The Pandemic Treaty was not defeated as some commentators would have us believe. On the contrary there is, seemingly, the broad political will to finalise negotiations and reach a consensus on the Pandemic Agreement, however, there are still challenges to be overcome – equity remains one such challenge.
Is it now time to challenge the very foundations upon which the Pandemic Treaty is built – firstly, that pandemics exist and, secondly, that vaccines, therapeutics and diagnostics are safe and effective?
What follows is a summary of the 10th meeting of the Intergovernmental Negotiating Body (INB) to draft and negotiate a WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response (Pandemic Agreement) held on 16th and 17th July, 2024 in Geneva, Switzerland.
Introduction
At the 77th session of the World Health Assembly (WHA77) in June 2024 it was agreed to extend the mandate of the INB, to negotiate and agree the Pandemic Agreement, for a further year through to the WHA78 in May 2025 via decision WHA/77/20:
“…to draft and negotiate a WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response to finish its work as soon as possible, and submit its outcome for consideration by the Seventy-eighth World Health Assembly in 2025, or earlier by a special session of the World Health Assembly, if possible, in 2024”
INB10 16th and 17th July 2024 Meeting – hybrid sessions (conducted in person and virtually).
The delegates spent the two days discussing the proposed work plan (which had been circulated by the INB Bureau to all Member States on 11th July 2024).
Revisions were made to the proposed work plan (which can be seen in document A/INB/10/3 Rev.1 when published) most notably the change to the deadline date for the calling of a special session of the Health Assembly by the Executive Board.
The week of 16th December has been given for the possible convening of a one-day special session of the Heath Assembly to adopt the Pandemic Agreement. There is a thirty day notice period required for a special session of the Health Assembly. In addition, in order to call such a special session, the Executive Board of the Health Assembly must meet to determine the said date. The Secretariat explained that the lead time is therefore around 33 days. If a special session of the Health Assembly is to be held during the week commencing 16th December, the INB must request the Executive Board to arrange a special session no later than 11th November as oppose to the originally stated date of 15th November. Consequently, consensus on the Pandemic Agreement, must be reached no later than 11th November 2024 if the INB is to be finalised in this calendar year.
Consensus on the likelihood of completing negotiations by 11th November 2024 was not reached with some Members States determined to finalise the Pandemic Agreement as quickly as possible and within that time frame. However, others felt the time frame to be too ambitious favouring getting it “right” rather than rushing negotiations and especially when noting the extended mandate through to May 2025.
The intention in the upcoming INB sessions, as stated in A/INB/10/3 (point 6), is to build on the work already completed:
“The INB will continue its negotiations on the text of the proposal for the WHO Pandemic Agreement contained in the Appendix to document A77/10, building upon the provisional agreement on the text highlighted in green, and focusing on text for which initial convergence was reached and is highlighted in yellow, as well as on all outstanding elements, in a prioritized manner.”
Whilst this approach seems to make sense, some Member States pointed out, “that nothing is agreed until everything is agreed”. Is it possible that the green text was agreed in haste and under pressure leading up to WHA77 and thus may be susceptible to being re-opened and re-negotiated?
Perpetuation of fear
INB10 began with a speech from the Director-General of the WHO, Tedros Adhanom Ghebreyesus, who was quick to remind us all that the next pandemic is just around the corner:
“…we must always keep the urgency of this generational agreement at the forefront because, as the current outbreak of H5N1 reminds us, the next pandemic may be around the corner. It can come any time; it will not wait for us…”
Fear was a theme that ran throughout the two days with several Member States and Relevant Stakeholders alluding to the inevitability of the next pandemic:
“…there should be positive outcomes that satisfy all peoples and pandemics are just round the corner waiting for us, as the WHO DG said.” (Syrian Arab Republic)
China was another Member State that mentioned both H5N1 and Monkey Pox.
“As the INB resumes for its tenth meeting, the recent outbreak of H5N1 in poultry and cows reminds us how critical and urgent it is to develop an agreement that protects lives and livelihoods whilst safeguarding equity, trust and solidarity.” (UN Foundation)
“The danger is not far. Some countries are facing outbreaks that may spread beyond borders. Monkey Pox is just one example and the virus is spreading now through more lethal variants.” (Oxfam)
To close out INB10 much as it had started, in the absence of Tedros, Michael Ryan (Executive Director WHO Health Emergency Programme) stated:
“…but I will say to you given what’s happening in the world right now, given some of the infections disease hazards we’re facing, given some of the activity in the pandemic world, Tedros said this pandemic will not wait for us and I can guarantee you, looking at activity, looking at biologic activity around the world that is certainly the case.”
So, as you can see, the need to continue to push back continues unabated.
Key Dates
Week of 2nd September: interactive dialogues and outreach (Articles 12, 4 and 5; complementarity and coherence between the amended IHR and relevant Articles in the proposal for the Pandemic Agreement; and legal architecture of the proposal for the Pandemic Agreement
9th – 20th September: INB11
