Context: The world’s first Pandemic Agreement was formally adopted by member states of the World Health Assembly (WHA) in Geneva. The landmark decision by the 78th WHA (WHO’s top decision-making body) comes after more than three years of negotiations. It is designed to better prevent and respond to global health crises.
The WHO Pandemic Agreement is the second international legal agreement negotiated under Article 19 of the WHO Constitution. The first is the WHO Framework Convention on Tobacco Control, which was adopted in 2003 and entered into force in 2005.
Relevance of the Topic : Prelims: Key facts related to Global pandemic treaty.
Draft Global Pandemic Treaty
- Rationale: The treaty is designed to improve the international community's preparedness and response to future pandemics by ensuring more equitable access to vaccines, treatments, and resources.
- Need: COVID-19 pandemic revealed the glaring gaps in global health systems and highlighted the lack of effective international cooperation in responding to health emergencies. A 2022 study revealed that more than one million lives could have been saved if COVID-19 vaccines had been shared more equitably with lower-income countries.
Key Elements of the Treaty
- Pathogen access and benefit sharing system:
- Countries would share scientific data such as pathogen samples and genomic sequences with pharmaceutical companies.
- In return, participating manufacturers would use this shared data to create vaccines or treatments. They will have to allocate 10% of vaccines, diagnostics, and therapeutics to WHO, and another 10% at affordable prices. This aims to ensure that scientific cooperation leads to fair access for all.
- Technology sharing: Member states should promote and otherwise facilitate or incentivise the exchange of technology and know-how to help manufacturers in developing nations make their own drugs and vaccines.
- National policies on Publicly funded research: When governments fund research (to universities or companies) to develop medicines or vaccines, they must include clauses or agreements that require timely and equitable access to resulting drugs or diagnostics during pandemics.
Ratification Process of WHO Pandemic Agreement:
- The Agreement outlines steps to prepare for its implementation. This includes launching a process to draft and negotiate a Pathogen Access and Benefit Sharing system (PABS) through an Intergovernmental Working Group. The result of this process will be considered at the 2026 World Health Assembly (WHA).
- Once the WHA adopts the PABS annex, the WHO Pandemic Agreement will then be open for signature and ratification, including by national legislative bodies. After 60 ratifications, the Agreement will enter into force.
Limitations
Although the agreement on the draft treaty has been hailed as groundbreaking and historic, several experts have said that it has a limited scope.
- No Enforcement Power: The treaty relies on voluntary cooperation and has no enforcement mechanism. WHO would have no way to ensure countries adhere to the terms to which they had agreed. WHO does not have the power to mandate or impose any requirements such as ban or accept travellers, impose vaccination mandates, or implement lockdown.
- Absence of clear IP Protection: Without strong IP protection (like patents), pharmaceutical companies may be reluctant to invest in pandemic-related products, fearing compulsory licensing, technology transfer mandates, or loss of market exclusivity.
- Unclear Implementation: The pathogen-sharing system still lacks operational clarity raising concerns about how it will work in a real emergency.
- Absence of the United States: The US, a major pharma and vaccine hub, withdrew from negotiations. Experts say its absence will weaken the agreement.
The global pandemic treaty marks a milestone in international health diplomacy. But without enforcement powers, universal participation, or clarity on execution, it may fall short when the next pandemic strikes.