MSF statement at the 9th meeting of the Intergovernmental Negotiating Body (INB) for a World Health Organization (WHO) instrument on pandemic prevention, preparedness and response.
In MSF’s view, the current draft contains several improvements on stockpiling, allocation and procurement, re-emphasises the need for respecting the use of TRIPS flexibilities, and contains improved language on access provisions in public research and development (R&D) funding agreements. Provisions on transfer of technology, licensing and transparency have also been strengthened.
However, there are outstanding issues that need to be addressed:
- Delivery of humanitarian assistance under Article 13bis.4 should not be restricted to only “recognized” humanitarian organisations as it risks undermining the principles of independence and impartiality under international humanitarian law;
- The revised text on liability and compensation in Article 15 contains no clear framework and redlines to clarify limitations and exceptions; and
- Provisions on ensuring access to end products by communities participating in biomedical research, compliance with an ethical framework, and on access to comparator products for R&D, have been deleted and should be reinstated (Article 9).
We urge negotiating parties to address these issues at INB9.
(A longer version of this statement is available here.)
