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Brownstone Institute

WHO Accords Warrant Sovereignty Concern

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19 minute read

From the Brownstone Institute

BY Ramesh ThakurRAMESH THAKUR 

In agreeing to undertake to implement the WHO advisories, states will be creating a new system of pandemic management under the WHO authority and binding under international law. It will create an open-ended international law obligation to cooperate with the WHO and to fund it.

On 11 March, my article criticizing what appeared to be a slow-motion coup d’état by the World Health Organization (WHO) to seize health powers from states in the name of preparing for, conducting early warning surveillance of, and responding to “public health emergencies of international [and regional] concern” was published in the Australian. The coup was in the form of a new pandemic treaty and an extensive package of more than 300 amendments to the existing International Health Regulations (IHR) that was signed in 2005 and came into force in 2007, together referred to as the WHO pandemic accords.

The two sets of changes to the architecture of global health governance, I argued, will effectively change the WHO from a technical advisory organisation offering recommendations into a supranational public health authority telling governments what to do.

On 3 May, the Australian published a reply by Dr. Ashley Bloomfield, co-chair of the WHO working group on the IHR amendments. Bloomfield was New Zealand’s Director-General of Health from 2018–22 and received a knighthood for his services in the 2024 New Year’s Honours list. His engagement with the public debate is very welcome.

Rejecting the charge that the WHO is engaged in a power grab over states, Bloomfield wrote that as a one-time senior UN official, I “would know that no single member state is going to concede sovereignty, let alone the entire 194 members.”

I bow to the good doctor’s superior medical knowledge in comparison to my non-existent medical qualifications.

Unfortunately, I cannot say the same with respect to reforms across the UN system, or sovereignty, or the relationship between “We the peoples” (the first three words of the UN Charter), on the one hand, and UN entities as agents in the service of the peoples, on the other. On medical and not health policy issues, I would quickly find myself out of my depth. I respectfully submit that on sovereignty concerns, Dr. Ashley may be the one out of his depth.

On the first point, I was seconded to the UN Secretariat as the senior adviser to Kofi Annan on UN reforms and wrote his second reform report that covered the entire UN system: Strengthening the United Nations: An Agenda for Further Change (2002). The topic of UN reforms, both the case for it and the institutional and political obstacles frustrating the achievement of the most critical reforms, forms a core chapter of my book The United Nations, Peace and Security  (Cambridge University Press, 2006, with a substantially revised second edition published in 2017).

I was also involved in a small Canada-based group that advocated successfully for the elevation of the G20 finance ministers’ group into a leaders’ level group that could serve as an informal grouping for brokering agreements on global challenges, including pandemics, nuclear threats, terrorism, and financial crises. I co-wrote the book The Group of Twenty (G20) (Routledge, 2012) with Andrew F. Cooper, a colleague in that project.

On the second point, I played a central role in the UN’s reconceptualisation of sovereignty as state responsibility and citizens as rights holders. This was unanimously endorsed by world leaders at the UN summit in 2005.

On the third point, in Utopia Lost: The United Nations and World Order (1995), Rosemary Righter (the former chief leader writer at the Times of London) quoted Alexander Solzhenitsyn’s description of the United Nations as “a place where the peoples of the world were delivered up to the designs of governments” (p. 85).

So yes, I do indeed know something about UN system reforms and the importance of sovereignty concerns in relation to powers given to UN bodies to prescribe what states may and may not do.

In agreeing to undertake to implement the WHO advisories, states will be creating a new system of pandemic management under the WHO authority and binding under international law. It will create an open-ended international law obligation to cooperate with the WHO and to fund it. This is the same WHO that has a track record of incompetence, poor decision-making, and politicised conduct. The insistence that sovereignty is not being surrendered is formulaic and legalistic, not substantive and meaningful in practice.

It relies on a familiar technique of gaslighting that permits plausible deniability on both sides. The WHO will say it only issued advisories. States will say they are only implementing WHO recommendations as otherwise, they will become rogue international outlaws. The resulting structure of decision-making effectively confers powers without responsibility on the WHO while shredding accountability of governments to their electorates. The losers are the peoples of the world.

A “Litany of Lies” and Misconceptions? Not So Fast.

