The Pandemic Treaty: The Need For Nigerian Government To Engage In The Process And Negotiations Being Text Of A Paper Delivered By Prof. Uwakwe Abugu At A High Powered Meeting Organise By Federal Ministry Of Health In Conjuction With Resolve To Safe Life On Nigerians Participation In The Process And Negotiation For Pandemic Treaty On 6th Of February, 2023 At Johnwood Hotels, Abuja

 

1.0      Introduction

  • In the last three years, the COVID-19 pandemic has swept across the world, affecting millions of people and causing widespread economic and social disruption.
  • The COVID-19 pandemic revealed the fractured and inadequate state of global health law infrastructure and its deeply embedded inequalities, particularly some of the weaknesses of the IHR 2005.
  • The rapid spread of the virus has shown that one country alone cannot contain global health threats and that international cooperation is essential to prevent and respond to pandemics.
  • The most important infectious disease preparedness and response accord, the International Health Regulations (IHR), has not reliably galvanised governments to collect crucial information on emerging disease threats or share data.
  • Although the IHR requires all State Parties to establish and maintain core health system capacities, the regulations do not provide incentives for investment in national capacities to prepare for, and respond to, infectious disease threats.
  • Importantly, the IHR did not govern fair and equitable access to medical innovations and countermeasures, including life-saving medicines, vaccines, or medical supplies.
  • Overall, the pandemic revealed gaping inequities whereby essential medical resources developed in one area of the world do not accrue to the benefit of all peoples. Vaccine inequities represent a major moral failure but also a failure of global governance.

2.0      The Need for A New International Health Treaty

  • To address this challenge, the World Health Assembly (WHA), in a Special Session, convened and adopted a sole decision titled, ‘The World Together’.
  • The decision by the WHA established the Intergovernmental Negotiating Body (INB) to draft and negotiate a WHO convention, agreement or other international instruments on pandemic prevention, preparedness and response with a view to adoption under Article 19 of the WHO Constitution or other provisions of the WHO Constitution
  • Generally, the Intergovernmental Negotiation Body (INB) is a forum to negotiate a legally binding pandemic preparedness and response treaty.
  • It should be noted that the shape and content of any new treaty, including its goals, guiding principle(s), and scope, will eventually be decided by the 194 sovereign Member States of WHO since the Intergovernmental Negotiating Body (INB) functions more like a specialised technical committee of the WHA.
  • The proposed new treaty, according to the WHA, will represent a global commitment to work together as an international community to help prevent disease outbreaks from impacting individuals, communities, countries and the world in the same way as the COVID-19 pandemic did.
  • The new treaty could complement other initiatives, actions and measures aimed at making the world safer from pandemics, including the International Health Regulations and global institutions and systems working to share health technologies, information and expertise equitably.
  • The proposed treaty could use the lessons learned from the COVID-19 pandemic to develop a better international legal instrument on public health. For instance, Equity is one of the fundamental principles discussed by the INB and member states around the treaty.
  • This new treaty, as would be christened the Pandemic Treaty”, would aim to promote political commitment at the highest level by ensuring an all-of-government and whole-of-society approach within countries and sustained and sufficient political and financial investment within and among countries.

3.0      The Objectives of the Pandemic Treaty

 

  • The main objective of the Pandemic Treaty Instrument is to serve as a Regulation that contains provisions that help the international community to be better prepared and better aligned in its response to possible future pandemics across the entire cycle of detection, alarm and response.
  • The Pandemic Treaty would address focus areas like; early detection and prevention of pandemics, reporting of pandemics, resilience to future pandemics, response to future pandemics by ensuring universal and equitable access to medical solutions, such as vaccines, medicines and diagnostics, stronger international health framework with the WHO as the coordinating authority on global health matters and adoption of the one health approach.
  • The pandemic treaty will also promote international cooperation in other priority areas like surveillance, alerts and response, research and innovation and foster trust in the international health system.
  • The draft of the proposed Pandemic Treaty is divided into 35 Articles, each addressing the focus areas listed above succinctly.

