Health Minister Johannes Rauch’s responses to a parliamentary question on the WHO pandemic treaty are worrying. Even if the request does not adequately reflect the problem, because it does not take into account changes in international health regulations that are binding under international law, Rauch’s statement in no way takes away those important concerns. that national sovereignty would be undermined. Even with regard to the so-called pandemic pact.
This article by T. Oysmüller first appeared on tkp.at, reproduced with permission.
The answers to a parliamentary question on the WHO Pandemic Treaty were published by Parliament last week. In it, Health Minister Johannes Rauch (Greens) explains the status of negotiations on the pandemic agreement from the perspective of the Austrian government.
Which law is above the national law?
The most explosive part is found on the third page of the query response. In it, Rauch comments on the legal concerns. They cannot allay concerns about the (remaining) lifting of national sovereignty. He writes: ,The final legal nature of the document has not yet been determined.”
According to the current state of negotiations, the treaty would have to be approved by a two-thirds majority in the National Council. It currently has a substantial majority in Parliament, as only the FPO criticizes the WHO. But liberals are far from an obstructive minority.
Also, the request does not affect the important point of WHO reform. She does not ask about the reform of “International Health Regulations” (IHR). Although the Pandemic Treaty and the IHR are intertwined, the IHR is binding under international law. While Rauch points out that, in its current planned form, exiting the pandemic treaty “covers two years after its entry into force”, with the IHR it is far more difficult.
The approved amendments to the IHR will become effective for all states within 12 months. Unless a state actively submits denial or reservation within a period of 10 months. Even in the WHO assembly itself, changes to the IHR require only a simple majority, but pandemic treaties require a two-thirds majority.
Rauch’s related request on IHR reform would probably be expedient.
But back to the pandemic contract.
Rauch praises transparent dialogue. All documents and talks are viewable. Furthermore, “from August 2022 more than 50 Austrian stakeholders such as NGOs and educational institutions and experts (sic!) have been involved at the national level”, writes the minister, who is currently heavily criticized for the “cross-reference” between the climate issue and the “pandemic”.
covid and climate
but it shouldn’t be too democratic, because it’s “No referendum/referendum planned on this subject”, Rauch answers a related question.
The EU Commission is significantly involved in the negotiations for Austria. Rauch writes:
The EU Commission was authorized by the EU Council to negotiate the so-called Pandemic Treaty. Austria is therefore involved in coordinating the position of the European Union and its member states.
The EU Commission is also the lead negotiator for Austria when it comes to amending the IHR.
Rauch clarifies where Austria’s focus is and again draws a “cross-reference” between Covid and climate:
“Austria also supports the focus on the causes of the pandemic: a sustainable, preventive approach is key. As shown by both the COVID-19 pandemic and the climate crisis, there is a very strong interdependence between health, ecological and social challenges. Therefore it is important to keep in mind the “One Health” approach to strengthen global efforts to combat antibiotic resistance (AMR).
TKP has repeatedly reported in detail on the dangers of the “one health” concept. About here.
Another legal notice is hidden below:
“The final legal evaluation of an agreement can only be made if the final text is available. An international agreement concluded by the Union becomes part of the legal order of the Union and thus has priority.
So concerns about national sovereignty may be justified. But this can be decided only after the “last lesson”.
Here is the answer to the question.