Bloomfield’s engagement with the public debate on the WHO-centric architecture of global health governance is very welcome. I have lauded the WHO’s past impressive achievements in earlier writings, for example in the co-written book Global Governance and the UN: An Unfinished Journey (Indiana University Press, 2010). I also agree wholeheartedly that it continues to do a lot of good work, 24/7. In early 2020 I fought with a US editor to reject a reference to the possible virus escape from the Wuhan lab because of WHO’s emphatic statements to the contrary. I later apologised to him for my naivete.

Once betrayed, twice shy of the message: “Trust us. We are from the WHO, here to keep you safe.”

Sir Ashley was merely echoing the WHO chief. Addressing the World Governments Summit in Dubai on 12 February, Director-General (DG) Tedros Adhanom Ghebreyesus attacked “the litany of lies and conspiracy theories” about the agreement that “are utterly, completely, categorically false. The pandemic agreement will not give WHO any power over any state or any individual.”

DG Tedros and Sir Ashley do protest too much. If Australia chooses as a sovereign nation to sign them, that does not mean there is no loss of effective sovereignty (that is, the power to make its health decisions) from that point on.

This is why all 49 Republican senators have “strongly” urged President Joe Biden to reject the proposed changes. The expansion of “WHO’s authority over member states during” pandemic emergencies, they warn, would “constitute intolerable infringements upon US sovereignty.” In addition, 22 Attorneys-General have informed Biden that the WHO writ under the new accords will not run in their states.

On 8 May, the UK said it would not sign the new treaty unless clauses requiring transfer of pandemic products were deleted. Under Article 12.6.b of the then-draft, the WHO could sign “legally binding” contracts with manufacturers to get pandemic-related “diagnostics, therapeutics or vaccines.” Ten percent of this is to be free of charge and another ten percent at profit-free prices. In the latest, 22 April draft, this last requirement comes in Article 12.3.b.i in slightly softer language.

The UK wants to retain the right to use British-made products first to address domestic requirements as judged by the government, and only then to make them available for global distribution. The draft, the government fears, will undermine British sovereignty.

On 14 May, five senators and nine representatives from the Australian parliament wrote a formal letter to PM Anthony Albanese expressing deep concern over the likely prospect of Australia signing the accords that “will transform the WHO from an advisory organisation to a supranational health authority dictating how governments must respond to emergencies which the WHO itself declares.” If adopted and implemented into Australian law, they wrote, these would give the WHO “an unacceptable level of authority, power and influence over Australia’s affairs under the guise of declaring ‘emergencies’.”

“Legally Binding” vs “Loss of Sovereignty” is a Distinction without a Difference

They can’t all be part of a global conspiracy to peddle a litany of lies. The WHO is offering up a highly specious argument. Sir Ashley didn’t really engage with the substance of my arguments either. He dismissed criticism of the proposed changes as “an attempt by the WHO to gain the power to dictate to countries what they must do in the event of a pandemic” as a “misconception.”

The G20 Leaders’ Bali Declaration (November 2022, paragraph 19) supported the goal of a “legally binding instrument that should contain both legally binding and non-legally binding elements to strengthen pandemic planning, preparedness and response (PPR) and amendments to the IHR.” In September 2023, the G20 Delhi Leaders’ Declaration (28:vi) envisioned “an ambitious, legally binding WHO” accord “as well as amendments to better implement” the IHR.

Lawrence Gostin, actively involved in the negotiations, was co-author of a report last December that said containing transnational outbreaks under WHO leadership “may require all states to forgo some level of sovereignty.” A joint Reuters-World Economic Forum article on 26 May 2023 stated: “For the new more wide-reaching pandemic accord, member states have agreed that it should be legally binding.”

The WHO itself describes the IHR as “an instrument of international law that is legally-binding on 196 countries.” Last year it published a document that includes section 4.6 on “legally binding international instruments” such as a new pandemic accord.

I get the argument that sovereign states are voluntarily agreeing to this. In terms of legal technicality, it might well be more accurate, as Libby Klein suggests in her draft letter to Australian MPs, to use words and phrases like “ceding autonomy,” “yielding “effective control over public health decisions,” “outsourcing public health decision-making to the WHO,” or “offshoring our public health decision-making.” This is the legalistic distinction that Bloomfield is effectively making.

