The MOU arrangement shows that China's public health administration does not tolerate different voices from civil society. The most recently revised IHR Articles 9 and 10 require a different and much open attitude from the WHO in terms of verification of NGO participation and government notification. Such an open attitude is an anathema to the spirit of the MOU.
China's power to veto emergency contact between the WHO and Taiwanese officials is contrary to Article 1 of the WHO Constitution. If this provision cannot be modified, then the Chinese government shall announce publicly that it will never exercise any veto power in such situations.
The MOU puts effective public health considerations aside and fails to serve the WHO's basic objectives. It does not remedy any loophole in the global surveillance system. It must be renegotiated with the full participation of the Taiwanese government.
Michael Gau is an associate professor of International Law at Soochow University.
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