Saturday, May 25, 2024

Halt: The International Court of Justice and the Rafah Offensive


by Adil Ahmad Haque
May 24, 2024


LONG READ


On May 24, 2024, the International Court of Justice indicated provisional measures for the third time in the case brought by South Africa against Israel alleging violations of the Genocide onvention in the Gaza Strip. The Court ordered Israel to

“[i]mmediately halt its military offensive, and any other action in the Rafah Governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part.”

The Court also ordered Israel to open the Rafah crossing, to allow United Nations fact-finders to enter Gaza, and to report to the Court within one month regarding its compliance with the Court’s orders. The Court also reaffirmed its prior orders and reiterated its call for the immediate and unconditional release of all hostages held by Hamas and other armed groups.

The Court’s principal order is somewhat ambiguous, but its practical import is clear. Israel must refrain from any action in Rafah that risks killing a substantial part of the Palestinian group, either through bombardment or through displacement to areas where they will not long survive. The Court found that Israel’s current military offensive is such an action. This military offensive seeks to expel hundreds of thousands of civilians from Rafah without providing for their most basic needs, followed by air and ground operations that will kill many of the civilians who remain. This military offensive must immediately halt. Israel may engage in other military operations in Rafah that do not carry such risks, including limited responses to rocket fire and precise hostage rescue operations. But the current military offensive unfolding before our eyes must stop.
The Order

The Court first established that the situation in Gaza has sufficiently changed since its second order of March 28 to justify indicating new provisional measures. The Court found that the “catastrophic humanitarian situation” in Gaza “has deteriorated” and “is now to be characterized as disastrous.” The Court found that these developments, “which are exceptionally grave, in particular the military offensive in Rafah and the resulting repeated large-scale displacement of the already extremely vulnerable Palestinian population in the Gaza Strip [including 800,000 displaced as of May 18], constitute a change in the situation.” The Court also found that its prior orders “do not fully address the consequences arising from the change in the situation.”

The Court then established that the general legal criteria for the indication of provisional measures are met. The Court reaffirmed that it has prima facie jurisdiction to hear the case. It also reaffirmed that at least some of the rights claimed by South Africa are plausible, including “the right of the Palestinians in Gaza to be protected from acts of genocide and related prohibited acts” under the Genocide Convention.

Most importantly, the Court found that “the current situation arising from Israel’s military offensive in Rafah entails a further risk of irreparable prejudice to the plausible rights claimed by South Africa and that there is urgency, in the sense that there exists a real and imminent risk that such prejudice will be caused before the Court gives its final decision.”

The Court observed that “senior United Nations officials have consistently underscored the immense risks associated with a military offensive in Rafah” and “warned that an assault on Rafah would put ‘hundreds of thousands of people … at imminent risk of death’ and would severely impact the humanitarian operation in the entire Gaza Strip, which is run primarily out of Rafah.” The Court noted that “United Nations sources indicate that the above-mentioned risks have started to materialize and will intensify even further if the operation continues,” observing that Israel’s military offensive has already disabled critical hospitals and rendered food warehouses inaccessible.

Crucially, the Court found Israel’s assurances unconvincing, writing that:


On the basis of the information before it, the Court is not convinced that the evacuation efforts and related measures that Israel affirms to have undertaken to enhance the security of civilians in the Gaza Strip, and in particular those recently displaced from the Rafah Governorate, are sufficient to alleviate the immense risk to which the Palestinian population is exposed as a result of the military offensive in Rafah. …

The Court observes that Israel has not provided sufficient information concerning the safety of the population during the evacuation process, or the availability in the Al-Mawasi area of the necessary amount of water, sanitation, food, medicine and shelter for the 800,000 Palestinians that have evacuated thus far. Consequently, the Court is of the view that Israel has not sufficiently addressed and dispelled the concerns raised by its military offensive in Rafah.

The Court concluded that additional provisional measures are urgently needed to preserve the rights of the Palestinians of Gaza under the Genocide Convention from real and imminent risk arising from Israel’s current military offensive. In my view, this stark finding demands immediate action from the international community, including from the United Nations Security Council.
The Measures

The Court reaffirmed its prior orders, then indicated four new provisional measures, each by an overwhelming vote of 13-2, ordering Israel to:


Immediately halt its military offensive, and any other action in the Rafah Governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part

Maintain open the Rafah crossing for unhindered provision at scale of urgently needed basic services and humanitarian assistance

Take effective measures to ensure the unimpeded access to the Gaza Strip of any commission of inquiry, fact-finding mission or other investigative body mandated by competent organs of the United Nations to investigate allegations of genocide

[S]ubmit a report to the Court on all measures taken to give effect to this Order, within one month as from the date of this Order.

All four measures are important. The order to keep open the Rafah crossing is striking for its specificity. The order to allow UN-mandated investigative bodies into Gaza could significantly enhance independent and impartial fact-finding. The reporting requirement ensures that Israel will remain accountable to the Court for its compliance or lack thereof.

The first measure is the most important. Its formulation is somewhat ambiguous, but the ambiguity makes no practical difference.

The order is most naturally read to mean that Israel must immediately halt


(i) its military offensive in the Rafah Governorate, and

(ii) any other action in the Rafah Governorate which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part.

This reading slightly deviates from the text by specifying the military offensive at issue and by ignoring the second comma.

Alternatively, one could read the order to mean that Israel must immediately halt


(i) its military offensive in the Rafah Governorate, which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part, and

(ii) any other action in the Rafah Governorate which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part.

This reading is somewhat awkward, since the same words (‘which many inflict …’) perform two different functions, first describing a specific action (‘its military offensive’) then defining a general category of actions (‘any other action’).

Finally, one could read the order to mean that Israel must immediately halt


(a) its military offensive in the Rafah Governorate to the extent that it may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part and

(b) any other action in the Rafah Governorate which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part.

This reading substantially rewrites the order, inserting words (“to the extent that it”) that it does not contain and qualifications where they do not seem to belong. Nevertheless, as we shall see, two judges prefer this reading.

On any of these readings, Israel may not continue its current military offensive in Rafah as currently planned. As a matter of fact, the Court specifically found that the current offensive exposes the civilian population to “immense risk” of mass death from starvation and disease. As a matter of law, the Court found a real and imminent risk of irreparable prejudice to rights under the Genocide Convention. These findings are equivalent to a finding that the current military offensive may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part. Therefore, the current offensive as currently planned and executed is prohibited under any reading. The current military offensive must immediately halt, and so must any other action that carries similar risks.

At the same time, Israel may carry out limited military operations to respond to specific attacks or to rescue hostages. It makes no practical difference whether we say that Israel must halt its current military offensive but may carry out distinct and limited military operations (the first reading) or may-continue-but-must-limit its current military offensive to avoid the “immense risk” it currently poses to group survival (the third reading). The result is the same.
The Separate Opinions

Three judges wrote declarations and two wrote dissenting opinions. These opinions raise many interesting legal issues, only some of which are discussed below.

