THE GLOBAL STRUGGLE FOR A PANDEMIC TREATY

Syllabus:

GS 2:

  • Issues Relating to Development and Management of Social Sector/Services relating to Health.
  • Government Policies and Interventions for Development in various sectors.

Why in the News?

The 77th World Health Assembly recently saw significant developments in global health governance, including amendments to the International Health Regulations and ongoing negotiations for a historic Pandemic Treaty aimed at improving pandemic preparedness, response mechanisms, and addressing inequities revealed by COVID-19.

Source: Research Gate

Introduction and Context:

  • Negotiation Failure: After extensive political negotiations, 194 WHO member states failed to finalize a historic Pandemic Agreement designed to strengthen global pandemic preparedness.
  • WHA Developments: The 77th World Health Assembly (WHA) in Geneva saw significant progress in global health governance, including amendments to the International Health Regulations (IHR).
  • IHR Amendments: These amendments aim to enhance countries’ abilities to respond to Public Health Emergencies of International Concern (PHEIC) and introduce a new category, Pandemic Emergency (PE).
  • Equitable Access: The amendments focus on ensuring equitable access to health products and mobilizing financial resources to support developing countries’ health systems.
  • Solidarity Emphasis: The amendments highlight the importance of solidarity and equity, mandating the creation of a National IHR Authority for better coordination.
  • Pandemic Treaty Mandate: The WHA extended the mandate of the Pandemic Treaty negotiating body, aiming to complete the WHO Pandemic Agreement by the next WHA session.
About International Health Regulations (IHR)

  • Legal Framework: Defines countries’ rights and obligations for reporting and handling public health events and emergencies with cross-border potential.
  • Binding Instrument: Legally-binding on 196 countries, including all 194 WHO Member States.
  • Emergency Criteria: Outlines criteria to determine if an event is a “public health emergency of international concern” (PHEIC).
  • Safeguards: Protects rights of individuals concerning personal data, informed consent, and non-discrimination in health measures.
  • Goal: Aims to limit health risks’ spread to neighboring countries and prevent unnecessary travel and trade restrictions.

Implementation of IHR

  • National IHR Focal Point: Countries must designate a focal point for communication with WHO.
  • Core Capacities: Establish and maintain surveillance and response capacities, including at designated entry points.
  • International Travel: Addresses health document requirements for international traffic.
  • Responsibilities: Implementation responsibility lies with all States Parties and WHO.
  • WHO’s Role: WHO coordinates IHR implementation and aids countries in building capacities.
  • Detection: Ensure surveillance systems detect acute public health events timely.
  • Assessment and Reporting: Assess public health events and report potential PHEICs to WHO through National IHR Focal Points.
  • Response: Countries must respond to public health risks and emergencies.
  • WHO Support: WHO assists countries in strengthening capacities for rapid detection, verification, and response to public health risks through tools, guidance, and training.

Contentious Issues in the Pandemic Agreement

  • Pathogen Sharing: Key issues include pathogen access and benefit sharing (PABS), technology transfer, local production, and intellectual property rights.
  • PABS System: The PABS system aims to ensure that genetic resources shared by developing countries are reciprocated with vaccines and diagnostics from wealthier nations.
  • Vaccine Distribution: The system seeks to address inequities in vaccine distribution, witnessed during the COVID-19 pandemic, by ensuring a portion of products is donated to WHO.
  • 20% Guarantee: Low- and middle-income countries (LMICs) are pushing for a guarantee of at least 20% of shared pandemic products, while high-income countries debate this limit.
  • Geopolitical Discord: The core provisions of the agreement are stalled due to geopolitical discord and competing interests between higher- and lower-income countries.
  • Mutual Solidarity: International cooperation and mutual solidarity are essential for achieving global health security and overcoming these contentious issues.

Technology Transfer and Intellectual Property

  • Vaccine Inequity: Intellectual property protections, export restrictions, and manufacturing limitations contributed to vaccine inequity during the COVID-19 pandemic.
  • Technology Transfer: Strong provisions for technology transfers and local production are crucial for preparing for and responding to pandemics effectively.
  • TRIPS Flexibilities: Mechanisms such as product information sharing and use of WTO-TRIPS flexibilities, like compulsory licensing, are vital for equitable production.
  • Voluntary Terms: High-income countries prefer Voluntary and Mutually Agreed Terms (VMAT), which may discourage mandatory approaches recognized under the TRIPS Agreement.
  • Peace Clause: Disagreements persist over a peace clause that requires respecting the use of TRIPS flexibilities without exerting pressure to discourage their use.
  • Self-Sufficiency: Ensuring diverse manufacturing capacities globally is essential for LMICs to maintain self-sufficiency and reduce reliance on high-income countries’ charity.

