New Negotiating Text of the Pandemic Agreement: Watered Down Language, But Ticks Boxes on Key Provisions

Newsletter Edition #72 [Treaty Talks]

Hi,

WHO member states stand at the water’s edge. They will plunge into negotiations for a new Pandemic Agreement starting next week.

The new text shared by the Bureau of the Intergovernmental Negotiating Body, set up to draw up this new instrument, will be the basis to commence negotiations. It will be a first in this two-year process.

In this edition, we bring our readers a 5,000 word analysis on the new negotiating draft for a Pandemic Agreement. The text will be taken up for negotiations at the ninth meeting of the INB at the World Health Organization in Geneva next week.

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Until later.

Best,

Priti

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Illustration Credit: Amy Clarke, Chembe Collaborative

I. ANALYSIS

New Negotiating Text of the Pandemic Agreement: Watered Down Language, But Ticks Boxes on Key Provisions

The Bureau of the Intergovernmental Negotiating Body released the latest version (unedited) of a negotiating text spanning 30 pages with 37 articles. The expectation is that this version will be taken up for text-based negotiations at the ninth meeting of the INB starting next week in Geneva between March 18^th-March 28^th.

The much-anticipated text was shared with countries and non-state actors late last week. A range of stakeholders from member states, activists, experts, seem to be of the view that the text ticks the right boxes in order to commence negotiations days from now. (The text was published by Knowledge Ecology International.)

One of the biggest strengths of this draft is a more fleshed out proposal on the Pathogens Access And Benefits -Sharing mechanism, even as there is more concrete language on surveillance related measures, some negotiators are of the view. A welcome new addition is a comprehensive provision on procurement.

The language is replete with compromises on concrete obligations including with phrasing with caveats such as “national circumstances”, “as appropriate”, “shall promote” among others.

Some developing countries were of the view that the text is weak on matters including on financing, liability, governance and benefits related elements in the PABS, among others. There are no specific references any more to a technology access pool.

“The new text is a basis for negotiation. But we will have to fight a lot more to address our concerns. It is good to have a draft that reflects our concerns to an extent. We will be able to negotiate on this basis, But without our proposals in the text, it would have been impossible for us to negotiate,” a developing country negotiator told us.

In this story we look at ten key provisions that have so far dominated these two-year-old discussions. This has also been informed by preliminary views from negotiators. (Please note emphasis in bold is always ours)

Image Credit: Photo by Luis Quintero, Pexels