4.0      Key Issues under the Pandemic Treaty

  • Preparation, Prevention and Response to future Pandemics
  • Equity
  • Respect for Human rights
  • Transparency
  • Accountability
  • Inclusiveness
  • Non-discrimination and respect for diversity
  • Scientific and evidence-informed decisions
  • One health approach
  • Common but differentiated responsibilities and capabilities in pandemic prevention, Preparedness, response and recovery of health systems

 

5.0      Nigeria’s Role in the Pandemic Treaty Negotiation

  • As a country with a large population and a vital role in West Africa, Nigeria must play a significant role in the Pandemic Treaty process.
  • Nigeria’s government must engage in these negotiations to ensure that its citizens are adequately protected from future pandemics and that the country can contribute to global health security.
  • The benefits of active engagement in the treaty negotiations are numerous and include the following =>

6.0      Benefits of Nigeria’s Participation in the Negotiation of the     Pandemic Treat

6.1      Improved preparedness and response:

  • By participating in the Pandemic Treaty negotiations, Nigeria can ensure that its health system is prepared to respond to future pandemics.
  • The treaty will provide a framework for international cooperation and sharing resources, expertise, and information, enabling countries to respond effectively to pandemics.

6.2      Access to vaccines and treatments:

  • As a party to the Pandemic Treaty, Nigeria will have greater access to vaccines, treatments and medical supplies needed to protect its citizens. The treaty will promote equitable access to health technologies and products, particularly for low and middle-income countries, ensuring that no one is left behind in the fight against pandemics.

6.3      Contribution to global health security:

  • Nigeria has a responsibility to contribute to global health security. By participating in the Pandemic Treaty process, the country can demonstrate its commitment to this goal and help to ensure that future pandemics are prevented and effectively contained.

6.4      Better protection for citizens:

  • By being a party to the Pandemic Treaty, Nigeria can ensure that its citizens are protected from future pandemics. The treaty will provide a framework for international cooperation and the sharing of information, enabling countries to respond effectively to pandemics and protect their populations.

6.5      Strengthening of international relationships:

  • Participating in the Pandemic Treaty negotiations will strengthen Nigeria’s relationships with other countries and international organisations.
  • By working together on global health issues, countries can build trust and cooperation, which can have positive effects on other areas of international relations

7.0      Consequences of a Weak Negotiation Strategy

The potential consequences of not being a strong negotiating party to the proposed Pandemic Treaty are also significant. By not participating in the negotiations, Nigeria may:

  • Lack of adequate preparedness and response:If Nigeria does not participate in the Pandemic Treaty negotiations, it may not be fully prepared to respond to future pandemics. The treaty provides a framework for international cooperation and sharing resources, expertise, and information, which will be crucial in responding to pandemics.
  • Miss out on opportunities to access vaccines and treatments: As a non-party to the Pandemic Treaty, Nigeria may not have access to vaccines, treatments, and medical supplies needed to protect its citizens. This could result in a slow and ineffective response to pandemics, putting the health of its citizens at risk.
  • Miss out on opportunities to contribute to global health security: By not participating in the Pandemic Treaty process, Nigeria may miss out on opportunities to contribute to global health security. The treaty aims to prevent and respond to future pandemics, and Nigeria’s participation would be essential in achieving this goal.
  • Access to global resources and funding may be limited: As in numerous international treaty negotiations, countries that do not fully participate in the treaty negotiations may also miss out on potential resources and support for their healthcare systems, which could result in limited progress in improving health outcomes for the citizens of Nigeria.

8.0 Conclusion,

  • The COVID-19 pandemic has highlighted the need for international cooperation in addressing global health threats.
  • The Pandemic Treaty process is an initiative of the WHO that aims to improve the global response to pandemics and address the gaps and weaknesses in the current global health system.
  • Nigeria, one of the largest and most populous countries in Africa, has a crucial role in these negotiations.
  • By participating in the treaty negotiations, Nigeria can protect its citizens, improve its healthcare system, and contribute to global health security.
  • The government should, therefore, engage actively in the treaty negotiations and ensure that its interests and priorities are reflected in the treaty’s provisions.

 

PROF. UWAKWE ABUGU is a Professor of Medical and Health Law, University of Abuja

Chairman, BOT and National President, Institute of Medical and Health Law

President, Lifeline Centre For Medical Rights and Advocacy