AHF Nigeria urges countries to deliver pandemic deal
AIDS Healthcare Foundation AHF Nigeria has urged WHO Member States to finalize a strong, binding Pathogen Access and Benefit-Sharing (PABS) Annex to the WHO Pandemic Agreement ahead of the resumed
AIDS Healthcare Foundation AHF Nigeria has urged WHO Member States to finalize a strong, binding Pathogen Access and Benefit-Sharing (PABS) Annex to the WHO Pandemic Agreement ahead of the resumed sixth meeting of the Intergovernmental Working Group (Part B) session in Geneva from April 27 to May 1.
Adopted in May 2025, the WHO Pandemic Agreement cannot advance without the PABS Annex, which governs how pathogen samples and genetic data are shared—and how resulting benefits, including vaccines, diagnostics, and treatments, are equitably returned.
In a statement, the foundation said: “The upcoming negotiating session—the last scheduled opportunity to finalize the Annex before the World Health Assembly in May—comes at a critical moment, with key equity provisions still unresolved.
“Without a strong, enforceable agreement, the world risks repeating the failures of COVID-19, when inequitable access to lifesaving tools left many countries behind.
“The outcome of these negotiations will determine whether future pandemic responses, Public Health Emergencies of International Concern (PHEIC), and interpandemic periods (no widespread global outbreak, but public health systems remain alert, monitoring diseases, strengthening preparedness, and preventing potential future pandemics) are driven by equity and cooperation—or by delay, exclusion, and inequality.
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“Key Asks to WHO Member States:
• No Equity, No Agreement: The Pandemic Agreement cannot move forward without a binding PABS Annex that guarantees enforceable benefit-sharing across all phases—pandemics, (PHEICs) and interpandemic periods (.
• Mandatory Benefit-Sharing during a PHEICs and Interpandemic Periods, there is: Clear, upfront obligations (e.g., not deferred to bilateral negotiations between WHO and manufacturers) must include set-aside percentages of vaccines, diagnostics, and treatments; pre-negotiated licenses and know-how/technology transfer; annual financial contributions; and public access to non-commercial outputs.
• Standardized Contracts: To ensure user registration, traceability, accountability, and enforceability, key standard contract provisions must be negotiated upfront by countries, not left to bilateral negotiations between WHO and recipients.
• No Registration, No Access: Countries must support mandatory user registration, traceability, and data access agreements to protect the system and ensure it cannot be exploited anonymously.
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• Reject Dual-Track Systems: Any “hybrid” or dual track approach that separates access from benefit-sharing creates loopholes, weakens the system, and allows obligations to be bypassed.
• Support a Pro-Public Health Approach to Intellectual Property (IP): IP must be guided by public health needs: non-commercial use should not create IP monopolies over shared resources or outputs; where IP arises from commercial use, licenses must be granted to WHO for sub-licensing, especially in developing countries; and no IP should restrict others from using shared materials.
“A while ago, AHF Nigeria and her partners: Lawyers Alert, Nigerian Association of Women Journalists (NAWOJ), Nigerian Union of Allied Health Professional (NUAHP), Joint Health Sector Unions (JOHESU), Network of People Living with HIV/AIDS (NEPWHAN), Association of Women Living with HIV/AIDS in Nigeria (ASHWAN), Network of Religious Leaders Living with or Personally Affected by HIV/AIDS (NINERELA+), International Community of Women Living with HIV/AIDS (ICW), Education as a Vaccine (EVA) and the Association of Positive Youth Living with HIV/AIDS In Nigeria (APYIN) jointly called for a binding equity provisions including:
“1. Cooperation, not extraction. Those who profit from the system must contribute to the system. Participating manufacturers and all commercial users must be subject to mandatory benefit-sharing with real accountability and legal certainty through binding contracts.
“2. Meaningful Benefits need to be shared: at minimum, these should include equitable access to vaccines, diagnostics, and treatments; Non-exclusive licenses and relevant technology transfer for manufacturers in developing country regions during major health emergencies, and Annual financial contributions by Participating Manufacturers.
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“3. User Registration is required for accountability. If we do not know who is accessing the system, we cannot hold them accountable. The EU’s current position supports anonymous access, compromising system integrity and creating real biosecurity risks. Countries must support mandatory user registration and traceability to protect the system and ensure it cannot be exploited anonymously.
“We acknowledge that for all countries, this is, perhaps, the last major opportunity to shape a multilateral cooperative instrument.
“A fair instrument that is capable of effectively preventing pandemics and ensuring an equitable system where pathogen materials and genetic sequence information are not extracted from developing countries without the sharing of fair benefits in return.
“A strong PABS Annex can bring countries together and prevent the unacceptable inequities that disproportionally affected Global South countries during the last pandemic. What we are demanding is the need to build an effective and equitable system, which is to the benefit of all.”
