Brownstone Institute
WHO Accords Warrant Sovereignty Concern
From the Brownstone Institute
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.
A 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
From the Brownstone Institute
For the first time in 30 years, we have gone a long swath of time – since October 8-10 – since this service has chronicled the life of the Internet in real time.
Instances of censorship are growing to the point of normalization. Despite ongoing litigation and more public attention, mainstream social media has been more ferocious in recent months than ever before. Podcasters know for sure what will be instantly deleted and debate among themselves over content in gray areas. Some like Brownstone have given up on YouTube in favor of Rumble, sacrificing vast audiences if only to see their content survive to see the light of day.
It’s not always about being censored or not. Today’s algorithms include a range of tools that affect searchability and findability. For example, the Joe Rogan interview with Donald Trump racked up an astonishing 34 million views before YouTube and Google tweaked their search engines to make it hard to discover, while even presiding over a technical malfunction that disabled viewing for many people. Faced with this, Rogan went to the platform X to post all three hours.
Navigating this thicket of censorship and quasi-censorship has become part of the business model of alternative media.
Those are just the headline cases. Beneath the headlines, there are technical events taking place that are fundamentally affecting the ability of any historian even to look back and tell what is happening. Incredibly, the service Archive.org which has been around since 1994 has stopped taking images of content on all platforms. For the first time in 30 years, we have gone a long swath of time – since October 8-10 – since this service has chronicled the life of the Internet in real time.
As of this writing, we have no way to verify content that has been posted for three weeks of October leading to the days of the most contentious and consequential election of our lifetimes. Crucially, this is not about partisanship or ideological discrimination. No websites on the Internet are being archived in ways that are available to users. In effect, the whole memory of our main information system is just a big black hole right now.
The trouble on Archive.org began on October 8, 2024, when the service was suddenly hit with a massive Denial of Service attack (DDOS) that not only took down the service but introduced a level of failure that nearly took it out completely. Working around the clock, Archive.org came back as a read-only service where it stands today. However, you can only read content that was posted before the attack. The service has yet to resume any public display of mirroring of any sites on the Internet.
In other words, the only source on the entire World Wide Web that mirrors content in real time has been disabled. For the first time since the invention of the web browser itself, researchers have been robbed of the ability to compare past with future content, an action that is a staple of researchers looking into government and corporate actions.
It was using this service, for example, that enabled Brownstone researchers to discover precisely what the CDC had said about Plexiglas, filtration systems, mail-in ballots, and rental moratoriums. That content was all later scrubbed off the live Internet, so accessing archive copies was the only way we could know and verify what was true. It was the same with the World Health Organization and its disparagement of natural immunity which was later changed. We were able to document the shifting definitions thanks only to this tool which is now disabled.
What this means is the following: Any website can post anything today and take it down tomorrow and leave no record of what they posted unless some user somewhere happened to take a screenshot. Even then there is no way to verify its authenticity. The standard approach to know who said what and when is now gone. That is to say that the whole Internet is already being censored in real time so that during these crucial weeks, when vast swaths of the public fully expect foul play, anyone in the information industry can get away with anything and not get caught.
We know what you are thinking. Surely this DDOS attack was not a coincidence. The time was just too perfect. And maybe that is right. We just do not know. Does Archive.org suspect something along those lines? Here is what they say:
Last week, along with a DDOS attack and exposure of patron email addresses and encrypted passwords, the Internet Archive’s website javascript was defaced, leading us to bring the site down to access and improve our security. The stored data of the Internet Archive is safe and we are working on resuming services safely. This new reality requires heightened attention to cyber security and we are responding. We apologize for the impact of these library services being unavailable.
Deep state? As with all these things, there is no way to know, but the effort to blast away the ability of the Internet to have a verified history fits neatly into the stakeholder model of information distribution that has clearly been prioritized on a global level. The Declaration of the Future of the Internet makes that very clear: the Internet should be “governed through the multi-stakeholder approach, whereby governments and relevant authorities partner with academics, civil society, the private sector, technical community and others.” All of these stakeholders benefit from the ability to act online without leaving a trace.
