We are writing on behalf of some public interest stakeholders invited to participate in the Pandemic Treaty Negotiations and other civil society organizations sharing their concerns and expectations about the “Conceptual Zero Draft of the proposed WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response” (the Pandemic Treaty) which is expected to be published by the INB Bureau in mid-November and form the basis of formal negotiations after the next INB session on December 5-7, 2022.
In our view, the Pandemic Treaty should reflect the following collective understanding and guidance to member states. We believe these elements are on sound legal, public policy, ethical, and scientific footing. However, we are also aware that strong commercial interests may resist some measures. Likewise, governments in some high-income countries may resist significant financial outlays to support populations in lower-income countries as generously as their own populations, even if doing so on a single lower order of magnitude is justified and conducive to the belief that nobody is safe until everyone is safe. The International Court of Justice has repeatedly ruled that it is obliged to interpret international law in a manner that ensures equity and will decide factors applicable to the circumstances,1 though recognizing and operationalizing equity in the Pandemic Treaty seems wise and fair.