ICJ moves UNHRC against China for Covid-19 reparations

CHENNAI: The London-based International Council of Jurists () has transferred the United Nations Human Rights Council (UNHRC) in search of an unspecified amount from China for causing serious physical, psychological, economic and social damage to member countries by unleashing the world.

The ICJ wanted the UNHRC to question and direct the government of the People's Republic of China and to adequately compensate the international community and member states, particularly India, for surreptitiously developing a biological weapon capable of mass destruction of humanity in all over the world and also for serious physical, psychological, economic and social damages caused to these states due to inaction and negligence to respect international obligations.

By leveling accusations ranging from inaction and neglect to surreptitiously developing a biological weapon capable of mass destruction of humanity worldwide against China, the ICJ said that China had violated the provisions of the International Health Regulations (IHR), International Human Rights and Serious Violations of the Humanitarian International. Laws and clauses of the UDHR.

Narrating how the pandemic began to develop on December 1, 2019 and how the Chinese authorities were in denial mode until January 2020, the ICJ petition submitted by its president and lead attorney Adish C Aggarwala said: “On January 23 In 2020, almost two months after the first case of the virus was reported, Chinese authorities announced their first steps for the Wuhan quarantine. By then, a significant number of Chinese citizens had traveled abroad as asymptomatic and foreign carriers.

The Chinese government had deliberately censored the information and concealed the first warnings given by Dr. Li Wenliang, who was, in fact, reprimanded and initially punished by local authorities in China, he said, adding: The Chinese government also did not and did not. Enough the journey of infected people to further pollute the world.

Aggarwala further claimed that the virus was developed at the Wuhan Virology Laboratory from where it was carefully deployed to affect a minuscule 0.001% of the Chinese population, thereafter through the meticulous planting of infected people around the world. , the virus has reached every corner and corner of the planet, which affects health, industries and, most importantly, the world economy.

China, due to its constant censorship and concealment of relevant information from the public and the WHO, clearly violated the provisions of articles 6 and 7 of the IHR, said Aggarwala, points out that public authorities have a mandate to notify the WHO of the existence of a disease of public and international interest within 24 hours after the evaluation of public health information. Here, the Chinese government provided partial information on the new coronavirus only on February 14, 2020, after the virus had affected more than 2,000 people and killed about 50, it said.

Citing Article 25 (1) of UNDHR, Aggarwala's petition said that states should refrain from denying or limiting access to health services; the marketing of unsafe drugs; to impose discriminatory practices related to health status and needs; to limit, retain, censor or misrepresent health information; and for infringing the basic human rights of people recognized under the Universal Declaration of Human Rights.

Aggarwala justified his present request by saying: a person will be considered a victim regardless of whether the perpetrator of the rape is identified, detained, prosecuted or convicted and regardless of the family relationship between the perpetrator and the victim.

Regarding the question of whether the violation of the right to health is a violation of human rights, he said: “The WHO provides a clear and conclusive inference. The objectives of the establishment of the WHO itself consider the highest level of health as a fundamental right of every human being ”.

China violated State Responsibility for the Internally Unfair Act 2001 by omission or omission in dealing with the first few days of the outbreak of a new coronavirus, it said. “China has violated Clause (b) of the article by failing to act on IHR directives and failing to report to WHO, resulting in a violation of international obligation. This is in addition to Chapter III of the IHR, which gave China the responsibility to act diligently in case of suspicion of an outbreak that it has not been able to do in the current scenario.

The ICJ is a body of lawyers from around the world, which strives to defend the social and economic needs of people. Its past presidents include former Jordon Prime Minister of Justice Awn S Al-Khasawneh, former Indian Chief Justice, Justice PN Bhagwati and Justice RC Lahoti, and former President of the International Bar Association Fernando Pombo .