The international treaty on pandemic prevention, preparedness and response

In a recent column on the need, derived from the Covid-19 pandemic, to have more resilient drug supply chains, we pointed out that one of the keys was “greater multilateral coordination, transparency, public-private collaboration, together with public policies aimed at improving local capacities, without falling into protectionism…”.

Well then, one of the possible solutions aimed at greater multilateral coordination, may come from the so-called “International Treaty on the Prevention, Preparedness and Response to Pandemics”, also known as the Pandemic Treaty, which is currently being negotiated within the World Organization of Health (WHO).

The first formal background of the Pandemic Treaty, although there were no preparatory acts, dates from December 1, 2021, when the 194 members of the WHO reached a consensus to launch the process of drafting and negotiating this treaty within the framework of the Constitution of the World Health Organization.

An intergovernmental negotiating body held its first meeting at the end of February this year, to agree on working methods and deadlines, and on November 15 released the “Zero Draft” of the Pandemic Treaty.

According to the agreed schedule, a status report will be submitted to the 76th World Health Assembly in 2023, with the goal of adopting the instrument in 2024.

According to Borrador Cerro, the objective to be achieved is to save lives and protect livelihoods, by proactively strengthening global capacities for prevention, preparation and response to pandemics and recovery of health systems. It seeks to address the deficiencies and systemic challenges that exist in these areas, at the national, regional and international levels, by substantially reducing the risk of pandemics, increasing preparedness and response capacities for them, and guaranteeing a response coordinated, collaborative and evidence-based recovery and resilient recovery of health systems.

Among the principles that inform the Pandemic Treaty, according to the current version, are respect for human rights and fundamental freedoms of people and the right to health, seeking the highest possible enjoyment. Regarding sovereignty, it is pointed out that States have the right to determine and manage their approach to public health, particularly pandemic prevention, preparation, response and recovery of health systems, in accordance with their own policies and legislation, provided that activities within their jurisdiction or control do not cause harm to other States and their peoples. Based on the principle of equity, an effective response to pandemics is sought that guarantees fair, equitable, and timely access to affordable, safe, and effective pandemic response products, between and within countries, including between countries. groups of people, regardless of their social or economic status. It is also intended that the response be inspired by solidarity, through collaboration, coordination and national, international, multilateral, bilateral and multisectoral cooperation to achieve a fairer, more equitable and better prepared world. For all of the above, transparency is essential, so that information, data and other elements are shared in this way and in a timely manner at all levels, based on and guided by the best available scientific evidence, in line with the rules of privacy and data protection. It is understood that there should be common but differentiated responsibilities and capacities, taking into account if they are developing countries, especially those that are particularly vulnerable to the adverse effects of pandemics and do not have adequate capacities to respond to pandemics.

In order to achieve equity in pandemic prevention, preparedness, response and recovery of health systems, the Cerro Draft focuses on building and maintaining an equitable, transparent, rapid, well-resourced global supply chain and logistics network. coordinated, seamless, and reliable resource pool for pandemic response products. In this sense, it seeks to promote and provide the transfer of technology and relevant technical knowledge to potential manufacturers in developing countries, to increase and strengthen regional and global manufacturing capacity. In this context, it is to be expected that there will be an intense debate on the proper balance between access to therapies and intellectual property rights. It also seeks to build and strengthen capacities and institutions for innovative research and development, particularly in developing countries, through means including scientific and technical cooperation, collaboration and communication.

Among the relevant matters is also ensuring, through existing and/or new, national or international mechanisms, sustainable and predictable financing, while improving transparency and accountability, to achieve the objective of the Pandemic Treaty.

As can be seen from those highlighted elements, the Pandemic Treaty is an ambitious, holistic and necessary effort, which should be the result of a deep reflection on what was done well and where more effective action could have been taken during the Covid-19 pandemic. 19, in order to be better prepared at the international, regional and national level to respond to future challenges, always putting the patient at the center. Regarding its final scope, it is expected that it will not only be relevant for times of crisis, but that it could have greater repercussions.

*The author is an expert in public health policies, Director of the Chilean Association of Health Law, and has been an academic at various Chilean universities on issues related to health systems.