Amnesty International and Human Rights Watch Urge WTO to Approve Temporary TRIPS Waiver for COVID-19 Vaccines

Governments worldwide are being urged by Amnesty International and Human Rights Watch to halt opposition to a temporary waiver of specific global intellectual property rules that could significantly increase access to COVID-19 vaccines. This call comes ahead of a critical World Trade Organization (WTO) meeting scheduled for December 10, 2020, in Geneva.

The waiver proposal, introduced by India and South Africa, seeks to temporarily suspend certain provisions of the Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement. If adopted, it would facilitate the transfer of technology and enable manufacturers across the globe to produce COVID-19 medical products, including vaccines, more rapidly and affordably.

Bruno Stagno Ugarte, deputy executive director for advocacy at Human Rights Watch, emphasized the urgency of the proposal, stating, “Governments should swiftly adopt this proposal so they’re better able to make life-saving medical products, including vaccines, available and affordable for all.”

The proposal has garnered co-sponsorship from Kenya, Eswatini, Mozambique, and Pakistan, joining India and South Africa in backing the initiative. It has received support from approximately 100 countries, predominantly from low- and middle-income nations. However, opposition remains from a small group of high-income countries and their trading partners, including Brazil, the European Union, Canada, the United States, Japan, and the United Kingdom.

Opponents argue that existing flexibilities within the TRIPS framework, such as compulsory licensing, are sufficient to address access issues in lower-income countries. Nevertheless, historical experience indicates these mechanisms are complex and insufficient to meet the scale of the COVID-19 crisis.

Tamaryn Nelson, Amnesty International’s advisor on the right to health, underscored the human rights dimension, stating, “We can only put an end to COVID-19 if governments recognize their human rights obligations and ensure that those most in need of life-saving vaccines are not left behind.” She added that agreeing to the TRIPS waiver is a critical demonstration of states’ commitment to protecting the right to health globally.

Governments have an obligation under international human rights law to ensure equitable access to scientific advancements and must not impede other countries’ abilities to fulfill their rights to health and life. This includes securing access to essential medical products and treatments necessary to combat COVID-19.

Amnesty International and Human Rights Watch advocate that all countries should support the TRIPS waiver to promote universal and equitable access to vaccines and other medical interventions. They further call on vaccine developers, including Pfizer-BioNTech, Moderna, and Oxford/AstraZeneca, to endorse and participate in the World Health Organization’s COVID-19 Technology Access Pool, which facilitates the sharing of intellectual property and technical know-how.

In a related development, a group of United Nations human rights experts issued a joint statement welcoming the TRIPS waiver proposal. They highlighted concerns that the current TRIPS framework may negatively impact medicine prices and availability, reminding governments that intellectual property rights must not obstruct their international human rights obligations to share the benefits of scientific research widely and equitably.