By: Editimfon Ikpat, Junior Research Associate, PILPG-NL
The COVID-19 pandemic, has stirred some heated debate amongst states over the manner in which the crisis is being handled. Heads of states have blamed their counterparts for not taking adequate steps to restrict the virus and for not revealing information that could have led to early detection. In this regard there is a build up of an unpleasant atmosphere over COVID-19 in the international community. This disagreement amongst world powers over the issue has caused the lack of a coordinated approach in dealing with the pandemic. However, United Nations’ agencies spearheaded by the World Health Organisation (WHO) have taken a number of coordinated steps to alleviate the situation. In this light, this article aims to analyse the legal responsibility of states to cooperate in these complicated times and highlights the effort of the UN agencies to alleviate the situation.
International law and the duty to cooperate during emergencies
The duty for states to adopt a coordinated response to COVID-19 stems from Article 7 of 2016 International Law Commission Draft Articles on the Protection of Persons in the Event of Disaster. The Article provides for the duty of states to cooperate amongst each other and with international organisations in the time of disaster. Article 3 of the Draft Articles defines disaster as “a calamitous event or series of events resulting in widespread loss of life, great human suffering and distress thereby disrupting the functioning of the society”. In the literal interpretation of the text, and in light of the ongoing effect of COVID-19 on global society at large, the pandemic can be considered a disaster as per article 3 of the Draft Articles.
Therefore, states have an obligation to collectively tackle the crisis, which experts believe is the way forward. While states have been reluctant to directly cooperate with each other in tackling the crisis, international organisations on the other hand have ramped up their efforts to provide assistance. These organizations, which are a result of multilateral treaties, regulate and enforce state cooperation in specific domains of international law, consequently, effecting structured international cooperation.
The role of International Organizations in the fight against COVID-19
The advent of the COVID-19 pandemic has further mobilized international institutions to facilitate cooperation in the face of the global crisis. The World Health Organization, (WHO) which is the focal organization in situations of public health emergency, has played a lead role among its member states in preparing for, responding to, and recovering from the pandemic. The WHO has facilitated the coordination of research by the public and private sectors on the virus, and the development of effective test-kits and vaccines. Also, due to the practical consequences of the pandemic in the economic and social dimensions, other international organizations have equally responded to the management of the crisis. This includes but is not limited to, the International Monetary Fund (IMF) and the World Bank, through which member states have sought to develop common approaches against economic fallout. The United Nations Refugee Agency whose objectives includes the provision of “shelter, food and medical care” for refugees, asylum-seekers, internally displaced and stateless persons has not only increased the scale of such provisions in the face of the ongoing pandemic, but is also working with governments to ensure that people forced to flee are included in the preparations and response plans of COVID-19. Also, the World Food Programme is working with the government of various countries in order to strengthen and expand their social protection programmes; sustain food production, trade, distribution, and consumption and support national health systems in the wake of the pandemic.
The rise in cooperation between international organizations
Furthermore, the cooperation between international organizations has also risenin response to the COVID-19 pandemic. The alignment of the WHO COVID-19 activities with the global mission of the United Nations Development Program (UNDP) has led to a collaboration between both entities. According to the UNDP administrator, the Program together with other UN organizations, are working on the priorities of inclusive of “supporting the health response including the procurement and supply of essential health products under WHO’s leadership”.
Likewise, the WHO and the UN Refugee Agency signed a new agreement focused on strengthening and advancing public health services for forcibly displaced persons around the world. The WHO has also been in close collaboration with the World Tourism Organization (WTO) which has produced guiding principles ofsolidarity, and the responsibility of both the tourism sector and individual tourists in controlling the spread and impact of COVID-19.Also, due to the interrelatedness of tourism and transportation, the WTO is also in collaboration with key stakeholders such as the International Civil Aviation Organization (ICAO), the International Maritime Organization (IMO), and the International Air Transport Association (IATA) to ensure the coordination and consistency of tourism response to the pandemic.
The Food and Agriculture organization is equally in partnership with the WHO and the World Organization for Animal Health to deploy a One Health approach locally and globally, with a special focus on bolstering capacities where needed and protecting the most vulnerable communities. Setting up a global data facility – in close collaboration with key partners such as the World Food Programme (WFP), the global Food Security Cluster and the Global Network Against Food Crises Partnership Programme – to support analysis and inform assessments and programming in contexts already experiencing humanitarian crises and also in the furthering of research. Also the International Labour organization (ILO) together with the International Organisation of Employers (IOE), the International Trade Union Confederation (ITUC) and Industrial Global Union has developed a COVID-19 Action plan for the garment industry aimed at supporting garment manufacturers as well as protecting garment workers “income, health and employment” during the COVID-19 pandemic.
Concluding remarks
Restrictive measures and regulations have been put in place all around the world as a result of the global public health emergency. These restrictive measures included, amongst others, the unprecedented closing of borders and restriction of air-travel. The responses have been mostly state-centered despite the states’ obligations “cooperate amongst each other and with international organisations in the time of disaster” and reflect upon a collective and durable solution for the crisis. However, international organizations have taken on this responsibility, and the pandemic revealed a seamless cooperation between otherwise autonomous international organizations. As such this has led to international organizations taking the front seat in ensuring and protecting the human rights of those most vulnerable in the face of unprecedented challenges posed by the global crises.