How did the South African government respond to the debate on the WHO facilitated corporate coup – a debate without public participation?

South Africa is the first African country to hold a parliamentary debate on the WHO facilitated amendments to the International Health Regulations 2005 and the proposed new pandemic treaty. MARCH 2024

Shabnam Palesa Mohamed

South Africa is the first African country to hold a parliamentary debate on the WHO facilitated amendments to the International Health Regulations 2005, and the proposed new pandemic treaty. On both, there has been no public participation process.

Note: My first article on the 1 March 2024 debate can be read here. A summary of previous efforts in South Africa to counter the WHO coup can be found here.

Next, I extracted key statements from the 1 March debate. The following three summaries are comments by the minister of health, the African National Congress representative, and the chair of the parliamentary committee on health.

A. Minister of Health: Dr. S Dhlomo

1. World Health Organization is the only world expertise of knowledge in the world that guides us. This is the international recognized body that regulates and guides everybody on issues of public health and therefore we will always listen to that.

2. The constitution goes further in section 231 subsection 4 and says that international law becomes law in the republic unless it is inconsistent with the constitution of our country.

3. Parliament has a role in terms of both national law and international law which are called treaties or conventions.

4. Negotiations on this process are underway in Geneva as I talked some of our officials are there that offers an opportunity to strengthen and extend core equity and human rights protections incorporating internationally recognized standards

5. These revised international health regulations when possible further embody these values that are very included above on international law.

6. As provided in the constitution the executive member in this case our minister is leading and ensuring participation in ongoing negotiations discussions

7. Once this process has been concluded the executive member will as mandated by the constitution that I’ve really outlined above present the amended international approval by parliament as stipulated in section 231 subsection 2 of the constitution.

8. So we are not really at any problem here we are negotiating as a country as it is expected and once the negotiations has concluded we’ll then come and seek this mandate from our parliament.

9. Once this treaty is approved by parliament it will then bind the republic this approval however of the final amended international health regulations by parliament does not translate into domestication, there still exists a need for this once approved by parliament to be domesticated into South African law as contemplated in section 231 subsection 4 of our own constitution.

10. The role of parliament does however not end with the enactment of the law. It must also play its oversight role to hold the national executive to account on behalf of the citizens of this beautiful country. Parliament has therefore two roles to play relating to international health regulations.

11. The first is the approval of the treaty for South Africa to ratify the treaty, and the second is the enactment of the international health regulations and its domestication in South African law.

12. We as a country, we as the African National Congress, have no reason not to respect what comes in there and we really would want them to move away from these terms that ‘the WHO is bullying’.

13. We are following the processes. We will come to Parliament and ask for approval once we have negotiated but the negotiations are not held by Parliament.

B. African National Congress: M L Moroane

1. World Health Organization, along with other health agencies, remind us that the health landscape is constantly evolving and that our global community is prone to health threats, emerging outbreaks and infectious diseases.

2. Therefore, the development of international agreements is in line with aiding and supporting the global community to ensure that we formulate coordinated and effective responses to health risks.

3. The South African Constitution under Section 231, Subsection 2, that is also celebrated throughout the world, places the responsibility to deliberate, to approve and or reject certain international agreements on Parliament.

4. Parliament is charged with performing an oversight role on the agreement entered into by our government and ensuring that they are aligned with the principles enshrined in our beautiful Constitution, reinforce our democratic values and complement our strategic development plans.

5. For the interest of the nation to be upheld and find expression (20:40) in international agreements, this requires a robust Parliament with dedicated Members of Parliament who from time to time empower themselves with the necessary knowledge to (20:53) engage in informal and meaningful discussions, deliberating on agreements proposed and evaluating this against the implications on our country.

6. Advancing the interest of South African citizens requires collective responsibility where Members of Parliament cooperate and partake in vigorous debates, sharing their insights and different perspectives for considerations.

7. Although Parliament consists of different political parties, this constructive deliberations, Chair, must occur beyond partisan lines for Members of Parliament to fulfil their constitutional mandate, notwithstanding that others will take this opportunity to use it as a political football.

8. However, the role of Parliament extends beyond debating, approving and or rejecting international agreements in line with Section 231, Subsection 2 of the Constitution.

9. The responsibility also extends to the implementation and monitoring of agreements. Implementation also has an impact. Parliament plays a pivotal role in ensuring good governance in our country, promoting transparency and accountability, as well as ensuring that there are checks and balances in terms of what is expected to protect and improve our public health system.

10. To this end, this places responsibility on citizens to play an active role in combating to the legislative processes by following the work of Parliament, writing to Parliament also and supporting advocacy groups and participating in other democratic methods and systems to hold public representatives accountable for prioritising health equity. All South Africans must utilise their democratic right to continue to shaping the laws that govern them and also of our country and the world we live in.

11. Furthermore, it is through consultative processes with citizens that the quality of decision making by members of Parliament is improved for making laws as they can gain deeper insight into the implications of their decisions on the lives of various groups. Furthermore, this type of inclusivity is in the decision making of Parliament promotes the social cohesion and helps prevent the marginalisation of certain groups when passing these laws. Honourable Chairperson, there are many lessons we can draw from historical and current health challenges such as HIV AIDS and COVID-19 pandemic.

12. This, however, can only be realised through advocating for the realisation of a more equitable global health system through the international proposed Parliament.

