THE CONTEXT: Devastating inequities occurred during COVID‑19. Rich nations cornered 53 % of early vaccine contracts while representing only 14 % of the world’s population. WHO Member‑States, after 13 INB rounds (Dec‑2021 to Apr‑2025), finalised a draft “Pandemic Agreement” on 16 April 2025 to be tabled at the 77th World Health Assembly (May 2025). The United States issued notice to quit the WHO in Jan 2025—its one‑year exit clock clouds treaty financing.
NEGOTIATION DYNAMICS: GLOBAL SOUTH VS GLOBAL NORTH ASYMMETRIES
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- The treaty reflects a delicate compromise between the technological ownership of the Global North and the sovereignty concerns of the Global South.
- While wealthy countries resisted mandatory technology transfer and benefit-sharing, developing countries were reluctant to commit pathogen samples without reciprocal guarantees.
- This replicates earlier tensions from Indonesia’s 2007 refusal to share H5N1 virus samples due to vaccine access inequality.
CORE ACHIEVEMENTS: BUILDING BLOCKS OF A NEW PANDEMIC FRAMEWORK:
1. Pathogen Access & Benefit‑Sharing System (PABS)
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- States must upload genomic data and physical samples to WHO Biobank within 48 hrs.
- In return, developers commit 20 % upfront allocation of all pandemic‑related products—10 % donation + 10 % at “affordable prices”.
- Enshrines principle of “Pathogens in, Products out”.
2. Technology Transfer & IP Flexibilities
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- Countries shall “promote and otherwise facilitate or incentivise” full‑scale tech‑transfer on mutually agreed terms—rejecting purely voluntary model urged by Big Pharma .
- Aligns with Doha Declaration & TRIPS‑flexibilities; calls for regional mRNA hubs (model: WHO‑South Africa Hub).
3. Protection of the Health‑care Workforce (HCW)
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- First unanimously settled article; mandates surge rosters, PPE stockpiles & insurance cover for HCWs.
- Echoes ILO Convention 155 on Occupational Safety.
4. Global Supply‑Chain & Logistics Network (GSN)
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- “End‑to‑end visibility” dashboards; diversification of Active Pharmaceutical Ingredient (API) sources; green‑lane customs.
5. Coordinating Financial Mechanism (CFM)
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- Blended finance: assessed contributions and innovative “pandemic bond” window; target – US $10 bn/yr standby fund (same scale as World Bank‑WHO PPR Fund).
6. Monitoring, Compliance & Dispute Resolution
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- Annual compliance scorecard; peer‑review similar to Universal Periodic Review (UPR).
- Article 19 allows binding arbitration under WHO constitution—first for health treaty.
CRITICAL APPRAISAL OF THE WHO PANDEMIC AGREEMENT:
| Dimension | Strengths | Limitations |
|---|---|---|
| Equity & Justice Framework | First binding health treaty to include codified benefit-sharing linked to pathogen access. Reflects TRIPS flexibility principles in spirit. | Asymmetric enforcement: No binding sanctions for failure to donate; obligations on pharma remain largely voluntary in nature. |
| One Health Integration | Integrates One Health approach—addressing zoonotic spillovers, climate-health linkages, and pandemic origins. | Implementation may remain symbolic without mandatory compliance across wildlife, agriculture, and health ministries. |
| Learning from COVAX | Creates quantified donation floor (10% free + 10% at affordable cost), addressing ad hocism in COVAX during COVID-19. | “Affordable pricing” remains undefined, with no reference to World Bank income bands or purchasing power parity criteria. |
| Manufacturing & Access Gaps | Encourages regional manufacturing and incentivises tech transfer on “mutually agreed terms”, moving beyond voluntary frameworks. | 80% of global API and vaccine capacity still concentrated in 10 countries (WHO, 2024), risking continued dependency by Global South. |
| Financing & Fiscal Resilience | Proposes sustainable pandemic financing frameworks, nudging multilateral donors and regional development banks. | The U.S. withdrawal from WHO (22% of budget) leaves a projected $950 million fiscal gap, weakening core funding architecture. |
| Data & Pathogen Sharing | Establishes a Pathogen Access and Benefit-Sharing (PABS) system—a long-standing demand of the Global South. | Sharing protocols are still under negotiation; operational details for digital sequencing data (DSI) governance remain fragmented. |
IMPLICATIONS FOR INDIA
| Opportunity | Rationale | Actionables |
|---|---|---|
| Vaccine & biologics hub | Serum Institute, Bharat Biotech; Vaccine Maitri exported 240 mn doses by Aug 2024 | Fast track WHO pre qualification for new platforms; leverage PLI 2.0 |
| Genomic surveillance leadership | INSACOG + GUHA network | Link NIV Pune biobank to PABS; draft National Pathogen Access Bill |
| Global Health Diplomacy | G20 “One Earth One Health” legacy | Champion South South manufacturing consortium |
| Domestic Biosecurity | Rising zoonotic spill overs (Nipah 2023) | Establish National Biosecurity Authority under DM Act 2005 |
THE WAY FORWARD:
| Priority Area | Strategic Action |
|---|---|
| 1. Enforcement Architecture | Establish an independent Pandemic Treaty Compliance Committee (PTCC) with peer-review mechanisms and early warning alerts. |
| 2. Pricing Transparency | Use WHO’s Global Health Price Reference Index and World Bank income categorisation to operationalise the “affordable pricing” clause. |
| 3. Manufacturing Equity | Support Regional Vaccine Hubs (e.g., Africa CDC–India partnership) and promote technology pools through South-South consortia. |
| 4. Financing Alternatives | Institutionalise G20 Pandemic Preparedness Fund and operationalise SDG-aligned green pandemic bonds to cushion budgetary shocks. |
| 5. Digital Access Governance | Develop a framework under Digital Public Goods Alliance to govern access to genomic sequencing and related digital assets. |
THE CONCLUSION:
The Pandemic Agreement is a watershed—transforming pathogens from potential geopolitical bargaining chips into catalysts for collective security. Yet, just as Paris required Glasgow, the treaty’s promise hinges on implementation momentum. India, as the “pharmacy of the Global South”, must lead with inclusive manufacturing, ethical diplomacy and robust domestic bio‑preparedness—so that the next pathogen encounters a globe that is prepared, equitable and resilient rather than divided and reactive.
UPSC PAST YEAR QUESTION:
Q. Critically examine the role of WHO in providing global health security during the Covid-19 pandemic. 2020
MAINS PRACTICE QUESTION:
Q. The WHO Pandemic Treaty marks a pivotal step towards institutionalising global health equity, yet it remains constrained by enforcement asymmetries and fiscal vulnerabilities. Critically evaluate the strengths and limitations of the treaty.
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