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
The House report on HHS Covid propaganda is devastating. The Biden administration spent almost $1 billion to push falsehoods about Covid vaccines, boosters, and masks on the American people. If a pharma company had run the campaign, it would have been fined out of existence.
HHS engaged a PR firm, the Fors Marsh Group (FMG), for the propaganda campaign. The main goal was to increase Covid vax uptake. The strategy: 1. Exaggerate Covid mortality risk 2. Downplay the fact that there was no good evidence that the Covid vax stops transmission.
The propaganda campaign extended beyond vax uptake and included exaggerating mask efficacy and pushing for social distancing and school closures.
Ultimately, since the messaging did not match reality, the campaign collapsed public trust in public health.
The PR firm (FMG) drew most of its faulty science from the CDC’s “guidance,” which ignored the FDA’s findings on the vaccine’s limitations, as well as scientific findings from other countries that contradicted CDC groupthink.
The report details the CDC’s mask flip-flopping through the years. It’s especially infuriating to recall the CDC’s weird, anti-scientific, anti-human focus on masking toddlers with cloth masks into 2022.
President Biden’s Covid advisor Ashish K. Jha waited until Dec. 2022 (right after leaving government service) to tell the country that “[t]here is no study in the world that shows that masks work that well.” What took him so long?
In 2021, former CDC director, Rochelle Walensky rewrote CDC guidance on social distancing at the behest of the national teachers’ union, guaranteeing that schools would remain closed to in-person learning for many months.
During this period, the PR firm FMG put out ads telling parents that schools would close unless kids masked up, stayed away from friends, and got Covid-vaccinated.
In March 2021, even as the CDC told the American people that the vaxxed did not need to mask, the PR firm ran ads saying that masks were still needed, even for the vaxxed. “It’s not time to ease up” we were told, in the absence of evidence any of that did any good.
In 2021, to support the Biden/Harris administration’s push for vax mandates, the PR firm pushed the false idea that the vax stopped Covid transmission. When people started getting “breakthrough” infections, public trust in public health collapsed.
Later, when the FDA approved the vax for 12 to 15-year-old kids, the PR firm told parents that schools could open in fall 2021 only if they got their kids vaccinated. These ads never mentioned side effects like myocarditis due to the vax.
HHS has scrubbed the propaganda ads from this era from its web pages. It’s easy to see why. They are embarrassing. They tell kids, in effect, that they should treat other kids like biohazards unless they are vaccinated.
When the Delta variant arrived, the PR firm doubled down on fear-mongering, masking, and social distancing.
In September 2021, CDC director Walensky overruled the agency’s external experts to recommend the booster to all adults rather than just the elderly. The director’s action was “highly unusual” and went beyond the FDA’s approval of the booster for only the elderly.
The PR campaign and the CDC persistently overestimated the mortality risk of Covid infection in kids to scare parents into vaccinating their children with the Covid vax.
In Aug. 2021, the military imposed its Covid vax mandate, leading to 8,300 servicemen being discharged. Since 2023, the DOD has been trying to get the discharged servicemen to reenlist. What harm has been done to American national security by the vax mandate?
The Biden/Harris administration imposed the OSHA, CMS, and military vax mandates, even though the CDC knew that the Delta variant evaded vaccine immunity. The PR campaign studiously avoided informing Americans about waning vaccine efficacy in the face of variants.
The propaganda campaign hired celebrities and influencers to “persuade” children to get the Covid vax.
I think if a celebrity is paid to advertise a faulty product, that celebrity should be partially liable if the product harms some people.
In the absence of evidence, the propaganda campaign ran ads telling parents that the vaccine would prevent their kids from getting Long Covid.
With the collapse in public trust in the CDC, parents have begun to question all CDC advice. Predictably, the HHS propaganda campaign has led to a decline in the uptake of routine childhood vaccines.
The report makes several recommendations, including formally defining the CDC’s core mission to focus on disease prevention, forcing HHS propaganda to abide by the FDA’s product labeling rules, and revamping the process of evaluating vaccine safety.
Probably the most important recommendation: HHS should never again adopt a policy of silencing dissenting scientists in an attempt to create an illusion of consensus in favor of CDC groupthink.
