This Article is written by Mehak Jain from Hidayatullah National Law University. This is an exhaustive article that aims to delve into the harms of reopening wet markets in times of this pandemic and how they violate international health standards.
Table of Contents
Introduction
Novel coronavirus has taken the world by storm. It has caused multiple businesses to shut down and harm to most of the existing sectors of the economy. It has led to half of the world being forced into lockdowns and there is no cure in sight. It all began in Wuhan, China. While outside China, the virus is still present at large and shows no signs of stopping from claiming lives, within China, the number of cases has begun to dwindle.
The country is looking forward to settling back as things were and one of such decisions is reopening of its wet markets, with some provinces already doing so. Why this issue is so controversial, is because wet markets are deemed to be the places where the virus breeds and it is highly illogical and insensitive of China in doing so, while the whole world battles a virus this country acted as a host to.
Wet markets in China
Background
On 11 March 2020, the World Health Organization (WHO) declared COVID-19 as a global pandemic.
What began in Wuhan has spread its reach to the whole world, and has now claimed more than a million deaths with the numbers still rising every passing day. The virus has led to entire countries going into lockdown, airlines being shut, business crashing, schools and colleges halted and so on.
The disease is animal-borne and classified as a zoonotic, which means that the first patient who contracted the disease got it directly from an animal.
How the virus jumps from animals to humans
According to scientists, “unnatural situations” such as those in China’s meat markets or “wet” markets. where live animals are herded and kept together in small, cramped spaces with unhygienic conditions in close proximity to people, cause the virus to travel inter-species till the point it is able to mutate and adapt itself to the human body and cause diseases.
What are Wet Markets?
China’s wet markets are closely packed open markets with narrow lanes for the sale of fresh meat. These markets offer exotic meat, such as that of a bat, dog, and pangolin. They are infamous for being unhygienic and excessively cruel to animals. Live animals are kept and slaughtered as the day goes by, owing to the customer’s demand. There has been a global outcry for long owing to the brutal treatment the animals are subject to.
‘Wet markets’ derive their name from the ice used to preserve the meat, or connoting the “wet” floors when blood and other remains of butchered animals are washed out. They are different from “dry” markets in the sense that they are used for the sale of fresh, perishable goods whereas the latter is used for the sale of durable goods such as electronics.
How the markets are a great threat in the current situation considering the pandemic
Coronaviruses are essentially a group of viruses responsible for animal-borne diseases, i.e. these viruses cause diseases in animals and birds. So why did humans get it? How was it able to jump from one species to another?
Humans have a history of contracting diseases from animals, be it the swine flu or ebola. Animals are the known reservoirs of harmful pathogens- bacteria and viruses that can cause the disease. The pathogens survive by adapting themselves to new hosts. This is what leads a disease to be transmitted inter-species.
When the man in Wuhan, China consumed the supposedly infected bat, the virus got transmitted. It further spread since people in cities live so close to one another, that they breathe the same air and touch the same surfaces. The deadly nature and the rate of transmissibility made COVID-19 dangerous than other viruses and led to a state of a total pandemic.
Now, the problem with China’s wet markets is that they are regarded as one such source of breeding the virus. The previous SARS epidemic in 2003 was also regarded as one of the breeding places for the virus, and the reason for the outbreak.
China needs to realize that its demand for unconventional meats has time and again caused new problems and clashes with not only the biodiversity but also the well-being of the world.
Reactions and criticisms
Australian Prime Minister Scott Morrisson urged WHO to take measures to ensure that the wet markets remain shut. According to him, wet markets pose a problem wherever they exist and should generally also be shut, however during testing times like these, it is imperative that WHO takes steps to do something about it.
Dr. Christian Walzer, who is the executive director of the Wildlife Conservation Society health program warned about continuing the wet market trend and said that if these markets are not shut down, and humans keep on consuming unregulated wildlife, everyone will be exposed to increasing risks of contracting new viruses which may continue of being more lethal than the previous one, thereby exposing the world to risks of future pandemics.
People for the Ethical Treatment of Animals or PETA also filed a petition urging WHO to take steps to avoid reopening of wet markets around the globe.
On a brighter note, Shenzen became the first Chinese city to put a ban on the sale and consumption of cat and dog meat.
Violation of international health standards by China
Article 6 of WHO’s International Health Regulations(IHR), 2005 states that all parties have to monitor the events occurring within their territory. In case of an event that may give rise to a public health emergency internationally, within the territory of a country, such a country must notify the WHO by way of the National IHR Focal Point and within 24 hours of obtaining such information.
