The UN Committee on the Elimination of Racial Discrimination (CERD) adopted a decision under its “early warning and urgent action” procedures, stating that developed countries’ “persistent refusal” to waive COVID-19 vaccine IP rights – such as patents and trademarks – violated non-discrimination guarantees under international human rights law. 

CERD is one of the UN’s human rights treaty bodies. It monitors the implementation of the Convention on the Elimination of All Forms of Racial Discrimination by its 182 State parties and is composed of 18 independent experts serving in their personal capacity.

Developing world left behind

The Committee said it was addressing in particular countries such as Germany, Switzerland, the United Kingdom and the United States, who were all State parties to the Convention and had developed IP-protected COVID-19 vaccines, treatments and healthcare technologies.

Quoting the latest data from the UN World Health Organization (WHO), the Committee pointed out that while some 32 per cent of the global population have received at least one COVID-19 booster, in developing countries such as Gabon, Papua New Guinea, Burundi and Madagascar, that proportion stands at less than one per cent. 

‘Disproportionate impacts’

The Committee insisted that COVID-19 remained a serious public health issue with devastating negative impacts that are falling “disproportionately” on individuals and groups vulnerable to racial discrimination – in particular people of African or Asian descent, ethnic minorities, Roma communities and Indigenous Peoples.

 In an interview with UN News, CERD chairperson Verene Shepherd underscored the “high levels of morbidity and mortality” affecting these groups. “We can’t allow this to go unattended”, she said.

Suspend IP rights in health crises

The Committee’s experts urged States to incorporate a mechanism that commits governments to suspend intellectual property rights in a health crisis, in the draft pandemic preparedness treaty currently under negotiation at the WHO. 

They called on States parties in the global North to support poorer countries’ healthcare capacity with resources and to enable vaccines, relevant medicines and other necessary equipment and supplies “to be available to all”.

The right to health

The Committee is also in the process of preparing new guidance, under the form of a “general recommendation”, on racial discrimination and the enjoyment of the right to health. 

Ms. Shepherd said that the COVID-19 pandemic was a direct trigger for this project. She stressed that a link had to be made between the historic injustices of slavery and colonialism which “remain largely unaccounted for today” and the low level of attention paid to the health of people of African descent, Indigenous Peoples and ethnic minorities.

The issue was an urgent action item for the Committee, she said, and the first draft adopted in April built upon the “evidence-based link between racial discrimination as a structural social determinant – as recognized by WHO – and the right to health”.

The Committee was gathering contributions from a wide variety of stakeholders to prepare a final version of the guidance, she said.

The desperate situation prompted a tweet on Friday from Emergency Relief Coordinator Martin Griffiths calling for an immediate end to the fighting.  

“This carnage needs to stop” said the UN relief chief.

Major escalation

In the past two weeks alone, 71 people have been killed and injured in capital Port-au-Prince, marking a major escalation, according to UN humanitarian affairs office, OCHA, which Mr. Griffiths heads.

“Entire families, including children, were executed while others were burned alive. This upsurge in violence has caused unspeakable continued suffering of Haitians,” Philippe Branchat, acting UN Humanitarian Coordinator in the country said in a news release on Thursday.

So far this year, gang violence in the Caribbean country has claimed more than 2,500 lives, with over 1,000 injured.

At least 970 Haitians have been kidnapped, and 10,000 forcibly displaced from their homes.

The latest wave of violence has also resulted in the forced displacement of over ten thousand people who have sought refuge in spontaneous camps and host families.

Brazen human rights violations

Also on Thursday, the UN Integrated Office in Haiti (BINUH) issued a report outlining the dire human rights situation there, including brutal killings and lynchings.

The report noted that frustrated by lack of security and functioning government, residents armed with machetes, rocks, and fuel cans have resorted to brutal measures to prevent gang members and anyone associated with them from entering their neighbourhoods.

Between April and June, nearly 240 alleged gang members were killed by these self-proclaimed “self-defence groups.”

“While some killings appeared to be spontaneous, others were encouraged, supported, or facilitated by high-ranking police officers and gang members belonging to the G-9 and allies,” the report said.

The report also documented horrifying instances of sexual violence, including collective rape and mutilation, perpetrated by gangs to spread fear, punish rivals, and target women and girls under their territorial control.

BINUH expressed concern about the forced recruitment of children by gangs and the severe mental and psychological toll the violence is exacting on the population.

The office reiterated its call to the international community to deploy a specialized international force to address the crisis.

Massive humanitarian needs

According OCHA, nearly half of Haiti’s population needs humanitarian and food assistance.

Despite access challenges due to insecurity, humanitarian partners are reaching the displaced people with immediate aid such as food, water, shelter, sanitation, health, and psychosocial support, particularly for victims of sexual violence.

“The people in Haiti cannot continue to live trapped in their homes, unable to feed their families, find work and live in dignity,” OCHA said.

The relief agency added that humanitarians are committed to stand with the people in Haiti and assist in providing immediate assistance to alleviate human suffering.

“The draft law could be described as a form of gender apartheid, as authorities appear to be governing through systemic discrimination with the intention of suppressing women and girls into total submission,” the independent experts said.

They stressed that the proposed parliamentary Bill to Support the Family by Promoting the Culture of Chastity and Hijab and existing de facto restrictions are inherently discriminatory and may amount to gender persecution.

“The draft law imposes severe punishments on women and girls for non-compliance which may lead to its violent enforcement,” the experts warned.

It also violates fundamental rights such as the right to take part in cultural life, freedom of opinion and expression, the right to peaceful protest, and the right to access social, educational, and health services, they added.

Mahsa Amini death

“After months of nationwide protests over the death of Jina Mahsa Amini and against restrictive veiling laws, the authorities have introduced a tiered system of punishments targeting women and girls,” the experts said.

The 22-year-old was arrested in Tehran and taken into custody nearly a year ago by the so-called morality police for her alleged failure to comply with the already strict hijab laws.

She reportedly fell ill at a police station with witnesses testifying that she had first been severely beaten, and later died in hospital. Iranian authorities denied that she had been assaulted.

Culture war

The UN-appointed added the proposed new punishments under the draft legislation would “disproportionately affect economically marginalised women”.

The use of culture by the Iranian government as a tool to restrict the rights of women and girls is misplaced, the experts warned, noting that “culture is formed and evolves with the participation of all”.

By using terms such as “nudity, lack of chastity, lack of hijab, bad dressing and acts against public decency leading to disturbance of peace”, the draft law seeks to authorise public institutions to deny essential services and opportunities to those who will not comply.

Directors and managers of organisations who fail to implement the law could also be punished; the independent experts warned.

‘Weaponizing’ morality

“The weaponization of “public morals” to deny women and girls their freedom of expression is deeply disempowering and will entrench and expand gender discrimination and marginalisation, with wider negative consequences for children and society as a whole,” the experts said.

They note that the so-called morality police have also been reportedly redeployed in some areas since early July, potentially to enforce compulsory veiling strictures.

The bill was submitted to parliament by the Government and the judiciary on 21 May. Since then, it has been amended several times, with the latest draft significantly increasing the number of punishments for non-compliance.

“We urge authorities to reconsider the compulsory hijab legislation in compliance with international human rights law, and to ensure the full enjoyment of human rights for all women and girls in Iran,” the experts said.

Experts’ mandate

Special Rapporteurs and other independent human rights experts are appointed to monitor and report on specific country situations or thematic issues.

They serve in their individual capacity, are not UN staff and do not receive payment for their work.