RICH COUNTRIES OPPOSE

How Kenya may benefit from new pandemics treaty

The Ministry of Health last week indicated the country strongly supports the current text of the treaty

In Summary

•Muthoni said that with Kenya's proactive involvement, the international community is poised to establish a robust framework.

•The United States and EU states have opposed the relaxation of patents and commitments for technology transfer.

Health CS Susan Nakhumicha and PS Public Health Mary Muthoni during a media briefing at Afya House on March 18, 2024
SUPPORT: Health CS Susan Nakhumicha and PS Public Health Mary Muthoni during a media briefing at Afya House on March 18, 2024
Image: MAGDALENE SAYA

Kenya is expected to benefit from a new pandemics treaty mooted by retired President Uhuru Kenyatta alongside 24 other world leaders in March 2021.

The treaty being negotiated through the World Health Organization, aims to prepare countries for the next global health emergency and prevent a repeat of what some called 'vaccine apartheid' that saw rich countries hoard vaccines leaving developing countries with nothing.

Countries will resume negotiations to finalise the treaty text from April 29 to May 10 in Geneva.

WHO said next month’s negotiations will be critical because the treaty should be ready for adoption during the 77th World Health Assembly, starting May 27.

The treaty, which will be legally binding, commits countries to share information on viruses they believe have a pandemic potential. This information can be used by the pharmaceutical industry to produce vaccines. The industry will also donate cash into a pot that countries such as Kenya can use to improve their preparedness and response capacity.

Kenya will also benefit from technology transfer to build its vaccine production capacity.

The Ministry of Health last week indicated the country strongly supports the current text of the treaty, which rich countries oppose.

“Under the leadership of the Interministerial Negotiating Committee, Kenya has demonstrated its commitment to transparency and inclusivity by hosting a public participation event for the treaty. This initiative underscores Kenya's dedication to ensuring that the voices of all stakeholders, including civil society organisations and the general public, are heard and considered in shaping the treaty's provisions,” said Public Health Principal Secretary Mary Muthoni in a statement.

She said with Kenya's proactive involvement, the international community is poised to establish a robust framework.

“The treaty seeks to bolster the international community's response to pandemics and health crises, with Kenya at the forefront of drafting a comprehensive framework that addresses prevention, preparedness and response measures,” Muthoni said.

Dr Precious Matsoso, co-chair of the Intergovernmental Negotiating Body bureau, said in a statement: “There is clear recognition from governments that the goal of a pandemic agreement is to prepare the world for preventing and responding to future pandemics, built on consensus, solidarity and equity."

"These goals must remain our North Star as we move toward the finalization of this historic, pressing commitment for the world. We know that if we fail, we will be failing humanity, including all those who suffered from COVID-19, and those at risk of future pandemics,” she said.

In December 2021, the World Health Assembly met in a Special Session, the second-ever since WHO’s founding in 1948, and decided to establish the INB to draft and negotiate a WHO convention, agreement, or other international instrument on pandemic prevention, preparedness and response.

The process has involved participation of other United Nations system bodies, non-state actors, other relevant stakeholders,and the public.

 “Governments said clearly we cannot fail to reach an agreement at the next World Health Assembly to make the world healthier, fairer and safer from pandemics. We are at the finishing line and we are committed to maximizing the remaining negotiations to reach the result the entire world needs,” said co-chair of the INB bureau Roland Driece.

Although WHO plans that the treaty should be ready by May before the annual World Health Assembly, there are still 300 proposed amendments to consider before the final draft.

Most of it relates to wording. For instance while, developing countries emphasise that equitable access to medical products such as vaccinations, medicines and diagnostic tests should be guaranteed for all, rich countries call for greater emphasis on prevention.

Developing countries also want patents relaxed during a pandemic. The text of the treaty says.

“During pandemics, each party shall encourage holders of relevant patents regarding pandemic-related products, in particular those who received public funding, to forgo or otherwise charge reasonable royalties to developing country manufacturers for the use, during the pandemic, of their technology and know-how for the production of pandemic-related products,” it says.

The United States and EU states have opposed this text including commitments for technology transfer.

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