RESOLUTION OPPOSING MANDATES ORIGINATING FROM WHO PANDEMIC AGREEMENT AND ENCOURAGING ALL NATIONAL, STATE, AND LOCAL GOVERNING BODIES TO REFUSE ENFORCING SUCH MANDATES
Adopted by the Kay County Republican Party County Committee, April 18, 2024
WHEREAS WHO (World Health Organization) Constitution Article 1 states their objective as “the attainment by all peoples of the highest possible level of health”; and
WHEREAS the forced COVID-19 mandates on masks, lockdowns, experimental injections, and the simultaneous refusal of those in authority to explore alternative preventatives and therapeutics demonstrated to us that the definition of the ideal of what is “health” is not universally accepted and so the WHO’s constituted objective is not universally accepted; and
WHEREAS WHO Constitution Article 20 requires members to be held accountable to the WHO for following convention guidance or agreements1; and
WHEREAS the WHO resolved in December 2021 to develop a legally binding centralized and globally uniform pandemic response. The 2 June 2023 draft, named “WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response” (WHO CA+), and the 30 Oct 2023 draft, named the WHO Pandemic Agreement, both aim to correct what they see as the catastrophic failure of not having a globally uniform response during the COVID-19 pandemic2; and
WHEREAS the WHO publicly claims that States would maintain their sovereignty but under WHO CA+ Article 3 General Principles and Approaches3, in exercising their sovereignty States “shall uphold the purposes and objectives of the WHO CA+ and carry out their obligations under the WHO CA+.” In other words, State sovereignty only goes so far as the restrictions of the WHO Pandemic Agreement will allow, which is a clear and direct encroachment on State sovereignty; and
WHEREAS under WHO Pandemic Agreement Article 18 Communication and Public Awareness4 and Article 9 Research and Development5 pandemic-related mis/disinformation is addressed as needing management at “local, national, regional and international levels” and authority to determine measures, procedures and guidelines for pandemic prevention, preparedness and response is authorized to the WHO Parties under Article 16 International Collaboration and Cooperation6 leading us to conclude that Parties of the WHO Pandemic Agreement claim the authority to define mis/disinformation; and
WHEREAS under WHO Pandemic Agreement Article 1 Use of Terms the WHO’s definition of “infodemic” suggests that people exploring and/or following guidance or information that is not approved by the WHO would problematically lead to a mistrust in health authorities and undermine public health and social measures7; and
WHEREAS under WHO Pandemic Agreement Article 2 Objective and Scope8 the Pandemic Agreement “applies at all times” which raises questions as to the overreaching scope of control this body would assume and under Article 12 Access and Benefit Sharing9 a WHO Pathogen Access and Benefit Sharing System (WHO PABS System) is oddly specified to be used “at all times, both during and between pandemics”; and
WHEREAS an option to WHO CA+ Article 15 International Collaboration and Cooperation gives the WHO Director General authority to declare a global pandemic10; and
WHEREAS under WHO Pandemic Agreement Article 1 Use of Terms11 and Article 5 One Health12 the definition of “One Health Approach” takes into account the health of ecosystems and calls Parties to “take action on climate change” which leads us to doubt the WHO’s presumed authority being confined to pandemics and public health and to question whether “climate change” would ever be deemed an event warranting WHO measures and mandates; and
WHEREAS under WHO Pandemic Agreement Article 21 Conference of the Parties13 subsidiary bodies shall be established to address such things as product selection and compliance and under WHO CA+ Article 22 Implementation and Compliance Committee14, Article 23 Panel of Experts to Provide Scientific Advice15 and Article 24 Pandemic-Related Products Expert Committee16 those subsidiary bodies are defined in detail and raise concerns about censorship of pandemic-related information as well as a centralized and restricted selection of pandemic-related products; and
WHEREAS under WHO Pandemic Agreement Article 27 Withdrawal17 withdrawal from WHO Pandemic Agreement is not immediate but requires a waiting period of at least 3 years and requires formal withdrawal from individual instruments and protocols in addition to the WHO Pandemic Agreement; and
WHEREAS under WHO Pandemic Agreement Article 34 Settlement of Disputes18 an unreasonable amount of authority is given to the Depositary who is the Secretary General of United Nations and also raises questions about giving up USA national sovereignty to the named “International Court of Justice” that is set up to settle disputes; and
WHEREAS the WHO Pandemic Agreement adheres to objectionable “woke” ideology throughout the document19 stating in their objective that they are “guided by equity” which is the sameness of outcomes rather than equality which is the sameness of opportunity, and that they aspire “to the progressive realization of universal health coverage” whereby richer countries are obligated to financially support developing countries, and that in the formulation of pandemic responses Parties must not seek the most qualified participants but must “promote equitable representation… as well as equal and meaningful participation of young people and women”; and
WHEREAS the OKGOP platform states “We support the patient-doctor relationship and oppose nationalized medicine”; and
WHEREAS the OKGOP platform states “We support full consumer access to safe foods, medications, and alternative treatments including access to all information regarding such substances”; and
WHEREAS the OKGOP platform states “We support the right of every citizen to determine if they will receive a vaccination, medication, experimental drug or therapeutic without force of coercion”; and
WHEREAS under US Constitution Article 1 Section 8 and Article 2 Sections 2 and 3 control of citizen health autonomy is an enumerated power of neither Congress nor the President and they therefore have no power to turn citizen health autonomy over to a created global entity; and
WHEREAS under the Bill of Rights Amendment 1 Congress shall make no law abridging the freedom of speech of which the WHO Pandemic Agreement aims to infringe upon with their WHO-approved pandemic related information; NOW, THEREFORE, BE IT
RESOLVED That the Kay County Republican Committee rejects the WHO Pandemic Agreement and supports all national, state and local governing bodies asserting sovereignty and refusing to enforce within their jurisdiction any mandate originating from the WHO Pandemic Agreement and any measure that infringes on their citizens’ personal health autonomy and/or freedom of speech. Further, we condemn the enforcement by any national, state or local governing body of any mandate or measure originating from the WHO Pandemic Agreement that infringes on citizens’ individual health autonomy and/or freedom of speech.
