Additional Comments from the Coalition

Amendments to the International Health Regulations (2005)

1.1Coalition members acknowledge that Australia has long played a responsible and constructive role in global health forums, and we recognise the value of coordinated action in times of crisis.

1.2Evidence and testimony received during this inquiry raise a series of unresolved concerns regarding the implications of the amended International Health Regulations (IHR). These concern sovereignty, accountability, financial exposure, and potential impacts on freedom of expression.

1.3Coalition members believe these issues warrant clearer safeguards and stronger assurances before Australia considers any further commitments under the amended IHR or the proposed WHO pandemic agreement.

Sovereignty

1.4Evidence received from the Department of Health and Aged Care and the Department of Foreign Affairs and Trade stated that the amended IHR “do not prevail” over domestic law and that Australia retains full policy sovereignty.

1.5Coalition members contend that while Australia may technically retain the right to refuse compliance, the consequences of any such refusal are unclear.

Accountability and the performance of the WHO

1.6The Committee received a significant number of public submissions expressing doubts about the performance, independence and governance culture of the WHO.

1.7Coalition members note recent incidents provide grounds for concern, including the removal of the WHO Regional Director for the Western Pacific in 2023 over serious misconduct, the removal of the WHO Syria representative in 2022 for corruption and fraud, the decision by the current WHO Director General to appoint former Zimbabwe Dictator Robert Mugabe as a WHO Goodwill Ambassador.

1.8Coalition members recognise the value of multilateral institutions but remain troubled by the lack of clear mechanisms to ensure that WHO leadership, internal politics, or external influences do not colour decisions that Australia would be expected to follow.

1.9When the Australian Government is urged to purchase certain medical products, divert funding to other member states, or adopt specific response measures, there must be assurance that such advice is free from conflicts of interest, political favouritism or undue influence.

1.10The Committee did not receive a convincing explanation of how Australia can independently verify the reliability, impartiality or propriety of WHO recommendations before being expected to implement them. Nor did we receive clarity on who ultimately holds the WHO accountable when errors occur or allegations arise.

Financial Implications for Australia

1.11Departmental officials emphasised that Article 13 of the amended IHR does not create mandatory new financial obligations. While this may be technically correct, Coalition members consider it incomplete.

1.12The reality is that the WHO and other State Parties are likely to expect increased contributions from Australia to support global emergency responses, capacity building and health system strengthening. The amended IHR also require Australia to “maintain or increase” domestic capabilities to meet new compliance obligations.

1.13The Committee was not provided with any estimate of the potential cost of these measures. Coalition members are concerned that Australia may be signing up to open-ended financial commitments at a time of significant strain on the federal budget.

Freedom of Expression and the Regulation of “Misinformation and Disinformation”

1.14Annex 1 of the amended IHR introduces a new requirement for State Parties to develop capabilities to manage “misinformation and disinformation”. Yet the WHO provides no definition of these terms.

1.15There needs to be clear guidelines and definitions to ensure genuine public debate and discussion is not stymied inadvertently. The COVID-19 pandemic demonstrated that official health advice can change quickly as new evidence emerges.

Safeguards and Lessons from the COVID-19 Experience

1.16Several submitters, stressed the importance of protecting national sovereignty, ensuring transparency, and preserving democratic oversight of public health decisions.

1.17Coalition members agree that any future international health commitments must:

• preserve Australia’s ability to design and implement its own pandemic responses
• ensure parliamentary oversight of any obligations that affect domestic law, expenditure or fundamental freedoms
• incorporate clear exit provisions
• guarantee transparency and the publication of WHO advice, modelling and risk assessments
• avoid the transfer of decision-making power to unelected international officials
  18. Australia’s pandemic response must be improved, not outsourced.
  19. Coalition members support constructive engagement in global health cooperation. But cooperation must never come at the expense of sovereignty, accountability, fiscal responsibility, or the rights and freedoms of the Australian people.
  20. Coalition members provide these additional comments to ensure Parliament and the Australian people are fully aware of the risks and implications identified during this inquiry.

Ms Zoe McKenzieMP

Deputy Chair

Member for Flinders

Senator the Hon Matthew Canavan

Senator for Queensland

Senator Jessica Collins

Senator for New South Wales

Ms Alison PenfoldMP

Member for Lyne

Mr Henry PikeMP

Member for Bowman