The 12th Ministerial Conference of the World Trade Organisation (WTO) is taking place in Geneva from 12 to 16 June. During the conference, delegates are likely to reach a half-hearted decision on how to tackle the pandemic. In an attempt to save face following months of fruitless negotiations on the TRIPS waiver.
More than two years into the pandemic and 20 months after the official submission of the TRIPS waiver At the World Trade Organisation (WTO), nations from around the world are gathering from 12 to 16 June for the 12th WTO Ministerial Conference in Geneva. Countless lives have been lost because the WTO failed to approve the TRIPS waiver when it was most needed.
During a recent press conference, Nobel Prize winner Joseph Stiglitz stated that the pharmaceutical industry does not want a swift decision on the TRIPS waiver. «The slower the response, the higher their profits.» ’ After more than a year and a half of dithering, the European Commission and a handful of rich countries are now putting pressure on the Director-General (DG) of the WTO, Ngozi Okonjo-Iweala, to approve an alternative proposal.
The proposal currently on the table draws heavily on a text that was leaked a few months earlier. The text was presented as the result of negotiations between a small group of countries: the European Union (EU), the United States, India and South Africa. It subsequently emerged that the text had been drafted by the WTO Secretariat and that none of the members of the group in question, with the exception of the EU, had approved it. Trade unions, academics and civil society have strongly criticised the text.
Saving face for the WTO
More than 6 million people have died from Covid-19. The adoption of the initial waiver to the TRIPS Agreement could have prevented many of these deaths. Experts argue that the WTO’s alternative proposal is not aimed at increasing the availability of Covid-19 treatments. Rather than saving lives, the new text is primarily intended to save the WTO’s face.
The new proposal differs from the original TRIPS waiver in several respects. The TRIPS waiver aims to ensure equal access not only to vaccines, but also to treatments, testing kits and protective equipment, particularly in low-income countries. The new text refers only to vaccines.
Furthermore, the new text does not introduce any new, user-friendly mechanisms. It merely clarifies and utilises existing mechanisms such as compulsory licences. Finally, it fails to take into account the different types of intellectual property. It refers only to patents, and makes no mention of copyright infringement or the transparency of trade secrets and clinical trial data. These are crucial elements for facilitating the transfer of knowledge and technology.
Too little, too late
According to Rosa Pavanelli, General Secretary of Public Services International, «The text submitted to the WTO by Director-General Ngozi does not offer a genuine solution. Approving this text is worse than having no agreement at all. The fact that we have had to wait so long for such a poor outcome shows that the WTO is not up to the task of tackling this sort of challenge. It has always been the wrong institution for this discussion. What we need is a permanent mechanism that automatically triggers the suspension of harmful trade rules whenever an international public health emergency is declared in future.»
Roman Vega, global coordinator of the People’s Movement for Health (MPS), echoes this view: «Since the start of the pandemic, low-income countries have suffered from enormous inequalities in access to vaccines, testing kits and treatments. The WTO’s new proposal fails to address this issue. The organisation has clearly demonstrated that it is not the right body to make decisions on global health policy. It is absolutely essential to bring these discussions back to the right organisation and to combat the interference of private interests in international organisations.».
Adopting the original TRIPS waiver remains an option, but it is highly unlikely to happen. This is because wealthy countries continue to reject the original text and the sense of urgency surrounding the pandemic is waning.
A powerful campaign
Yet health campaigners have managed to mount a strong campaign since the proposal was submitted to the WTO. The general public now has a better understanding of how trade rules stand in the way of health equity. When it comes to healthcare, we must put people before profit. Campaigns over the last two years have also shown how intellectual property rights can hinder a strong government response in the event of an emergency. This should serve as a lesson for tackling other emergencies, such as the climate crisis. In the coming months, we must keep up the pressure to ensure that profits are not prioritised over human lives, both within and outside the WTO.
This article was written by Susana Barria (Public Services International) and Ana Vračar (People’s Movement for Health) and was previously published on People's Dispatch.