To be sure, a librarian at Archive.org has written that “While the Wayback Machine has been in read-only mode, web crawling and archiving have continued. Those materials will be available via the Wayback Machine as services are secured.”
When? We do not know. Before the election? In five years? There might be some technical reasons but it might seem that if web crawling is continuing behind the scenes, as the note suggests, that too could be available in read-only mode now. It is not.
Disturbingly, this erasure of Internet memory is happening in more than one place. For many years, Google offered a cached version of the link you were seeking just below the live version. They have plenty of server space to enable that now, but no: that service is now completely gone. In fact, the Google cache service officially ended just a week or two before the Archive.org crash, at the end of September 2024.
Thus the two available tools for searching cached pages on the Internet disappeared within weeks of each other and within weeks of the November 5th election.
Other disturbing trends are also turning Internet search results increasingly into AI-controlled lists of establishment-approved narratives. The web standard used to be for search result rankings to be governed by user behavior, links, citations, and so forth. These were more or less organic metrics, based on an aggregation of data indicating how useful a search result was to Internet users. Put very simply, the more people found a search result useful, the higher it would rank. Google now uses very different metrics to rank search results, including what it considers “trusted sources” and other opaque, subjective determinations.
Furthermore, the most widely used service that once ranked websites based on traffic is now gone. That service was called Alexa. The company that created it was independent. Then one day in 1999, it was bought by Amazon. That seemed encouraging because Amazon was well-heeled. The acquisition seemed to codify the tool that everyone was using as a kind of metric of status on the web. It was common back in the day to take note of an article somewhere on the web and then look it up on Alexa to see its reach. If it was important, one would take notice, but if it was not, no one particularly cared.
This is how an entire generation of web technicians functioned. The system worked as well as one could possibly expect.
Then, in 2014, years after acquiring the ranking service Alexa, Amazon did a strange thing. It released its home assistant (and surveillance device) with the same name. Suddenly, everyone had them in their homes and would find out anything by saying “Hey Alexa.” Something seemed strange about Amazon naming its new product after an unrelated business it had acquired years earlier. No doubt there was some confusion caused by the naming overlap.
Here’s what happened next. In 2022, Amazon actively took down the web ranking tool. It didn’t sell it. It didn’t raise the prices. It didn’t do anything with it. It suddenly made it go completely dark.
No one could figure out why. It was the industry standard, and suddenly it was gone. Not sold, just blasted away. No longer could anyone figure out the traffic-based website rankings of anything without paying very high prices for hard-to-use proprietary products.
All of these data points that might seem unrelated when considered individually, are actually part of a long trajectory that has shifted our information landscape into unrecognizable territory. The Covid events of 2020-2023, with massive global censorship and propaganda efforts, greatly accelerated these trends.
One wonders if anyone will remember what it was once like. The hacking and hobbling of Archive.org underscores the point: there will be no more memory.
As of this writing, fully three weeks of web content have not been archived. What we are missing and what has changed is anyone’s guess. And we have no idea when the service will come back. It is entirely possible that it will not come back, that the only real history to which we can take recourse will be pre-October 8, 2024, the date on which everything changed.
The Internet was founded to be free and democratic. It will require herculean efforts at this point to restore that vision, because something else is quickly replacing it.
Authors
From the Brownstone Institute
I can count on one hand the times I have seen leaders of media organizations engage in anything that could be described as hard-hitting forms of self-critique in the public square.
One of those times was when Meta CEO Mark Zuckerberg went on public record, in a letter to the Republican House Judiciary Committee (dated August 26th, 2024), that he “regretted” bowing to pressure from the Biden administration to censor “certain Covid-19 content.” Another was the almost unprecedented public apology in January 2022 (here’s a report in English) by a Danish newspaper that it had towed the “official” line during the pandemic far too uncritically.
We witnessed a third moment of critical introspection from a media owner the other day, when Jeff Bezos, who owns the Washington Post and is the largest shareholder of Amazon, suggested in an op-ed in his own newspaper that legacy media may have themselves at least partly to blame for the loss of public trust in the media.
In this context, he argued that his decision not to authorize the Washington Post to endorse a presidential candidate could be “a meaningful step” toward restoring public trust in the media, by addressing the widespread perception that media organizations are “biased” or not objective.
