A coalition of 13 global and regional civil society organisations has urged the United Nations (UN) to examine the role of the four rich nations in the ongoing negotiations on the WHO’s Pandemic Agreement, alleging that their positions could weaken global health equity and the right to health.
The organisations, which include Oxfam, Third World Network (TWN) and the AHF Global Public Health Institute, have submitted a formal complaint to the UN Special Rapporteur on the Right to Health, Dr. Tlaleng Mofokeng. They have requested an investigation into what they described as efforts by the four negotiating parties, i.e., the four identified nations, to dilute key provisions of the proposed Pathogen Access and Benefit-Sharing (PABS) System, as per a statement by the Third World Network (TWN).
The PABS System forms a central part of the WHO Pandemic Agreement under negotiation. It is intended to establish rules for sharing pathogens and their genetic sequence data that could cause future pandemics, while ensuring that countries providing these materials also receive fair and timely access to the vaccines, medicines and diagnostic tests developed from them.
According to the organisations, the complaint was filed only after repeated attempts to raise concerns directly with negotiators and governments failed to produce results. They said they had sent joint letters, made direct appeals to the governments concerned and issued public warnings about the risks of inequity, biosecurity concerns and biopiracy, but these efforts were ignored.
The groups alleged that these nations have consistently opposed several proposals put forward by developing countries to make the PABS System more transparent and accountable.
Among the proposals opposed are standardised agreements governing access to pathogens and benefit-sharing, systems to trace the use of shared biological materials, and mechanisms to ensure that countries and organisations using these resources contribute fairly to global health security.
The organisations also claimed that the four parties have resisted provisions that would guarantee developing countries timely access to vaccines, therapeutics and diagnostics during future outbreaks.
They said the countries have opposed proposals requiring manufacturers to reserve a portion of their products for WHO stockpiles during health emergencies, facilitate licensing arrangements to expand production in developing countries, and make financial contributions linked to the use of shared pathogen materials.
At the same time, the complaint alleged that these governments support allowing companies receiving pathogen materials to seek intellectual property protection over products developed from them, enabling them to retain commercial control over vaccines and medicines.
Sangeeta Shashikant, Programme Coordinator at Third World Network (TWN), said the issue goes beyond politics and concerns the protection of the right to health.
She argued that international cooperation should not result in developing countries sharing pathogen samples while companies in wealthier nations retain exclusive rights over the resulting products, leaving poorer countries without timely access during health emergencies.
According to her, equity must be embedded in the rules governing the PABS System rather than remaining a broad principle. She added that the coalition believes the positions taken by the four governments are inconsistent with their obligations under international human rights law and has therefore sought the intervention of the UN Special Rapporteur.
Mohga Kamal-Yanni, consultant at Oxfam, said that without stronger benefit-sharing provisions, the world risks repeating the inequalities witnessed during the Covid-19 pandemic.
She said developing countries could once again be required to share pathogen samples and genetic information for global research while pharmaceutical companies retain the commercial benefits and affected countries struggle to obtain vaccines, medicines and diagnostics when they are most needed.
She noted that this would repeat the inequities seen during the Covid-19 pandemic despite commitments made by many governments in 2021 to build a stronger and more equitable global health system.
The organisations argued that the success of the Pandemic Agreement depends not only on rapid sharing of scientific information but also on ensuring that the benefits arising from such cooperation are distributed fairly.
They contended that without legally enforceable benefit-sharing arrangements, developing countries may have little incentive to share pathogen samples promptly during future outbreaks.
Negotiations on the PABS Annex are continuing under the WHO framework, with countries attempting to reach consensus on how pathogen sharing and benefit-sharing should be implemented before the Pandemic Agreement becomes fully operational.
The civil society groups urged the UN Special Rapporteur to engage with the governments concerned and ensure that human rights, particularly the right to health, remain central to the negotiations. They also pointed out that the credibility of the future pandemic preparedness framework will depend on whether it delivers equitable access to life-saving health technologies for all countries, rather than reproducing the disparities exposed during the Covid-19 pandemic.