13. All stakeholders play a critical role on the development and implementation and monitoring of international agreements. In this, every government has a responsibility to ensure that we create an enabling environment for perpetuating health inequality and also address all challenges.

C. Portfolio Committee on Health: Chairperson: Dr. Jacobs

1. In December 2021, the World Health Organization’s 194 member states reached a consensus to start drafting and negotiating a convention or agreement or international instrument to strengthen pandemic prevention, preparedness and response. You must remember that this was a response to the devastating effects of the pandemic. It would be unwise not to develop such an agreement.

2. It was with this in mind that this agreement is then proposed as an international instrument and processes are thus underway to amend the International Health Regulations of 2005. Both reforms emphasis this place of equity and timely access to medical supplies needed for pandemic response. South Africa faces evolving health challenges influenced by a combination of socio-economic, environmental and demographic factors.

3. Over the years, the country has made significant progress in addressing some of these health issues. However, new challenges continue to emerge. And South Africa, like many other countries, faces ongoing challenges in managing emerging health threats compounded by disparities in equity and access to health care services.

4. In the light of these challenges, there is a need for updated health regulations to ensure that South Africa’s public health response remains effective and adaptive. And the COVID-19 pandemic demonstrated the need for agile and adaptive regulatory frameworks to facilitate rapid response and containment.

5. These regulations are essential to ensure that South Africa can effectively address emerging health threats and safeguard the health and well-being of its population in a rapidly changing world. It is important, though, to acknowledge the importance of global health frameworks for managing pandemics such as COVID-19 effectively.

6. It would be prudent for South Africa to participate in international efforts to prevent, detect and respond to pandemics. This might involve sharing data, resources and expertise while also ensuring that its own pandemic preparedness are robust.

7. Yet it is crucial to continuously balance national interests within global health frameworks by prioritizing the health needs of the country’s population while also engaging in international collaborations to address global health challenges effectively.

8. This balancing act would mean ensuring access to essential medicines for citizens while also supporting global health initiatives and promoting affordable access to medicines for all, strengthening health systems globally, which can indirectly benefit South Africa as well.

9. Honourable Chairperson, it is important that South Africa commits to placing human rights as enshrined in the constitution at the centre of global arrangements and agreements, thus reflecting its dedication to fostering a more just and equitable world, both within its borders and beyond.

10. The World Health Organization remains the cornerstone of global health governance, taking the lead in international responses to public health emergencies through establishing, monitoring and enforcing international guidelines and health policies and coordinating multiple actions towards common goals.

11. South Africa’s COVID-19 response, which is known in the world to have been one of the best responses has demonstrated the need for local and global partnerships. International health agreements often emphasize the importance of access to healthcare services.

12. Moreover, the World Health Organization provided critical support in strengthening South Africa’s COVID-19 preparedness and response by providing technical expertise in accordance with the emergency response framework, providing strategic support at national level, supporting response coordination, comprehensive capacity building and implementing innovative epidemiology models and tools.

13. In conclusion, as a summary as a country, we need to ensure equitable access to healthcare services for every citizen, strengthen our health system, ensure more investment into research, development and innovation and both diversity.
    

My insights

In 2022, deputy president David Mabuza confirmed a parliamentary approval and ratification process on the proposed pandemic treaty accord. The minister of international relations Naledi Pandor promised the same. Neither spoke about the process for parliamentary approval on the IHR 2005 amendments, until the debate 1 March 2024, wherein the same process was confirmed by the deputy minister of health, Dr S Dhlomo.

The challenges are at least two:
a) By the time this approval process happens, provisions of both the treaty and the IHR 2005 amendments could already be active by way of irregular voting process at the WHO, or an acceleration of another ‘lab leak pandemic’, and
b) There has been no public participation process on either document, which falls foul of section 42 and section 235 of the South African Constitution. This is an elections year and all indications are that the WHO is a voting issue.

Section 42: Composition of Parliament

1. Parliament consists of ­

a. the National Assembly; and

b. the National Council of Provinces.

2. The National Assembly and the National Council of Provinces participate in the legislative process in the manner set out in the Constitution.

3. The National Assembly is elected to represent the people and to ensure government by the people under the Constitution. It does this by choosing the President, by providing a national forum for public consideration of issues, by passing legislation and by scrutinizing and overseeing executive action.

4. The National Council of Provinces represents the provinces to ensure that provincial interests are taken into account in the national sphere of government. It does this mainly by participating in the national legislative process and by providing a national forum for public consideration of issues affecting the provinces.

5. The President may summon Parliament to an extraordinary sitting at any time to conduct special business.

S. 235. Self-determination

The right of the South African people as a whole to self-determination, as manifested in this Constitution, does not preclude, within the framework of this right, recognition of the notion of the right of self-determination of any community sharing a common cultural and language heritage, within a territorial entity in the Republic or in any other way, determined by national legislation.

Read my first article on the South African parliament debate

Take Action in 6 steps:

1. Read this key WHO article from my other Substack platform, Take Back Power
2. Share, print and translate this WHO Withdrawal Bill drafted in South Africa
3. Sign this petition to demand S231 of South Africa’s Constitution is amended
4. Read this policy brief: Rejecting Monopoly Power over Global Public Health
5. Read this article on the U.N, WHO and sanctions for our non-compliance
6. Watch this show: Tedros’ role in the Ethiopian genocide + Kenya’s infertility

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