Minister Butler Remains a Puppet for WHO

Last week (May 27 to June 1, 2024), the World Health Assembly (WHA77) of the World Health Organisation (WHO) debated two matters. The first was a new Pandemic Treaty designed to expand the powers of the WHO beyond pandemics, to include any health issue related to human, plant, or animal health, granting them the power to compel nations to comply with its directives. After two and a half years of negotiation, the Treaty was not brought to a vote and has been delayed for another year. This is a black eye to the nations, including Australia, that tried to subjugate Australian sovereignty to unelected bureaucrats in Geneva and who are owned by pharmaceutical companies.

The second matter that passed involved changes to WHO’s operating manual, known as the International Health Regulations. The proposed changes would have granted the WHO similar powers to the Pandemic Treaty. These changes were also opposed by member states. The outcome were minor changes that take on board lessons learned from COVID and contains no loss of sovereignty. These changes will reduce the chance of a nation infecting the world with a virus while pretending nothing was wrong, as happened with COVID.

There are legal objections to the amendments passing. For instance, the notice given of the changes breached the WHO constitution, which poses a significant problem.

Yesterday at Estimates, I asked the officials who attended WHA77 about the comments made by Health Minister Mark Butler, where he called for stronger binding powers. Instead of addressing Minister Butler’s comment, their response focused on the measures that were passed, thereby avoiding the topic of “binding”. Let me help the bureaucrats out: binding (adjective) that which must be obeyed.

This is what they were avoiding saying: Minister Butler is calling for Australian sovereignty to be ceded to unaccountable, unelected bureaucrats on the other side of the world, as if they know better than our own health workers, here on the ground, what is best for Australia.

Transcript

Senator ROBERTS: My questions are in regard to Minister Butler’s comments at the Seventy-seventh World Health Assembly in Geneva last week and, following on from that, the World Health Organization’s attempts at pandemic treaties and international health regulation amendments. Minister Butler, at the Seventy-seventh World Health Assembly in Geneva last week, made the following comments: We are fully committed to concluding the World Health Organization pandemic agreement. Together, we have made considerable progress in our shared ambition towards a set of binding international commitments for pandemic prevention, preparedness and response. Could you please explain to me what he means by the word ‘binding’?  

Prof. Kelly: I was present in the room in Geneva when the minister made that statement that you’ve quoted. I must say it was one of the proudest moments I’ve ever had as an Australian to hear our own minister for health at such an assembly defending and encouraging the world to think about multilateralism to protect us from the next pandemic. That’s what the changes to the International Health Regulations that went through the assembly by the end of last week and the continued work on the pandemic agreement represent. If we think about a global pandemic, the only way to protect Australians in the best way is to be part of a global approach to preparing for the next pandemic, for putting in place things that can respond quickly and appropriately and for the whole world to have the same direction. I’ll pass on to my colleague Mr Ross Hawkins, who will be able to give more detail on the specifics of your question.  

Senator ROBERTS: Can someone answer that specific point about ‘binding’?  

Mr Hawkins: Within the formation of the IHR, there are elements that are binding on nation states, and we can go to the process that this would need to go through in terms of its adoption within Australia and what that looks like in terms of JSCOT processes. It’s important to note there are certain elements in there that we would look to commit to. These are things that Australia is already doing. But largely, this is around the kind of multinational approach that Professor Kelly took us through there and getting a sense of commitment across the globe on how we deal with global health issues. With the notion of the binding elements within the IHR, there’s elements regarding the establishment of an IHR authority, which Australia has in its interim CDC. It talks about the strengthening of frameworks—  

Senator ROBERTS: Excuse me? Could you explain that, please—’which Australia has’?  

Mr Hawkins: Yes. Professor Kelly will take us through the interim CDC that we have, and that will be— 

Senator ROBERTS: CDC being the Australian CDC?  

Mr Hawkins: Centre for Disease Control, correct.  

Senator ROBERTS: But Australia’s?  

Mr Hawkins: Correct. I think it’s really important for us to establish that there is no change in the IHRs to the way that member states adopt within national legislation what this would look like. There is no power grab by the WHO. This is actually around how we will adopt this within Australia, or what we’re already doing in Australia to strengthen our surveillance and prevention and preparedness for a global pandemic.  

Senator ROBERTS: I understand there’s no power grab. It started off as an enormous power grab, but it got watered down because the African nations told them to go to hell, basically.  

Mr Hawkins: I would—  

CHAIR: Senator Roberts, that’s not parliamentary and not appropriate for this committee.  

Senator ROBERTS: The African nations said they wouldn’t be supporting it.  

Mr Hawkins: I would not agree. We’ve seen the various iterations of this. Let’s be honest, the IHRs have existed since 1969. They had an iteration in 2005, and this is the latest iteration in 2024. They are there in place to protect us with respect to trade and travel across the globe. These are things that protect Australians. It’s not a power grab by the WHO. There is a genuine sense that from a multilateral perspective all nations take a similar approach to how we deal with surveillance and preparedness. 

