TWN Info Service on Health Issues (Mar24/04)
7 March 2024
Third World Network

WHO:  INB Bureau to publish revised draft for text-based negotiation

Geneva, 7 March (TWN) – The 8^th meeting of the Intergovernmental Negotiating Body (INB) to develop a pandemic instrument entrusted the INB Bureau to produce a new draft negotiating text to facilitate text-based negotiation.

The report adopted on the last day of the INB meeting decided that the Bureau is to publish the English version of the text on 8 March.

The 8^th INB session took place at the WHO Headquarters in Geneva from 19 February to 2 March in a hybrid mode.

The meeting report states: “The INB requested the Bureau to develop a revised draft of the negotiating text of the WHO Pandemic Agreement, to be considered by the INB at its ninth meeting, for textual negotiations. An advance unedited English version of the revised draft of the negotiating text will be distributed to Member States and relevant stakeholders by Friday 8 March 2024, and the translated versions will be made available as soon as possible thereafter”.

Thus the 9^th Session of INB will start text-based negotiations on the pandemic instrument. This will take place from 19 to 28 March in a hybrid mode.

There is no announcement of future meetings of the INB beyond its 9^th session in March. According to many observers it will be extremely difficult to conclude the text-based negotiations during that session. They added that further INB meetings in April and May are required to conclude the negotiations prior to the 77^th World Health Assembly (27 May to 2 June). 

Further, there is no clarity on how far the Bureau will allow Member States to propose textual suggestions to the draft negotiating text. According to a developing country delegate, there might be resistance from the Bureau to proposed vast textual suggestions citing the urgency to conclude the negotiations.

The INB Bureau, after inviting textual suggestions from Member States, had refused to incorporate these in the draft negotiating text by adding a condition that only suggestions enjoying cross regional support will be reflected in the negotiating text. However, this rule was ignored on Article 12 relating to access and benefit sharing, where the Vice-Chair produced a text drawing heavily from the European Union’s proposal while side-lining the proposal of the Africa Group and Group of Equity (a cross- regional alliance of developing countries to realise equity in the pandemic instrument).

Developing countries insisted on the need to address the existing inequity.

Pakistan on behalf of the Group of Equity reiterated the group’s commitment and called all parties to show more flexibility for the successful conclusion of the instrument. It stated that COVID-19 showed that protecting one’s interest over others not only goes against the principle of equity and international solidarity but is also self-defeating.

The Group of Equity advocated for the following six elements in the legally binding instrument.

“First, it is essential that the obligations imposed on the Parties, particularly pertaining to surveillance and prevention, are proportionate to their respective capabilities and context, in line with the principle of CBDR-RC (common but differentiated responsibilities and respective capabilities). Such obligations should be underpinned by robust provisions for capacity building and cooperation, ensuring that all Parties are equipped and enabled to fulfill their commitments effectively, while preserving their right to address self-determined priorities in health sector.

Second, the Pathogen Access and Benefit Sharing (PABS) System must guarantee equitable benefit-sharing on an equal footing, prohibiting anonymity to ensure transparency and accountability. This will facilitate a fair and just distribution of resources and benefits, which is fundamental to the ethos of our collective endeavor.

Third, for the provisions pertaining to technology transfer, we need to differentiate between mutually agreed terms between companies on technology transfer and setting a normative standard by establishing a treaty obligation for State Parties to request and demand anticipated technology transfer and licensing. This will ensure that critical technologies and innovations are accessible where they are most needed, and will promote sustainable production.

Fourth, establishing a predictable and sustainable financial mechanism is paramount for the implementation of the Instrument and for Pandemic PPR (prevention, preparedness and response) efforts. It should be inclusive and avoid partial solutions outside the UN system. Such a mechanism will ensure that resources are available in a timely and efficient manner, facilitating swift and effective responses to current and future health emergencies.

Fifth, the Governance Framework of the Instrument should be designed to maximize participation and ensure accountability to the Parties. This will enhance the legitimacy and efficacy of the Instrument, fostering a sense of ownership and shared responsibility among all stakeholders.

And lastly, the Instrument should be applicable and operable for all Parties, without any barriers, so that it better serves the needs of our people as well as of the multilateral environment.”

Pakistan also emphasised “the importance and the central role of Equity in the Instrument and therefore supports the proposal by the Africa Group for the Bureau to kindly take into consideration the red lines of developing countries while putting together the legal text of the negotiating document”.

The Africa Group and Egypt reiterated the need to operationalise equity with deliverables on the pandemic pathogen access and benefit sharing (PABS) system, finance and technology transfer.

Regarding the PABS system, the Africa Group ad Egypt stated: “We also wish to see a multilateral PABS system with clear data governance and accountability for sharing of pathogens and GSD (genetic sequence data) and clear commitments on monetary and non- monetary benefits sharing, promoting timely and equitable access to health products.”

On finance, it stressed the need for a dedicated finance mechanism with inclusive governance.

The statement further highlighted the need for local production and technology transfer: “We further look forward to achieving tangible results on other equity-related articles including (those) related to local production for more geographically diversified production capacities including transfer of technology and know-how as well as robust research and development”.

The Africa Group and Egypt expressed the hope that the Bureau will provide a bold text “that takes into account all the necessary equity aspects in order to correct the current status quo and really ensure that the investments made in the development of this instrument can be commensurate to the outcomes which we can all be proud of”.

India called for a paradigm shift and change in status quo in the approach to achieve the common goal. On technology transfer India stated: “…if we continue to follow the traditional approach and ways of engagement, particularly to transfer of technology and know-how, we cannot hope to overcome the limitations of extant of the global health care architecture and governance.”

India pointed out the neglect on the fair and benefit sharing aspects of the proposed PABS system. It said: “On Pathogen Access and Benefit Sharing, the idea with which we started was to discuss access and benefit sharing on an equal footing. However, the text in the current form is titled, while it is more obligatory to pathogen access, concerns with regards to benefit sharing have not been sufficiently addressed”.

Bangladesh expressed optimism in concluding the negotiations with actions and deliverables in the pandemic treaty. The statement called on the developed countries to be courageous and bold to operationalise the equity.  It also stated that developing countries “have demonstrated their readiness and sincerity to undertake the journey towards transformation based on their experience during the COVID-19 pandemic”.

On finance it stressed, “If we maintain the status quo in financing, and access to technology and know-how, transformation will never happen. It would be just and fair not to ask the developing countries to reinvent the wheel for saving lives of millions of people during public health emergencies and future pandemics. “

Egypt in aligning with the Africa Group’s statement asked countries to show more flexibility in the coming days.

Germany expressed disappointment, saying that it had wished for more progress and convergence from the 8^th meeting of the INB. It wanted to include prevention and one health and said that the PABS system must be implementable and should not hinder research and access and must secure reliable benefit-sharing commitments with wide participation of the private sector.+