You don’t need to be a fan of Jeff Bezos, any more than of Mark Zuckerberg, to recognize that it is a good thing that prominent representatives of the financial and political elite of modern societies, whatever their personal flaws and contradictions, at least begin to express doubts about the conduct and values of media organizations. Some truths, no matter how obvious, will not resonate across society until prominent opinion leaders viewed as “safe” or “established,” say them out loud.
Bezos opens his Washington Post op-ed by pointing out that public trust in American media has collapsed in recent generations and is now at an all-time low (a substantial decline can be seen across many European countries as well if you compare the Reuters Digital News Report from 2015 with that of 2023 — for example, Germany sees a drop from 60% to 42% trust and the UK sees a drop from 51% to 33%).
In the annual public surveys about trust and reputation, journalists and the media have regularly fallen near the very bottom, often just above Congress. But in this year’s Gallup poll, we have managed to fall below Congress. Our profession is now the least trusted of all. Something we are doing is clearly not working…Most people believe the media is biased. Anyone who doesn’t see this is paying scant attention to reality, and those who fight reality lose.
Something we are doing is clearly not working. This is the sort of candid introspection we need to see a lot more of in journalists and media owners. If someone stops trusting you, it’s easy to point the finger at someone else or blame it on “disinformation” or citizen ignorance. It’s not so easy to make yourself vulnerable and take a long, hard look at yourself in the mirror to figure out how you’ve lost their trust.
The owner of the Washington Post does not offer an especially penetrating diagnosis of the problem. However, he does point out some relevant facts that may be worth pondering if we are to come to a deeper understanding of the fact that the Joe Rogan podcast, with an estimated audience of 11 million, now has nearly 20 times CNN’s prime-time audience:
The Washington Post and the New York Times win prizes, but increasingly we talk only to a certain elite. More and more, we talk to ourselves. (It wasn’t always this way — in the 1990s we achieved 80 percent household penetration in the DC metro area.)
More and more, we talk to ourselves. Much of the legacy media has become an ideological echo chamber, as I pointed out in an op-ed in the Irish Times a few years ago. Conversations go back and forth between journalists about things they care about, while a substantial number of ordinary citizens, whose minds are on other things, like paying their mortgage, getting a medical appointment, or worrying about the safety of their streets, switch off.
While there are some notable exceptions, the echo-chamber effect is real and may be part of the explanation for the flight of a growing number of citizens into the arms of alternative media.
The increasing disconnect between self-important legacy journalists and the man and woman on the street has been evidenced by the fact that so-called “populism” was sneered at by many journalists across Europe and North America while gathering serious momentum on the ground.
It was also evidenced by the fact that serious debates over issues like the harms of lockdowns and the problem of illegal immigration, were largely sidelined by many mainstream media across Europe while becoming a catalyst for successful political movements such as the Brothers of Italy, Le Pen’s Rassemblement National in France, Alternativ für Deutschland in Germany, and the Freedom Party in Austria.
Perhaps part of the problem is that those working in well-established media organizations tend to take the moral and intellectual high ground and severely underestimate the capacity of ordinary citizens to think through issues for themselves, or to intelligently sort through competing sources of information.
Indeed, even Jeff Bezos, in his attempt to be critical of legacy media, could not resist depicting alternative media exclusively in negative terms. “Many people,” he lamented, “are turning to off-the-cuff podcasts, inaccurate social media posts and other unverified news sources, which can quickly spread misinformation and deepen divisions.”
While there is undoubtedly an abundance of confusion and false and misleading information on social media, it is by no means absent from the legacy media, which has gotten major issues badly wrong. For example, many mainstream journalists and talk show hosts uncritically celebrated the idea that Covid vaccines would block viral transmission, in the absence of any solid scientific evidence for such a belief. Similarly, many journalists dismissed the Covid lab-leak theory out of hand, until it emerged that it was actually a scientifically respectable hypothesis.
We should thank Jeff Bezos for highlighting the crisis of trust in the media. But his complacency about the integrity of traditional news sources and his dismissive attitude toward “alternative sources” of news and information are themselves part of the reason why many people are losing respect for the legacy media.
Republished from the author’s Substack
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