Judge Tladi wrote that “[t]he Court has ordered Israel to ‘halt its military offensive in Rafah’. The reference to ‘offensive’ operations illustrates that legitimate defensive actions, within the strict confines of international law, to repel specific attacks, would be consistent with the Order of the Court. What would not be consistent is the continuation of the offensive military operation in Rafah, and elsewhere, whose consequences for the rights protected under the Convention on the Prevention and Punishment of Genocide has been devastating.” As noted above, this is the more natural reading of the Court’s order.

Judge Aurescu wrote that the principal order is “unclear as to whether the last part of it (starting with ‘which may inflict’) only refers to ‘any other action’ (which is not defined) or to both halting the Israeli military offensive and ‘any other action’. In my view, this measure needs to be interpreted [so] that it indicates as well the halt of the Israeli military offensive to the extent that it ‘may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part.’” As noted above, this rewrites the Court’s order, inserting words (‘to the extent’) that it does not contain.

Judge Aurescu also wrote that the Court’s order “do[es] not affect in any way the legitimate right of Israel to undertake actions, which should be conducted in strict conformity with international law, including in a manner responding to the criteria of proportionality and necessity, to protect its civilian citizens and to free the hostages still held in the Rafah area by Hamas and other armed groups.” Assuming this passage refers to protecting Israeli civilians from specific attacks, and not from the long-term threat posed by Hamas and other armed groups, then there is no practical difference between Aurescu’s interpretation and Tladi’s.

Judge Nolte wrote that he “remain[s] unconvinced that the evidence presented to the Court provides plausible indications that the military operation undertaken by Israel as such is being pursued with genocidal intent…. The reason for today’s measure is, in my view, that Israel has not sufficiently demonstrated that it can ‘enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians’ without limiting its current military offensive in Rafah.” Judge Nolte noted “the repeated interruptions of humanitarian aid deliveries by private Israeli citizens, which the police and the military have not prevented,” as well as “continuing significant incendiary public speech in Israel, including by senior Israeli officials” including Israeli Minister of Finance Bezalel Smotrich and Minister of National Security Itamar Ben Gvir. Judge Nolte therefore found “a risk for access to humanitarian aid urgently needed to ensure the survival of the Palestinian people in Gaza.”

Judge Nolte wrote that “[t]he reason for today’s measure is, in my view, that Israel has not sufficiently demonstrated that it can ‘enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians’ without limiting its current military offensive in Rafah.” According to Judge Nolte, “I considered it justified that the Court specify that [its prior orders] limit the current military offensive in Rafah as far as it could endanger the rights of the Palestinian people under the Genocide Convention, notably their access to basic humanitarian needs. The Court’s Order does not address military operations outside Rafah and the measure obliging Israel to halt the current military offensive in Rafah is conditioned by the need to prevent ‘conditions of life that could bring about [the] physical destruction in whole or in part’ of the Palestinian group in Gaza. Thus, this measure does not concern other actions of Israel which do not give rise to such a risk.” Again, whether we say that Israel must halt or limit its current offensive makes no practical difference. Either way, the current offensive cannot continue as currently planned, while limited military operations may be lawful.

Vice-President Sebutinde wrote a dissenting opinion setting out her understanding of the factual context and her reasons for voting against the new measures. Vice-President Sebutinde at times reads the Court’s orders narrowly to downplay them, at other times broadly to criticize them. She calls the measure “an overreach by the Court that has no link with South Africa’s plausible rights under the Genocide Convention” and that “implicitly orders Israel to disregard the safety and security of the more than 100 hostages still held by Hamas” then writes that “this measure does not entirely prohibit the Israeli military from operating in Rafah. Instead, it only operates to partially restrict Israel’s offensive in Rafah to the extent it implicates rights under the Genocide Convention.”

Finally, Judge ad hoc Barak wrote a dissenting opinion. Barak opens by attempting to portray a 13-2 vote to indicate a third set of provisional measures as a defeat for South Africa and a victory for Israel. According to Judge Barak, South Africa’s request was “rejected” and its “tactics failed” due to the “the specific, credible and up-to-date evidence provided by Israel, expertly and convincingly presented by its legal team during the hearings.” For anyone who reads the Court’s orders, or watched the oral proceedings, these passages are hard to take seriously.

More seriously, Judge Barak writes that “[t]he Court’s first measure is [] limited to offensive (and not defensive) military action in Rafah, and requires a halt only in so far as is necessary to protect the Palestinian group in Gaza from conditions of life that could bring about its physical destruction.” Barak goes on to write that “the measure is a qualified one, whichpreserves Israel’s right to prevent and repel threats and attacks by Hamas, defend itself and its citizens, and free the hostages.” Indeed, the Court’s order does not prohibit Israel from pursuing those aims in ways that do not risk mass death from bombardment, displacement, starvation, and disease. The Court’s order does not prohibit a hypothetical military operation that Israel might carry out in theory. Instead, the Court’s order prohibits the actual military offensive that Israel is carrying out in Rafah.
Image: The President of the Court, HE Judge Nawaf Salam Le président de la Cour, S. Exc. M. le juge Nawaf Salam delivers the Order of the Court on the request for the indication/modification of provisional measures submitted by South Africa in Application of the Convention on the Prevention and Punishment of the Crime of Genocide in the Gaza Strip (South Africa v. Israel) May 24, 2024.

About the Author(s)

Adil Ahmad Haque

Adil Ahmad Haque (@AdHaque110) is Executive Editor at Just Security. He is also Professor of Law and Judge Jon O. Newman Scholar at Rutgers Law School, Author of Law and Morality at War.


Israel's allies face genocide complicity if ICJ order is ignored — expert


If US and UK continue to support Tel Aviv and block attempts to hold it accountable, they may face charges of "complicity in genocide" outlined in Article III of Genocide Convention, says a legal expert.



REUTERS

The International Court of Justice has ordered Israel to "immediately" halt its invasion in Rafah. / Photo: Reuters

The ruling of International Court of Justice (ICJ) ordering Israel to halt its Rafah invasion is a step in the right direction, but the critical issue now is compliance, according to a noted legal expert.

"Israel's allies, such as the US and UK, cannot be complicit. This means, arms sales, for example, should be immediately suspended and states should not be providing diplomatic cover for Israel's egregious violations of international law, for example, by not vetoing any UN Security Council resolution focused on the compliance with this order," Zaki Sarraf, legal officer at the International Center of Justice for Palestinians (ICJP), told Anadolu Agency, hours after ICJ's new order.

If these countries continue to support Israel and block attempts to hold it accountable, they face the very real risk of facing charges of "complicity in genocide" outlined in Article III of the Genocide Convention, he said.