References:
WHO Constitution: https://apps.who.int/gb/bd/PDF/bd47/EN/constitution-en.pdf
UN Charter Articles 57 and 63: https://www.un.org/en/about-us/un-charter/full-text
WHO CA+ June 2023 draft: https://apps.who.int/gb/inb/pdf_files/inb5/A_INB5_6-en.pdf
WHO Pandemic Agreement 30 Oct 2023 draft: https://apps.who.int/gb/inb/pdf_files/inb7/A_INB7_3-en.pdf
OKGOP Platform https://okgop.com/wp-content/uploads/2023/06/2023-OKGOP-PLATFORM-as-approved.pdf
US Constitution: https://www.archives.gov/founding-docs/constitution-transcript
US Bill of Rights: https://www.archives.gov/founding-docs/bill-of-rights-transcript
- WHO Constitution Article 20: “Each Member undertakes that it will, within eighteen months after the adoption by the Health Assembly of a convention or agreement, take action relative to the acceptance of such convention or agreement. Each Member shall notify the Director-General of the action taken, and if it does not accept such convention or agreement within the time limit, it will furnish a statement of the reasons for non-acceptance. In case of acceptance, each Member agrees to make an annual report to the Director-General in accordance with Chapter XIV.”
WHO Constitution Article 62: “Each Member shall report annually on the action taken with respect to recommendations made to it by the Organization and with respect to conventions, agreements and regulations.” ↩︎ - WHO CA+ Background, Methodology and Approach: “In recognition of the catastrophic failure of the international community in showing solidarity and equity in response to the coronavirus disease (COVID-19) pandemic, the World Health Assembly convened a second special session in December 2021, at which it established an Intergovernmental Negotiating Body (INB) open to all Member
States and Associate Members (and regional economic integration organizations, as appropriate) to draft and negotiate a WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response, with a view to its adoption under Article 19 or other provisions of the WHO Constitution, as may be deemed appropriate by the INB. In furtherance of the above mandate, the INB established a process and systematic approach for its work and agreed, at its second meeting, that the instrument should be legally binding and contain both legally binding as well as non-legally binding elements. ↩︎ - WHO CA+ Article 3: “2. Sovereignty – States have, in accordance with the Charter of the United Nations and the general principles
of international law, the sovereign right to legislate and to implement legislation in pursuance of their health policies. In doing so, they
shall uphold the purposes and objectives of the WHO CA+ and carry out their obligations under the WHO CA+ in a manner consistent
with the principles of the sovereign equality and the territorial integrity of States and that of non-intervention in the domestic affairs of
other States.” ↩︎ - WHO Pandemic Agreement Article 18: “1. The Parties shall strengthen science, public health and pandemic literacy in the population, as well as access to information on pandemics and their effects and drivers, and combat false, misleading, misinformation or disinformation, including through effective international collaboration and cooperation as referred to in Article 16 herein. 2. The Parties shall, as appropriate, conduct research and inform policies on factors that hinder adherence to public health and social measures in a pandemic and trust in science and public health institutions.
