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AP Fact Check
WHO ‘PANDEMIC TREATY’ DRAFT DOESN’T SIGN OVER US SOVEREIGNTY
As the World Health Organization meets on Monday to discuss the first draft of
the treaty, social media users are misrepresenting the scope of the document to
falsely suggest signing onto it would cede U.S. rights to the international
body.
Read More
By SOPHIA TULP
Published [hour]:[minute] [AMPM] [timezone], [monthFull] [day], [year] Published
9:45 AM HST, February 24, 2023
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CLAIM: A legally-binding World Health Organization “pandemic treaty” will give
the organization the authority to control U.S. policies during a pandemic,
including those on vaccines, lockdowns, school closures and more.
AP’S ASSESSMENT: False. The voluntary treaty, which is in draft form and is
still far away from ratification, does not overrule any nation’s ability to pass
individual pandemic-related policies, multiple experts, including one involved
in the draft process, told The Associated Press. The treaty lays out broad
recommendations related to international cooperation on pandemic prevention,
preparedness and response. Nowhere in the 30-page document are lockdowns,
closures or specific citizen surveillance systems mentioned.
THE FACTS: As the WHO meets on Monday to discuss the first draft of the treaty,
social media users are misrepresenting the scope of the document to suggest
signing onto it would cede U.S. rights to the international body.
“Biden is about to give the China-controlled W.H.O. power to control the United
States. This will cover lockdowns, supply chains, surveillance, and ‘false
news’,” claimed one Instagram post referring to the treaty draft.
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Conservative blogs and commentators also shared misleading information about
what kind of actions the treaty would trigger.
“The Biden administration is in the process of finalizing a deal that would give
the WHO near-total authority to dictate America’s policies during a pandemic,”
read the caption of an Instagram post by The Epoch Times, which continued: “This
includes vaccine policies, lockdown policies, school closure policies, the
contact tracing of U.S. citizens, and even the monitoring of online speech if
that speech goes against the official narrative.”
But this interpretation of what the treaty would do is incorrect, multiple
experts agree.
“These claims are utterly false,” said Lawrence Gostin, a Georgetown University
law professor and director of the university’s WHO Collaborating Center on
National and Global Health Law. He’s been involved in the treaty’s draft
process.
“The United States retains sovereignty to set its own domestic public health
policies,” he added. “WHO does not gain any power to override domestic policy
decisions.”
The draft, also called a “zero draft,” is designed to protect the world from
future pandemics, according to the WHO. Beginning Feb. 27, the World Health
Assembly’s intergovernmental negotiating body will have a chance to review the
initial document. The first reading of the draft will also be open to all 194
WHO member states.
The text lays out a vision for building greater equity and effectiveness in
pandemic prevention, preparedness and response across the globe through
international cooperation. It encourages parties to develop a mechanism to
ensure equitable allocation of pandemic-related products such as vaccines and
tests while committing to quick and transparent reporting of clinical research
and trial results, sharing of information on emerging health threats and
recognition of WHO as the coordination authority on international health work
However, it does not overrule any nations’ individual health or domestic
policies, the U.S. Department of Health and Human Services confirmed in a
statement to the AP.
“It is false to claim that the World Health Organization has now, or will have
by virtue of these activities, any authority to direct U.S. health policy or
national health emergency response actions,” the agency wrote. “The WHO has no
such enforcement mechanisms, and its non-binding recommendations to member
states are just that: non-binding. Any associated actions at the national level
will remain reserved to sovereign states, including the United States.”
In fact, the first line of the draft states: “Reaffirming the principle of
sovereignty of States Parties in addressing public health matters, notably
pandemic prevention, preparedness, response and health systems recovery.”
And a separate section of the draft labeled “Sovereignty” clearly says that
states have “the sovereign right to determine and manage their approach to
public health, notably pandemic prevention, preparedness, response and recovery
of health systems, pursuant to their own policies and legislation, provided that
activities within their jurisdiction or control do not cause damage to their
peoples and other countries.”
Nowhere in the 30-page document are the words lockdown, closures, contact
tracing or online speech mentioned, nor are mentions of specific citizen
surveillance systems.
Further, while the treaty, if ratified, would be considered a legally-binding
document, there are effectively no legal consequences for signatories who fail
to adhere to it or violate its terms, experts said. The WHO has no enforcement
power to levy consequences over the document, other than largely symbolic
actions akin to an international “slap on the wrist,” said Dr. David Freedman,
professor emeritus of infectious diseases at the University of Alabama at
Birmingham, who also served on a separate WHO committee of experts for a decade.
Gostin agreed that there are no compliance mechanisms written into the draft,
and the provisions are about international obligations, not domestic policy.
Most of the treaty language is framed as things the signatories “should” do,
rather than “must” do, he added.
Freedman also emphasized that the draft does not use “mandatory language,” but
rather encouragements or recommendations.
“It should be noted that the US is far from agreeing to sign the Pandemic
Treaty, and it will take many months, or longer, even to negotiate a text,”
Gostin said, adding, “Even if the United States signs the treaty, it would not
empower WHO to make any public health decisions in the US or in any other
country.”
Dr. James LeDuc, a professor at the University of Texas Medical Branch who
served on a separate WHO committee that assessed parts of the international
COVID-19 response, noted that the draft would likely undergo many revisions over
what could be a multi-year process, if passed at all.
“Hopefully the draft zero of the proposed treaty will encourage a robust
international dialogue; however, reaching agreement among 194 independent
nations will likely be a very long process,” he wrote in an email.
___
This is part of AP’s effort to address widely shared misinformation, including
work with outside companies and organizations to add factual context to
misleading content that is circulating online. Learn more about fact-checking at
AP.
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founder Bob LeeClosing arguments have begun in the trial of a tech consultant in
the stabbing death of Cash App founder Bob Lee in San Francisco last year.AP
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