A/HRC/45/12
measures, and leading scientists prevented from exercising their right to freedom of
expression regarding their concerns about problematic strategies. 80
83.
Protections against retaliation should apply in all public institutions, including those
connected to national security, and effective and protective channels should be established
for whistle-blowers to motivate remedial action.81 Participation and freedom of expression
must be guaranteed and promoted, to fully ensure the right to information. 82 When the State
is the only source of information, the rights to information, participation and freedom of
expression are inevitably prejudiced and the best solutions are seldom, if ever, realized.
F.
Weak international cooperation
84.
Just as States have an obligation under international human rights law to prevent
transboundary pollution, they also have an obligation to prevent the spread of diseases,
including COVID-19, and to prevent them from crossing their borders. Such responsibility
extends to businesses and must be reflected in businesses due diligence, and has an
extraterritorial dimension. As many States do not have sufficient resources to prevent
exposure in pandemics such as the COVID-19 crisis, international cooperation is essential
to ensure that all States have protection measures available and accessible, as a weakness in
any country is a threat to all.
85.
However, not only were States not taking the necessary measures in anticipation of
COVID-19 spread within their borders, for many years they had been underfunding
international cooperation efforts regarding public health threats, lacking international
solidarity. The politically motivated attacks on WHO must be firmly denounced. All
organizations can be improved, including WHO, and in due course an independent inquiry
into the responses of all international bodies to the COVID-19 crisis should be undertaken.
However, withdrawal of funding for WHO stands only to increase exposure to COVID-19
in low-income and some middle-income countries, with devastating results. It illustrates a
complete rejection of the principle of equality enshrined in the Charter of the United
Nations by its architects and callous disregard for people in Africa, Asia and Latin
America, who sadly have been disparaged for far too long, with far too few consequences.
86.
Given the highly contagious nature of COVID-19 and the ease by which individuals
travel worldwide, any State recording cases on its territory should have directly notified and
cooperated with other States from the moment there were signs that the virus was spreading
rapidly by human transmission – which could have been as early as late December 2019. In
compliance with their duty to prevent, States should establish solid and coordinated
international cooperation,83 acknowledging that the effectiveness of responses is resource
dependent and a global issue. It is essential that countries learn from the past mistakes. The
current crisis should reinforce the fact that our interconnected world requires global-level
crisis management, multilateralism and strong international cooperation and solidarity.
87.
In this regard, the Special Rapporteur wishes to pay tribute to and recognize the
efforts of those lower-income countries that, despite financial constraints and resources,
showed great commitment and preparation in tackling the pandemic and, in the name of
international solidarity, have supplied trained doctors, ventilators and protective equipment
to some of the wealthiest countries.
80
81
82
83
See www.reuters.com/article/us-health-coronavirus-brazil/bolsonaro-fires-brazils-health-ministercalls-to-reopen-economy-idUSKBN21Y338.
See www.ilo.org/wcmsp5/groups/public/---ed_dialogue/---sector/documents/publication/
wcms_718048.pdf.
See www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=25729.
See the draft articles on the protection of persons in the event of disasters, draft art. 11.
19
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