"If states such as the US and the UK provide diplomatic cover or they provide political cover or they continue selling arms to Israel, this could amount to complicity in what ICJ have already ruled as a plausible genocide against the Palestinians," Sarraf noted.


"Israel has shown an absolute and total disregard of international law, and the previous orders of the ICJ, so the next step from this ruling is compliance and respect for the law," the expert said.



Israel must comply


On Friday, the top UN court, besides reaffirming its January 26 and March 28 orders, ordered Israel to "immediately halt its military offensive, and any other action" in Rafah "which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part."


Israel has also been ordered to "maintain open the Rafah crossing for unhindered provision at scale of urgently needed basic services and humanitarian assistance" and "take effective measures to ensure the unimpeded access to the Gaza Strip of any commission of inquiry, fact-finding mission or other investigative body mandated by competent organs of the United Nations to investigate allegations of genocide."




The court has given Israel one month to submit a report on all measures taken to implement these orders.


"It’s imperative that Israel complies with the order," Sarraf reiterated.


"As we know, South Africa's Foreign Ministry have confirmed that they are taking the ICJ ruling to the UN Security Council to ensure the order is complied with. So it is imperative that any UN Security Council resolution related to compliance on this order is respected and not vetoed to ensure the lives of Palestinians are protected."




Over a million flee Israeli invasion in Rafah

In the past two weeks, more than a million Palestinians have fled Rafah as Israeli occupation military pressed deeper into the city.

People displaced by Israeli attacks lack shelter, food, water and other essentials for survival, the UN says.

The government of Israeli hawkish Prime Minister Benjamin Netanyahu said accusations it is committing a genocide in Gaza are "false, outrageous and morally repugnant."

"Israel has not and will not conduct military actions in the Rafah area which may inflict on the Palestinian civilian population in Gaza conditions of life that could bring about its physical destruction in whole or in part," Netanyahu's government said on Friday, signalling that it's Rafah invasion will not stop.

Israel's Finance Minister Bezalel Smotrich said: "Those who demand that the State of Israel stop the war, demand that it decree itself to cease to exist. We will not agree to that."

The White House, meanwhile, said it has been "clear and consistent" on its position on Rafah. US Senator Lindsey Graham said that ICJ "can go to hell".

"It is long past time to stand up to these so-called international justice organizations associated with the UN," Graham said.

SOURCE: AA AP



UK advocacy group says UN Security Council 'must act' following UN court’s ruling

'Israel has demonstrated its total disregard for the World Court’s orders, whilst Western leaders have reacted with everything from dismissal to disdain,' says expert

Burak Bir |25.05.2024 - 


LONDON

The International Centre of Justice for Palestinians (ICJP) said Friday that international law stands at a "crossroads," as it urged UN Security Council (UNSC) members to stand with the "tools that it created."

It came in a statement from the UK advocacy group after the International Court of Justice (ICJ) ordered Israel to immediately halt its Rafah offensive.

"Given Israel’s blatant disregard for the Court’s authority, emblematic of its increasing willingness to isolate itself on the world’s stage, UNSC member states must recognise what is at stake by their continued inaction in the face of Israel’s non-adherence," it said.

Dania Abul Haj, ICJP’s senior legal officer, said it is not "hyperbole" to say that international law stands today at a "crossroads."

"Israel has demonstrated its total disregard for the World Court’s orders, whilst Western leaders have reacted with everything from dismissal to disdain," noted the Palestinian lawyer.

Asserting that the Global North now has a "simple choice," she said it can stand with the "tools that it created" for the pursuit of global justice and accountability, or it can stand with Israel.

"How the US, UK, and France relate this ruling to their UN Security Council responsibilities will shape the role of not just the ICJ, but of the entire international rules-based order, for decades to come," she added.

On Friday, the top UN court, besides reaffirming its Jan. 26 and March 28 orders, told Israel to “immediately halt its military offensive, and any other action” in Rafah “which may inflict on the Palestinian group in Gaza conditions of life that could bring about its physical destruction in whole or in part.”

Israel has also been ordered to “maintain open the Rafah crossing for unhindered provision at scale of urgently needed basic services and humanitarian assistance” and “take effective measures to ensure the unimpeded access to the Gaza Strip of any commission of inquiry, fact-finding mission or other investigative body mandated by competent organs of the United Nations to investigate allegations of genocide.”




Saudi praises ICJ order for Israel to halt Rafah assault

Saudi Arabia on Friday hailed the top United Nations court’s ruling ordering Israel to halt its military offensive in southern Gaza’s Rafah, but called for it to be extended to the rest of the Palestinian territory.

The Gulf kingdom welcomed the International Court of Justice’s decision as “a positive step towards the moral and legal right of the Palestinian people”, the Saudi foreign ministry said in a statement.

“However, the Kingdom stresses the importance of such international resolutions to include all Palestinian areas,” it added.

Riyadh also reiterated “its call to the international community to assume its responsibilities to stop all forms of aggression against the Palestinian people”.

The conservative kingdom, home to Islam’s holiest sites, has long positioned itself as a champion of the Palestinian cause and has never recognised Israel.

However, its de facto ruler Crown Prince Mohammed bin Salman said in September that progress was being made on a possible normalisation deal that would also involve beefed up security and other agreements with the United States.

Since war broke out in Gaza on October 7, triggered by Hamas’s unprecedented attack on southern Israel, Saudi officials have said ties with Israel are impossible without “irrevocable” steps towards recognition of a Palestinian state, which Israel has long opposed.

The top UN court on Friday ordered Israel to halt military operations in Rafah “immediately”, in a landmark ruling likely to increase mounting international pressure on Israel more than seven months into the Gaza war.

The Hague-based court, whose orders are legally binding but lack direct enforcement mechanisms, also ordered Israel to keep open the Rafah crossing between Egypt and Gaza, which it closed earlier this month at the start of its assault on the city.

Mediators Egypt and Qatar also welcomed the ICJ ruling on Friday, with Cairo calling on Israel to “comply with its legal commitments” and “implement all the temporary measures issued” by the court.

Doha, which hosts Hamas’s political bureau, meanwhile “expressed hope that the decision would pave the way for an immediate, comprehensive, and permanent ceasefire”.

In response to the court ruling, Israel gave no indication it was preparing to change course in Rafah, insisting that the court had got it wrong.

“Israel has not and will not carry out military operations in the Rafah area that create living conditions that could cause the destruction of the Palestinian civilian population, in whole or in part,” National Security Adviser Tzachi Hanegbi said in a joint statement with the foreign ministry spokesman.

Australia urges Israel to 'abide by' ICJ's ruling on Gaza


'We have been very consistent that Rafa should not be attacked,' says senior Australian minister

25/05/2024 Saturday
AA



A senior Australian minister has urged Israel to "abide by" the International Court of Justice (ICJ) order to halt its military assault on the southern Gaza Strip.

