‘Seychelles in favour of WHO international agreement’ |01 March 2024

(L to r) Dr Gedeon, Minister Derjacques, Minister Vidot and Dr Shamlaye during the press conference (Photo: Joena Meme)

By Laura Pillay

The Ministry of Health yesterday stated that it is in favour of the development of an international instrument by the World Health Organisation (WHO) to strengthen pandemic prevention, preparedness and response.

Minister for Health, Peggy Vidot, noted yesterday that as a small island state, Seychelles lacks sufficient expertise and resources to be able to prevent, be well-prepared, and mount a response to a pandemic, and stands to benefit from the provisions of a treaty or agreement.

Presently, WHO member states are involved in negotiations towards the agreement, which is currently still a working document, and is subject to changes.

The proposal for an international instrument stems from the requests of at least 26 heads of states, during the United Nations World Health Assembly held in the wake of the Covid pandemic, in March 2021.

In December 2021, at its second-ever special session, the World Health Assembly established an intergovernmental negotiating body (INB) to draft and negotiate the convention, agreement or other international instrument under the Constitution of the WHO. 

“It is a document which we feel will bring about some order, to ensure that the country can prevent, and that the country is better prepared, and that we are more knowledgeable about what to do,” Minister Vidot stated.

The instrument will serve to bring about more equity and fairness, on the global scale, Minister Vidot added.

The draft agreement comprises three major chapters, and addresses human rights, sovereignty and equity, responsibility and solidarity of WHO’s 194 member states.

Presently it comprises 136 Articles.

In addition to measures aimed at preventing a pandemic, it makes provisions for reinforcing surveillance, and equitable distribution of pandemic related products and technologies.

Should the instrument be finalised by May, it will be presented to the Assembly during the World Health Assembly, for approval by member states.

Minister for Transport, Antony Derjacques, said that Articles of the proposed legal instrument safeguard human rights and freedoms, as well as sovereign rights, as enshrined in the Constitution and Seychelles’ national laws.

In particular, he noted that Articles 3, 6, 8, and 20 make provisions for this.

“The text stipulates that any eventual treaty or agreement will have to be in accordance with the Constitution and our fundamental rights and expressions are respected, and our laws are respected,” Minister Derjacques pointed out.

Once the final agreement is signed off by a majority of WHO member states and is enforced, each member state will have to bring it before their executive branch. Within Seychelles’ context, it will first have to be approved by Cabinet, followed by the National Assembly for ratification. Upon being ratified, the President will assent to the agreement.

Once assented to, any citizen who is concerned about their rights or the country’s sovereignty being compromised may file a petition to the Constitutional court, that may amend the Treaty, or reject it in its entirety, if it is deemed to have numerous fundamental flaws.

He clarified that should Seychelles adopt the instrument but then wish to withdraw from the agreement, it may give a written two-year notice, and can withdraw a year after the notice submission.

For his part, advisor to the minister's office and chairperson of the Public Health Authority (PHA), Conrad Shamlaye, clarified that the WHO is not a super organisation that can impose directives for member states to follow, without the approval of member states.

“As a small country, if we did not have the WHO to support us, our voice would not be heard in the world. We form part of the organisation so we can participate in an equitable manner on an international level,” he added.

Providing an example, Dr Shamlaye explained that during the Covid pandemic, vaccine manufacturing countries and larger ones leaned towards purchasing vaccines for their own populations first.

“It is for that reason that we need the WHO and this is the role that it plays. As a small country, if we were to negotiate ourselves with a larger country, we would not have the power. It is the WHO that groups all these needs together to make our voices louder,” Dr Shamlaye added.

Public Health Commissioner Jude Gedeon was also present for the press conference.