Context

The ninth session of the Intergovernmental Negotiating Body (INB), marking the concluding phase of discussions for the World Health Organization Pandemic Agreement, began recently.

WHO Pandemic Treaty: WHO Member States Agree to Resume Negotiations Aimed at Finalizing the World’s First Pandemic Agreement

• 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.

The key features of WHO Pandemic Treaty

• Establishment of the COP: 

  • The current negotiating texts have also proposed an establishment of the Conference of Parties (COP) to oversee the implementation of the WHO Pandemic Agreement.

• International Treaty: 

  • The proposed establishment of a COP suggests that an agreement could be a classic international treaty adopted under Article 19 of the WHO Constitution as opposed to the alternative Article 21 opt-out regulations.

• Pathogen Access and Benefit-Sharing (PABS): 

  • To address this issue, the current draft of the Agreement proposes a quid pro quo mechanism, formally titled the WHO PABS System.
    • It compels countries to share genome sequence information and samples with WHO-coordinated networks and databases.
    • In return for access to this data, manufacturers will be required to provide 10% of their products free of charge and 10% at not-for-profit prices.

• Legal Obligations on Benefits-Sharing: 

• • The current text of the provision aims to establish legal obligations on benefits-sharing for all users of biological materials and genetic sequence data under PABS.
    • A robust PABS system, particularly for low- and middle- income countries, including some African nations, seems non-negotiable for promoting equity in access to medical countermeasures.

Concerns with the Treaty

• Access and benefit sharing: Many developed countries and the pharmaceutical industry are not satisfied  with access and benefit sharing in the current negotiating text, including the perceived trade-offs.
• Hesitancy to Share information: The agreement involves the establishment of a global system for sharing pathogens and their genetic codes but developing countries are hesitant to share information on pathogen spread and evolution if they perceive little in return, a situation exacerbated during the COVID-19 pandemic by vaccine nationalism.
• Enforcement Mechanisms: The effectiveness of the Agreement could be compromised in the absence of a strong enforcement mechanism.
•  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.

Conclusion

The WHO Pandemic treaty/ agreement represents a critical step towards rebuilding trust and coordination between nations, acknowledging that no single Government or institution can confront the threat of future pandemics in isolation.