This Battle Over the “Pandemic Agreement” Continues…
At this point in time, claiming victory or accepting defeat is premature. The negotiations to finalize the PABS Annex of the “Pandemic Agreement” are scheduled to resume by July 15, 2025.
JAMES ROGUSKI
The “Pandemic Agreement” has NOT been finalized.
Instead, the WHO has engaged in a theatrical reframing of their failure to truly conclude the negotiations in order to make it look like success.
In a highly unusual step under international law, the 78th World Health Assembly (WHA78) decided to “adopt” the Pandemic Agreement in two parts. Negotiations will continue for an Annex on the Pathogen Access and Benefit Sharing (PABS) System, under Article 12 of the Agreement.
Since the PABS Annex is considered as the integral part of the Pandemic Agreement, States will NOT BE ABLE TO sign the agreement until after conclusion of the negotiations of the Annex and its adoption in the next World Health Assembly.
Signature and ratification has been deferred until completion of an Annex on Pathogen Access and Benefit Sharing tentatively set to be agreed by the 79th WHA in May 2026.
Please watch the video below:
NO NATION on Earth has signed the “Pandemic Agreement.”
NO NATION ON EARTH WILL BE ABLE TO SIGN the “Pandemic Agreement” until after the InterGovernmental Working Group completes the negotiation of the PABS Annex and that Annex is adopted by the World Health Assembly at the 79th World Health Assembly in May 2026.
Article 12.2
The provisions governing the PABS System, including definitions of pathogens with pandemic potential and PABS Materials and Sequence Information, modalities, legal nature, terms and conditions, and operational dimensions, shall be developed and agreed in an instrument in accordance with Chapter III (hereinafter the “PABS Instrument”) as an annex.
Chapter III, Article 31.2
The WHO Pandemic Agreement shall be open for signature after adoption of the Annex described in Article 12.2 of this Agreement by the Health Assembly, at the World Health Organization Headquarters in Geneva, and thereafter at the United Nations Headquarters in New York, on dates to be determined by the Health Assembly.
The Seventy-eighth World Health Assembly…
(OP)9. DECIDES, in accordance with Rule 41 of its Rules of Procedure, to establish an open-ended InterGovernmental Working Group (IGWG) to:
(1) as a priority, draft and negotiate the Annex to the WHO Pandemic Agreement described in Article 12 of the WHO Pandemic Agreement and submit the outcome to the Seventy-ninth World Health Assembly for its consideration.
(OP)10. FURTHER DECIDES that the IGWG shall hold its organizational meeting no later than 15 July 2025.
https://apps.who.int/gb/ebwha/pdf_files/WHA78/A78_10Add1-en.pdf
11. In accordance with its Article 31, paragraph (2), the WHO Pandemic Agreement shall be opened for signature “after adoption of the Annex described in Article 12.2 of this Agreement by the Health Assembly, at the World Health Organization Headquarters in Geneva, and thereafter at the United Nations Headquarters in New York, on dates to be determined by the Health Assembly”. Therefore, the WHO Pandemic Agreement will be open for signature at a future date to be determined by the Health Assembly.
https://apps.who.int/gb/ebwha/pdf_files/WHA78/A78_INF9-en.pdf
What is the PABS System?
PABS is likely to be operationalized via private contracts or Standard Material Transfer Agreements (SMTAs) between the WHO and participating manufacturers. The success of the entire PABS system hinges on these contracts and the strength of the legal obligations they establish.
It is unlikely these contracts will be open to scrutiny by stakeholders who are not direct parties to the contract. This approach mirrors the commercial confidentiality the WHO has taken with SMTAs under the Pandemic Influenza Preparedness (PIP) Framework (the instrument on which PABS is based).
What is even more concerning than this lack of transparency is that, when details have been made available, the contracts contain a number of alarming clauses about force majeure, liability, and indemnification, calling into question their enforceability.
PABS contracts—and any documents that materially affect contractual obligations—should be made available to member states and civil society for scrutiny before PABS is agreed.
Flawed contracts will make for an ineffective PABS system.
Exactly why member states think they can resolve the most contentious issues of the preceding three years simply because it is in a separate annex, and in a single year, is rather baffling.
We wish the negotiators well in their endeavor, because if they don’t succeed in negotiating the PABS annex, then all the champagne that has been wheeled out to celebrate the Pandemic Agreement this week might as well go back to the cellar.
The Top 10 Reasons to Reject the WHO’s “Pandemic Agreement”
RejectTheTreaty.com | RejectTheAmendments.com
https://interestofjustice.substack.com/p/100-urgent-threats-in-the-who-pandemic
James Roguski
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This article (This Battle Over the “Pandemic Agreement” Continues…) was created and published by James Roguski and is republished here under “Fair Use”
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