The final draft of the pandemic agreement for the World Health Assembly (WHA) next week was published by the World Health Organization (WHO) on Wednesday – along with a document outlining the long road member states still have to travel before it is enforced.

This follows the historic agreement reached on the text in the early hours of 16 April after three years of talks on how to prevent, prepare for, and deal with, future pandemics in an equitable manner – unlike what happened during COVID when wealthy nations hoarded vaccines at the expense of low- and middle-income countries.

The procedural document outlining the steps to adoption, which will be done in terms of Article 19 of the WHO Constitution, makes sobering reading.

While the agreement needs a two-thirds vote to pass, “adoption of the text by consensus automatically fulfils this requirement”, it notes.

Once the WHA has adopted the agreement via a resolution, it will be deposited with the Secretary-General of the United Nations, who will ensure it is prepared in various languages for signature.

Member states are expected to notify the WHO Director General on whether they intend to accept the agreement within 18 months of its adoption by the WHA.

Still more PABS negotiations

But member states’ signature of the pandemic agreement will only happen after the adoption of an annex on the much-contested Pathogen Access and Benefit-Sharing (PABS) System – a mechanism on how to share information about pathogens with pandemic potential and any possible benefits (such as vaccines and therapeutics) that might arise from sharing this information.

This annex – called the PABS instrument – still has to be negotiated, and it deals with a range of issues including “the provisions governing the PABS System, definitions of pathogens with pandemic potential and PABS Materials and Sequence Information, modalities, legal nature, terms and conditions, and operational dimensions”.

This means the PABS can of worms will be reopened in the coming months and member states will once again have to find agreement on this highly contested subject.

Only once the annex has been agreed, will the WHO Pandemic Agreement be open for signature by heads of state.

But even once the heads of state have signed the agreement, countries are not bound by its provisions. 

Instead, by signing, a head of state would be “expressing political approval of the treaty concerned, and raises an expectation that the signatory will in due course take the appropriate domestic actions to become a contracting party”. 

However, before domestic ratification, member states that have signed the treaty will be expected not to undermine the agreement.

Countries that have ratified the pandemic agreement will then be expected to deposit instruments of ratification with the UN Secretary-General and once 60 countries have done so, it will come into force and the first Conference of Parties will be held.

The entire process is likely to take several years, during which time another pandemic can engulf the world.

Image Credits: Thiru Balasubramaniam.