Pandemic treaty draft negotiations to begin in February 2023

Member states of the World Health Organization (WHO) will discuss the ‘zero draft’ of the legally binding pandemic accord in February 2023, they announced during the third meeting of the Intergovernmental Negotiating Body (INB) concluded December 7, 2022. 

Ensuring equity and solidarity, promoting preparedness while respecting sovereignty will form the crux of this document, WHO said. 

This decision is a landmark moment in the world’s learning from the COVID-19 pandemic and the steps being taken to avoid a similar situation in the future, the United Nations health agency added. The zero draft will be based on the conceptual zero draft released late November, as well as discussions during the third meeting of INB.

Read more: Pandemic treaty: Draft urges cooperation, equity, transparency but misses independent monitoring

Countries have delivered a clear message that the world must be better prepared, coordinated and supported to protect people across the globe from a repeat of the COVID-19 pandemic, said Roland Driece, co-chair of the INB Bureau. “The decision to task us with the duty to develop a zero draft of a pandemic accord represents a major milestone in the path towards making the world safer.”

“The impact of the COVID-19 pandemic on human lives, economies and societies at large must never be forgotten,” said Precious Matsoso, co-chair of the INB Bureau, adding: 

The best chance we have today as a global community to prevent a repeat of the past is to come together, in the spirit of solidarity, in a commitment to equity and in the pursuit of health for all, and develop a global accord that safeguards societies from future pandemic threats.

Several of these factors were discussed during the meeting, with most members agreeing on the governance arrangements with the WHO “directing and coordinating authority in global health and the leader of multilateral cooperation in global health governance”. 

Some states suggested that the International Health Regulations (IHR) and the pandemic accord have either the same governance mechanisms or at least align governance processes. 

Many emphasised the need for sustained and predictable financing that considers the different capacities of states, Nina Schwalbe, a public health professor at Columbia University, noted in her analysis. 

A section of the members sought an accountability mechanism, which had been highlighted as a necessity in a policy brief published last month prepared by the United Nations University, International Institute for Global Health and Spark Street Advisors, a global health think tank.

Intellectual Property (IP) rights expectedly remained a point of contention. As these discussions were underway, the United States, on December 6, made it clear that it won’t waive IP rights for COVID-19 treatments and tests under the World Trade Organization accord to strengthen global access to lifesaving medicines. 

“Real questions remain on a range of issues. The additional time, coupled with information from the US International Trade Commission, will help the world make a more informed decision on whether extending the ministerial decision to COVID-19 therapeutics and diagnostics would result in increased access to those products,” US Ambassador Katherine Tai was quoted as saying in a press release.

Read more: Accountability, equity: Experts suggest what WHO’s first-ever pandemic treaty should encapsulate

The pandemic accord will likely be adopted under Article 19 of the WHO constitution. However, the option of Article 21, considering its suitability, has not been ruled out as yet. 

IHR, which are also being reformed post the pandemic, are adopted under Article 21 of the WHO constitution. Because of that, countries have to explicitly opt out if they wish to do so. The potential treaty will be formed under Article 19, under which countries have to explicitly opt in.

On this, KM Gopakumar, legal advisor and senior researcher with the Third World Network, an independent international research and advocacy non-profit working on development issues, had earlier told Down To Earth: "To address issues of inequity, developed countries have to undertake some positive obligations, which means they must be party to the treaty. But if they are not, inequity will persist even with a treaty.”

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