Note4Students: 

Mains: Reasons behind the disagreement on the Pandemic Treaty;

Mentor comments:  Despite extensive negotiations, 194 WHO member states failed to finalize a historic Pandemic Agreement to bolster global pandemic preparedness and reduce inequities highlighted by COVID-19. At the 77th World Health Assembly (May 27-June 1, 2024), two significant developments occurred. First, amendments to the International Health Regulations (IHR) 2005 were agreed upon, drawn from 300 global reform proposals. These amendments aim to improve response to Public Health Emergencies of International Concern (PHEIC) and introduce a Pandemic Emergency (PE) category, ensuring equitable access to health products and financial support for developing countries, emphasizing solidarity and equity, and mandating a National IHR Authority.

Let’s learn!

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Why in the News? 

The 77th World Health Assembly in May 2024 failed to finalize the treaty due to disagreements on key articles, particularly PABS, technology transfer, and the One Health approach.

Background:

• The COVID-19 pandemic exposed severe limitations in the International Health Regulations (IHR) and the WHO’s institutional capacities to effectively prevent, prepare for and respond to global health emergencies.
• In light of the pandemic’s devastating global impact, many countries called for a stronger international framework to deal with future pandemics.
• Responding to these calls, a special session of the World Health Assembly (WHA) in November 2021 agreed to establish an intergovernmental negotiating body (INB) to draft and negotiate a WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response

What is the Pandemic Treaty?

• The Pandemic Treaty, also known as the International Treaty on Pandemic Prevention, Preparedness and Response, is a proposed international agreement currently being negotiated by the 194 member states of the World Health Organization (WHO). 

Key Provisions

• Pathogen Access and Benefit Sharing (PABS): The treaty aims to establish a PABS system to ensure that genetic resources and pathogen samples shared from developing countries are reciprocated with corresponding benefits, such as vaccines and diagnostics.
• Technology Transfer and Intellectual Property: The treaty seeks to address issues related to technology transfer, local production, and intellectual property rights to enhance the manufacturing capacities of low- and middle-income countries.
• One Health Approach: The treaty emphasizes a holistic approach that recognizes the interconnections between human, animal, and environmental health, promoting coordinated public health measures across these domains.

Reasons behind the disagreement

• Pathogen Access and Benefit Sharing (PABS): The PABS mechanism under Article 12  is a central point of contention, with low- and middle-income countries (LMICs) advocating for guaranteed access to at least 20% of shared pandemic products. 
  • In contrast, many high-income countries argue that this percentage should be the maximum limit, with some refusing to agree to any fixed percentage.
• Technology Transfer and Intellectual Property: Disagreements over technology transfer provisions are significant, with LMICs pushing for mandatory technology transfer and intellectual property waivers to enable local production of vaccines and treatments.
  • High-income countries prefer voluntary agreements, fearing that mandatory requirements could undermine their intellectual property rights.
• One Health Approach: The One Health approach, which emphasizes the interconnectedness of human, animal, and environmental health, has faced resistance from LMICs. They view it as an additional burden without adequate funding, while high-income countries strongly support it.
• Geopolitical Discord: Geopolitical tensions and competing interests between higher- and lower-income countries have hindered progress in negotiations.  
• Misinformation and Distrust: The negotiations have been affected by misinformation, skepticism, and distrust among member states. Some countries are concerned about the implications of the agreement on their national sovereignty and public health policies.
• Urgency vs. Comprehensive Solutions: There is a tension between the urgency to finalize an agreement and the desire to address complex issues comprehensively. Some countries are pushing for quick resolutions, while others emphasize the need for thorough discussions to ensure long-term effectiveness.

Way forward: 

• Promote Inclusive Dialogue and Mutual Compromise: Need to facilitate continuous, transparent dialogue among all member states to address concerns and build trust. Encourage mutual compromise by balancing the interests of both high- and low-income countries, ensuring that all parties feel their needs and perspectives are being considered. 
• Strengthen Financial and Technical Support for LMICs: Need to enhance financial and technical assistance for low- and middle-income countries to implement the proposed treaty provisions effectively.