Global Pandemic Treaty 2024, Objectives and Key Issues

Context: During the 77th World Health Assembly (WHA) in Geneva, two significant developments occurred concerning global health governance.

What were the Developments?

• Amendments to International Health Regulations (IHR) 2005:
  • Objective: Enhance global pandemic preparedness and response.
  • Key Amendments:
    • Introduce a new category for urgent response: Pandemic Emergency (PE).
    • Ensure equitable access to health products during emergencies.
    • Mobilise financial resources to aid developing countries in maintaining essential health capacities.
  • Establish a National IHR Authority in each member state for better coordination.
  • The amendments emphasise these aspects, seeking to rectify inequities highlighted by the COVID-19 pandemic.
• Extension of Pandemic Treaty Negotiating Body’s Mandate: The intergovernmental negotiating body (INB) is tasked with finalising the WHO Pandemic Agreement by the 78th WHA in May 2025 or earlier.

What is a Global Pandemic Agreement?

An international agreement to strengthen global readiness for pandemics, prevent their occurrence, and minimise their impact. There are some contentious Issues in the Pandemic Agreement:

Article 12: Establishment of Pathogen Access and Benefit Sharing (PABS)

• Objective: Address inequities in access to treatments and vaccines observed during COVID-19.
• Proposal: Ensure that benefits accrue to developing countries providing pathogen samples by having manufacturers donate a portion of vaccines and diagnostics to WHO for global distribution.
• Disagreement: Low- and middle-income countries (LMICs) are pushing for a guarantee of at least 20% of shared pandemic products, while many high-income countries argue that 20% should be the maximum limit, and some rich countries will not even agree to 20%.

Technology Transfer and Intellectual Property

• Article 10: Sustainable Production
  • It encourages equitable production of pandemic-related products to ensure availability across different regions.
• Article 11: Transfer of Technology and Know-How
  • It seeks to facilitate the exchange of knowledge and expertise related to pandemic prevention, preparedness, and response. By promoting the transfer of technology and know-how, the agreement aims to enhance self-sufficiency and equitable access to critical tools during health crises.

Key Issues

• Technology Transfer Conditions: The main issue concerns the methods to facilitate sustainable and widely distributed production.
  • This involves sharing product information and using WTO TRIPS flexibilities like compulsory licensing.
• Consensus on ‘Know-How’: There is no agreement on how to transfer essential technical knowledge and whether these transfers should be legally binding.
• High-Income Countries’ Position: Wealthier nations favour Voluntary and Mutually Agreed Terms (VMAT) for technology transfer.
• Impact of VMAT on LMICs: The preference for VMAT might prevent Low- and Middle-Income Countries (LMICs) from enforcing mandatory measures allowed under the TRIPS Agreement.
• Disagreement on the ‘Peace Clause’: There is a conflict over a clause that requires countries to respect the use of TRIPS flexibilities without pressuring others not to use these legal provisions.

One Health Approach

• Proposal: Integrate human, animal, and environmental health measures.
• Support: Strongly supported by high-income countries, especially the EU.
• Concern: Seen by LMICs as an unfunded mandate imposing further burdens.

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