A/HRC/45/12
that accurate information-sharing can be the most effective means of encouraging the
public to join in efforts and to take the necessary precautions. The public in some of these
States, being well informed, adopted and adhered to social distancing behaviours without
mandatory measures issued by any authority.
70.
However, there was a lack of transparency around COVID-19 in certain States,
including with regard to the first cases. It should be noted that detailed and specific due
diligence duties are laid out in the International Health Regulations (2005). These
obligations include duties of surveillance, monitoring, and reporting, within 24 hours of
assessment, public health emergencies of international concern. 61 Nevertheless, in the
context of COVID-19 crisis management, WHO denounced on multiple occasions a lack of
transparency and information-sharing within the international community.62 While there are
reports that local doctors in China warned public authorities of a surge of suspected cases of
a new virus in late November 2019,63 the WHO Country Office in China was not informed
of the outbreak of cases of “viral pneumonia” of an unknown cause until 31 December
2019. Officials of China provided WHO with information on the cluster of cases on 3
January 2020.64 In February, WHO, referring to, among other things, “uncompromising and
rigorous” measures that provided lessons for the global response, including “extremely
proactive surveillance to immediately detect cases”, set out recommendations for States, the
public and the international community. In March 2020, the Director-General of WHO
expressed concern about, inter alia, the levels of State inaction and the lack of resolve in
some States, urging States to activate and scale up emergency response mechanisms. 65
71.
Since the beginning of the spread of COVID-19, health-care professionals in various
countries have demanded transparency from public authorities, recognition of the
seriousness of the disease and treatment at the source. For example, in the earliest stages
they raised alarms about the spread of respiratory infections that seemed similar to prior
outbreaks of viruses such as SARS.
72.
Reports that States were reluctant to test at the outset of the pandemic and still
remain unwilling to test at levels required to minimize further exposure to COVID-19
suggest deep disregard for the public’s right to information and the value of information in
avoiding total calamity. Testing rates continue to remain at abysmal levels in some of the
worst-affected countries, and reports of the inability to access tests continued for months
after spikes in cases outside Asia. While resources varied among States, some States that
had some of the highest levels of technical and financial resources did not position
themselves to test adequately, which amounts to a multifaceted violation of their duty to
protect life. Later in the pandemic, other States with fewer but still significant financial and
technical resources were still not testing at adequate levels, and were relying on private
donors,66 including to ensure that testing reached the most vulnerable communities, such as
low-income communities, including favelas and other slums, and were not providing
necessary information on the risks to exposure.
73.
The disclosure of actual rates of infection and death from COVID-19 have been
deeply problematic in many States. The Special Rapporteur is concerned about allegations
suggesting that various States have not disclosed the actual numbers of positive cases or
deaths, representing a catastrophic risk and escalating factor with regard to the spread of the
pandemic, in violation of international human rights standards and health regulations. In
some cases, States have even removed websites to prevent access to information, which is
completely unacceptable and only serves to further increase the risk of individuals either
61
62
63
64
65
66
16
See www.who.int/ihr/Toolkit_Legislative_Implementation.pdf?ua=1.
See www.who.int/dg/speeches/detail/who-director-general-s-opening-remarks-at-the-missionbriefing-on-covid-19---26-february-2020.
See www.theguardian.com/world/2020/mar/13/first-covid-19-case-happened-in-november-chinagovernment-records-show-report.
See www.who.int/news-room/detail/29-06-2020-covidtimeline.
See www.who.int/dg/speeches/detail/who-director-general-s-opening-remarks-at-the-media-briefingon-covid-19---11-march-2020.
See www.thenewhumanitarian.org/news/2020/05/27/Brazil-coronavirus-response-community-leaders.
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