WHO Pandemic Treaty- Explained Pointwise

The COVID-19 pandemic revealed glaring weaknesses in global preparedness, coordination, and equity in responding to health emergencies. In response, WHO Member States began negotiations in December 2021, culminating in a finalized draft of the WHO Pandemic Treaty (also called Pandemic Agreement) in April 2025, which will be presented at the 78th World Health Assembly on May 19, 2025.

The treaty described as a “generational accord to make the world safer”, is a milestone in multilateral cooperation and seeks to prevent future pandemics through equity, coordination, and preparedness.

What is the WHO Pandemic Treaty?

1. A legally binding international instrument developed by an Intergovernmental Negotiating Body (INB) under the WHO Constitution.

2. Mandated in December 2021 amid COVID-19 after calls from over 20 countries and international organizations in March 2021.

3. Drafted through 13 formal negotiation rounds, including nine extended rounds and multiple intersessional consultations.

4. Its legal status: Subject to adoption by WHO’s supreme decision-making body (World Health Assembly) and ratification by individual Member States.

5. Affirms “national sovereignty in public health decisions”, explicitly stating that WHO cannot impose mandates such as lockdowns or vaccination.

What are the Key Provisions of the Draft Treaty?

1. One Health Approach- Recognizes that “human health is closely connected to the natural world.” Calls for identification and mitigation of risks from zoonotic spillovers (pathogens jumping from animals to humans).

2. Pathogen Access and Benefit-Sharing System (PABS)- Facilitates equitable access to vaccines and diagnostics for countries sharing pathogen data and genetic sequencing. Builds on lessons from the Nagoya Protocol on genetic resource sharing.

3. Global Health Equity- Emphasizes “health equity” and solidarity. Prioritizes low and middle-income countries (LMICs) in access to pandemic-related health products.

4. Technology Transfer and Capacity Building- Mandates sharing of knowledge, skills, and expertise for local vaccine and diagnostic manufacturing. Resolves IPR (Intellectual Property Rights) bottlenecks “in the public-interest.”

5. Multidisciplinary Health Emergency Workforce- Calls for the creation of a skilled, trained national and global health workforce.

6. Global Logistics and Supply Chain Network- Establishes coordinated frameworks for pandemic-time logistics and medical supply distribution.

7. Financial Mechanism- Proposes a coordinating financial structure to support pandemic prevention, preparedness, and response (PPR).

8. Sovereignty Clause- Clearly states that nothing in the treaty “shall be interpreted as providing WHO authority to order or prescribe national laws, lockdowns, or mandates.”

What is the significance of the WHO Pandemic Treaty?

1. Health Security and Global Governance- It is the first legally binding international covenant exclusively aimed at spillover infections and pandemics. It fills institutional voids exposed by COVID-19, and reinforces WHO’s centrality in global health governance post-US withdrawal.

2. Equity and Justice- It addresses vaccine apartheid experienced during COVID-19 (e.g., <20% of Africa vaccinated by early 2022 vs 70% in OECD). It embeds “public-interest” IPR clause, overcoming failures of COVAX and TRIPS Waivers. For Ex- mRNA vaccine hubs in South Africa and Indonesia under WHO’s mRNA Technology Transfer Hub.

3. Scientific Collaboration- It prioritizes data sharing, essential for early detection (e.g., SARS-CoV-2 genome shared by China on Jan 10, 2020, accelerated global response). It institutionalizes a pathogen sharing protocol, akin to Global Influenza Surveillance and Response System (GISRS).

4. Legal Diplomacy & Multilateralism- It is a historic step at a time of geopolitical fragmentation. As per WHO Director-General: “This agreement is proof that multilateralism is alive and well.”

5. Future Pandemic Preparedness- It reflects shift from reactive to prevention-based strategies (aligned with India’s “Heal in India” and “One Health” policies). It could help reduce future economic losses—COVID-19 led to a 3.4% contraction in global GDP in 2020 (IMF) and exposed $11 trillion in economic losses globally (World Bank).

6. Economic Security- It avoids repetition of pandemic-induced economic disruptions. The World Bank estimates a pandemic could wipe out 5% of global GDP.

What are the challenges and criticisms of the WHO Pandemic Treaty?

1. Absence of the USA- US announced in January 2025 its withdrawal from WHO and did not participate in final negotiations. It weakens the global enforceability and undermines universality of treaty.

2. Lack of Enforcement Mechanism- The treaty lacks binding enforcement or sanctions mechanism if countries fail to comply. The non-binding International Health Regulations (2005) was  during COVID-19.

3. North-South Divide- Developed countries insist on sharing immediate scientific data sharing. Low and middle-income countries (LMICs) have demanded reciprocity through guaranteed access to diagnostics and vaccines—a point of friction throughout negotiations.

4. Sovereignty Concerns- Many nations have resisted perceived WHO overreach into domestic health laws.

5. IPR and Pharmaceutical Lobbying- Resistance from pharma giants to mandatory knowledge and technology transfer. For ex- Moderna’s reluctance to share mRNA tech with African manufacturers despite public funding.

6. Geopolitical Tensions- Growing distrust in global bodies (e.g., WHO accused of China bias in early COVID response) may hinder data sharing and transparency.

What should be the way forward?

1. Legal Strengthening with Incentives- Add mechanisms akin to WTO Dispute Settlement Body or UNFCCC compliance mechanisms. Provide incentives (e.g., R&D grants, patent pools) for cooperation, not just obligations.

2. Strengthen WHO’s Role- Reform WHO funding (currently 80% from voluntary contributions) to ensure independence and authority.

3. National Pandemic Laws- Countries, including India, must update or enact comprehensive national pandemic legislations aligned with treaty obligations.

4. Equity-Centric IP Framework- Operationalize WHO’s mRNA hubs, expand Medicines Patent Pool (MPP) model, and fast-track TRIPS+ flexibilities.

5. Multistakeholder Involvement- Involve civil society, academia, private sector, and marginalized communities in treaty implementation.

6. Enhance Early Warning Systems- Expand WHO’s Epidemic Intelligence from Open Sources (EIOS). Integrate with AI-driven bio-surveillance systems.