The top UN court on Friday ordered Tel Aviv to immediately cease its military offensive in Rafah and open the crossing between Egypt and Gaza to allow aid into the besieged enclave.

Judges issued the landmark emergency ruling in South Africa's case accusing Israel of genocide.

Climate Change and Energy Minister Chris Bowen said Australia's position on Rafah is “crystal clear,” describing the situation as a “humanitarian disaster,” with the potential to worsen, local broadcaster SBS News reported on Saturday.

The ICJ also ordered Tel Aviv to submit a report on the measures taken on the latest order within a month.

“We have been very consistent that Rafa should not be attacked,” Brown said in Sydney.

“We are very consistent that the binding rulings to the ICJ should be abided by all parties, including Israel. Either you comply with international law or you don't.

“Australia believes international law should be complied with, Australia believes the binding rulings should be complied with and we believe Rafah should not be invaded by Israel.”

The International Court of Justice, which is based in The Hague, Netherlands, has no power to enforce its orders.

Israel continued its brutal offensive on Gaza despite a UN Security Council resolution demanding an immediate cease-fire.

More than 35,800 Palestinians have been killed in Gaza, the vast majority being women and children, and nearly 80,300 others injured since October following an attack by Hamas.

More than seven months into the Israeli war, vast swathes of Gaza lay in ruins amid a crippling blockade of food, clean water and medicine.

Pakistan, Maldives, Malaysia welcome new ICJ ruling against Israel

Implementing ruling in Gaza ‘will pave the way for peace in the world,’ says Pakistan's Prime Minister Shehbaz Sharif

Riyaz ul Khaliq and Serdar Dincel
 |25.05.2024 - 


ISTANBUL

Pakistan, Maldives and Malaysia welcomed a new ruling Friday by the International Court of Justice (ICJ) against Israel regarding the Gaza Strip.

“UN Security Council and the international community should make efforts to implement the ICJ order to stop Israeli operations in Gaza,” Pakistan Prime Minister Shehbaz Sharif said in a statement.

Implementing the order to stop the Israeli military operations “will pave the way for peace in the world,” he said.

The ICJ amended an earlier order and demanded Israel immediately halt its military offensive in Rafah, a city in southern Gaza where Tel Aviv sent forces May 6.

“Israel must immediately hold its military offensive or any other action in the Rafah governorate which may inflict on the Palestinian group in Gaza, conditions of life that could bring about its physical destruction in whole or in part,” said ICJ President Nawaf Salam, as he read the order on additional provisional measures requested by South Africa in the genocide case against Israel.

The ICJ said the modification to its March 28 order was in view of the change in circumstances due to the offensive on Rafah, where displaced Palestinians had taken refuge from the war that started in October. According to UN agencies, more than 800,000 have since fled the city due to the ground invasion.

Maldives President Mohamed Muizzu also welcomed the ruling.
“Israel must adhere to this ruling and immediately cease the unspeakable acts of brutality in Rafah. It must also open the Rafah crossing to allow the safe passage of humanitarian aid,” Muizzu demanded.

“While this is an essential step towards peace, we believe that Palestine’s establishment as an independent and sovereign state based on the pre-1967 borders with East Jerusalem as its capital is the only path to lasting peace,” Muizzu wrote on X.

Malaysia's Foreign Ministry also issued a statement on the ICJ ruling.

"Malaysia strongly urges the international community to intensify pressure on Israel to comply with the additional measures, as failing to do so will only make a mockery of the sanctity of the international law," it wrote on X.

The ICJ ruling said Israel has not "sufficiently addressed and dispelled" concerns raised by its military operation in Rafah.

It also urged Israel to maintain the Rafah border crossing open for unhindered access to basic services and humanitarian assistance into Gaza.

The ICJ ordered Tel Aviv to submit a report on measures taken on the latest order within a month.

*Aamir Latif contributed to the story from Pakistan


Our Father, this Africa Day, liberate us from military bases, By Owei Lakemfa

Father, we pray that the dreams of our ancestors, as retold by Nkrumah on 24 May, 1963, that our continent must unite, should come to pass.

Father, you are the God that answereth by fire. You said it shall be the fire next time. Consume all those misruling Africa and their principals in the metropolis. Let all powers and principalities that plan to recolonise your beautiful continent be destroyed like the Biblical Sodom and Gomorrah. Those who trouble Africa, trouble them. Those who cause us pains, cause them pains.

Our Father, we your children in Africa come to you this day, the eve of the 25 May, Africa Liberation Day.

We have been enslaved and colonised. We have survived the genocide of our traducers, who, in Congo alone, massacred 16 million of us and wiped out two-thirds of our population in Namibia.

We also survived Apartheid and the pestilence of coups and criminal leadership. Thank you for giving us the ability to survive all these, including the continued exploitation and destabilisation of our continent. At this point, we drag before you the institutions of exploitation and dehumanisation in the continent – the International Monetary Fund (IMF) and the World Bank and, their handmaid, the World Trade Organisation (WTO). Like doctors prescribing the same drugs for all ailments, all they have done for over four decades is to force on the continent, subsidy removal, currency flotation, exploitative market forces, higher fuel prices, jobless growth, reduction in education funding and hyper-inflation.

Father, it is not for nothing that you made us the source of humanity, the centre of the universe and the depository of natural resources. We do not take for granted the fact that over 4,000 years ago, we had the knowledge and ability to build pyramids with arithmetical accuracy and precision, which still baffles the rest of humanity. We know that the founders of Western philosophy and builders of their civilisation, including Plato and Herodotus, were pupils of Africa education, having graduated from our universities in Ancient Egypt.

We know that the rise of Africans as one of the most educated groups in the United States is not by accident. May we develop the consciousness and ability to utilise such huge assets, to develop our continent.

The God of Nkrumah, Harriet Tubman, Winnie Mandela, Felix Moumie, Dedan Kimathi, Fanon and Malcolm X, lead us to victory over all persons, groups and nations perpetuating iniquities against the African people.

Give us victory over them, as Toussaint Louverture and other liberation fighters militarily defeated France, the superpower which strived to continue the enslavement of Haitians. Even now, the gangsters, forces of darkness and their minders continue to torment Haiti. May they fail. May African leaders and progressive forces across the universe have the presence of mind and consciousness to intervene positively in Haiti and the rest of our continent.

Father, when Africans had few people to fight for them during slavery in the United States, you raised John Brown and his sons. When the forces of Apartheid were trying to overrun African countries, just as Israel is striving to obliterate the Palestinians, you raised Fidel Castro and the Cubans. May Africa never be short of true allies.

Father, as we mark the 2024 Africa Day, the continent is engulfed in a series of armed conflicts. Some, like that in Sudan, are due to prodigal children fed steroids by foreign powers. Some fires, as those in Somalia and half a dozen countries in West Africa, are set by religious elements dancing on the verge of lunacy. There are also the deliberate wars like that in Libya, engineered and stoked by the West, which destroyed that African promise.