3. The Parties shall promote and apply a science- and evidence-informed approach to effective and timely risk assessment and public communication.” ↩︎ - WHO Pandemic Agreement Article 9: “(d) knowledge translation and evidence-based communication tools, strategies and partnerships relating to pandemic prevention, preparedness and response, including infodemic management, at local, national, regional and international levels.” ↩︎
- WHO Pandemic Agreement Article 16: “1. The Parties shall collaborate and cooperate with competent international and regional intergovernmental organizations and other bodies, as well as among themselves, in the formulation of cost-effective measures, procedures and guidelines for pandemic prevention, preparedness and response.” ↩︎
- WHO Pandemic Agreement Article 1: “infodemic’ means too much information, false or misleading information, in digital and physical environments during a disease outbreak. It causes confusion and risk-taking behaviours that can harm health. It also leads to mistrust in health authorities and undermines public health and social measures.” ↩︎
- WHO Pandemic Agreement Article 2: “2. In furtherance of its objective, the WHO Pandemic Agreement applies at all times.” ↩︎
- WHO Pandemic Agreement Article 12: “1. The Parties hereby establish a multilateral system for access and benefit sharing, on an equal footing, the WHO Pathogen Access and Benefit-Sharing System (WHO PABS System), to ensure rapid and timely risk assessment and facilitate rapid and timely development of, and equitable access to, pandemic-related products for pandemic prevention, preparedness and response.
2. The WHO PABS System shall ensure rapid, systematic and timely sharing of WHO PABS Material, as well as, on an equal footing, timely, effective, predictable and equitable access to pandemic related products, and other benefits, both monetary and non-monetary, based on public health risks and needs, to strengthen pandemic prevention, preparedness and response. 3. The Parties shall implement the WHO PABS System:
(a) in a manner to strengthen, expedite and not impede research and innovation;
(b) at all times, both during and between pandemics;
(c) in a manner to ensure mutual complementarity with the Pandemic Influenza Preparedness Framework; and (d) with governance and review mechanisms, to be determined by the Conference of the Parties.” ↩︎ - WHO CA+ Article 15: “2. Recognizing the central role of WHO as the directing and coordinating authority on international health work, and mindful of the need for coordination with regional organizations, entities in the United Nations system and other intergovernmental organizations, the WHO Director-General shall determine whether to declare a pandemic.” ↩︎
- WHO Pandemic Agreement Article 1: “One Health approach’ means an integrated, unifying approach that aims to sustainably balance and optimize the health of people, animals and ecosystems. It recognizes that the health of humans, domestic and wild animals, plants and the wider environment (including ecosystems) is closely linked and interdependent. The approach mobilizes multiple sectors, disciplines and communities at varying levels of society to work together to foster well-being and tackle threats to health and ecosystems, while addressing the collective need for clean water, energy and air, safe and nutritious food, taking action on climate change, and contributing to sustainable development;” ↩︎
- WHO Pandemic Agreement: “2. The Parties shall promote and enhance synergies between multisectoral and transdisciplinary collaboration at the national level and cooperation at the international level, in order to identify and conduct risk assessments at the interface between human, animal and environment ecosystems, while recognizing their interdependence, and with applicable sharing of the benefits, per the terms of Article 12 herein…
(c) taking a One Health approach into account in order to produce science-based evidence, including that which is related to social and behavioural sciences, and risk communication and community engagement; and
(d) promoting or establishing One Health joint training and continuing education programmes for human, animal and environmental health workforces, needed to build complementary skills, capacities and capabilities to prevent, detect, control and respond to pandemic health threats.” ↩︎ - WHO Pandemic Agreement Article 21: “9. The Conference of the Parties shall establish subsidiary bodies to carry out the work of the Conference of the Parties, as it deems necessary, on terms and modalities to be defined by the Conference of the Parties. Such subsidiary bodies may include, without limitation, an Implementation and Compliance Committee, a panel of experts to provide scientific advice and a WHO PABS System Expert Advisory Group.” ↩︎
- WHO CA+ Article 22: “2. The Implementation and Compliance Committee is mandated to promote the implementation of, and review compliance with, the provisions of the WHO CA+, including by addressing matters related to possible non-compliance,” and “10. In the course of its work, the Implementation and Compliance Committee may draw on appropriate information from any bodies established under the WHO CA+ or the World Health Organization, as well as from any information submitted to the WHO by Parties through other mechanisms.” ↩︎
- WHO CA+ Article 23: “1. An expert body to provide scientific advice is hereby established as a subsidiary body of the Conference of the Parties to provide the Conference of the Parties with information, science-based and other technical advice on matters relating to the WHO CA+. The Panel of Experts shall comprise independent experts competent in the relevant fields of expertise and sitting in their individual expert capacity. It shall be multidisciplinary, in line with the One Health approach.” ↩︎
- WHO CA+ Article 24: “5. The Pandemic-Related Products Expert Committee shall make every effort to deliberate by consensus. In the absence of consensus, its recommendations or decisions shall be adopted by a three-fourths majority vote of the members present and voting, based on a quorum of two thirds of the members.” ↩︎
- WHO Pandemic Agreement Article 27: “1. At any time after two years from the date on which the WHO Pandemic Agreement has entered into force for a Party, that Party may withdraw from the WHO Pandemic Agreement by giving written notification to the Depositary.
