TWN Info Service on Intellectual Property (Nov26/01)
5 November 2026
Third World Network

PABS: Access to samples and sequences must be subject to benefit-sharing obligations, developing countries reiterate

Geneva, 3 November (Rajnia Rodrigues) – At the opening of the 9th session of the Intergovernmental Working Group (IGWG) on the World Health Organization (WHO) Pandemic Agreement, developing-country delegations across regions stressed on the inseparability of access and benefit sharing and reiterated that access to pathogen samples and sequence information must be subject to acceptance of benefit-sharing obligations.

The 9th session (IGWG9) is taking place in Geneva from 2 to 13 November. The IGWG is tasked with negotiating an annex to the WHO Pandemic Agreement on pathogen access and benefit sharing (PABS).

In their statements at the session, developing-country delegations showed convergence on the centrality of Article 12 in the delivery of equity in the Pandemic Agreement. Member States groups representing several Global South regions repeatedly presented Article 12 as the standard against which proposals must be assessed. They stressed on the principles of equal footing between access and benefit sharing, legal certainty and traceability as well as the need for enforceable, fair and equitable benefit-sharing obligations.

The WHO Director-General, Dr Tedros Adhanom Ghebreyesus, opened the IGWG session urging Member States to “finish the job”. Recalling the COVID-19 pandemic, Tedros said the experience demonstrated the consequences of separating pathogen sharing from equitable access to health products. “COVID-19 taught us what happens when pathogen sharing and access to life-saving tools are not connected … [when] too many countries were left waiting while others secured far more than they needed.” This inequity, he said, “cost lives, prolonged the pandemic, and increased the risk of new variants emerging”.

Despite this recognition, Tedros also said that Member States, for the sake of finishing negotiations, should not try to reach a “perfect system” because PABS could “be strengthened as we learn from experience”. Tedros concluded with three requests: negotiate with the intention of concluding, distinguish essential requirements from desirable elements, and keep public health as the guiding objective. “The test of this annex,” he said, “is whether it will help the world respond faster and more equitably when the next pandemic threat emerges.”

In his turn, Ambassador Tovar da Silva Nunes of Brazil, co-chair of the IGWG, announced that Ambassador Anne-Claire Amprou of France would be formally considered for election as co-chair. Amprou had already been working informally with the Bureau and delegates will proceed to “formally consider and elect her by acclamation”, said da Silva Nunes.

Seconding the Director-General’s call to reach an agreement, the co-chair referred to the UN General Assembly's adoption of the Political Declaration on Pandemic Prevention, Preparedness and Response on 12 October, which welcomed the WHO Pandemic Agreement and looked forward to the timely conclusion of the PABS negotiations. He said “these renewed political commitments should give us further momentum to our work here in Geneva ... I therefore encourage all delegations to approach our discussions with a renewed sense of purpose, shared responsibility, and urgency.”

Guyana, speaking on behalf of five Caribbean countries, Bahamas, Barbados, Belize, the Commonwealth of Dominica and Guyana, reiterated that equity remains “the central and a non-negotiable foundation” of the PABS system. Guyana reminded the IGWG that the Pandemic Agreement was developed and adopted on the basis of “the recognition of longstanding global inequalities, including the persistent imbalance between access to pathogens and the timely, predictable and equitable sharing of benefits arising from their use”.

“We therefore reiterate that the PABS annex must give full and practical effect to the principles and objectives of the Pandemic Agreement, particularly equity, solidarity, transparency, accountability and fairness,” said Guyana on behalf of the five Caribbean countries.

It identified three fundamental requirements for the annex. First, “pathogen access and benefit sharing must remain inseparable and implemented on equal footing. There are two complementary and mutually reinforcing pillars of the PABS system. The system cannot function effectively, nor command the trust and confidence of member states, if access obligations are clearly defined and enforceable while benefit sharing remains uncertain, discretionary or dependent on arrangements negotiated during a pandemic.”

Second, “benefit sharing must be meaningful, predictable, timely and enforceable”. “The annex must establish clear obligations that deliver tangible benefits, particularly during public health emergencies of international concern and pandemics. Equity cannot be achieved through commitments that are merely aspirational, or whose implementation is left to the discretion of individual actors. Benefits must be accessible to all member states, irrespective of their economic capacity, geographical location or level of development.”