There are over 100 million illegal small arms and light weapons circulating in the continent, almost all manufactured outside Africa. Assist us to silence the guns. Let those who live by the gun, die by the gun. Let those who profiteer from war, know no peace; let them choke on the vomit of their profits. Generally, aid us to overcome the various conflicts and set Africa firmly on the path of development.

Let there be peace in Africa as it is in Washington, London and Beijing. You said, blessed are the peace makers for they shall be called your children. We pray for all peace makers, whether in Tel Aviv or Gaza.

We have not stolen other peoples’ lands, coveted their property or seized their children. We have not sought to own the sun or the moon. All we have tried to do in Africa, is to live on the beautiful land it has pleased you to give us. Our desires are to share salt and pepper amongst ourselves, have schools for our children, roof over our heads, clothes on our backs, and medication to take of ourselves when we fall sick.

…a major challenge Africa has today are the attempts to expand military bases on our continent, where foreign powers will expand their spheres of influence at our cost. We do not want Africa to be turned into theatres of international war or test sites for new weapons. We recall the case of Cuba, whose 116-square metre Guantanamo Base, the United States leased in 1903 for $2,000.

Father, you are the God that answereth by fire. You said it shall be the fire next time. Consume all those misruling Africa and their principals in the metropolis. Let all powers and principalities that plan to recolonise your beautiful continent be destroyed like the Biblical Sodom and Gomorrah. Those who trouble Africa, trouble them. Those who cause us pains, cause them pains.

Father, a major challenge Africa has today are the attempts to expand military bases on our continent, where foreign powers will expand their spheres of influence at our cost. We do not want Africa to be turned into theatres of international war or test sites for new weapons. We recall the case of Cuba, whose 116-square metre Guantanamo Base, the United States leased in 1903 for $2,000. Despite repeated demands in the last six decades, the tenant has refused to leave. While we pray in solidarity with Cuba to regain its territory, we pray that African countries will not fall victims of possessive spirits that roam the universe.

Finally father, we pray that the dreams of our ancestors, as retold by Nkrumah on 24 May, 1963, that our continent must unite, should come to pass. His words that day continue to echo across our hills and valleys, especially when he said: “Unite we must. Without necessarily sacrificing our sovereignties, big or small; we can, here and now, forge a political union based on Defence, Foreign Affairs and Diplomacy, and a common Citizenship, an African currency, an African Monetary Zone and an African Central Bank. We must unite in order to achieve the full liberation of our continent. We need a common Defence system with an African High Command to ensure the stability and security of Africa. We have been charged with this sacred task by our own people, and we cannot betray their trust by failing them.” We pray Africans give heed to his words and take ‘Positive Action’ to bring them to fruition.

We pray that you bless Africa and all her well-wishers as we mark Africa Liberation Day, 2024. Ameen

Owei Lakemfa, a former secretary general of African workers, is a human rights activist, journalist and author.

 No party may get a majority in South Africa's election. Here's what that would mean


The focus for South Africa’s national election next week is on the fate of the African National Congress party and whether it is going to lose its parliamentary majority for the first time

By GERALD IMRAY 
Associated Press
May 24, 2024, 


CAPE TOWN, South Africa -- The focus for South Africa's national election next week is on the fate of the African National Congress party and whether it is going to lose its parliamentary majority for the first time, as many expect.

Several polls put the ANC's support below 50% ahead of Wednesday's vote, raising the prospect that it might not be the majority party for the first time since winning control of the government when Nelson Mandela led it to victory in the first all-race elections that ended white minority rule in 1994.

But the ANC is still widely expected to be the biggest party.

Here's how no clear majority would bring an unprecedented political change and complicate how the president is elected and how the government works in Africa’s most advanced economy:

The most immediate impact if there is no party with a majority would be on how the president is chosen and if ANC leader and current President Cyril Ramaphosa is reelected for a second and final five-year term.

The president is the head of state and has executive powers, but South Africans don't vote directly for the president in a national election, rather casting ballots for political parties. Those parties get seats in Parliament according to their share of the vote. Lawmakers then elect the president in the first sitting of the legislature after the election.

The vote occurs in the lower house of Parliament, known as the National Assembly, and it needs at least 201 votes from its 400 lawmakers to elect a president. The ANC has always had a majority in Parliament since 1994 and so the president has always been from the ANC.

Without a majority, the ANC would need a coalition or agreement with another party or other parties to get Ramaphosa reelected. The president could even come from another, smaller party if that's the agreement, although that's very unlikely.

The word coalition makes South Africans nervous after a series of them at local government level have been spectacular failures, including in Johannesburg, the biggest city and economic hub. There, the collapse of numerous agreements between parties has led to major problems in running the city’s services. Other towns and cities have had similar experiences, including the administrative capital, Pretoria.

But a national coalition government of some sort is a real possibility as a result of the ANC's declining support and would be unchartered waters for South Africa.

While a coalition might be a reflection of the democratic will of the people, some analysts say it could also be bad for South Africa's economy. It increases the chances of government instability and could lead to muddled policy, putting off foreign business investment at a time when South Africa desperately needs that.

There has been no indication of who the ANC might approach as a coalition partner and, for now, all options appear to be on the table. The ANC has maintained during election campaigning that it is not thinking about coalitions and is focused on retaining its majority.

Should the predictions hold and the ANC loses its majority, it could go straight to the official opposition Democratic Alliance party for a coalition. It's unclear if that's feasible as the DA has been so critical of the ANC and Ramaphosa, as have the two other main parties.

Instead, the ANC may go to a number of smaller parties with small shares of the vote to put together a coalition that would take their combined share to over 50% and allow a government to be formed.

There are dozens of parties contesting the election, many of them new and some expected to get just a few percent of the vote, but they could suddenly have a big say in South African politics. Those smaller parties would want something in return, whether Cabinet positions, some input on policy or even control of entire government departments.

Some South African political commentators have started to speak about a possible government of national unity in a kind of repeat of what happened just after the apartheid system of white minority rule ended 30 years ago. Then, Mandela invited other major parties into his government to seek some unity as South Africa took its first, uncertain steps as a democracy and went about writing a new constitution.

It was an act of reconciliation in bringing a fractured country together, though others have doubted it would work for South Africa now. For one thing, if all the major political parties were part of the government, who would hold it to account?

___

AP Africa news: https://apnews.com/hub/africa

Pandemic agreement talks end without a deal

GENEVA
 May 25 2024 

Pandemic agreement talks end without a deal

Negotiations on a landmark global agreement on handling future pandemics ended Friday without a deal — though countries said they wanted to keep pushing for an accord.

Scarred by the devastation caused by Covid-19 — which killed millions of people, shredded economies and crippled health systems — countries have spent two years trying to hammer out binding commitments on pandemic prevention, preparedness and response.