You can find a copy of the full House report here. The HHS must take its findings seriously if there is any hope for public health to regain public.
Author
From the Brownstone Institute
The sudden coming together of three great sectors of anti-establishment fury – MAGA, MAHA, and DOGE – in the last two months of the election of 2024 is one for the ages.
People are out and about, smiling at each other. It’s been true since the morning after the election, the results of which defied every prediction. Who doesn’t like to see the smug elites who have ruled the world for five awful years taken down a peg?
More than that, there are hints of a return to sanity. Mainstream advertisers are suddenly returning to X, putting their economic interest above their tribalist loyalties. The editor of pro-lockdowns Scientific American, which had long blessed totalitarian measures as true science, has resigned.
The attempt to pillage InfoWars and give it to The Onion has been reversed by a federal judge. That might be a fluke or might not be: maybe the lawfare is dialing back too. The cabinet of the incoming administration is being filled by voices that were fully censored for years. Employees are reportedly packing their bags at the FDA and other agencies.
Mainstream news commentators are sputtering around with less bravado than they have shown in years. CNN is firing major personalities.
Trump is talking about abolishing the income tax and granting $10K in tax credits per homeschooled child, not to mention blowing up college accreditation systems, among other sweeping changes.
The American Bastille day is coming, not only freeing the political prisoners of January 6 but also many of the unjustly persecuted including Ross Ulbricht, Roger Ver, and Ian Freeman, among so many others. That will be a day of rejoicing.
Oh, and peace seems to have broken out in some contentious areas of the world, for now.
What is happening? This is not the usual transfer of the resident of the White House. This is starting to look like an actual transfer of power, not just from Biden to Trump but from the permanent government – ensconced in many sectors – that has been long in hiding to an entirely new form of government responsive to actual voters.
As it turns out, there was no late surge for Kamala Harris. All the polls were wrong, and the rest was media blather. What was correct were the betting odds on Polymarket, and only days later, the FBI raided the 26-year-old founder’s home and confiscated his phone and laptop.
There are still many millions of missing voters, people who supposedly showed up for Biden in 2020 but stayed home this time. Meanwhile, there has been a historic shift in all races, ethnicities, and regions, with even the possibility of flipping California from blue to red in the future.
After decades of academic slicing and dicing of the population according to ever more eccentric identity buckets involving race, ethnicity, gender, and sexual interest, along with countless thousands of studies documenting deep complexity over intersectionality, the driving force of the election was simple: class, and the few intellectuals and some wealthy entrepreneurs who understand that.
The division was not really left vs right. It was workers vs laptoppers, wage earners vs six-figure stay-at-homers, bottom half vs top 5 percent, people with actual skills vs weaponized resume wielders, and those with affection for old-world values vs those whose educations have beaten it out of them for purposes of career advancement.
The silent majority has never been so suddenly loud. It just so happened that the heavily privileged had come to inhabit easily identifiable sectors of American society and, in the end, had no choice but hitch the whole of the overclass wagon to the fortunes of a candidate like themselves (Kamala) but who was unable to pull off a compelling masquerade. Not even a parade of well-paid celebrity endorsements could save her from total rebuke at the polls.
Sylvester Stallone called Trump a second George Washington but another reference point might be Andrew Jackson. The overwhelming victory for Trump is on a scale not seen since 1828 when, four years after the presidency was stolen from Jackson, Old Hickory came back in a wild landslide and cleaned up Washington. Trump arrives in Washington with a mandate for the same, with 81% of the public demanding that the government shrink in size and power.
It has all happened so quickly. We are barely ten days into the realization of what just transpired and the entire lay of the land seems different, like a tectonic shift in politics, culture, mood, and possibilities. We are even seeing blunt and open talk about the horrendous Covid response that so utterly demoralized the country and the world, after years of silence on the topic. We have promised hearings coming, and court cases galore now on fast track.
The sudden coming together of three great sectors of anti-establishment fury – MAGA, MAHA, and DOGE – in the last two months of the election of 2024 is one for the ages. It provides the beginnings of an answer to the great question on our minds for decades: how precisely does an authentic revolution take root in an industrialized Western democracy? Are elections capable of delivering real results?