Senator ROBERTS: So, what does ‘binding’ mean?  

Mr Hawkins: As I’ve described to you, there are various elements within the current form of the IHRs that Australia would look to comply with.  

Senator ROBERTS: So we would cede our sovereignty on those issues?  

Mr Hawkins: As I’ve reiterated, let me please read to you what sits in article 3, which is really clear, within the IHRs that ‘states have, in accordance with the Charter of the United Nations and the principles of international law the sovereign right to legislate and to implement legislation in pursuance of their health policies’. It is enshrined in here that we are not ceding sovereignty.  

Senator ROBERTS: So ‘binding’ denotes penalties for noncompliance, I assume. What penalties should be applied to countries that refuse to do as the WHO tells us in the event we don’t agree the instruction is in our best interests? Where are you drawing the line on penalties?  

Mr Hawkins: There’s no penalty.  

Senator ROBERTS: So what makes them binding?  

Mr Hawkins: This is under international law and this is part of that broader international framework. But sitting within the current formation of the IHR there is no penalty.  

Senator ROBERTS: Within the current formation of the IHR?  

Mr Hawkins: Within the formation that’s just been agreed within the World Health Assembly.  

Senator ROBERTS: So we have an initial IHR that goes back to 2007. I note the earlier ones—  

Mr Hawkins: 2005  

Senator ROBERTS: but it goes back to 2007. Then they tried to bring in very strong amendments, and the Africans and other nations said no, and they’ve watered it back almost to the same as in 2007 is my understanding.  

Mr Hawkins: No, that’s not my understanding. We would go by what is an official document. The 2005 IHRs were accepted and agreed. There have been amendments historically to the IHR that have taken place over time. It’s just that with the nature of COVID and with the work that Helen Clark did in terms of broader preparedness—  

Senator ROBERTS: Helen Clark, the former New Zealand Prime Minister?  

Mr Hawkins: Correct, working for the WHO. This is all work that’s taken place in terms of the broader approach to the IHRs and to the pandemic agreement around what’s needed to strengthen the global response to COVID. This is the work that’s clearly taken place over that time, and the formation through this process two years ago. This is the kind of process that people have gone through over a significant amount of time in order to ensure that we’ve got robust global controls in place.  

Senator ROBERTS: If I have time at the end, perhaps we can come back to the World Health Organization’s process, because it’s not as you said it is; it’s not innocent. Health is constantly—  

CHAIR: Senator Roberts, I do need to allow the official a chance to respond to that, please. Mr Hawkins. 

Mr Hawkins: I’m sorry. I’m giving you the information that’s available to me. The majority of this is available on the World Health Organization website. I’m trying to respond to you. I’m not trying to hide from you anything that doesn’t or—  

Senator ROBERTS: I’m not accusing you of doing that.  

Mr Hawkins: Thank you.  

Senator ROBERTS: Not at all. I’m just saying we differ in our opinions. I’ve had other advice that’s very solid on the process. We’ve been monitoring the process for the last two-and-a-bit years.  

Prof. Kelly: Senator, if I could also correct the statement you made about the African nations? As my colleague has said, this process has been going for the last two years specifically around the IHRs. It is a negotiation. Many views have been placed on the table. On Saturday, 194 member states of the WHO—and it’s a member organisation—voted unanimously to adopt those changes by consensus, plus the Holy See and Liechtenstein. So there were 196, actually. There was a block of African nations who were concerned about some of the issues related to the proposed changes, but in the end it was adopted by consensus.  

Senator ROBERTS: We’ll come to that later, but my understanding is that some months ago, even a year ago, the Africans said, ‘No way.’ The UN World Health Organization requires consensus. As a result of the African bloc and some European countries and a lot of people around the world being upset, the World Health Organization trimmed its demands and now we’ve gone back to something that’s fairly simple. As I said, let’s get into that at the end.  

Senator Gallagher: It’s an agreement, and it’s not unusual in multilateral forums for negotiations to land in a particular way. In my experience, that is prevalent in every single international negotiation.  

Senator ROBERTS: Agreed, but what happened here was the Africans told them they would not agree to the previously very strong changes, and they’ve watered them back as a result of that. Health is constitutionally a state matter. External affairs powers allow the Commonwealth government to make certain treaties. Was there any attempt in the minister’s rush to sign away our sovereignty to get agreement from the rights holders from the states?  

Mr Comley: Can I just intervene for a moment here. Responsibility for dealing with the technicalities of international law and all constitutional advice is actually a matter for the Attorney-General’s Department.  

Senator ROBERTS: That’s what I just said.  

