OPEN LETTER

24 August 2022

Mr MC Ramaphosa

The State President

Republic of South Africa

Dr M Phaahla

Minister of Health

Chief Delegate of South Africa to the World Health Organisation

Mr M Nkosi

Deputy Chief Delegate

Ambassador, Permanent Representative, Geneva

Mr A September

Acting Deputy Permanent Representative, Geneva

Ms S Singh

Director, Non-Communicable Diseases, Department of Health

Dear Mr President and all parties involved,

WORLD HEALTH ORGANISATION (WHO) / INTERNATIONAL PANDEMIC PREVENTION TREATY / INTERNATIONAL HEALTH REGULATIONS

Our open letter of 12 April 2022, and newsletter of 11 May 2022 refer.

The Intergovernmental Negotiating Body (INB) has presented the first working draft of the ‘treaty’ on pandemic preparedness and prevention in July 2022. The INB, tasked with drafting and negotiating this international instrument, will hold its next meeting from 5 to 7 December 2022, to consider the conceptual zero draft of the proposed ‘pandemic treaty’. It will then deliver a progress report to the 76th World Health Assembly in 2023, with the aim to adopt the instrument by 2024.

According to Mr Steven Solomon of the INB, during a live streaming of a meeting titled “120 – Seminários CRIS 2022 – Challenges of global health regulation”, on 10 August 2022, member states have to submit their written input on the working draft of the ‘treaty’ by no later than 15 September 2022.

We herewith request confirmation on whether South Africa will be submitting inputs/suggestions or commentary on the ‘pandemic treaty’, and if so, what your commentary entails.

In the same meeting, Mr Solomon provided a timeline regarding the proposed amendments to the International Health Regulations (2005). All the state members, during the 75^th World Health Assembly, accepted a resolution on “a process for a process” and that all members are invited to submit amendment proposals by 30 September 2022.

Consequently, we furthermore request confirmation on whether South Africa will be submitting proposals on the IHR, and if so, what your proposals comprise.

We highlight our concerns, as stated in our previous communiques:

“South Africa is a sovereign nation, as embedded in its Constitution, however, according to section 231 of the Constitution and articles 19 to 22 of the WHO Constitution, South Africa will be bound to any and all regulations issued by means of the ‘pandemic prevention treaty’ upon the signing thereof. This could possibly undermine the sovereignty of South Africa’s Government over the health of its citizens, health measures and executive decisions, to the detriment of its people.”

Although the WHO is holding one meeting after the other, taking one decision upon another, South Africans have to sit by helplessly and merely wonder and fear if our Government is keeping us in the dark regarding the WHO’s powers over our freedoms and health.

We beseech you, Mr President, to uphold your promises of transparency and democracy, and to issue, at the very least, an informative statement regarding South Africa’s stance on the ‘pandemic treaty’, as well as the amendment of the IHR. Your people deserve to know how our rights are being protected, or not being protected, whichever it may be.

Your timeous response is appreciated.

Kind Regards

G.C. Papenfus

CHIEF EXECUTIVE

For more information:

NEASA Media Department

media@neasa.co.za

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