Upcoming Negotiations on International Health Regulations Spark Controversy

The 8th Round of Negotiations

The Working Group on the Amendments to the International Health Regulations (WGIHR) is set to resume its 8th round of negotiations on 16-17 May. This is just ten days before the 77th World Health Assembly (WHA) on 27th May, where a vote on the draft amendments is expected. However, concerns have been raised by academics, parliamentarians, and civil society across the globe. They claim that the World Health Organization (WHO) and the WGIHR are not adhering to their own procedural requirements as stated in Article 55(2) IHR (2005), which mandates a 4-month review period before a vote.

Disregard for Article 55

Many find it hard to comprehend this situation. The negotiating delegations and country representations are undoubtedly composed of eminent diplomats and lawyers. Yet, during the 5th WGIHR meeting in October 2023, the issue did not seem to bother them. The WHO’s Legal Officer publicly stated that Article 55(2) would not apply to the WGIHR as a subdivision of the WHA, despite the fact that Article 55(2) makes no such distinction. Moreover, the WGIHR had initially planned to respect it by setting a deadline of January 2024.

Misinterpretation of Precedents

A Co-Chair of the WGIHR cited the previous package of amendments adopted in 2005 as a precedent. However, this is a false analogy. The 1969 version of the IHR, amended in 1973 and 1981, did not contain any procedural provision on amendment submission. The 4-month requirement was only added to the 2005 version approved by the WHA, and so became applicable after that time. Therefore, the events of 2005 did not violate Article 55(2) as it did not exist at that time.

Violation of Article 55(2)

Unfortunately, the WGIHR agreed to continue the work until May 2024. This appears to be a deliberate or unintentional coverup of the violation of Article 55(2) by leaders and supra-national bodies that make laws for the rest of the world. Governments did not question the recent unfounded claims by the WHO that it had fulfilled the requirements of Article 55(2) by circulating a compilation of 308 proposed amendments in November 2022. These have been significantly modified or deleted through multiple rounds of negotiations. These claims must be rejected, as Article 55(2) requires the final text to be ready four months ahead of the WHA vote.

The IHR Amendment Process

The IHR amendment process has turned into a spectacle. The negotiations on a draft pandemic agreement and the IHR draft amendments are probably the most closely scrutinized intergovernmental processes ever. The public, concerned about a future dictated by unelected health bureaucrats, has voiced their concerns. An open letter has garnered more than 14,000 online signatures from concerned citizens worldwide. Eliminating the 4-month period will not only prevent governments from properly reviewing the text before signing, but it also means the public will have less or no time to express their concerns and opposition.

Disregard for Article 55(2)

It is regrettable that the WHO and the WGIHR chose to ignore Article 55(2). This could have been an opportunity to demonstrate their commitment to the process. Internal egos and external pressures probably drive them to be seen as active pandemic fighters, despite the flawed Covid response. The world now sees a mockery by intergovernmental bodies ignoring their own rules. What remains of the international rule of law?

What's Next?

Have governments realized that they have been misled by repetitive messages from the G20, WHO, and the World Bank about more harmful pandemics and the urgent need for new pandemic agreements? If they regain their senses, they may still be able to use Article 56(5) IHR to dispute the WHO’s interpretation of Article 55(2) at the upcoming WHA, demanding a deferral of the vote until legal requirements are met. If they fail, their only appropriate option will be to vote against both pandemic texts at the 78th WHA.

Final Thoughts

Is there still hope for the rule of law to apply in international forums? This situation raises serious questions about the integrity of international bodies and their commitment to their own regulations. What are your thoughts on this issue? Share this article with your friends and let's get a conversation started. And don't forget to sign up for the Daily Briefing, which is every day at 6pm.