Mr Comley: I’m respectfully suggesting that if you have a detailed question around that it should be put at the estimates for Attorney-General’s Department. We can help you with what we understand by the current state as we’ve advised. If I just go back a step, as to the point that I think Mr Hawkins was trying to make at the start—and it goes to language—’binding’ is often used in international conferences, but no international instrument or treaty can change Australia’s Constitution nor prevail over Australian laws without it being adopted into Australian law. When it gets adopted into—  

Senator ROBERTS: That’s the key point.  

Mr Comley: That is the key point, which I don’t think we are disputing. This comes to the point of sovereignty and comes to the point that, if we were going through a process of adopting an international law, the standard process goes through a consultation process, including through JSCOT and engaging with relevant stakeholders. On your observation about constitutional responsibility for health—there is a mixed responsibility in the Constitution because there are powers that allow Commonwealth health benefits for individuals. I don’t want to go much further into that because I think I’m straying into what is a constitutional interpretation of the roles. The fundamental point here is that international agreements have to be adopted into Australian law. They go through a process, including JSCOT. If they’re adopted through that JSCOT process they become binding in that country. When the minister says we want a binding agreement, he is urging the international community to follow through with the commitment they’ve made in the conference to adopt those into their domestic law. Some countries may ultimately choose not to, and then that will come back to that body. This is not unusual in international law. In my previous lives doing climate change, there were times when there’s been a change of administration in countries that have led them to decide whether they would stay as a ratified member of a treaty. The process is quite clear. At the point in time they were in the agreement that was the intention of all the parties, to make the binding commitment. My experience in international negotiations is that countries do not make a commitment lightly, even though there may be domestic processes to give effect to it.  

Senator ROBERTS: What you’ve done just then, Mr Comley, is actually reinforce my comment that it is an external affairs power, but the states are involved in health. My question was very simple: have the states been consulted on these changes? Are the states involved in the process? That was my only question. Is there an answer?  

Mr Hawkins: There is. We’ve consulted the states and territories. I’ve personally been on two teleconferences with them to talk them through the broad approach, noting that obviously, as already outlined by Senator Gallagher and Mr Comley, these things often form part of a negotiation that took place at the WHA. But we’ve been talking with states and territory officials around this process.  

Senator ROBERTS: The minister also said: We have a strong basis on which to finalise important amendments to the international health regulations this week. I urge all member states to redouble their efforts to agree on critical reforms to our global health architecture, because we simply cannot afford to fail. Why can’t we afford to fail? Is he saying that our Australian health department is incapable of running a pandemic response in Australia all by itself without the big daddy World Health Organization telling us what to do?  

Senator Gallagher: Senator ROBERTS, I wasn’t there; perhaps Professor Kelly is better placed to answer. The way I understand those comments is to say that protection of the Australian people relies on a global response to pandemic management. We’re not immune from what happens in other parts of the world, as we have experienced in the last pandemic.  

Senator ROBERTS: And the World Health Organization—  

Senator Gallagher: So it’s around national security and national safety and protection of the Australian population.  

Senator ROBERTS: The World Health Organization, in the last outbreak with COVID, was telling us there was no human-to-human transmission and that there was nothing to see at first. That delayed the response in other countries. The World Health Organization is guilty of that. They’re a corrupt criminal organisation.  

CHAIR: You have your views on that, Senator ROBERTS, and I don’t seek to convince you otherwise, but we—  

Senator ROBERTS: You’d be going against the facts.  

Senator Gallagher: No, I don’t agree with you on that.  

Senator ROBERTS: They’re two factually correct statements.  

Senator Gallagher: No, I don’t agree with the comments you’ve made about the World Health Organization. I think the minister for health has represented Australia’s national interest at that international forum, and for good reasons. It’s about the protection of the Australian people.  

Prof. Kelly: What was agreed on Saturday morning—and Australia was one of 194 countries member states of the WHO, being a member state institution; it’s not a big daddy, as you suggested, it is guided by the member states—under the WHO and other UN arrangements we have a year to go through all of those processes we’ve talked about in terms of Australian legal requirements. We are not safe unless everyone is safe. An infectious disease has no borders. As we know from our experience in the COVID pandemic, we closed our border and it caused a lot of disruption in other ways. We had to reopen our border and, as soon as we did, the virus appeared. It can only be by working internationally with all other countries that we can deal with a pandemic like that, and we will have other ones in the future. These amendments that were made through long negotiations right up to and including last Friday night were successful in getting those things over the line. I’m very happy that’s the case. I’ll reiterate my statement that it was one of my proudest moments as an Australian witnessing that Australian leadership at ministerial level, at officials’ level, to get those negotiations completed.  

CHAIR: Senator ROBERTS, at this point I am due to rotate the call. If you wish to seek another call in this section, I will come back to you.  

Senator ROBERTS: Thank you.