The Civil Society Alliance drafted a letter to Permanent Missions to the United Nations whose interventions in the Pandemic Accord negotiations have supported more concrete human rights commitments and greater harmonisation with international Human Rights frameworks. The Letter calls for these States to remain firm in their support for a Human Rights based pandemic Accord.
To: The Permanent Missions of: the Arab Republic of Egypt; Ethiopia; the People’s Republic of Bangladesh, the European Union; the Republic of Costa Rica; Republic of South Africa, and The African Group
We write as members of the Civil Society Alliance (CSA) for Human Rights in the Pandemic Treaty to welcome your commitment to human rights in the proposed Pandemic Accord currently being negotiated by the WHO Intergovernmental Negotiating Body (INB).
As we approach the resumed INB9 Session, we urge you to remain steadfast in your commitment towards a human-rights-based approach to pandemic prevention, preparedness and response (pandemic PPR) and ensure explicit references to the International Human Rights Law in the WHO Pandemic Agreement. We believe this would contribute to the effective harmonization of international health emergencies law and international human rights law. This harmony can create a safety net such that peoples’ lives and livelihoods are protected under the new Pandemic Agreement.
If the Pandemic Accord is to effectively transform the world’s response to pandemics it must make bold commitments to protecting and upholding human rights. As civil society organisations, communities and academics, we welcome your proposal to reintroduce language in Article 16 (International collaboration and cooperation) to develop and implement policies to respect, protect and fulfil the human rights of all people (paragraphs 2 (a)bis and 2(h)).
However, this is a future promise, meaning the current text does not create any concrete legal obligations to protect and fulfil the human rights of all people in pandemic prevention, preparedness and response. At a minimum, this proposed language in Article 16 must be retained.
The United Nations High Commissioner for Human Rights recently stated that ‘a strong grounding in human rights would ensure that the future agreement is both effective and comprehensive in the face of future pandemic risks’[1]. Despite this, we have seen a weakening of already limited human rights commitments with each iteration of the proposed text[2]. Without your continued and outspoken support for human rights and equity in the Pandemic Accord negotiations, we are concerned that the next iteration from the Bureau will be furthermore diluted when it comes to human rights, and in particular right to health and access to medicines. We do not aspire for yet another legal instrument, but a legally binding instrument which creates concrete legal obligations to ensure effective pandemic prevention, preparedness and response, in compliance with human rights principles, prioritising the right to health for all.
We invite your attention to the Principles and Guidelines on Human Rights and Public Health Emergencies[3], developed by a diverse group of expert jurists, scholars and practitioners of public health and human rights clarifying the principles and obligations of human rights in the context of public health emergencies. Paragraph 22 of Principles and Guidelines clarifies that States are under an obligation to take deliberate, concrete and targeted measures to create an international enabling environment for the universal realization of rights in pandemic prevention, preparedness and response. We are very much concerned that a legal agreement which only agrees on high-level principles cannot create such an enabling environment internationally. Therefore, we call upon all Member States to adopt a WHO Pandemic Agreement that is consistent with this obligation.
Yours sincerely,
Sally Shackleton, Coordinator, Civil Society Alliance for Human Rights in the Pandemic Treaty
Endorsements: (as at 8 April, 13h00 SAST)
Organisations:
- Disability Rights India Foundation (India)
- Sightsavers (United Kingdom/International)
- Students for Global Health (United Kingdom)
- Alliance for Public Health (Ukraine)
- Sahyogini (India)
- Kenya Legal & Ethical Issues Network on HIV & AIDS (KELIN) (Kenya)
- Gnana oli Trust (India)
- Abweshi Kiljata (India)
- CBR Network (India)
- Medicus Mundi International – Network Health for All (Germany/International)
- Humanity Welfare Organisation Helpline (India)
- Disability Rights Fund
- Disability Rights Advocacy Fund
- Sense India
- International Network of People who Use Drugs (INPUD)
- Innovarte (Chile)
- AVAC (USA)
- Lysomal Storage Disorders Support Society (India)
- STOPAIDS (UK)
- Third World Network (Malaysia)
- People’s Health Movement South Africa
Individuals:
- Sally-Jean Shackleton (Coordinator, CSA sallyshackelton@gmail.com)
- Prof. Roojin Habibi
- Zahedul Islam
- Gopal Krishna Agarwal
- Dr k Raghuraman, (assistant professor)
- Bhavna Botta
- Kalpana Botta
- bagavathikumar
- Dr.Shanthipriya founder SAAR foundation
- Daniel Ganesan r
- G Mariappan
- Javed Ahmad Tak (Disability Rights Activist)
- Dr.Sunanda K Reddy, (CARENIDHI , Delhi)
- Nilesh Singit
- Ms Shrutilata Singh, (Sr Specialist Network support, Sense International India)
- Dr. Katrina Plamondon, (Faculty of Health & Social Development, School of Nursing, University of British Columbia (Canada)
- Fayaz Ahmad Bhat
- Rossella De Falco
- Mrs S SUMIYA
- Professor Sara (Meg) Davis, (University of Warwick)
[1] https://www.ohchr.org/sites/default/files/2024-03/2024-03-18-HC-open-letter-pandemic.pdf
[2] Initial Ten Human Rights Principles: https://opiniojuris.org/2021/11/22/human-rights-must-guide-a-pandemic-treaty/; CSA analysis of Human Rights in the Pandemic Treaty/Accord : Conceptual Zero Draft: Zero Draft and Bureau Text
[3] Principles and Guidelines on Human Rights and Public Health Emergencies adopted 10 May 2023 Global Health Law Consortium, ICJ, Foundation Brocher