- ADF International today joined press conference led by Congressman Chris Smith (R-NJ) to express concern over proposed WHO Pandemic Agreement.
- ADF International notes that the Agreement must not undermine human rights protections, including freedom of expression.
WASHINGTON, DC (5 February 2024) ADF International today joined a press conference on Capitol Hill titled “Growing concerns over the WHO ‘pandemic treaty’” to express concern over the restrictions to fundamental human rights, including freedom of expression, in the proposed World Health Organization’s Pandemic Agreement.
Among various issues, the most recent draft of the text, slated for adoption at the World Health Assembly in May 2024, requires parties to “combat false, misleading, misinformation or disinformation, including through effective international collaboration and cooperation” and to address so-called “infodemic management”, raising concerns about potential infringements on freedom of expression.
The press conference was led by Congressman Chris Smith (R-NJ), who serves as Chairman of the House Global Health, Global Human Rights and International Organizations Subcommittee. Other participating experts and leaders at the press conference included Congressman Brad Wenstrup, DPM (R-OH), Chairman of the House Select Subcommittee on the Coronavirus Pandemic; Tony Perkins, President of the Family Research Council; Ambassador Andrew Bremberg, Former Permanent Representative of the United States to the European Office of the United Nations; Dr. Monique Wubbenhost, OBGYN, global health expert, Senior Research Associate at the Notre Dame Center for Ethics and Culture, and Former Senior Deputy Assistant Administrator in the Bureau for Global Health at the US Agency for International Development (USAID); Brett Schaefer, the Jay Kingham Senior Research Fellow in International Regulatory Affairs at Heritage’s Margaret Thatcher Center for Freedom; Reggie Littlejohn, Founder and President of Women’s Rights Without Frontiers.
The statement, which ADF International spokesperson Megan Meador delivered, can be read in its entirety below:
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ADF International welcomes the opportunity to contribute to the critical discussion on the WHO Pandemic Agreement. In line with the Charter of the United Nations, we highlight that the international community’s efforts to prevent, prepare for, and respond to future pandemics must remain rooted in the fundamental principle of state sovereignty, including in addressing public health matters, in line with national contexts and priorities. Additionally, we emphasize the need for the text to place greater emphasis on the critical importance of ensuring respect for human rights and fundamental freedoms at all times, including during emergencies.
We underscore that the Pandemic Agreement must not undermine existing international legal obligations concerning the protection of the human right to freedom of expression, whose restrictions, including on the grounds of public health, must always be implemented with the utmost restraint and in the least restrictive manner possible. Cognizant that there can be no free societies without freedom of expression, we must not allow ever-mounting challenges to determine the veracity of information in a globalized, tech-centric world to unduly restrict free speech.
Accordingly, it is imperative that the Pandemic Agreement does in no way lead to a lowering of existing standards by promoting incursions into free expression in the name of public health, when it is possible for both to be upheld in careful balance. In this context, we are deeply concerned that references in the draft text currently under negotiation to combatting disinformation, misinformation, and misleading information, as well as to the phenomenon of an “infodemic” causing “confusion” and “mistrust”, lend themselves to undue restrictions on this fundamental freedom.
While every person has a clearly protected freedom of speech, there is no inverse right to be protected from information that could be subjectively deemed “false or misleading”, or simply “too much” by authorities. On the contrary, the right to seek and receive information is established in international law as an integral part of freedom of expression. As such, it should be valued and safeguarded as the bedrock for enhanced scrutiny and accountability over public health decisions, as past experiences during the COVID-19 pandemic have demonstrated.
Furthermore, we urge that the treaty reflect language from previously agreed intergovernmental documents, where available and appropriate. This holds particular significance in safeguarding the sovereign prerogative of states to determine which health services should be considered essential within their national framework.
As negotiations advance, though not without obstacles, it is also essential to acknowledge the impracticability of meeting the May 2024 deadline for finalizing the Pandemic Agreement, especially considering the numerous contentious issues that remain unsolved. If the U.S. and other governments are genuinely committed to the landmark goal of preparing the world for future pandemics, they must prioritize the development of a carefully crafted text that not only garners consensus, but also effectively addresses the legitimate concerns of their citizens.