However, simply because states must voluntarily sign the new WHO accords doesn’t mean they will not be ceding sovereignty once the accords are adopted. With all due respect to Dr. Tedros and Sir Ashley, this is a distinction without a difference. Every single “legally binding” requirement will mean a transfer of effective decision-making power on health issues to the WHO. That is a curtailment of state sovereignty and it is disingenuous to deny it.

Since the creation of the United Nations in 1945, states have been required to conduct themselves increasingly in conformity with international standards. And it is the UN system that sets most of the relevant international standards and benchmarks of state behaviour.

For example, for centuries countries had the absolute right to wage wars of aggression and defence as an acknowledged and accepted attribute of sovereignty. By adopting the United Nations Charter in 1945, they gave up the right to wage aggressive wars. I am very glad they did so. Just because the surrender of this aspect of sovereignty was voluntary, it doesn’t mean there was no surrender of sovereignty.

Similarly, by signing the Nuclear Non-proliferation Treaty (NPT), Australia and around 185 states surrendered their sovereign right to make or get the nuclear bomb. Again, I am very glad they did so.

Article 10 of the treaty does permit withdrawal after a three-month notice to other states parties and the UN Security Council:

Each Party shall in exercising its national sovereignty have the right to withdraw from the Treatyif it decides that extraordinary events…have jeopardisedthe supreme interests of its country.

Australia could still act as a sovereign state and pull out of the NPT but, absent exculpatory events, only at the reputational cost of acting illegally under international law.

North Korea first announced withdrawal from the NPT in 1993, suspended the withdrawal, withdrew in 2003, has conducted six nuclear tests since 2006, and acquired up to 50 bombs. Yet, the UN has refused to accept the withdrawal and it is still listed on the UN website as an NPT member, with the explanatory note that: “States parties to the Treaty continue to express divergent views regarding the status of the DPRK under the NPT.”

Like these two important examples, states will lose key parts of the right to exercise their sovereignty over national policy settings and decisions on health if the WHO accords are adopted. It is their sovereign right to reject the treaties now. They should exercise it before it is too late. The complications entangling the post-Brexit referendum in the UK demonstrate only too vividly how challenging it can be for a state to extricate itself from a supranational authority despite the sovereign right to do so.

The best way to allay these fears and concerns would be to return responsibility to where accountability lies: with the national government and parliament. States should learn to cooperate better in global pandemic management, not hand effective decision-making powers and authority to unelected and unaccountable international technocrats.

The Effort Should Be Put on Indefinite Hold

It is an iron law of politics that any power that can be abused, will be abused by someone, somewhere, some time in the future. For current examples of overreach by a technocrat, look no further than Australia’s eSafety Commissioner. The truly frightening thing about her example is the realisation of just how much her efforts have been deliberately embedded in a global campaign to “bureaucratise” and control the internet.

A softer conclusion is that powers once granted over citizens to authorities are far more difficult to claw back than not giving them the powers in the first place. Thus far from retreating, the Censorship-Industrial Complex is simultaneously being broadened to embrace additional sectors of governance and public policy and globalised.

report from Leeds University documented that pandemics are rare events. They are not becoming more frequent. For poor countries, their global disease burden is much lower than that of the big killer diseases like TB, malaria, and HIV/AIDS. For industrialised countries like Australia, the disease burden has been greatly reduced since the Spanish flu with improved surveillance, response mechanism, and other public health interventions.

There is no emergency justifying the rushed process. An immediate pause and a slow and deliberative process would lead to better policy development and deliver better national and global health policy outcomes.

“Pause for thought, argue for a wider delay, think it through properly. And don’t sign till it’s right.” David Frost, who led the UK Brexit negotiations.

Just so.

Author

  • Ramesh Thakur

    Ramesh Thakur, a Brownstone Institute Senior Scholar, is a former United Nations Assistant Secretary-General, and emeritus professor in the Crawford School of Public Policy, The Australian National University.

Brownstone Institute

FDA Exposed: Hundreds of Drugs Approved without Proof They Work

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From the Brownstone Institute

By Maryanne Demasi

The US Food and Drug Administration (FDA) has approved hundreds of drugs without proof that they work—and in some cases, despite evidence that they cause harm.