One Health Approach

  • Integrated Effort: The draft Agreement requires adopting a pandemic preparedness approach recognizing the interconnection between human, animal, and environmental health.
  • EU Support: High-income countries, especially the European Union, strongly support the One Health approach for coordinated public health measures.
  • LMICs Concerns: LMICs view One Health as an unfunded mandate imposing additional burdens on their already strained resources.
  • Compliance Issues: Enforcement remains a challenge in international law, as seen with the lack of robust compliance mechanisms in the IHR.
  • COP Role: The proposed Conference of Parties (COP) will play a crucial role in monitoring and evaluating the implementation of the Pandemic Agreement.
  • Future Negotiations: The response of wealthy nations to the COP proposal and other provisions will be critical in the forthcoming negotiations.

Core Aims and Future Prospects

  • Sustainable Access: Beyond ensuring immediate availability of medical products during emergencies, the Pandemic Agreement should promote long-term sustainable access.
  • Diversified Production: Enhancing regional manufacturing capabilities and diversifying production are essential for a resilient global health system.
  • Unprecedented Strides: The recent IHR amendments and ongoing negotiations represent unprecedented strides in international health law.
  • Critical Months: The coming months of negotiations are crucial for finalizing the treaty, which serves as a blueprint for future global health equity and resilience.
  • Equitable System: The treaty aims to create a more equitable global health system, addressing issues like pathogen access and technology transfer comprehensively.
  • Global Cooperation: Effective global cooperation and commitment are vital for the success of the Pandemic Agreement and preparedness for future pandemics.

Key Challenges

  1. Pathogen Access and Benefit Sharing (PABS): Contentious debates over equitable sharing of pathogen samples and the resulting benefits, with discrepancies between high- and low-income countries.
  2. Technology Transfer: Disagreements over the conditions for transferring technology and know-how, essential for diversified and sustainable production capacities.
  3. Intellectual Property Rights: Conflicts regarding the use of WTO-TRIPS flexibilities and ensuring intellectual property rights do not hinder equitable access to medical products.
  4. One Health Approach: Resistance from LMICs due to perceived additional burdens and lack of funding for integrating animal, human, and environmental health measures.
  5. Geopolitical Discord: Competing interests between nations complicate consensus-building, slowing down negotiations and implementation.
  6. Compliance Mechanisms: Lack of robust enforcement mechanisms within international health regulations to ensure adherence to the treaty’s provisions.
  7. Financial Resource Mobilization: Challenges in securing sufficient financial resources to support the health systems of developing countries.
  8. Coordination and Cooperation: Ensuring seamless coordination among diverse stakeholders and fostering international cooperation remain significant hurdles.

Way Forward

  1. Strengthening PABS: Establish clear, equitable frameworks for pathogen sharing, ensuring benefits like vaccines and diagnostics are fairly distributed to all countries.
  2. Facilitating Technology Transfer: Implement strong provisions for mandatory technology transfer to bolster global manufacturing capacities, especially in LMICs.
  3. IP Rights Flexibilities: Promote the use of TRIPS flexibilities, including compulsory licensing, to overcome intellectual property barriers and ensure access to medical products.
  4. Funding One Health: Secure dedicated funding for the One Health approach to support LMICs in integrating comprehensive health measures without additional strain.
  5. Building Consensus: Foster diplomatic negotiations and compromise to bridge geopolitical divides, emphasizing mutual benefits for global health security.
  6. Robust Compliance: Develop effective monitoring and evaluation mechanisms, including a robust Conference of Parties (COP), to ensure treaty compliance and accountability.
  7. Resource Mobilization: Enhance international financial support and resource allocation to strengthen health systems in developing nations and maintain core capacities.
  8. Global Cooperation: Promote international solidarity and cooperation, recognizing that a unified global response is essential for pandemic preparedness and resilience.

Conclusion

The proposed Pandemic Treaty represents a crucial step towards a more equitable and resilient global health system. However, challenges in pathogen sharing, technology transfer, and geopolitical discord must be addressed through international cooperation and robust enforcement mechanisms to ensure its success.


Mains Practice Question

Discuss the key challenges in negotiating a global pandemic treaty and suggest measures to ensure equitable access to health resources and enhance international cooperation.


Source :The Hindu


Associated Article:

https://universalinstitutions.com/the-covid-19-pandemic-food-and-socializing/