2. Any such withdrawal shall take effect upon expiry of one year from the date of receipt by the Depositary of the notification of withdrawal, or on such later date as may be specified in the notification of withdrawal.
3. Any Party that withdraws from the WHO Pandemic Agreement shall not be considered as having also withdrawn from any protocol to which it is a Party, or from any related instrument, unless such a Party formally withdraws from such other instruments and does so in accordance with the relevant terms, if any, thereof.” ↩︎ - WHO Pandemic Agreement Article 34: “1. In the event of a dispute between two or more Parties concerning the interpretation or application of the WHO Pandemic Agreement, the Parties concerned shall seek through diplomatic channels a settlement of the dispute through negotiation or any other peaceful means of their own choice, including good offices, mediation or conciliation. Failure to reach a solution by good offices, mediation or conciliation shall not absolve the parties to the dispute from the responsibility of continuing to seek to resolve it.
2. When ratifying, accepting, approving, formally confirming or acceding to the WHO Pandemic Agreement, or at any time thereafter, a Party which is not a regional economic integration organization may declare in writing to the Depositary that, for a dispute not resolved in accordance with paragraph 1 of this Article, it accepts, as compulsory ipso facto and without special agreement, in relation to any Party accepting the same obligation: (a) submission of the dispute to the International Court of Justice; and/or (b) ad hoc arbitration in accordance with procedures to be adopted by consensus by the Conference of the Parties. A Party which is a regional economic integration organization may make a declaration with like effect in relation to arbitration in accordance with the procedures referred to in paragraph 2(b) of this Article.
3. The provisions of this Article shall apply with respect to any protocol as between the parties to the protocol, unless otherwise provided therein.” ↩︎ - WHO Pandemic Agreement Article 2: “1. The objective of the WHO Pandemic Agreement, guided by equity, the right to health and the principles and approaches set forth herein, is to prevent, prepare for and respond to pandemics, with the aim of comprehensively and effectively addressing the systemic gaps and challenges that exist in these areas, at national, regional and international levels.”
Article 6: “1. Each Party shall continue to strengthen its health system, including primary health care, for sustainable pandemic prevention, preparedness and response, taking into account the need for equity and resilience, with a view to the progressive realization of universal health coverage.
3. The Parties shall cooperate, within available means and resources, to provide financial, technical and technological support, assistance, capacity-strengthening and cooperation, in particular in respect of developing countries, in order to strengthen health emergency prevention, preparedness and response and health system recovery, consistent with the goal of universal health coverage.”
Article 7: “b) address gender and youth disparities and inequalities and security concerns within the public health, health and care workforce, particularly in health emergencies, to support the meaningful representation, engagement, participation, empowerment, safety and well-being of all health and care workers, while addressing discrimination, stigma and inequality and eliminating bias, including unequal remuneration, and noting that women still often face significant barriers to reaching leadership and decision-making roles;
2. The Parties shall commit financial and technical support, assistance and cooperation, in particular in respect of developing countries, in order to strengthen and sustain a skilled and competent public health, health and care workforce at subnational, national and regional levels.”
Article 11-3: “(b) encourage all holders of patents related to the production of pandemic-related products to waive or manage, as appropriate, for a limited duration, the payment of royalties by developing country manufacturers on the use, during the pandemic, of their technology for the production of pandemic-related products, and shall require, as appropriate, those that have received public financing for the development of pandemic-related products to do so”
Article 12-4: “(c) The Parties shall consider additional benefit-sharing options including:
(ii) tiered-pricing or other cost-related arrangements, such as no loss/no profit loss arrangements, for purchase of pandemic-related products, that consider the income level of countries; and
(iii) encouraging of laboratories in the WHO coordinated laboratory network to actively seek the participation of scientists from developing countries in scientific projects associated with research on WHO PABS Materials.
5. In the event that pandemic-related products are produced by a manufacturer that does not have a PABS SMTA under the WHO PABS System, it shall be understood that the production of pandemic-related products requiring the use of WHO PABS Materials, implies the use of the WHO PABS System. Accordingly, each Party, in respect of such a manufacturer operating within its jurisdiction, shall take all appropriate steps, in accordance with its relevant laws and circumstances, to require such a manufacturer to provide benefits in accordance with paragraph 4(b)(ii) of this Article.”
Article 16-2: “Parties shall: (d) promote equitable representation on the basis of gender, geographical and socioeconomic status, as well as the equal and meaningful participation of young people and women;” ↩︎