The countdown to a pandemic treaty

2. WHO Pandemic Agreement

The WHO Pandemic Agreement is designed to tackle the structural deficiencies brought to light by the COVID-19 crisis, with the primary goal of strengthening global defences and preventing future pandemics from escalating into severe human crises. It marks a historic step as the world's first pandemic treaty, focusing on enhancing pandemic prevention, preparedness, and response while striving for equitable outcomes.

Key Features

• Objective and Scope The agreement seeks to strengthen pandemic prevention, preparedness, and response efforts globally, with equity as a central theme. It aims to rectify the inequities observed during the COVID-19 pandemic, such as inadequate preparedness in various countries and a lack of international coordination.
• Core Components
  • Pathogen Surveillance: Enhancing surveillance for pathogens with pandemic potential.
  • Health-Care Workforce Capacity: Improving the capacity and readiness of healthcare workforces.
  • Supply Chain and Logistics: Addressing issues related to supply chain disruptions and logistical challenges.
  • Technology Transfer: Facilitating technology transfer to support the production of vaccines, diagnostic tests, and treatments.
  • Intellectual Property (IP) Rights: Considering waivers of IP rights to ensure broader access to medical products.

• Health System Strengthening The agreement calls for commitments from countries to manage antimicrobial resistance effectively, strengthen health systems and sanitation, and make progress towards achieving universal health coverage.
• Equitable Access A significant emphasis is placed on ensuring equitable access to medical products, covering principles, preparedness, production, technology transfer, and procurement to promote fair distribution and benefit sharing.
• Implementation Oversight The proposed establishment of a Conference of Parties (COP) is suggested to oversee the implementation of the Pandemic Agreement, potentially making it a formal international treaty under Article 19 of the WHO Constitution.
• Negotiation Dynamics Developing countries have shown more acceptance of the revised negotiating text, while developed nations have expressed concerns, particularly regarding financing and intellectual property matters. Disagreements also exist regarding the modalities of negotiations during the final phase.
• India's Position India, representing the Southeast Asia region, stresses the need for clarity on obligations and responsibilities between developed and developing nations to ensure the effective operationalisation of equity within the Agreement.

3. Concerns Surrounding the WHO Pandemic Agreement

The WHO Pandemic Agreement faces significant challenges, primarily stemming from differences between developing and developed nations, as well as stakeholders, regarding key aspects of the agreement.

Equitable Pathogen Sharing and Benefit-Sharing

• Developing countries are reluctant to share pathogen information without assurances of equitable benefits, especially in light of past experiences of "vaccine nationalism" during the COVID-19 pandemic.
• The proposed WHO Pathogen Access and Benefit-Sharing (PABS) System aims to address this issue by requiring countries to share genetic data with WHO networks. In return, manufacturers must provide a portion of their products free or at reduced prices.
• However, many developed nations and pharmaceutical companies are dissatisfied with the current language on access and benefit sharing, complicating negotiations.

Global Governance and Enforcement

• The absence of robust enforcement mechanisms poses a significant challenge to the Agreement's effectiveness. Without adequate accountability and enforcement, the Agreement risks becoming symbolic rather than practical.
• Issues such as coordinating pandemic countermeasure stockpiles, deploying international medical response teams, and sharing data are hindered by the lack of enforcement capabilities.

Ineffectiveness of Existing Regulations

• Despite the existing International Health Regulations being legally binding, they failed to prevent unfair travel and trade restrictions and vaccine hoarding during the COVID-19 pandemic.
• Merely reaching a consensus on key issues such as technology transfer and intellectual property waivers may not be sufficient without robust enforcement mechanisms.

Decision-Making Body

• The proposed decision-making body, comprising the Conference of Parties (COP) and a secretariat, mirrors the UN Framework Convention on Climate Change (UNFCCC) structure.
• However, it remains uncertain whether negotiators will agree on this model, as it grants equal voting rights to all nations.

Intellectual Property Waivers

• One contentious issue in the negotiating text is the proposal for firms receiving public financing to waive or reduce their intellectual property royalties.
• This proposal faces opposition from various stakeholders, further complicating negotiations and potentially impeding progress on the Agreement.

4. Next Steps for the WHO Pandemic Agreement

• The ongoing round of negotiations in Geneva is set to conclude this week, aiming to achieve a consensus decision by the World Health Assembly in late May.
• There is a palpable risk of a diluted Agreement due to the pressure to secure consensus among diverse stakeholders. The draft Agreement, while addressing relevant concerns, may lack robust language on contentious issues like intellectual property (IP) waivers.
• Failure to reach an Agreement remains a possibility, although it would be a significant setback. Such a failure would impede global efforts to strengthen pandemic prevention, preparedness, and response.
• The Pandemic Agreement signifies a crucial step in rebuilding trust and fostering coordination among nations. It recognizes the collaborative nature required to effectively address future pandemics, emphasizing that no single entity can tackle such global threats alone.
• Balancing the interests of developed and developing nations, addressing concerns about equitable access to medical products, and establishing robust enforcement mechanisms are key challenges that need urgent attention.
• International collaboration and commitment are essential to ensure the Agreement's success. This includes fostering transparency, sharing resources, and promoting equitable access to pandemic-related tools and technologies.
• The final Agreement must strike a balance between global solidarity and national interests while providing clear guidelines on critical issues like IP waivers and benefit-sharing mechanisms.
• The Agreement's successful implementation will enhance global health security and strengthen preparedness for future pandemics, safeguarding the well-being of populations worldwide.