That’s the finding of a blistering two-year investigation by medical journalists Jeanne Lenzer and Shannon Brownleepublished by The Lever.

Reviewing more than 400 drug approvals between 2013 and 2022, the authors found the agency repeatedly ignored its own scientific standards.

One expert put it bluntly—the FDA’s threshold for evidence “can’t go any lower because it’s already in the dirt.”

A System Built on Weak Evidence

The findings were damning—73% of drugs approved by the FDA during the study period failed to meet all four basic criteria for demonstrating “substantial evidence” of effectiveness.

Those four criteria—presence of a control group, replication in two well-conducted trials, blinding of participants and investigators, and the use of clinical endpoints like symptom relief or extended survival—are supposed to be the bedrock of drug evaluation.

Yet only 28% of drugs met all four criteria—40 drugs met none.

These aren’t obscure technicalities—they are the most basic safeguards to protect patients from ineffective or dangerous treatments.

But under political and industry pressure, the FDA has increasingly abandoned them in favour of speed and so-called “regulatory flexibility.”

Since the early 1990s, the agency has relied heavily on expedited pathways that fast-track drugs to market.

In theory, this balances urgency with scientific rigour. In practice, it has flipped the process. Companies can now get drugs approved before proving that they work, with the promise of follow-up trials later.

But, as Lenzer and Brownlee revealed, “Nearly half of the required follow-up studies are never completed—and those that are often fail to show the drugs work, even while they remain on the market.”

“This represents a seismic shift in FDA regulation that has been quietly accomplished with virtually no awareness by doctors or the public,” they added.

More than half the approvals examined relied on preliminary data—not solid evidence that patients lived longer, felt better, or functioned more effectively.

And even when follow-up studies are conducted, many rely on the same flawed surrogate measures rather than hard clinical outcomes.

The result: a regulatory system where the FDA no longer acts as a gatekeeper—but as a passive observer.

Cancer Drugs: High Stakes, Low Standards

Nowhere is this failure more visible than in oncology.

Only 3 out of 123 cancer drugs approved between 2013 and 2022 met all four of the FDA’s basic scientific standards.

Most—81%—were approved based on surrogate endpoints like tumour shrinkage, without any evidence that they improved survival or quality of life.

Take Copiktra, for example—a drug approved in 2018 for blood cancers. The FDA gave it the green light based on improved “progression-free survival,” a measure of how long a tumour stays stable.

But a review of post-marketing data showed that patients taking Copiktra died 11 months earlier than those on a comparator drug.

It took six years after those studies showed the drug reduced patients’ survival for the FDA to warn the public that Copiktra should not be used as a first- or second-line treatment for certain types of leukaemia and lymphoma, citing “an increased risk of treatment-related mortality.”

Elmiron: Ineffective, Dangerous—And Still on the Market

Another striking case is Elmiron, approved in 1996 for interstitial cystitis—a painful bladder condition.

The FDA authorized it based on “close to zero data,” on the condition that the company conduct a follow-up study to determine whether it actually worked.

That study wasn’t completed for 18 years—and when it was, it showed Elmiron was no better than placebo.

In the meantime, hundreds of patients suffered vision loss or blindness. Others were hospitalized with colitis. Some died.

Yet Elmiron is still on the market today. Doctors continue to prescribe it.

“Hundreds of thousands of patients have been exposed to the drug, and the American Urological Association lists it as the only FDA-approved medication for interstitial cystitis,” Lenzer and Brownlee reported.

“Dangling Approvals” and Regulatory Paralysis

The FDA even has a term—”dangling approvals”—for drugs that remain on the market despite failed or missing follow-up trials.

One notorious case is Avastin, approved in 2008 for metastatic breast cancer.

It was fast-tracked, again, based on ‘progression-free survival.’ But after five clinical trials showed no improvement in overall survival—and raised serious safety concerns—the FDA moved to revoke its approval for metastatic breast cancer.

The backlash was intense.

Drug companies and patient advocacy groups launched a campaign to keep Avastin on the market. FDA staff received violent threats. Police were posted outside the agency’s building.

