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10 AsianJLS 1 (2023)

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Asian Journal of Law and Society (2023), 10, 1-10                        CAMBRIDGE
doi:10.1017/als.2022.16                                                  UNIVERSflY PRESS

RESEARCH ARTICLE


The COVID-I9 crisis, Herd immunity, and Vacc ne

Apartheid in thc Ag-' of Antlropoccnc


Hiroshi Fukurai*, Robin Gabriel and Xiaochen  Liang

University of California, Santa Cruz, USA
*Corresponding author. E-mail: hfukurai@ucsc.edu


Abstract
The coronavirus pandemic has led to millions of deaths around the world. In many countries, it has
also exposed long-standing inequities and injustices in health care, income distribution, labour mar-
ket practice, and social protection for the poor, women, indigenous peoples, and other marginalized
segments of the population. The disproportionate casualties among vulnerable populations have also
exposed predatory corporate practices, such as the refusal to share vaccine patents with low-income
countries (LIC) in the Global South. World Health Organization (WHO) Director-General Tedros
Adhanom  Ghebreyesus has warned that this vaccine apartheid could lead to the further spread
of more dangerous forms of virus variants, and that global solidarity and collaboration may be
the only viable approach to current and future pandemics.' Scientists have long warned that the
continued destruction of the environment and ecological diversity would lead to future waves of
cross-species (zoonotic) viral pandemics, due to the elimination of natural borders that once
existed between human and non-human  species. In the last several decades alone, humanity has
suffered from five major zoonotic pandemics: AIDS, SARS, MARS, Ebola, and COVID-19.2 This
Special Issue focuses on a select group of Asian countries in order to critically examine the impact
of socio-legal inequities in state-centric policies upon domestic populations, including indigenous
peoples, and to explore the possibility of international collaborative strategies for controlling the
spread of deadly viruses and their variants in the coming years and decades, in Asia and beyond.

Keywords:  COVID-19; World Health Organization (WHO); vaccine apartheid; indigenous peoples;
Cuba; vaccine untouchables; vaccine genocide


I. Introduction
In  May  2021, World   Health  Organization  (WHO)   Director-General Tedros  Adhanom
Ghebreyesus  declared that humanity  had entered a stage of vaccine apartheid, in which
the inequitable production of vaccines and their disproportionate distribution could lead
to the unnecessary  deaths of millions of people.3 The Global Union Federation (GUF), an
international federation of trade unions, urged an end  to this vaccine apartheid that
continues to kill indigenous peoples and vulnerable  populations throughout  the world.4
The UN  Special Rapporteur  for Indigenous Peoples, Jose Francisco Cali Tzay, warned that
indigenous  people and  other vulnerable populations have  been hit hardest by the pan-
demic  and were most likely to suffer due to inadequate access to vaccines in years to come.


  1 world Health organization (2020).
  2 Nebehay & Shields (2020).
  3 shields & Farge (2021).
  n Global Union Federations in Asia Pacific Urge to End the Vaccine Apartheid (2021).

© The Author(s), 2022. Published by Cambridge University Press on behalf of Asian Journal of Law and Society