Introduction
In the wake of the deadly Coronavirus spreading rapidly around the globe, some experts have promoted the use of Traditional Chinese Medicine (“TCM”) to combat the virus. TCM has recently been recognised by the World Health Organisation (“WHO”) as an ethical and evidence-based policy option in global health care. TCM is the oldest medical milestone of Chinese health care which relies on the self-healing powers of a man to cure any ailments via plant and animal extracts. Many widely used remedies include extracts of endangered species, thus putting undue pressure on their declining numbers.
Endangered species are those species which are at a “very high risk of extinction” like pangolins, tigers, rhinos, and the like. In 1975, several countries joined hands to protect endangered species via Convention on International Trade of Endangered Species of Flora and Fauna (“CITES”). CITES regulates worldwide wildlife trade by limiting the trade quantum of a specie depending upon the risk being faced by them. It controls trade by imposing the requirement for permits, certificates and import restrictions. However, even after more than 40 years of its enforcement, the global illegal wildlife trade is still estimated to be worth €8- 20 billion annually.
In this article, the authors aim to discuss the violation of CITES taking place because of the unevidenced belief that use of endangered species in the form of TCM can combat Coronavirus. In order to substantiate the claim, the authors will discuss in depth two TCM remedies most widely propagated to treat the virus.
Convention on International Trade of Endangered Species of Flora and Fauna (CITES)
International co-operation for the protection of endangered species against over-exploitation through international trade is the prime objective of CITES. CITES has segregated the species in three appendices depending upon the level of protection required by the specie. Appendix I lists the most endangered species which are threatened with extinction. Trade in Appendix I species is only permitted in exceptional circumstances where the specie “is not to be used for primarily commercial purposes”. ‘Primarily commercial purposes’ have been interpreted to obtain economic benefit. Certain exceptions have been recognised to commercial purposes like use of endangered species in the biomedical industry or for scientific purposes but such a non-commercial aspect depends upon the facts of the transaction.
In line with the objective of the Convention, the Article VIII mandates that while dealing with a live specimen the treatment should be such which would “minimize the risk of injury, damage to health or cruel treatment”. Moreover, the Convention obligates the member parties to designate a Scientific Authority, to review the impact of trade on the species and to keep a count of the species.
Traditional Chinese Medicine (TCM)
The State as well as the populace of China has been promoting the use of TCM to cure Coronavirus. The State claimed in June 2020 that 92% of the Coronavirus patients have been treated with TCM. The Health Commission of China published a list of suggested treatments for Coronavirus, which included the use of “Tan Re Qing” injections. One of the core components of this injection is bear bile juice. The most commonly used methods for extracting bear bile juice is by using a syringe or a pipe, both of which “cause severe suffering, pain, and infection.” Bears have been included in Appendix I of CITES, thus the trade of any specimen of the bear should be regulated and only be allowed in exceptional circumstances.
Some medical practitioners have filled their pockets by selling a pill termed as “Angong Niuhuang Wan” which includes either buffalo horns or rhinoceroses horn and is believed to treat fever. Rhinoceroses are a part of Appendix I of CITES which means that any specimen of the specie under no circumstances shall be traded be for any commercial purpose or to obtain any economic benefit.
Analysis
In the authors’ opinion, the trade of specimens of endangered species in the form of medicines or the trade of specimens in its raw form for creation of the medicine has violated three core principles of CITES. First, such trade is being carried out for ‘primarily commercial purposes’ thus leading to economic benefits; second, the species have been subjected to cruelty and injury during the process and third, irrespective of the dwindling numbers of the specie the Authorities have acted as a mute spectator.
The use of specimens like bear bile juice of rhinoceros horns in medicines to treat Coronavirus is being promoted despite the lack of evidence to show its efficacy. A supporter of TCM might argue that trade of such specimens is allowed because it is not for primarily commercial purposes and falls under the garb of biomedical industry. Although, the reality is that to make use of the exception of ‘biomedical industry’ two essentials must be satisfied, i.e. ‘to develop products to promote public health’ and ‘not for the primary purpose of economic benefit’. In the present case, such cures have not been proved to be scientifically effective and some reputable investigations have also termed them as ‘fake cures’. Thus, trade in the said specimens prima facie violates Article III of CITES.
If for a brief moment the efficacy of the medicine is ignored, a glaring violation of Article VIII of CITES still persist in the form of cruel and barbaric treatment of species. For example, extraction of bear bile is a painful and daunting process. Even though some experts have come up with plausible compassionate replacements of the specimen, the same have not been promoted because of the strong presence of captive breeding industries. Similarly, to protect the rhinos from the excruciating pain some experts suggested the use of buffalo horns which possess similar qualities, but TCM doctors undermine such swaps because of a drop in effectiveness of the medicine.
In order to regulate wildlife trade, it is important to toughen the trade restrictions for endangered species so as to protect their numbers. Despite the numbers published by international agencies like UNODC, OECD and TRAFFIC which show that member parties should take immediate steps to save the species and halt trade in them if it does not conform to the conditions laid down in CITES, such trade for mere economic benefits has still not witnessed a decline.
Conclusion
The use of TCM to win the war against Coronavirus seems unpromising at the moment because of lack of scientific confirmation. In addition to this compelling data available on the public fora shows the gross abuse of CITES by individuals or member parties for their own economic benefits while ignoring the grim reality of the future of endangered species.
Bhavana Chandak & Shaurya Dhoundiyal
Bhavana Chandak is an associate at Kachwaha & Partners with a keen interest in Arbitration and Environment law.
Shaurya Dhoundiyal is a legal associate at the Chambers of Jeetender Gupta, Advocate on Record, Supreme Court of India. His areas of interest are Arbitration and Constitutional law.
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