Refusal in Global North States to Waive IP Rights for COVID-19 Vaccines Violates Human Rights

The Convention on the Elimination of All Forms of Racial Discrimination is overseen by a group of independent experts that compose the United Nations Committee on the Elimination of Racial Discrimination (CERD). To uphold human rights, CERD has encouraged State parties, particularly in the global North, such as the United States, Germany, Switzerland, and the United Kingdom of Great Britain and Northern Ireland, to waive their intellectual property rights concerning COVID-19 pandemic protections, vaccines, medicines, or healthcare technologies.

The Committee expressed its concern that COVID-19 remains a significant public health problem. It has devastating negative effects that disproportionately affect people and groups subject to racial discrimination, especially those from minority groups. Quoting the most recent data from the UN World Health Organization (WHO), the Committee noted that while about 32% of the world’s population has received at least one COVID-19 booster, that proportion is less than 1% in developing nations like Gabon, Papua New Guinea, Burundi, and Madagascar.

Verene Shepherd, chairwoman of CERD, highlighted the “high levels of morbidity and mortality” impacting these populations in an interview with UN News. She said, “We can’t let this go unattended.” The Committee’s experts advised the States to include a provision in the drafted pandemic preparedness treaty, which is being negotiated at the WHO, committing states to suspend intellectual property rights to medical treatments in a health emergency.

CERD asked States parties in the global North to assist instead in the healthcare capacities of developing nations through funding and making vaccinations, pertinent medications, and other essential supplies “available to all.” The Committee is also in the process of preparing new guidelines on racial discrimination and how to exercise one’s right to health in the form of a “general recommendation.”

CERD’s early warning and urgent action procedures primarily aimed to account for situations that could turn into conflicts to take the necessary preventive measures to stop major human rights violations. Apart from that, the governments can suspend intellectual property rights in a health crisis as stated in the draft pandemic prevention, preparedness, and response accord currently under negotiation at the World Health Organization.

The UN Special Rapporteur on contemporary racism, racial discrimination, xenophobia, and related intolerance, Ms. Ashwini K.P., supported the elimination of all forms of racial discrimination. All States parties should report on the steps they have taken to protect the rights stated in the Convention and the results of those efforts.