The talks gathered momentum in the final weeks, but failed to meet a final deadline before next week's World Health Assembly — the annual gathering of the World Health Organization's 194 member states.

"This is not a failure," WHO chief Tedros Adhanom Ghebreyesus insisted as the talks ended at the U.N. health agency's headquarters in Geneva.

He urged countries to see it as a "good opportunity to re-energise".

"The world still needs a pandemic treaty and the world needs to be prepared," he commented.

 'We're not finished' 

The assembly, which runs from Monday until June 1, will take stock and decide what to do next.

The talks co-chairs Roland Driece and Precious Matsoso told AFP that countries clearly wanted to reach a final agreement.

"It's not the end," stressed Matsoso, noting that the same ministers who decided they wanted a pandemic agreement would be the ones deciding on the next steps.

"They are the ones who are going to say, 'OK, you haven't finished this. Please go back, finalise it'," she said.

Driece said the draft they would send to the assembly was "not an agreed document, but it is a document — and we started with a blank sheet of paper. With nothing."

"I would think it would be very stupid if they would not finish this," he said.

After arm-twisting, horse-trading and 3:00 am finishes as the talks ramped up, Matsoso said 17 pages out of 32 had been fully agreed by countries.

  Sticking points 

"It's clearly a pause. Most member states want to carry on and lock in the gains," an Asian diplomat in the talks told AFP, speaking on condition of anonymity.

"We're not yet there with the text we have on the table. The big question is, what will it take for the north and the south to get to convergence? It needs time."

The main disputes revolved around access to pathogens detected within countries, and to pandemic-fighting products such as vaccines derived from that knowledge.

Other tricky topics were sustainable financing, pathogen surveillance, supply chains, and the equitable distribution of tests, treatments and jabs but also the means to produce them

  Steadfast commitment 

As the talks closed, countries who took the floor stressed their commitment.

U.S. negotiator Pamela Hamamoto said: "I'm glad that we have the draft text to show for the work that we have done together."

Ethiopia said African countries "remain steadfast"; Britain said there was "real progress", while the European Union remained "entirely committed" to bringing the talks to fruition.

Bangladesh still wants to deliver a "successful result that will serve humanity", while Indonesia said "we should continue until it finishes".

Parallel talks took place on revising the International Health Regulations, which were first adopted in 1969 and last updated in 2005.

The IHR talks outcome will also be presented at next week's assembly.

The regulations provide a legal framework defining countries' rights and obligations in handling public health events and emergencies that could cross borders.

Pandemic agreement talks end without a deal

Negotiations on a landmark global agreement on handling future pandemics ended Friday without a deal — though countries said they wanted to keep pushing for an accord.

Scarred by the devastation caused by Covid-19 — which killed millions of people, shredded economies and crippled health systems — countries have spent two years trying to hammer out binding commitments on pandemic prevention, preparedness and response.

The talks gathered momentum in the final weeks, but failed to meet a final deadline before next week’s World Health Assembly — the annual gathering of the World Health Organization’s 194 member states.

“This is not a failure,” WHO chief Tedros Adhanom Ghebreyesus insisted as the talks ended at the UN health agency’s headquarters in Geneva.

He urged countries to see it as a “good opportunity to re-energise”.

“The world still needs a pandemic treaty and the world needs to be prepared,” he commented.

– ‘We’re not finished’ –

The assembly, which runs from Monday until June 1, will take stock and decide what to do next.

The talks co-chairs Roland Driece and Precious Matsoso told AFP that countries clearly wanted to reach a final agreement.

“It’s not the end,” stressed Matsoso, noting that the same ministers who decided they wanted a pandemic agreement would be the ones deciding on the next steps.

“They are the ones who are going to say, ‘OK, you haven’t finished this. Please go back, finalise it’,” she said.

Driece said the draft they would send to the assembly was “not an agreed document, but it is a document — and we started with a blank sheet of paper. With nothing.”

“I would think it would be very stupid if they would not finish this,” he said.

After arm-twisting, horse-trading and 3:00 am finishes as the talks ramped up, Matsoso said 17 pages out of 32 had been fully agreed by countries.

– Sticking points –

“It’s clearly a pause. Most member states want to carry on and lock in the gains,” an Asian diplomat in the talks told AFP, speaking on condition of anonymity.

“We’re not yet there with the text we have on the table. The big question is, what will it take for the north and the south to get to convergence? It needs time.”

The main disputes revolved around access to pathogens detected within countries, and to pandemic-fighting products such as vaccines derived from that knowledge.

Other tricky topics were sustainable financing, pathogen surveillance, supply chains, and the equitable distribution of tests, treatments and jabs but also the means to produce them.

“The best thing is to have a good, inclusive text. Whether that is now or later doesn’t matter,” one African negotiator told AFP. 

“We want to continue the process. We really want this text.”

– Steadfast commitment –

As the talks closed, countries who took the floor stressed their commitment.

US negotiator Pamela Hamamoto said: “I’m glad that we have the draft text to show for the work that we have done together.”

Ethiopia said African countries “remain steadfast”; Britain said there was “real progress”, while the European Union remained “entirely committed” to bringing the talks to fruition.

Bangladesh still wants to deliver a “successful result that will serve humanity”, while Indonesia said “we should continue until it finishes”.

Parallel talks took place on revising the International Health Regulations, which were first adopted in 1969 and last updated in 2005.

The IHR talks outcome will also be presented at next week’s assembly.

The regulations provide a legal framework defining countries’ rights and obligations in handling public health events and emergencies that could cross borders.

by Robin MILLARD

Alert: COVID-19 eliminated a decade of progress in global level of life expectancy

Data crunched by the UN World Health Organization (WHO) has revealed that the COVID-19 emergency reversed more than a decade of gains in life expectancy, reinforcing the need for countries to agree on a global pandemic treaty to protect future generations.

According to the UN agency, between 2019 and 2021 – the early years of the global health emergency - life expectancy around the world dropped by 1.8 years to 71.4 years, which is the 2012 level.

Responding to the findings, WHO Director-General Tedros Adhanom Ghebreyesus highlighted the fragility of global health advances when confronted with unprecedented emergencies like the pandemic, which caused more than seven million confirmed deaths.

“In just two years, the COVID-19 pandemic erased a decade of gains in life expectancy,” Tedros said. “That's why the new Pandemic Agreement is so important: not only to strengthen global health security, but to protect long-term investments in health and promote equity within and between countries.”

Regional differences

Regionally, the Americas and South-East Asia felt the biggest impact of the coronavirus, with life expectancy dropping by around three years.

In contrast, Western Pacific countries were minimally affected during the first two years of the pandemic, with only small losses in life expectancy and healthy life expectancy.

The WHO’s World Health Statistics 2024 report confirmed that COVID-19 was the third highest cause of death globally in 2020 and the second highest a year later.

