The Depth of The Divide: Reluctance to Link Pathogen Access to Benefit-Sharing. An Approaching Tipping Point in the Negotiations as Countries Stick to Their Positions

Newsletter Edition #86 [Treaty Talks]

Hi,

I am running out of woeful headlines to accompany these dispatches on the on-going negotiations to reform the governance of health emergencies at WHO. But it will be foolish to write off these discussions towards a new Pandemic Agreement even at this stage, no matter how gloomy the outlook.

We bring you this edition as these negotiations appear to be at a tipping point that would determine whether countries will be able to continue with these discussions or if this will fail. And since failure is not an option given the stature of these discussions as often articulated by proponents of the process, actors in Geneva will find a respectable way out, we are told.

It is clear that we are at a cusp of a change in this process. Later today after this edition goes to print, the overall direction of the negotiations will be discussed by WHO member states. We will update this story subsequently.

May I also admit, that it is getting increasingly difficult to keep up with both - the political process and the technical complexity in the provisions of this agreement. We are doing our best to strike a balance on capturing the key twists and turns in politics that eventually frame the technical aspects of the provisions.

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

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. ANALYSIS: INB9 RESUMED SESSION

The Depth of The Divide: Reluctance to Link Pathogen Access to Benefit-Sharing. An Approaching Tipping Point in the Negotiations as Countries Stick to Their Positions

Text-based Negotiations on Pandemic Agreement Begin at WHO, But Too Late. Proposed One Health Instrument Adds to Complexity  

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WHO member states finally began text-based negotiations on a new Pandemic Agreement at WHO this week after more than two years since the process commenced. This comes far too late, with just over a handful of negotiating days left to conclude this process. As a result, the risk of a weak text emerging out of this process is nearly certain now.

The outcome of such an agreement will have implications worldwide – if done badly it could complicate the governance of pandemics, observers say. If nothing is done, status quo will preserve existing paradigms on how the world responds to health emergencies – it will be a missed opportunity. There is no time left within existing timelines to do this well, unless countries find a way of continuing these vital reforms work in the coming months and years with a commitment to find lasting, meaningful change towards Pandemic Prevention Preparedness and Response.

Later today, the Intergovernmental Negotiating Body will decide on the way forward for this process. We will update this story subsequently.

In the analysis below, we look the discussions from this week on a proposed multilateral mechanism on the Pathogen Access and Benefits Sharing system, among other areas that have been taken up at the resumed meeting of the INB in Geneva this week.

The discussion on PABS in some ways, demonstrates the depth of the divide even at this penultimate stage of the negotiations. But much of this could be positioning by “either” sides. To be sure, there is more nuance to this, than the usual north-south, developed vs developing countries divide. For one, there continues to be a fair amount of interest in the mechanism across the board. And hence, while PABS could hold the key to unlock the impasse facing countries, without consensus on principles, it could potentially bring this whole edifice down at this stage.

In addition, throw in discussions around a new One Health instrument as proposed by the Bureau, and you have a perfect storm in the making.

This story tries to capture the multi-dimensional state of play in these talks. The following has two parts, one looking at the overall dynamics, and the second focusing on PABS.

We spoke with diplomats, activists, and officials involved in this process during the on-going discussions at WHO.

Image Credit: Photo by Mathias Reding, Pexels