Whereas, Article 19 of the World Health Organization (WHO) Constitution states,
“The Health Assembly shall have authority to adopt conventions or agreements with respect to any matter within the competence of the Organization. A two-thirds vote of the Health Assembly shall be required for the adoption of such conventions or agreements, which shall come into force for each Member when accepted by it in accordance with its constitutional processes.” And,
Whereas, the A/INB/5/6 2 June 2023 draft of the WHO CA+ states, “the World Health Assembly convened a second special session in December 2021, at which it established an Intergovernmental Negotiating Body (INB) . . . 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. And,
Whereas, the A/INB/5/6 2 June 2023 draft of the WHO CA+ states, “that the instrument should be legally binding” And,
Whereas, the A/INB/5/6 2 June 2023 draft of the WHO CA+ states, “the WHO CA+ applies at all times, including during and between pandemics.” And,
Whereas, the A/INB/5/6 2 June 2023 draft of the WHO CA+ states, “in particular developing country Parties, in achieving the objectives of this WHO CA+ through capacity-building and the development and transfer of technologies, skills, knowledge and know-how. . . . to grant, . . . a non-exclusive, royalty-free license . . . to any such manufacturers to use their intellectual property and other protected substances, products, technology, know-how, information and knowledge used in the process of pandemic-related product development and production,” And,
Whereas, the A/INB/5/6 2 June 2023 draft of the WHO CA+ states, “shall align and, where possible, harmonize . . . use common technical documents; and share relevant information and assessments concerning the quality, safety and efficacy of pandemic-related products, including after regulatory approvals are granted” And,
Whereas, Article II, Section 2 of the United States Constitution states, “The President . . . shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur” so that only the U.S. President and the U.S. Senate may commit the United States of America to a treaty regardless of how it is titled, not a foreign organization. This is not titled as a treaty, however is written as one, acts like one and cannot and should not be a empowered as a treaty. And,
Whereas, even with the consent of the Senate, treaties that the United States enters into cannot legally abrogate the rights of American citizens that are enumerated and guaranteed by the U.S. Constitution or intrude on State’s sovereignty,
Now therefore be it resolved, that the Association of American Physicians and Surgeons opposes the WHO convention, agreement or other international instrument on pandemic prevention, preparedness and response (“WHO CA+”, pandemic accord, Amendments to International Health Regulations, etc.) as drafted by the Intergovernmental Negotiating Body of the World Health Organization.
Respectively submitted by John D. Lilly, MBA, DO, Missouri Chapter, Association of American Physicians and Surgeons. July 15, 2023.