Following the notification, the country via a state party must keep communicating with the WHO about the status and detailed information about such disease( including source and type of risk, number of cases, number of deaths, etc.) and report whether it needs help and support in responding to it.
China violated this Article as it did not notify the WHO about the rising number of cases of COVID-19, when the first set of cases emerged in Wuhan in January 2019.
Article 7 of the IHR, 2005 talks about information sharing during unusual public health events. If a country has information/evidence about unusual public health events within its territory which may lead to a public health emergency of international concert, such a country is to contact with WHO and give full information about such events.
This was violated by China as well, as even after disclosing information about the virus, it did not follow up with updates about its rate of transmissibility.
Article 37 of the WHO’s Constitution states that the Director-General and staff are not to be instructed by any government in discharging their duties. They shall also refrain from engaging in activities that might harm their image as international officers. As being a member of the WHO, each member country shall respect the officers as well as staff and should not aim to influence them in any way.
The fact that there was considerable delay in the WHO declaring COVID-19 as a cause of concern might be due to China’s important role as a member country and as a presumable influence on the WHO.
Article 18 of the Vienna Convention on the Law of Treaties discusses the conduct of countries entering into a treaty, and how they have an obligation not to defeat the object of the treaty by virtue of their actions. By expressing its consent to be bound by the treaty, it is morally obligated to respect the treaty and follow it duly. Article 31 of the Convention necessitates the parties to the treaty to act in good faith.
When both of these articles are read together, we can see that China is responsible for violating both the Articles; the former by not keeping in mind the object and purpose of the WHO Constitution, and the latter due to its abuse of power of veto to put off discussing COVID-19 in the United Nations Security Council(UNSC).
Loopholes in suggesting a permanent ban
- Billion-dollar industry
The demand and supply of wild animals lead to the formation of a billion-dollar industry. The number of people employed in it was more than a million, and shutting down of the industry will lead such a large chunk of people to lose their jobs.
- Part of culture and auspicious
Consumption of exotic animal meat represents more than one thing in a Chinese society. They are regarded as a class as well as status symbols. Since the cost of such meat is very high, it is not an affordable option for all. Treating someone with such meat is regarded as a colossal sign of respect and endearment.
- Traditional medicine requirements
Traditional Chinese medicine will be another tricky loophole to overcome since it incorporates the use of exotic animals too. The Chinese are a culture known for their traditional values and having them depart from it shall be one tough nut to break. For example, deer is used as both, meat as food and its blood as an ingredient in medicine. The Chinese government hence avoided a blanket ban and instead required the illegal trade of wildlife to be “strictly monitored”. However, this gave rise to another loophole, being that now wildlife could be reared under the pretense of being used for medicinal purposes however, they may be further trafficked for food.
Possibility of intervention of an international body
It is established that China’s power of veto will hinder the UNSC from taking up the issue of shutting down wet markets, just as it vetoed the discussion about COVID-19 too. However, by an alternative route, the United Nations General Assembly (UNGA) may still be able to refer the issue to the International Court of Justice (ICJ).
It can be argued then, that China has violated many general as well as international principles and customary international law, and that it owes a duty of care towards the rest of the world.
Is there a permanent ban in sight?
The terms of a permanent ban would need to be laid down explicitly. Will it be an umbrella ban? Will wild animals still be used in making traditional medicines? Will it include clean meat and dried wild animal parts? Ambiguity is to be avoided and the terms should be set out properly. The government should ensure it does not send its citizens mixed signals.
Rushing into a permanent ban might do more damage as it will lead the people employed in this business to close shop and move underground where risks of contamination and transparency about the whereabouts of the meat are even more dangerous. The ban needs to have its citizens’ support and people should be made aware of the long term risk they will be exposed to if a ban isn’t placed while time still permits.
Conclusion
It is thereby concluded that measures need to be worked out to ensure the current shutdown of wet markets and maybe even making it permanent. These places act as hosts where deadly pathogens thrive and may lead on to a future pandemic as well. These markets raise concerns both due to the inhumane and merciless way the animals are treated, and the poor hygiene conditions which are the cause of most diseases.
The matter needs to be taken up by the concerned authorities and strict action must be taken. Exceptions for wildlife use in traditional medicine should be avoided as it may lead to wildlife trafficking. These are times of global emergency and China must learn to improve rather than repeat the same old mistakes and give birth to another deadly disease.
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