Intergovernmental Negotiating Body (INB)
The WHO Intergovernmental Negotiating Body process and the revised draft of the WHO Pandemic Agreement (A/INB/9R/3)
by Nirmalya Syam & Viviana Muñoz Tellez
This Policy Brief considers the negotiating process conducted so far by the Intergovernmental Negotiating Body (INB) for an instrument on pandemic prevention, preparedness and response under the World Health Organization (WHO), and some aspects of the draft text for the Resumed Ninth meeting of the Intergovernmental Negotiating Body (INB9R), as well as of the draft proposed resolution for consideration by the World Health Assembly in May 2024. The Policy Brief provides recommendations to assist member States in their negotiations during the INB9R to be held from April 29 to 10 May 2024.
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Proposal for a new Article 11bis in the WHO Pandemic Accord: a Pandemic Technology Transfer Mechanism
by Olga Gurgula and Luke McDonagh
The COVID-19 pandemic demonstrates the failure of voluntary mechanisms during global emergencies and exemplifies the need for effective involuntary technology transfer tools. The WHO Pandemic Accord offers an opportunity to provide an effective mechanism to build upon existing TRIPS flexibilities in the specific pandemic context. We propose a new provision (Article 11bis) that outlines a mechanism on cross-border procedure of non-voluntary technology transfer during a pandemic. This procedure could be invoked in a pandemic scenario in which voluntary technology transfer mechanisms have failed to provide sufficient supplies of a needed pandemic product.
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South Centre Statement at the 9th session of the Intergovernmental Negotiating Body to draft and negotiate a WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response
March 2024
The South Centre underscores the imperative for an international binding pandemic treaty to prevent the recurrence of past failures like those witnessed during the COVID-19 crisis.
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How Should the WHO Pandemic Treaty Negotiations Tackle Intellectual Property?
By Viviana Muñoz Tellez
The WHO pandemic instrument should commit the Parties to limit the exclusionary effects that government-granted patents and other IPRs may have during pandemics in support of rapid diffusion of new vaccines, diagnostics, medicines and other tools and facilitate collaboration and freedom to operate. The current draft text of Article 11 would not make any change to the status quo.
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South Centre Statement to the WHO INB8
The pandemic instrument must increase equity, multilateral cooperation and accountability. See the South Centre’s statement to the 8th meeting of the World Health Organization’s Intergovernmental Negotiating Body:
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South Centre Statement to the 7th meeting of the WHO Working Group on Amendments to the International Health Regulations (2005)
6 February 2024
The South Centre urges the WGIHR to ensure that equity issues are substantially addressed in the process of amendments to the IHR in accordance with decision EB150(3) which mandates the WHGIHR to “… address clearly identified issues, challenges, including equity …” in this process. To that end member States have submitted important textual proposals that seek to advance equity concerns in the IHR. As the WGIHR negotiations advance towards their culmination, it is critical that these proposals on equity, in particular articles, 13, 13A, 44 and 44A, are prioritised and treated on an equal footing with the other amendment proposals. Textual proposals on equity provisions should not be deferred to be addressed only in the INB negotiations, noting that while the INB negotiations concern an international instrument on pandemic prevention, preparedness and response, the IHR is an instrument that is different in scope and deals with public health emergencies of international concern. Equity issues are critical in both instruments.
The WHO CA+ Discussions on Pathogen Access and Benefit Sharing: State of Play
By Nirmalya Syam
This brief explores the scope of a World Health Organization (WHO) pathogen access and benefit-sharing (PABS) mechanism as a possible outcome of the negotiations ongoing in the WHO Intergovernmental Negotiating Body (INB) for a WHO Convention, Agreement or other Instrument (WHO CA+) for pandemic prevention, preparedness, response and recovery (PPRR). After seven sessions of the INB, substantial differences remain between developed and developing countries on the PABS system. While the text contains specific obligations on rapid sharing of pathogen material and genetic sequence information reflective of the primary interest of developed countries to get such access outside the framework of the Nagoya Protocol to the Convention on Biological Diversity through a specialized WHO instrument such as the PABS system under the WHO CA+, the current text continues to be weak in terms of effectively operationalizing fair and equitable-benefit sharing. To that end, it is critical that detailed provisions on standard material transfer agreements, data access relating to their genomic sequence information and specific obligations on monetary and non-monetary benefit-sharing by recipients of pathogen material and sequence information are included in the provisions establishing the PABS system. Therefore, it is important that the proposals that have been made in this regard by developing countries are incorporated in the draft negotiating text.
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Statement by the South Centre to the INB 7
6 November 2023
As the intergovernmental think tank of developing countries, we are pleased to provide our support to these negotiations.
The current negotiating text is not yet fit for purpose.
We encourage the INB this week to reflect on and improve the negotiating text…
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Assessing the State of Play in the WHO Pandemic Instrument Negotiations
By Viviana Muñoz Tellez
This Policy Brief discusses the state of play of the negotiations of the pandemic instrument at the World Health Organization. The Intergovernmental Negotiating Body (INB) is increasing its meetings as the target deadline for completion in the first half of 2024 draws closer. To advance, the political will needs to be scaled up in the next months. The expectations should not be lowered to focus on the lowest common denominator. Real progress needs to be made in priority areas of concern for developing countries to keep momentum.
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South Centre Statement to the Resumed session of the fifth 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
12 June 2023
The South Centre appreciates the opportunity to address this INB. We remain available, here in Geneva or online, to present our views on specific draft provisions.
We recognise the work advanced so far.
In the Bureau text, not all options are yet on the table. All Member State proposals, existing and new ones as they come, should receive proportionate consideration, inclusion and discussion.
The consolidated text of February should remain complementary to the Bureau text.
There must be balance in providing options under various articles and in the approach for legal language under them. The Bureau text as it stands now would not deliver on equity.
The INB is moving towards consensus on principles of equity, solidarity, common but differentiated responsibilities, transparency and respect for human rights. We also support the proposal for a principle on global public goods. The INB needs now to better translate these principles into concrete legal provisions in the text.
The drafting group during this session of the INB could focus discussion on Articles 9 to 13 of the Bureau text, also drawing from the consolidated text.
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