Thirdly, Guyana called for “standardized PABS contracts” that constitute “the central legal and operational foundation of the system”. It elaborated that these contracts “should provide for transparent, consistent and enforceable obligations across the entire PABS chain, including for manufacturers and other relevant users of PABS material and PABS sequence information”. “The contractual framework must ensure that benefits generated using these resources are shared fairly, and that compliance can be monitored and accountability maintained.”

Guyana also argued that the PABS system should respect existing international access and benefit sharing (ABS) rules, including the Convention on Biological Diversity and Nagoya Protocol.

Guyana warned against approaches that weaken the relationship between access and benefit sharing or dilute the equity commitments already established in the Pandemic Agreement. “The credibility, legitimacy and effectiveness of the PABS system will ultimately be measured not simply by how rapidly pathogens are accessed, but also by whether the benefits arising from that access are shared fairly and reach all countries when they are needed most.”

Algeria, on behalf of the Africa Group, reaffirmed their commitment to an equitable, effective and operational PABS system, identifying three principles that should guide IGWG9: the hard lessons of COVID-19, like the inseparability of access and benefit sharing; fidelity to Article 12; and the establishment of a system capable of delivering equitable benefits during public health crises.

On the first principle, Algeria reiterated Guyana's call. “Access and benefit sharing are two inseparable pillars on an equal footing. Neither can be implemented at the expense of the other.”

On the second, Algeria reiterated that the negotiations must implement, rather than renegotiate, the Pandemic Agreement. “Article 12 is the foundation of our work. Our task is to give it practical effect, not to reopen or dilute what was agreed.”

On the third principle, Algeria emphasized the need for “a system that serves humanity in crisis: rapid and timely access, fair and equitable benefit sharing, respect for the sovereign rights of States over their biological resources, legal certainty, transparency and traceability, and the simultaneous operation of all elements of the system”.

In regard to the PABS architecture, Algeria recalled that the Africa Group had proposed a federated model two sessions earlier, and called for it to be substantively discussed at IGWG9. It argued that the model is “simple and consistent with Article 12” and “neither new nor untested”, pointing to existing national and regional arrangements through which African countries share samples and data. “Speed and sovereignty are compatible through expedited national procedures.”

Algeria also called for equitable geographical representation in PABS studies and for decision-making authority to remain with the Conference of the Parties.

Pakistan, speaking on behalf of the Eastern Mediterranean Region (EMR), emphasized the urgency of concluding the PABS annex against a regional backdrop of conflicts, displacement, outbreaks and climate disasters. These emergencies, Pakistan said, had pushed regional health systems “to the edge of what they can bear”, while countries remained heavily dependent on external supply chains for essential health products.

Pakistan reiterated the calls for Article 12 and the principles adopted to guide negotiations. “Article 12 remains our compass, access and benefit sharing on equal footing, with all elements of the system coming into operation simultaneously. We will test every proposal against that standard.”

Pakistan challenged the argument that manufacturers would ultimately obtain pathogens and sequence information regardless of the PABS system's design. “Availability somewhere is not the same as timely, lawful, transparent and traceable access under an agreed international framework.” It stressed that “confidence in the system depends on that traceability” and that “countries will share rapidly and confidently when they can see what comes back”.

Pakistan rejected the characterization of developing countries’ demands as merely transactional. It explained: “We [EMR] also recognize that manufacturers are independent commercial entities, and we value the private sector as a partner in pandemic response. Our hope is that, together, we can find ways for the commitments agreed under the Pandemic Agreement to be given practical effect. We would not describe this as transactional. It is simply what makes a system fair and workable for all of us: knowing what each side has committed to.”

Pakistan reiterated that “the last pandemic showed that goodwill alone does not deliver benefits in time. For the system to be fair, benefit sharing must be as certain as access, and voluntary arrangements cannot provide that on their own.”

“Legal certainty for providers and users alike will come from standardized, legally binding contracts. Their development is part of our mandate, and we encourage all delegations to engage in good faith to make them workable and effective. Clear arrangements on governance and accountability will also be essential, so that the commitments made under the system are monitored and honoured in practice,” said Pakistan.

Pakistan also called for manufacturing licences. It emphasized that the PABS system's value extends beyond access to vaccines, therapeutics and diagnostics during emergencies. It should strengthen regional and local manufacturing, technology transfer, skills and productive capacity. “What we finish with must be worth the years behind it, so that each emergency finds us less dependent than the last.”

