Mild Optimism? Countries Keen on Reaching May 2024 Finish Line for WHO’s New Pandemic Instrument, Within A Handful of Negotiating Days [INB8 WRAP]

Newsletter Edition #69 [Treaty Talks]

Hi,

Among the many shortcomings of journalism, misreading optimism ranks high.

And yet, I report to you, that in the years of following these seemingly interminable negotiations in global health, I do think that countries are now more positive than they have been in several months now.

Of course, optimism does not preclude realism.

It will not be enough merely to meet the May 2024 deadline, but to also ensure that the outcomes also meet a baseline of expectations for all sides. WHO member states want to pull off a new legal instrument in about 100 hours of formal negotiations spread over the next 60 days or so.

Also, I am truly flattered that Geneva Health Files is being seen as a public service not just for negotiators, but anyone interested in tracking these negotiations, and global health dynamics more broadly. This journalistic initiative has very real costs (including accounting for childcare for increasingly late “reporting” evenings, FYI.)

If some of our readers have been sitting on the fence, consider jumping in and help us deliver this service in these crucial weeks of these negotiations and beyond.

Support public interest global health journalism, become a paying subscriber. Tracking global health policy-making in Geneva is tough and expensive. Help us raise important questions, and in keeping an ear to the ground. Readers paying for our work makes this possible.

Our gratitude to our subscribers who help us stay in the game!

You will likely hear from me only next week as we attend to the business side of our operations.

We will be tracking the resumed session for the negotiations to amend the International Health Regulations on Friday, March 8th, and pouring over a new text from the INB Bureau out later this week.

Until later.

Best,

Priti

Feel free to write to us: patnaik.reporting@gmail.com. Follow us on X: @filesgeneva

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Illustration Credit: Amy Clarke, Chembe Collaborative

I. THE WRAP FROM INB8

Mild Optimism? Countries Keen on Reaching May 2024 Finish Line for WHO’s New Pandemic Instrument, Within A Handful of Negotiating Days

ABS emerges as a cornerstone of potential outcome

By Priti Patnaik & Nishant Sirohi

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There is a distinct shift in the mood.

Despite continuing divergences on key issues from technology transfer, financing, to access and benefit sharing, some countries are beginning to see a small possibility of concluding negotiations for a new Pandemic Instrument.

However, the near-impossibility of reaching consensus on complex, technical matters within such a short time period, looms large in the hallways of the World Health Organization.

“These are negotiations, without real negotiations, unheard of in any international treaty-making process” a civil society representative said this week in a caustic comment, pointing to a lack of a formal negotiating text so far even after effectively three years of discussions among countries on matters of Pandemic Prevention, Preparedness and Response.

With the number of remaining formal negotiating days ahead of May 2024 dwindling to single digits, WHO member states, nevertheless, continue to be keen on concluding talks to reach agreement in addition to finalizing amendments to the International Health Regulations.

This emerging optimism could suggest two possibilities: a more likely one that could result in a watered-down agreement to meet the deadline, essentially a face-saving exercise; a second scenario - albeit somewhat rose-tinted, is that they would actually be able to put together a reasonable set of commitments that broadly meets the needs of most countries.

It is obvious that it is not time, but political will that could get countries over the line. By political will, read the ability of countries to negotiate for public health in light of commercial considerations. (See The Lancet: The Pandemic Treaty: shameful and unjust.)

To be sure, the eighth meeting of the Intergovernmental Negotiating Body Meeting that took place February 19^th-March 1^st, was not without its drama and predictable positioning by key actors. But numerous interviews with a cross-section of diplomats (including even the most skeptical ones) suggest that countries may be beginning to close the gaps on certain matters.

“The discussions are maturing in several key areas. We are closer than before”, a developing country negotiator told us.

The fight is on, and the discussions are fluid. A new version of the negotiating text is expected to be out on March 8, coinciding with a resumed session of the Working Group to amend the IHR.

In this story, we look at one key issue among several ones, that were discussed this week, those that dominate the negotiating table: access and benefits sharing and how these affect discussions on the remaining provisions.

We also present country statements made at the close of the meeting that offer indications of countries’ willingness, for now, to reach an agreement.

Image Credit: Photo by Jan van der Wolf, Pexels