For now, the answer seems to be yes. That should thrill any responsible observer of social, cultural, economic, and political affairs. It means that the early architects of the American system were not wrong. The intolerable costs of political upheaval of ages past can be mitigated by planting power firmly in the hands of the people through the plebiscite. This was their view and their gamble. All the evidence of our time points to the wisdom of the idea.
In the darkest days of the last year of the first Trump presidency, the bureaucracy was riding high, in full revenge mode against an elected government it hated and sought to overthrow. The agencies were passing strange edicts that felt like laws but no one knew for sure. You are essential, you are not. You must stay home, unless you have an emergency. Your elective surgery needs to wait. The kids cannot go to school. That European vacation cannot happen. You can eat at a restaurant but only if you are six feet away from other patrons and you must put this China-made cloth on your mouth if you get up to go to the restroom.
The flurry of edicts was mind-boggling. It felt like martial law, because it was some form of exactly that. The best research points to the astonishing reality that this was never really a public-health response but a scheme by security and intelligence sectors to enact some kind of global color revolution, which is why the policies were so similar the world over. It was indeed an awesome display of power, one that invaded all our communities, homes, and families.
No one knows this better than Team Trump, even if there has been near silence on the topic for all these years. They have had time to put the pieces together and figure out what happened and why. And they carefully, and in seclusion worthy of a Cistercian monastery, plotted their return, leaving nothing to chance.
Meanwhile, the past two years have had the Covid insurrectionists quietly stepping away from the spotlight, while leaving as much of their newfound power in place: the censorship, the technology, the mandates, and the propaganda that all of this shock-and-awe was nothing more than “common sense health measures.” It was never tenable, and vast numbers have come to realize that something went very wrong, like a kind of evil settled over the world and burrowed itself within all institutions.
In an instant, the whole scheme seems to be crumbling. The incredible result is that the administration under which this calamity occurred is now coming back, which is probably the strangest irony of our times.
And yet, even though no one has yet been open about precisely what happened in the White House in March 2020 to cause Trump to greenlight the lockdowns, there is a widespread belief that it was never really his choice. It was some kind of coup – egged on even by his closest advisors and the VP – that he either could not stop or lacked the personnel to marshal effective resistance. Regardless, he has been forgiven because, implausibly, the next administration not only owned the worst of it but added even more on top of that, including the wicked combination of mask mandates, forced injections, and continued school closures.
The result has been a continuing economic crisis, one far worse than agencies admit, in addition to a health, education, and cultural crisis. Meanwhile, all those involved in causing this from behind the scenes have been rewarded with professorships, loving interviews in the mainstream media, and lavish security provisions to protect them from legions of what they suppose are angry workers and peasants.
Therefore, among many of the ruling class, the results of this election are certainly not welcome, and nor are many of the early appointments. They represent the coming together of MAGA, MAHA, and DOGE, the fulfillment of decades of cultivation of disparate groups of dissidents who had not previously realized their common interests and common enemies. It was the Covid era and the imposition of top-down rule that brought them all together.
It was like three groups wandering around in a giant maze who suddenly confront each other and then, realizing that they all shared the same predicament, figure the way out together. These new alliances have not only shattered right and left, as traditionally understood, but reshaped the structural basis of political activism for the duration. It turns out that medical freedom, food freedom, free speech, political freedom, and peace all go together. Who knew?
The incumbent world of academia, think tanks, and most media simply finds itself unprepared to deal with the new realities. They had hoped everyone would forget about the last five years as if it was just a thing that happened but is now over; everyone just needs to grapple with the great reset and learn to love our new lives of surveillance, propaganda, censorship, perpetual war, poison food, unaffordable everything, and endless injections of potions for our own health and well-being.
Well, times have changed. How much? Early signs point to a dramatic unfolding of revolutionary change over the coming months. Is believing this the triumph of hope over experience? Absolutely. Then again, no one believed five years ago that most people in the world would be locked in their homes and communities, stuck drinking and streaming movies until biotech could come up with a cure for a respiratory virus with a zoonotic reservoir. Then it did not work and made people more sick than ever.
That was nuts but it happened.
If that could happen, with predictable results, the response could be equally implausible and more much thrilling. What’s man made can be unmade by man, and something new built in its place.
Author
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