The fallout was so severe that for more than two decades afterwards, the FDA did not initiate another involuntary drug withdrawal in the face of industry opposition.

Billions Wasted, Thousands Harmed

Between 2018 and 2021, US taxpayers—through Medicare and Medicaid—paid $18 billion for drugs approved under the condition that follow-up studies would be conducted. Many never were.

The cost in lives is even higher.

A 2015 study found that 86% of cancer drugs approved between 2008 and 2012 based on surrogate outcomes showed no evidence that they helped patients live longer.

An estimated 128,000 Americans die each year from the effects of properly prescribed medications—excluding opioid overdoses. That’s more than all deaths from illegal drugs combined.

A 2024 analysis by Danish physician Peter Gøtzsche found that adverse effects from prescription medicines now rank among the top three causes of death globally.

Doctors Misled by the Drug Labels

Despite the scale of the problem, most patients—and most doctors—have no idea.

A 2016 survey published in JAMA asked practising physicians a simple question—what does FDA approval actually mean?

Only 6% got it right.

The rest assumed that it meant the drug had shown clear, clinically meaningful benefits—such as helping patients live longer or feel better—and that the data was statistically sound.

But the FDA requires none of that.

Drugs can be approved based on a single small study, a surrogate endpoint, or marginal statistical findings. Labels are often based on limited data, yet many doctors take them at face value.

Harvard researcher Aaron Kesselheim, who led the survey, said the results were “disappointing, but not entirely surprising,” noting that few doctors are taught about how the FDA’s regulatory process actually works.

Instead, physicians often rely on labels, marketing, or assumptions—believing that if the FDA has authorized a drug, it must be both safe and effective.

But as The Lever investigation shows, that is not a safe assumption.

And without that knowledge, even well-meaning physicians may prescribe drugs that do little good—and cause real harm.

Who Is the FDA Working for?

In interviews with more than 100 experts, patients, and former regulators, Lenzer and Brownlee found widespread concern that the FDA has lost its way.

Many pointed to the agency’s dependence on industry money. A BMJ investigation in 2022 found that user fees now fund two-thirds of the FDA’s drug review budget—raising serious questions about independence.

Yale physician and regulatory expert Reshma Ramachandran said the system is in urgent need of reform.

“We need an agency that’s independent from the industry it regulates and that uses high-quality science to assess the safety and efficacy of new drugs,” she told The Lever. “Without that, we might as well go back to the days of snake oil and patent medicines.”

For now, patients remain unwitting participants in a vast, unspoken experiment—taking drugs that may never have been properly tested, trusting a regulator that too often fails to protect them.

And as Lenzer and Brownlee conclude, that trust is increasingly misplaced.

Republished from the author’s Substack

 

Author

Maryanne Demasi, 2023 Brownstone Fellow, is an investigative medical reporter with a PhD in rheumatology, who writes for online media and top tiered medical journals. For over a decade, she produced TV documentaries for the Australian Broadcasting Corporation (ABC) and has worked as a speechwriter and political advisor for the South Australian Science Minister.

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Brownstone Institute

Anthony Fauci Gets Demolished by White House in New Covid Update

Published on

From the Brownstone Institute

By  Ian Miller 

Anthony Fauci must be furious.

He spent years proudly being the public face of the country’s response to the Covid-19 pandemic. He did, however, flip-flop on almost every major issue, seamlessly managing to shift his guidance based on current political whims and an enormous desire to coerce behavior.

Nowhere was this more obvious than his dictates on masks. If you recall, in February 2020, Fauci infamously stated on 60 Minutes that masks didn’t work. That they didn’t provide the protection people thought they did, there were gaps in the fit, and wearing masks could actually make things worse by encouraging wearers to touch their face.

Just a few months later, he did a 180, then backtracked by making up a post-hoc justification for his initial remarks. Laughably, Fauci said that he recommended against masks to protect supply for healthcare workers, as if hospitals would ever buy cloth masks on Amazon like the general public.

Later in interviews, he guaranteed that cities or states that listened to his advice would fare better than those that didn’t. Masks would limit Covid transmission so effectively, he believed, that it would be immediately obvious which states had mandates and which didn’t. It was obvious, but not in the way he expected.

