The global struggle for a pandemic treaty
Source: The Hindu
For Prelims:
World Health Organization (WHO)
- Established in 1948 as a specialized agency of the United Nations
- Headquarters: Geneva, Switzerland
- World Health Assembly: WHO's decision-making body, meets annually
International Health Regulations (IHR) 2005
- Amendments agreed upon at the 77th World Health Assembly (May 27-June 1, 2024)
- Introduces a new category: Pandemic Emergency (PE)
For Mains:
GS II: International Relations - Important International Institutions
Highlights of the Article:
- Failure to finalize the Pandemic Agreement at the 77th World Health Assembly
- Adoption of amendments to the International Health Regulations (IHR) 2005
- Extension of the mandate for the Pandemic Treaty negotiating body
- Key contentious issues in the draft Pandemic Agreement
Context: The article discusses the ongoing negotiations for a global Pandemic Agreement and the challenges faced in reaching a consensus among WHO member states
UPSC Exam Notes Analysis
Pathogen access Benefit-sharing
- The current draft of the Pandemic Agreement faces three major hurdles: the implementation of a fair system for sharing pathogens and their benefits, the transfer of technology and intellectual property rights, and the adoption of a comprehensive "One Health" strategy.
- These fundamental components, crucial for creating a more equitable and resilient global health framework, are currently at an impasse due to conflicting interests between developed and developing nations. To overcome these challenges, diplomats and leaders must recognize that global cooperation is essential for enhancing worldwide health security.
- Central to the negotiations is the proposed Pathogen Access and Benefit Sharing (PABS) mechanism, outlined in Article 12. This system was conceived to address the stark disparities in healthcare access observed during the COVID-19 crisis.
- PABS aims to ensure that when developing countries share genetic materials and pathogen samples, they receive equitable benefits such as access to resulting vaccines and diagnostic tools.
- The current proposal suggests that pharmaceutical companies in wealthy nations utilizing genetic data from less developed countries would allocate a portion of their products to the WHO for worldwide distribution, based on need and efficacy.
- However, there is significant disagreement over the specifics of this arrangement. Developing nations are advocating for a guaranteed minimum of 20% of pandemic-related products to be shared, while many developed countries view this as an upper limit, with some refusing to commit to even that percentage
Technology and IP
- During the COVID-19 pandemic, unequal access to vaccines was caused by several factors, including protections for intellectual property, wealthy nations stockpiling supplies, restrictions on exports, and limitations in manufacturing capabilities. To effectively prepare for and respond to pandemics, it's often crucial to share technology, expertise, and skills.
- The shortcomings in negotiations for pandemic benefit-sharing agreements could potentially be offset by robust provisions for technology transfers and local production.
- To reduce lower- and middle-income countries' reliance on aid from high-income nations and promote self-sufficiency, it's essential to implement technology transfers and waive certain intellectual property rights, enabling diverse global manufacturing capabilities.
- Negotiations have been significantly delayed due to disagreements over the management of production and technology transfer, as well as their impact on intellectual property, as outlined in Articles 10 and 11.
- The core issue revolves around the conditions for transferring technology to "promote sustainable and geographically diverse production" through various means, including sharing product information and utilizing flexibilities in the WTO Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), such as compulsory licensing.
- There is still no agreement on the transfer of expertise and whether these transfers should be binding. While high-income countries favor Voluntary and Mutually Agreed Terms (VMAT), the use of such language might discourage countries, especially lower- and middle-income nations, from adopting mandatory approaches recognized under the TRIPS Agreement.
- Another point of contention is the proposed "peace clause," which would require member states to respect the use of TRIPS flexibilities and refrain from exerting any direct or indirect pressure to discourage their utilization
One Health Concept
- The proposed Agreement calls for member states to implement a pandemic preparedness and surveillance strategy that acknowledges the interconnectedness of human, animal, and environmental health.
- This approach aims to foster coherent, integrated, coordinated, and collaborative efforts among relevant organizations, sectors, and stakeholders. While high-income countries, especially the European Union, are strong proponents of this "One Health" approach, lower- and middle-income countries view it as an additional burden on their already limited resources, considering it an unfunded mandate.
- A persistent challenge in international law is enforcement. Given the weak compliance mechanisms and consequent lack of accountability in the International Health Regulations (IHR), effectively implementing the Pandemic Agreement remains a significant concern. The proposed Conference of Parties (COP) is expected to play a vital role by assessing the agreement's implementation and reviewing its effectiveness every five years.
- The latest draft suggests that the COP consider establishing a transparent, inclusive, and effective monitoring and evaluation system at its first meeting, in line with the IHR. How countries, particularly wealthy nations, respond to this proposal in upcoming negotiations will be crucial.
- Beyond ensuring immediate access to medical products during emergencies, a fundamental goal of the Pandemic Agreement should be to promote long-term, sustainable access to these products by diversifying production and strengthening regional manufacturing capacities.
- The issues of pathogen access and technology transfer are not mere technical details but are essential to the agreement's success once adopted.
- The recent amendments to the IHR and the ongoing Pandemic Agreement negotiations represent unprecedented progress in international law. The upcoming months of negotiations are critical, as this treaty will not only address future pandemics but also serve as a framework for a more equitable and resilient global health system
Global Health Governance and Pandemic Preparedness
- The amendments to the International Health Regulations (IHR) and the negotiations for the WHO Pandemic Agreement reflect efforts to fortify global health governance and address inequities observed during the COVID-19 pandemic.
- The IHR amendments emphasize solidarity and equity, aiming to enhance countries' capacities to respond to health emergencies.
Key Features of the IHR Amendments and Pandemic Treaty
- Amendments to IHR: The amendments aim to enhance countries' abilities to prepare for and respond to Public Health Emergencies of International Concern (PHEIC) and introduce a new category for Pandemic Emergency (PE).
- Equitable Access: The amendments emphasize equitable access to health products during health emergencies and the mobilization of financial resources to support developing countries.
- Extension of INB Mandate: The WHA extended the mandate of the intergovernmental negotiating body to finalize the WHO Pandemic Agreement as soon as possible, aiming for completion by the 78th WHA in May 2025.
Impact on Global Health Governance
- The proposed amendments and the Pandemic Treaty are designed to promote long-term and sustainable access to medical products by diversifying production and enhancing regional manufacturing capabilities.
- Issues of technology transfer, intellectual property, and local production are critical to the success of the Pandemic Agreement, addressing vaccine inequities experienced during the COVID-19 pandemic.
Criticism and Concerns
- There are significant obstacles to the adoption of the Pandemic Agreement due to geopolitical discord and competing interests between high- and low-income countries.
- Key contentious issues include the pathogen access and benefit-sharing (PABS) mechanism, technology transfer, and the One Health approach, which emphasizes coordinated public health measures based on animal, human, and environmental health.
Conclusion
The amendments to the International Health Regulations and the ongoing negotiations for a Pandemic Treaty represent crucial steps towards a more equitable and resilient global health system. Understanding these developments is essential for UPSC aspirants to analyze international efforts in pandemic preparedness and global health governance
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Mains Practice Questions
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