UN race committee says global north’s COVID-19 IP position violates human rights

UN Committee on Racial Discrimination calls for equitable access to vaccines, treatments, and health tech | Switzerland, Germany, UK, and US refusal to waive IP rights for COVID-19 vaccines 'aids discrimination against vulnerable communities'.

A United Nations (UN) committee has called on states in the global north to relinquish their IP rights surrounding COVID-19 vaccines and treatments, to respect human rights.

This declaration came from the UN Committee on the Elimination of Racial Discrimination (CERD), as it adopted a resounding decision through its early warning and urgent action procedures.

The committee stated that the position of developed countries in retaining COVID-19 vaccine IP rights, including patents and trademarks, violated non-discrimination guarantees under international human rights law.

CERD emphasised that addressing the current challenges of inequality requires sharing access to the IP rights underpinning patents for vaccines, treatments, and related technologies.

These rights are currently concentrated in the hands of a select few countries in the global north, according to the committee.

CERD, a body within the UN's human rights treaty organisations, is responsible for overseeing the implementation of the Convention on the Elimination of All Forms of Racial Discrimination, which has been ratified by 182 State parties.

Comprising 18 independent experts, CERD's mission is to eradicate racial discrimination in all its forms.

Developing world left behind

The committee’s call was directed at Germany, Switzerland, the UK, and the US, which are at the forefront of developing IP-protected COVID-19 healthcare treatments.

Citing recent data from the UN World Health Organization (WHO), the committee highlighted that approximately 32% of the global population had received at least one COVID-19 booster.

However, in developing nations such as Gabon, Papua New Guinea, Burundi, and Madagascar, the proportion stood at less than 1%.

CERD outlined its concern that COVID-19 continues to pose a severe public health challenge, with it disproportionately affecting individuals and communities vulnerable to racial discrimination.

This includes people of African or Asian descent, ethnic minorities, Roma communities, and indigenous peoples.

"The current challenges of inequality can be significantly mitigated by sharing access to IP rights related to life-preserving patents for vaccines, treatments, and associated technologies, which are currently reserved by a select few countries in the global north," said the committee.

TRIPS Agreement and human rights obligations

The committee expressed concern regarding the ministerial decision on the agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) adopted on June 17, 2022, at the twelfth Ministerial Conference of the World Trade Organization.

It argued this decision did not go far enough in addressing the disproportionately high rates of COVID-19 morbidity and mortality affecting racial and ethnic minority groups worldwide.

Germany, Switzerland, the UK, and the US “are in a specifically powerful situation when it comes to waiving IP rights under the TRIPS Agreement or taking other measures to address the lack of equitable and nondiscriminatory access to COVID-19 vaccines,” said the committee.

It also noted that these countries' persistent refusal to support such a waiver raises concerns regarding their obligations under the convention, as well as other international human rights guarantees.

CERD called upon states to prioritise human rights considerations and incorporate stringent human rights guarantees, including a mechanism that obligates governments to suspend IP rights during health crises.

Moreover, the committee urged “states in the global North to provide resources to enable poorer states to meet the essential medical capacities they are now expected to have under International Health Regulations, and to facilitate the availability of vaccines, essential medicines, and other critical equipment and supplies for all.”

And finally, requested states do “not allow economic interests and corporate commitments to be prioritised over respect for human rights.”

Did you enjoy reading this story?  Sign up to our free daily newsletters and get stories sent like this straight to your inbox