Indonesia, speaking on behalf of the Group for Equity, welcomed the informal discussions held in early October and emphasized the need to focus on on-screen textual negotiations.

It also reiterated the calls for the annex to uphold Article 12. “Any outcome must stay true to Article 12 of the Pandemic Agreement: access and benefit sharing on an equal footing, and a system that is safe, transparent and accountable. Building them into the design of PABS is the work in front of us now.”

With regard to benefit-sharing provisions in between pandemics, Indonesia noted that “the provisions on benefit sharing at all times are still thin”. It argued that stronger provisions would enable countries to develop their own capacity between emergencies, reducing dependence on external assistance. “No country wants its response to the next pandemic to depend on charity,” it said.

India, speaking on behalf of the South-East Asia Region, welcomed the October informal discussions and textual proposals prepared by co-facilitators. It stressed that the central question for the negotiations should be to give practical effect to the principles and terms established by Article 12 of the Pandemic Agreement.

For the region, “the equal footing between access and benefit sharing is central” to the PABS system. The rapid sharing of materials and sequence information, India said, “should be matched by meaningful, equitable and predictable benefit sharing anchored by legal certainty”.

India stressed that the system should promote “transparency, traceability and accountability”, while enabling safe and timely sharing and respecting Member States' sovereignty.

India also emphasized that benefit sharing should deliver tangible benefits both during and between emergencies. In addition to timely and affordable access to vaccines, therapeutics and diagnostics, it highlighted “technology transfer, technical assistance, availability of raw materials for manufacturing of VTDs, capacity building, and sustainable laboratory and manufacturing capacities”.

India reiterated the importance of legally defined obligations. “Clear, predictable and legally defined obligations [are] important to building confidence in the system and operationalizing Article 12 of the Pandemic Agreement.”

Tanzania aligned itself with the statements delivered by Algeria on behalf of the Africa Group and by Indonesia on behalf of the Group for Equity. Its intervention focused on the need to future-proof the PABS system, particularly as new technologies transform the ways pathogens and sequence information are accessed, utilized and commercialized. “With advances in synthetic biology, genetic technologies, and artificial intelligence, the way pathogens are shared and utilized may be fundamentally transformed. Our PABS system must anticipate these changes.”

Tanzania gave the example of how the Convention on Biological Diversity and Nagoya Protocol, in focusing more on genetic materials, sidelined issues of digital sequence information, making those regimes less efficient as technologies advanced. “History offers us an important lesson … Today, digital sequence information has transformed how genetic resources are accessed, utilized and commercialized, presenting new challenges for equitable benefit sharing.”

Tanzania underlined that the responsibility of negotiators is “not merely to conclude negotiations, but to deliver a system that builds trust, protects lives, and stands the test of time”.

Colombia welcomed the textual proposals circulated by the co-facilitators and aligned itself with the statement delivered by Indonesia on behalf of the Group for Equity. It noted that negotiators now had “several proposals with valuable inputs” and therefore needed flexibility “to consider solutions that better operationalize Article 12” and where “rapid access to pathogen materials and sequence information advances on the same basis as fair and equitable benefit sharing”.

Colombia emphasized the importance of respecting national sovereignty “in accordance with national legal frameworks, since genetic resources, materials and sequence information belong to States”.

Recognizing differences in national capacities, Colombia argued that for a truly equitable system, Member States should consider regional hubs, as proposed in the federated model tabled by the Africa Group, which could help “countries strengthen their capacities and increase their participation in the system while preserving their governance over sensitive information”.

Colombia also called for more clarity regarding the scope of the PABS system, reiterating a previous call for a non-exhaustive list of pathogens with pandemic potential based on previously established criteria in the annex and updated regularly. This, Colombia argued, would increase legal security.

It added that “big commercial users of the PABS system must take on clear responsibilities through legally binding contracts that will ensure timely access to vaccines, therapeutics and diagnostics, the transfer of knowledge and technology, and strengthening of capacities”.

The European Union reaffirmed its commitment to concluding “an effective, fair and implementable PABS system that will make a real difference on the ground, going beyond the fragmented status quo”. The EU's statement focused primarily on the work modalities and the need for informal consultations led by co-facilitators and bilaterals during the IGWG session to advance negotiations.