
    • High-income countries: Particularly the European Union, strongly supports One Health. 
    • LMICs: They view it as an unfunded mandate that imposes an additional burden on their already strained resources

Other Concerns Related to the WHO Pandemic Agreement

• Enforcement and Compliance: The enduring obstacle in international law is its enforcement
  • Lack of Robust Mechanism: International law often lacks robust enforcement mechanisms, leading to concerns about real accountability.
  • Monitoring and Evaluation: The effectiveness of the proposed Conference of Parties (COP) in ensuring compliance remains uncertain.
• Equity and Solidarity
  • Global North vs. Global South: Geopolitical discord and competing interests between higher- and lower-income countries hinder consensus.
  • Historical Inequities: Past experiences, like the COVID-19 pandemic, highlighted severe inequities in treatment access and vaccine distribution, raising skepticism about future commitments.
• National Sovereignty: Countries prioritize their sovereignty and may resist external interference or mandatory compliance measures imposed by international agreements.
• Financial Resources and Support: Ensuring equitable access to health products and supporting developing countries in building and maintaining health system capacities require significant financial resources.
• Sustainability: Long-term sustainability of the agreement’s provisions is a concern, particularly for low- and middle-income countries.
• Long-Term Access and Self-Sufficiency
  • Dependency on High-Income Countries: Developing countries’ reliance on “charity” from wealthier nations for medical products is seen as unsustainable.
  • Manufacturing Capacities: The need for diverse and geographically dispersed manufacturing capacities to ensure long-term access to medical products.

Way Forward

• Mutual Solidarity: Achieving global health security requires mutual solidarity and cooperation, recognizing that health threats do not respect borders. Countries must prioritize collective interests over individual gains.
• Diplomatic Efforts: Skilled diplomacy is essential to bridge gaps between countries’ interests and foster a cooperative spirit for the effective implementation of the Pandemic Agreement.
• Incentives and Support Mechanisms: Providing incentives for compliance, such as financial aid, technical assistance, and capacity-building support, can encourage adherence to the agreement. 
  • However, securing sufficient resources and equitable distribution of support poses difficulties.
• Strengthening International Institutions: Empowering international health institutions with greater authority and resources can enhance their capacity to enforce compliance and support member states in meeting their obligations.
• Strengthening Enforcement Mechanisms
  • Robust Compliance Framework: Develop a more stringent compliance framework to ensure member states adhere to the treaty’s provisions.
  • Regular Monitoring: Establish frequent and transparent monitoring mechanisms to track the progress of implementation.
  • Penalties for Non-compliance: Introduce penalties for countries that fail to comply with the treaty to ensure accountability.
• Monitoring and Evaluation Systems: An inclusive, transparent, and effective monitoring and evaluation system is crucial for accountability. 
  • However, designing and implementing such a system that is acceptable to all member states remains a significant challenge.
• Capacity Building in Low- and Middle-Income Countries (LMICs):
  • Technical Assistance: Provide technical assistance to LMICs to build their healthcare infrastructure and response capabilities.
  • Training and Education: Implement training programs to enhance the skills of healthcare workers in LMICs.
  • Infrastructure Development: Invest in healthcare infrastructure to ensure LMICs are better prepared for future pandemics.
• Conference of Parties (COP): The Pandemic Agreement proposes the establishment of a COP to monitor implementation and review compliance every five years. 
  • However, the effectiveness of this body depends on its authority, resources, and the willingness of member states to cooperate.

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Conclusion

• A core aim of the Pandemic Agreement — beyond ensuring the immediate availability of medical products during emergencies — should be to promote long-term and sustainable access to these products by diversifying production and enhancing regional manufacturing capabilities
• The coming months of negotiations are crucial. This treaty is not just for the next pandemic but also serves as a blueprint for a more equitable and resilient global health system.

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