Member States of the planet wellness Organisation (WHO) adopted a fresh binding agreement in Geneva to counter future pandemics. The agreement, which creates controversy and debate on the sovereignty of states, met with mixed reactions – besides in Poland.
WHO pandemic agreement – what does it contain?
After 3 years of intense negotiations, the WHO adopted a fresh pandemic agreement in Geneva on Tuesday 121. The paper sets out the principles of cooperation and common support for countries in the event of another pandemic.
One of the key points of the treaty is the mechanics for sharing virus samples in exchange for guarantees of obtaining tests, drugs and vaccines. Up to 20% of these resources are intended to go to the WHO, which aims to guarantee equal access for poorer countries.
– This agreement is simply a triumph for public health, discipline and multilateral action. It will enable us to collectively better defend the planet from future threats of the pandemic," announced WHO CEO, Tedros Adhanom Ghebreyesus.
Poland abstains. Why?
Of the WHO associate States, eleven countries including Poland, Israel, Italy, Russia and Slovakiaabstained. Although the authoritative position of the Polish government has not yet been made public, this decision may gotta do with concerns about limiting national sovereignty.
Critical voices appear peculiarly among political groups opposed to expanding the competences of global organisations.
"The WHO wants to take over a very crucial area of life from the sovereign national states, the power which the parliament elected in the democratic elections held so far," said Confederate associate Konrad Berkowicz during the protest in December 2023.
– To date, the WHO has made recommendations which countries may or may not have followed. Meanwhile, these recommendations are no longer to be recommendations, but decisions," he added.
Controversy around Treaty provisions
According to the Treaty and the amendments to global wellness Law (IHR), the WHO would have obtained position steering authority in situations referred to as emergency wellness risks. Critics of the Treaty indicate that this could mean taking national governments' decision-making distant from wellness measures.
The amendment of Article 1 and the addition of Article 14a to IHR are peculiarly controversial. Opponents say that this leads to institutionalised centralisation of decisions, at the expense of constitutional powers of national parliaments and governments.
Does the WHO Treaty restrict the sovereignty of states?
At the legal level, global treaties, even those concluded within organisations specified as the WHO, are subject to the rule of sovereignty of the constitution of a associate State. The Polish Constitution in Article 90(1) expressly states that the transfer of competence to global bodies requires a law adopted by a qualified majority. This means that no global agreement can automatically violate national legal order without the appropriate agreement of the legislative authorities.
In this context, mention should be made to the case law of the Constitutional Court (judgment of 11 May 2005, act No K 18/04), which emphasises that ‘delegation of competence to global organisations must not consequence in the failure of the sovereign state’.
Other constitutional tribunals in Europe have besides held akin positions, including the German Bundesverfassungsgericht, which, in its judgement of 30 June 2009 (the Lisbon Treaty case), pointed out that sovereignty cannot be "blown" even in the name of global solidarity.
Conclusions and further steps
The WHO agreement is an crucial step towards global management of wellness crises. Its aim is to avoid the chaos and deficiency of coordination that occurred during the COVID-19 pandemic. On the another hand, the fresh rules require detailed analysis and public debate, especially in the context of national sovereignty and competence of national authorities.
Poland's abstaining may signal the request for further discussion and consideration before the possible ratification of the Treaty.
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WHO pandemic treaty adopted. Globalists prepared for another pandemic
