Civil Society in Pandemic Accord Negotiations – Lessons from The Framework Convention On Tobacco Control

Newsletter Edition #18 [Treaty Talks]

Hi,

In our many conversations with diplomats in the course of reporting on global health negotiations, we are told that countries want to hear diverse voices to inform their understanding on the multi-faceted issues at stake in pandemic preparedness, prevention and response.

And yet, as we reported last week, member states collectively decided that non-state actors cannot observe drafting group processes in the negotiations for a Pandemic Accord. Some were also not in favor of their positions being attributed and disclosed to a wider group of actors.

Lack of adequate transparency is one concern for many stakeholders. The other is, the way public interest civic groups are treated at par with private actors as far as participation in such processes is concerned.

Often, WHO’s previous treaty-making experience on The Framework Convention On Tobacco Control is brought up in the current climate, citing the strong role of CSOs. Some countries themselves talk about it, somewhat wistfully.

And yet, others point out the materially different nature and agency of the private sector in the Pandemic Accord negotiations, compared to the Tobacco industry in the FCTC negotiations. (It is also a different world now, with the private sector effectively driving pandemic response.)

In today’s edition, my resourceful colleague Julia Dötzer, presents her timely and important research on the lessons from the FCTC negotiations to the current on-going negotiations, specifically on the role of the civil society.

Write to Julia with your thoughts.

We are grateful for her expertise, commitment and care.

Like our work? Consider supporting our journalism that ensures nuance, detail, and accuracy. Readers paying for our work helps us meet our costs. Thank you for reading.

Until later!

Best,

Priti

Feel free to write to us: patnaik.reporting@gmail.com or genevahealthfiles@protonmail.com; Follow us on Twitter: @filesgeneva

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I. GUEST ESSAY

Civil Society in Pandemic Accord Negotiations – Lessons from The Framework Convention On Tobacco Control

By Julia Dötzer

Julia Dötzer

Negotiations for a pandemic treaty in the World Health Organization (WHO) are in full swing. The WHO has limited experience to draw from, given that there are very few binding multilateral instruments in global health. It is therefore worth considering what can be learned from these few but important previous milestones.

The introduction of the Framework Convention on Tobacco Control (FCTC) by WHO in 2005 marked the first and, until now, only multilateral instrument under Article 19 of the WHO Constitution. Article 19 provides the World Health Assembly with the authority to adopt conventions or agreements on matters within WHO’s competence. The Framework’s introduction has had a major impact on the signatory member states, their economies and their populations. It has been a milestone in global health governance. The FCTC negotiations now date back more than a decade, and valuable insights might be gained from recalling and learning from this experience.

The enormous potential and leverage in such global agreements raises important questions on which actors have influence in these negotiations at the global level, and what and who influences their positions in turn. In addition to the member states, other Non-State Actors [NSAs], such as Civil Society Organizations [CSOs] are given space in the negotiation process through hearings and consultations. Nevertheless, the participation of NSAs in the WHO negotiations is highly regulated. To participate, non-state actors must be in "official relations" with WHO, a status often described as difficult to achieve.

Image Credit: Photo by Kendall Hoopes, Pexels