Both houses of Parliament have a role to play in ratifying the World Health Organization’s proposed Global Pandemic Treaty before it becomes international law, according to Deputy President David Mabuza.
This was said by the Deputy President in response to oral questions at a National Assembly session on Wednesday.
“When it comes to foreign accords, Section 231 (1) of the Constitution makes it plain that the national government is responsible for negotiating and signing all international agreements.
“Once the treaty is signed, parliament will have a role in ratifying it, as international accords become law after being approved by resolution in both the National Assembly and the National Council of Provinces.
“To put it another way, international accords become national law only if Parliament ratifies them,” he explained.
Reverend Kenneth Meshoe, the ACDP’s leader, had asked the Deputy President if he intended to urge the health minister, Dr Joe Phaahla, to appear before Parliament to canvass the House’s opinions before signing the pact.
According to Mabuza, the Constitution mandates that the Minister of Health present the pact to Parliament for examination and ratification.
“It is critical for South Africa that the treaty is based on human rights to enable fair access to viable medical solutions in order to promote everyone’s health and well-being, regardless of socioeconomic level or geographic location.”
This comes after the World Health Assembly resolved to begin the process of creating and negotiating a treaty on pandemic prevention, preparedness, and response during a Special Session held from November 29 to December 1, 2021.
According to Mabuza, an intergovernmental negotiating committee was established to oversee the treaty’s negotiations and drafting in cooperation with diverse stakeholders, including Member States and civil society organizations.
“The proposed Global Pandemic Treaty will enhance the International Health Regulations, drawing on experiences learned from reacting to the COVID-19 pandemic.”
“To that aim, the agreement will seek to define the objectives and fundamental principles required for effective collective action to combat pandemics, fill gaps in the current legal framework, and clarify the duties and obligations of states and international organizations, among other things.”
“It is envisioned that this global treaty will, among other things, improve pandemic risk and alert surveillance; ensure uninterrupted health supplies and services; ensure effective research and innovation for timely development of vaccines, treatments, and diagnostics; and restore trust in the international health system.”