Legislative Research Service

Reference and Research Bureau

Global Public Health Convention : The Pandemic Convention We Need

Now. A Call to Action.

BACKGROUND

Novel corona virus 2019 (2019-nCoV) or the severe acute respiratory syndrome corona
virus 2 ( SARS-CoV-2) was the causative agent of acute respiratory disease that lead to the
unprecedented outbreak in Wuhan City, Hubei, China in December 2019. This was termed as
COVID -19 by the World Health Organization (WHO). It was pronounced as a pandemic and a
health emergency of international concern in January 2020. Severe global containment was taken
worldwide in response to this global occurrence.

As of this writing, Statista has recorded a total of 6,224,819 deaths worldwide, with USA,
Brazil, and India having the most deaths.1 The economic and social disruption caused by the
pandemic is devastating: tens of millions of people are at risk of falling into extreme poverty,
while the number of undernourished people, currently estimated at nearly 690 million is still
increasing. Border closures, trade restrictions and confinement measures have been preventing
farmers from accessing markets, including for buying inputs and selling their produce, and
agricultural workers from harvesting crops, thus disrupting domestic and international food
supply chains and reducing access to healthy, safe and diverse diets. The pandemic has
decimated jobs and placed millions of livelihoods at risk. As breadwinners lose jobs, fall ill and
die, the food security and nutrition of millions of women and men are under threat, with those in
low-income countries, particularly the most marginalized populations, which include small-scale
farmers and indigenous peoples, being hardest hit.2

The first meeting of the treaty, which was attended by Department of Affairs Secretary
Teodoro Locsin, Jr. was held on March 1, 2022 and will have a second meeting on August of
2022 to start on a working draft. Simultaneously, there will be public hearing to inform its
decisions, as well as a progress report to the 76th World Health Assembly in 2024.

1
https://www.statista.com/statistics/1093256/novel-coronavirus-2019ncov-deaths-worldwide-by-country/
2
Joint Statement of ILO, FAO, IFAD and WHO, October 13, 2020
THE PANDEMIC CONVENTION

The World Health Organization 194 member states on December 1, 2021 convened in
Geneva and agreed to commence to negotiate an international agreement on how countries must
prevent, prepare for, and react to pandemics. It aims to oblige member states to share vaccines
and medical equipment in the case of future pandemic as well as information on emerging health
threats and ensure that countries will respond better than they did to covid-19. It intends to
develop the ability of countries to detect new health threats independently, react to them quickly
and define obligations for countries in case of cross-border public health threats.

The Convention shall be a formal consultation between member states, experts, relevant
organizations, regional bodies and civil society. Four non-negotiable principles shall be
presented which are:

Solidarity: based on common interests, objectives, and standards.

Transparency: is essential for rapid action, and to promote trust within and between States,
international organizations and other actors.

Equity: inclusivity and fairness recognizes the inherent right of every country, of every income
level, of every population, to participate in the system on a fair and equal basis; to access the
same levels of preparedness, ability to detect and alert, and to respond to a health threat.

Accountability: Agreements are therefore required on who is required to take what action and
when across a range of key moments. Hand-in-hand with accountability goes compliance. To
ensure mutual assurance, all actors must play their roles and be prepared to be accountable.3

GAPS WITHIN THE TREATY

The GPHC reported foreseen gaps in the treaty and these are:

1) Governance and independent monitoring

2) Finance
3) Rapid and consistent public health measures
4) Sharing for the benefit of all4

The primary concern in the implementation of the treaty is the enforcement of the
sanctions as well as incentives will as it is admitted that the Independent Panel for Pandemic
Preparedness (IPPPR) and the World Health Organization (WHO) do not have government
authority over member states. The overall responsibility for the performance of the treaty within
member countries are their respective governments.

3
GPHC Report: The Pandemic Convention. A call to action.
4
Ibid
 Another key issue that needs to be addressed would be the financing of the treaty itself,
with a needed fifteen billion dollars yearly to ensure sufficient funding for the affected countries
in all classes. IPPR said that the fund will ensure a quick response in participating countries and
will also discourage the “wait and see” strategy multiple states have done during the early days
of the pandemic.

RELEVANT LAWS

Constitutional provisions:

Sec 2, Article II, 1987 Constitution

“ X X X , adopts generally accepted principles of international law as part of the law of

the land and adheres to the policy of peace, equality, freedom cooperation, and amity with
nations.

Sec. 15, Article II, 1987 Constitution

“The State shall protect and promote the right to health of the people and instill health
consciousness among them.”

Sec. 11, Article XIII, 1987 Constitution

“The State shall adopt an integrated and comprehensive approach to health

development which shall endeavor to make essential goods, health, and other social services
available to all people at affordable cost. There shall be priority for the needs of the
underprivileged sick, elderly, disabled, women, and children. The State shall endeavor to
provide free medical care to paupers.”

Executive Order No. 292 Administrative Code of 1987

Sec 3 (5), Chapter 1, Title I

“ Powers and Functions – To carry out its mandate and accomplish its mission, the
Department (of Foreign Affairs) shall:

XXX

(5) Negotiate treaties and other agreements pursuant to instructions of the President,
and in coordination with other government agencies; “
Executive Order No. 459 Providing for the Guidelines in the Negotiation of International
Agreements and its Ratification

References:

1. GPHC Report : The Pandemic Convention We Need To Know April 2022

2. Think Global Health : The Case Against a Pandemic Treaty, November 26, 2021
3. United Nations Foundation : Q&A – After the World Health Assembly Special Session,
How likely is a Pandemic Treaty? , December 6, 2021
4. The 1987 Philippine Constitution
5. Executive Order No. 292 Administrative Code of 1987
6. Executive Order 459 Guidelines in Negotiation of International Agreements and its
Ratification

File Name : The Pandemic Convention. A call to action.

RRB/MJMV/LDPD 04/23/22
6:30am