Context
- Recently, India joined a coalition of developing nations, known as the “Group for Equity,” to demand a legally enforceable benefit-sharing system during the ongoing negotiations for the Pathogen Access and Benefit-Sharing (PABS) system in Geneva.
- These crucial talks aim to finalize the “rule book” or the Annex of the WHO Pandemic Agreement, which was formally adopted by the World Health Assembly in May 2025.
Key Features of the Pandemic Agreement
The Pandemic Agreement is a historic, legally binding international treaty designed to prevent a repeat of the inequities witnessed during the COVID-19 pandemic.
- Legal Basis: It is negotiated under Article 19 of the WHO Constitution. It is only the second such treaty in WHO history, following the 2003 Framework Convention on Tobacco Control (FCTC).
- Pathogen Access and Benefit-Sharing (PABS) System: This is the “soul” of the agreement. It mandates that countries rapidly share information on pathogens with pandemic potential. In exchange, manufacturers using this data must provide 20% of their real-time production of pandemic products (10% as a donation and 10% at affordable prices) to the WHO for equitable distribution.
- The “One Health” Approach: The agreement recognizes that 75% of emerging infectious diseases are zoonotic. It promotes an integrated framework that links human, animal, and environmental health to detect spillovers early.
- Sovereignty Safeguards: Critically, the treaty explicitly states that it cannot empower the WHO to mandate national lockdowns, compulsory vaccinations, or travel bans. Each member state retains full sovereign rights over its domestic public health policies.
- Institutional Framework: * Global Supply Chain and Logistics (GSCL) Network: To ensure the fair movement of medical countermeasures.
- Coordinating Financial Mechanism: To assist developing countries in building laboratory and surveillance capacities.
India’s Stand and Concerns
India has emerged as a leading voice for the Global South in these negotiations, focusing on three primary pillars:
- Equity over Charity: India opposes the “voluntary” nature of benefit-sharing, demanding that pharmaceutical companies be legally bound to share technology and products.
- Access to Raw Materials: India has highlighted that sharing pathogen data is meaningless if developing nations cannot access the raw materials needed to manufacture vaccines locally.
- Traditional Medicine: India successfully advocated for the inclusion of holistic health and traditional medicine systems within the broader pandemic preparedness framework.
Q. With reference to the 'WHO Pandemic Agreement' and the 'PABS System', consider the following statements:
1. The Pandemic Agreement is the first-ever legally binding instrument negotiated under Article 19 of the WHO Constitution.
2. Under the PABS system, pharmaceutical manufacturers are required to reserve a specific percentage of their production for the WHO during a pandemic emergency.
3. The Agreement grants the WHO the authority to mandate national lockdowns and travel restrictions in member states during a declared Public Health Emergency of International Concern (PHEIC).
How many of the statements given above are correct?
A) Only one
B) Only two
C) All three
D) None
Solution: Correct Answer: A (Only one)
• STATEMENT 1 INCORRECT: While it is a legally binding instrument under Article 19, it is the second such treaty. The first was the WHO Framework Convention on Tobacco Control (FCTC) adopted in 2003.
• STATEMENT 2 CORRECT: The PABS system includes a provision where manufacturers are expected to provide 20% of their real-time production of vaccines and therapeutics to the WHO (10% as donation, 10% at affordable prices).
• STATEMENT 3 INCORRECT: The Agreement explicitly protects national sovereignty. It states that the WHO has no power to override domestic laws or mandate lockdowns, vaccinations, or travel bans.