The coronavirus was also the leading cause of mortality in the Americas for 2020 and 2021.

Noncommunicable diseases

Before the pandemic, noncommunicable diseases remained the top killer, the UN health agency said, accounting for 74 per cent of all deaths in 2019.

During the pandemic, chronic conditions such as heart disease and stroke, cancer and dementia were behind 78 per cent of non-COVID deaths.

Malnutrition in children ‘striking’

Other major causes of lives being cut short are malnutrition, undernutrition, overweight and obesity. In 2022, over one billion people aged five years and older lived with obesity, while more than half a billion were underweight.

“Malnutrition in children was also striking,” the WHO report said, “with 148 million children under five years old affected by stunting - too short for age - 45 million suffering from wasting - too thin for height - and 37 million overweight.”

Healthcare inequity

The WHO’s World Health Statistics report also highlighted the challenges faced by people with disabilities, refugees and migrants.

In 2021, about 1.3 billion people, or 16 per cent of the global population, had a disability. “This group is disproportionately affected by health inequities resulting from avoidable, unjust and unfair conditions,” the UN health agency insisted.

Similar medical aid access problems exist for refugees and migrants, the WHO noted, after finding that only half of the dozens of countries surveyed between 2018 and 2021 provided publicly funded healthcare to them at the same level as other citizens. “This highlights the urgent need for health systems to adapt and address the persisting inequities and changing demographic needs of global populations,” WHO said.

Despite the multiple setbacks to public health caused by COVID-19, the UN health agency insisted that progress has been made towards achieving better health for all, in line with the Sustainable Development Goals (SDGs). These include the fact that since 2018, an additional 1.5 billion people achieved better health and wellbeing globally, and 585 million more people today have access to universal health coverage.

Pandemic treaty talks

In a bid to head off a future pandemic, the WHO is leading highly complex discussions with UN Member States to draft and negotiate a convention to agree on the collective steps that will be needed from governments around the world.

The aim is to present the outcome of these negotiations at the next World Health Assembly meeting in Geneva next week, where the WHO’s 194 Member States are scheduled to adopt the international accord.

Participation in the agreement by countries would be voluntary – contrary to online disinformation campaigns falsely alleging that the accord would mean surrendering sovereignty - and in the interests of the citizens of those countries and others, offering more effective pandemic preparedness and response.

According to WHO, negotiations on a future agreement revolve around the need to ensure equitable access to the tools needed to prevent pandemics – vaccines, protective equipment, information and expertise – and universal access to healthcare for everyone.


 

Talk to Sinologists: Exploring cultural exchanges through Taoism

CGTN

02:13

During an interview with CGTN, Misha Tadd, associate professor in Nankai University's College of Philosophy and director of the university's Global Laozegetics Research Center, expressed his hope to see more people in the U.S. take an interest in various elements of Chinese culture, beyond just Taoism. He emphasizes the significance of human exchange and direct interaction as key components in understanding different cultures.

According to Professor Tadd, direct human connection is vital for cultural exchange. His own journey to China started with the Tao Te Ching, highlighting the significance of cultural awareness as a starting point. However, he believes that bringing people together and allowing them to interact in a human way is powerful for fostering harmony and understanding.

Professor Tadd draws parallels to historical events like ping pong diplomacy, emphasizing that it's not the activity itself but the human interaction that fosters peace and comprehension. He encourages travel and cultural exchange as powerful tools for global harmony.

Join us as we delve into how Taoist philosophies and other elements of Chinese culture can create bridges between people worldwide.

(Cover image designed by Huang Ruiqi; Video edited by Qi Jianqiang)

RIP A GREAT CANADIAB WRITER
Alice Munro: the short-story writer who was 'as good as it gets'


Dear Life author has died aged 92



Alice Munro had the first of many stories published in The New Yorker in 1977
(Image credit: anadian Press / Shutterstock)

BY THE WEEK UK
PUBLISHED 14 HOURS AGO

Alice Munro often embarked on what she thought was a novel, only to find that the narrative petered out after about 40 pages.

But this hardly mattered, said The New Yorker, because as the citation for her Nobel Prize in Literature put it, Munro, who has died aged 92, could "accommodate the entire epic complexity of the novel" within a short story. She produced more than a dozen collections of them, most focused on the lives of seemingly ordinary women and girls in rural communities in southern Ontario, where she had herself grown up.

Acclaimed for the spare precision of her prose, and the intricacy ofher plotting, she was often compared to Maupassant and Chekhov, said The Times. John Updike described her as a writer who examined small worlds "gimlet-eyed and rabbit-eared", to create ambitious works that are defined by "a well-meditated complexity and multiplicity of plot, an intense clarity of phrase and image, an exceptional psychological searchingness and honesty".

Richard Ford wrote that her absolute mastery of the form was simply a given, in literary circles. "With Alice it's like a shorthand," he said. "You'll just mention her, and everybody just kind of generally nods that she's just sort of as good as it gets.
PLAY SOUND

Starting out

Alice Laidlaw was born in Wingham, Ontario in 1931. Her father owned a fox farm. Her mother, a former teacher, had early-onset Parkinson's, which meant that it fell to Alice to do many of the chores. She was brought up, she said, to think the worst thing you could do was to "think you were smart". But neither this nor her household responsibilities stopped her winning top marks in her exams, and a scholarship to the University of Western Ontario.

She took two jobs, and was still only left with 35 cents a day for food. Possibly she was hungry when she met fellow student Jim Munro in a library. He dropped a piece of candy; she cried, "I'll get it," and they became engaged six months later. They married in 1951, when she was 20, by which time she had already sold one of her stories to a college magazine.

Partly to escape the disapproval of his family, who felt she was not good enough for him, they moved west to Vancouver, where she worked part-time in a library, and he found a job in a shop. "Having a place of our own and a bed of our own where we could carry on as we liked seemed marvellous to us," she wrote. "We had made this bargain, but it never occurred to us that older people – our parents, our aunts and uncles – could have made the same bargain, for lust. It seemed as if their main itch had been for houses, property, power mowers, and home freezers and retaining walls".

Finding an audience

In the early 1960s, by which time they had two children, and had lost a baby at 14 hours, Jim gave up his job and they moved to Victoria, British Columbia, where they ran a bookshop. "Seduced and Abandoned? Relax with a book from Munro's," read a line on a bookmark Alice had designed. Their household was relaxed and bohemian.

After she had a third daughter, the eldest helped out; and her writing flourished. In 1968, her debut collection, "Dance of the Happy Shades", won Canada's equivalent of the Pulitzer Prize. But her marriage was disintegrating and ended in 1972. Not long after, she became reacquainted with an old college boyfriend, Gerry Fremlin. They married in 1976, and settled back in Ontario, 20 miles from her childhood home.