And now, finally, after years of being proven wrong, the White House has officially and thoroughly rebuked Fauci in every conceivable way.

White House Covid Page Points Out Fauci’s Duplicitous Guidance

A new White House official page points out, in detail, exactly where Fauci and the public health expert class went wrong on Covid.

It starts by laying out the case for the lab-leak origin of the coronavirus, with explanations of how Fauci and his partners misled the public by obscuring information and evidence. How they used the “FOIA lady” to hide emails, used private communications to avoid scrutiny, and downplayed the conduct of EcoHealth Alliance because they helped fund it.

They roast the World Health Organization for caving to China and attempting to broaden its powers in the aftermath of “abject failure.”

“The WHO’s response to the COVID-19 pandemic was an abject failure because it caved to pressure from the Chinese Communist Party and placed China’s political interests ahead of its international duties. Further, the WHO’s newest effort to solve the problems exacerbated by the COVID-19 pandemic — via a “Pandemic Treaty” — may harm the United States,” the site reads.

Social distancing is criticized, correctly pointing out that Fauci testified that there was no scientific data or evidence to support their specific recommendations.

“The ‘6 feet apart’ social distancing recommendation — which shut down schools and small business across the country — was arbitrary and not based on science. During closed door testimony, Dr. Fauci testified that the guidance ‘sort of just appeared.’”

There’s another section demolishing the extended lockdowns that came into effect in blue states like California, Illinois, and New York. Even the initial lockdown, the “15 Days to Slow the Spread,” was a poorly reasoned policy that had no chance of working; extended closures were immensely harmful with no demonstrable benefit.

“Prolonged lockdowns caused immeasurable harm to not only the American economy, but also to the mental and physical health of Americans, with a particularly negative effect on younger citizens. Rather than prioritizing the protection of the most vulnerable populations, federal and state government policies forced millions of Americans to forgo crucial elements of a healthy and financially sound life,” it says.

Then there’s the good stuff: mask mandates. While there’s plenty more detail that could be added, it’s immensely rewarding to see, finally, the truth on an official White House website. Masks don’t work. There’s no evidence supporting mandates, and public health, especially Fauci, flip-flopped without supporting data.

“There was no conclusive evidence that masks effectively protected Americans from COVID-19. Public health officials flipped-flopped on the efficacy of masks without providing Americans scientific data — causing a massive uptick in public distrust.”

This is inarguably true. There were no new studies or data justifying the flip-flop, just wishful thinking and guessing based on results in Asia. It was an inexcusable, world-changing policy that had no basis in evidence, but was treated as equivalent to gospel truth by a willing media and left-wing politicians.

Over time, the CDC and Fauci relied on ridiculous “studies” that were quickly debunked, anecdotes, and ever-shifting goal posts. Wear one cloth mask turned to wear a surgical mask. That turned into “wear two masks,” then wear an N95, then wear two N95s.

All the while ignoring that jurisdictions that tried “high-quality” mask mandates also failed in spectacular fashion.

And that the only high-quality evidence review on masking confirmed no masks worked, even N95s, to prevent Covid transmission, as well as hearing that the CDC knew masks didn’t work anyway.

The website ends with a complete and thorough rebuke of the public health establishment and the Biden administration’s disastrous efforts to censor those who disagreed.

“Public health officials often mislead the American people through conflicting messaging, knee-jerk reactions, and a lack of transparency. Most egregiously, the federal government demonized alternative treatments and disfavored narratives, such as the lab-leak theory, in a shameful effort to coerce and control the American people’s health decisions.

When those efforts failed, the Biden Administration resorted to ‘outright censorship—coercing and colluding with the world’s largest social media companies to censor all COVID-19-related dissent.’”

About time these truths are acknowledged in a public, authoritative manner. Masks don’t work. Lockdowns don’t work. Fauci lied and helped cover up damning evidence.

If only this website had been available years ago.

Though, of course, knowing the media’s political beliefs, they’d have ignored it then, too.

Republished from the author’s Substack

Author

Ian Miller is the author of “Unmasked: The Global Failure of COVID Mask Mandates.” His work has been featured on national television broadcasts, national and international news publications and referenced in multiple best selling books covering the pandemic. He writes a Substack newsletter, also titled “Unmasked.”

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