In 1977 she had the first of many stories published in The New Yorker, and her work started to reach an international audience. In 2004, Jonathan Franzen anointed her "the Great One", and urged people to "Read Munro! Read Munro!" Her health started to fail in 2009 and she published her last book in 2012, when she was 81. Fremlin died in 2013. Her daughters survive her.
Nations agree landmark treaty on traditional knowledge, protecting Indigenous Peoples’ rights

24 May 2024


Member States of the World Intellectual Property Organization (WIPO) – a specialized UN agency – on Friday agreed to a groundbreaking new treaty addressing intellectual property (IP) in relation to genetic resources and associated traditional knowledge.

The Treaty on Intellectual Property, Genetic Resources and Associated Traditional KnowledgeOpens in new window also includes key provisions aimed at protecting the rights of Indigenous Peoples and local communities.

Its approval by consensus, in Geneva, marked the conclusion of negotiations that began in 2001.

“Today we made history in many ways. This is not just the first new WIPO Treaty in over a decade but also the first one that deals with genetic resources and traditional knowledge held by Indigenous Peoples as well as local communities,” saidOpens in new window Daren Tang, the agency’s Director-General.

“Through this, we are showing that the IP system can continue to incentivize innovation while evolving in a more inclusive way, responding to the needs of all countries and their communities.”

Carefully calibrated solution



Guilherme de Aguiar Patriota, Brazil’s Permanent Representative to the World Trade Organization (WTO), president of the Diplomatic Conference adopting the Treaty, highlighted the achievement.

It represented “a very carefully balanced outcome” of the Conference, he said.

“It constitutes the best possible compromise and a carefully calibrated solution, which seeks to bridge and to balance a variety of interests, some very passionately held and assiduously expressed and defended over the course of decades.”


ADB/Tengo Giorbelidze
Genetic resources, found plants and crops, are often utilized in research and inventions.


About the treaty

The Treaty mandates that, where a patent application involves genetic resources, the applicant must disclose the country of origin or source.

If traditional knowledge associated with genetic resources is involved, the applicant must disclose the Indigenous Peoples or local community that provided it.

Genetic resources, found in entities such as medicinal plants and agricultural crops, are often utilized in patented inventions, although they themselves cannot be patented.

The traditional knowledge associated with these resources, conserved and used by Indigenous Peoples and local communities over generations, plays a crucial role in scientific research and the development of new inventions.

Next steps


Once ratified by 15 contracting parties, the Treaty will establish an international legal framework requiring patent applicants to disclose the origin of genetic resources and the associated traditional knowledge used in their inventions.
Exclusive:
Doctors issue 'distress' plea to Scottish patients: 'Write to your MSPs over NHS in crisis'

By Joseph Anderson
Published 25th May 2024

The unprecedented step comes as GP surgeries across the country face closure

Senior doctors have issued a “distress call” to patients in a bid to help keep GP practices open, following what they have branded a “cultural and systematic neglect of general practice” by the Scottish Government.

The Lothian Local Medical Committee (LMC), the body representing GPs in Lothian, has told patients to contact their MSPs, saying it is the only way to resolve a “critical situation with less money, less doctors and less staff”.

In an open letter to patients obtained by The Scotsman, titled ‘Why are your GP practices now unable to do everything they once were?’, doctors said they were now facing closures due to the crippling financial pressures of running a GP surgery in Scotland.

It comes as health secretary Neil Gray is set to face questions in a crunch session at Holyrood on Wednesday on the future of the NHS, with maintaining GP practices set to feature heavily in the discussion.

The LMS letter outlines a £1.6 million hike in facilities’ bills, a delay in a promised new funding model that better reflects GPs' workloads, the axing of Government funding for non-GP staff pay rises, the cancellation of funding for new build premises and the withdrawal of sustainability loans.

“General practice across the country has been struggling for years,” the letter reads. “However, it has now reached a critical situation with less money, less doctors and less staff to meet the growing needs of the Scottish population. So how did we get here?

“In 2017, the Scottish Government recognised this and promised to introduce a new contract, starting in 2018 and to be fully implemented within three years. At the time, the-then health secretary Shona Robison MSP said ‘we equally recognised the fundamental challenges faced by general practice, not least growing workload and increasing risk’.

“Unfortunately, for the first time in the history of the NHS, large parts of this contract have not been implemented. Even worse, when health boards haven’t been able to spend the money that they were given to employ additional pharmacists and other professionals to support general practice, the money has had to be returned to the Scottish Government rather than being able to be spent supporting your local practice.”

The letter added: "All GPs want to deliver the highest quality of care for patients in a timely manner, but the cultural and systematic neglect of general practice has led to a workload and workforce crisis.”

In Scotland, GP practice numbers have dwindled, while the number of patients registered with GP practices has soared, leading to frustrated patients and overworked GPs looking to leave the profession.The latest Public Health Scotland (PHS) figures show the number of patients registered with GP practices has continued to rise year on year, increasing by 7.1 per cent since 2013. Meanwhile, the number of patients aged 65 and over, who are far more likely to need medical assistance than other age groups, has increased by 19.3 per cent since 2013.

In the same period, the number of practices in Scotland has dropped by almost 10 per cent, from 994 to 897 since 2013.

The Royal College of General Practitioners (RCGP) said “it’s no surprise” that GPs in Scotland were asking the Scottish Government “to properly value the contribution of general practice”.

“Fundamentally, more GPs and greater investment are crucial to the future stability of general practice and the NHS as a whole,” an RCGP spokesperson said.

"RCGP Scotland is working closely with the Scottish Government to deliver solutions to retain our experienced existing GPs, as well as on ways to attract the best into the profession and to empower international medical graduates to settle as part of the Scottish GP workforce. Capital investment to ensure premises are fit for purpose and can accommodate this growing workforce is essential."

Jackie Baillie, Scottish Labour's spokesperson for health, said: "When you're worried about your health, the first number you call is your local GP and we know that NHS staff are working flat out to try to get patients in the door. But this crippling rent hike means GP practices are crumbling from the inside out while the government fails to act.

“At the same time, SNP funding cuts are leaving GPs high and dry. These rent hikes and funding cuts are pulling the rug under our vital GP surgeries in the midst of a cost-of-living crisis. The fact Lothian's GPs are now issuing a distress call asking patients to contact their MSPs should be an alarm bell for everyone who cares about our NHS.

"John Swinney's Government should stop treating GPs with contempt and instead work with them to create the health safety net we all need."

A spokesperson for the Scottish Government said it “greatly values” general practice and “wants to ensure GP practices have the support they need”.

“Scotland has a higher number of GPs per head than the rest of the UK, and a record 1,200 trainee GPs coming through the training system in Scotland,” the spokesperson said.

“We are fully committed to increasing the number of GPs in Scotland and have invested over £1.2 billion in General Medical Services in 2023/24 to ensure more people get the right care in the right place at the right time.”