Concerns Over Amendments to the International Health Regulations

Resumption of WGIHR Negotiations

This week, the Working Group on the Amendments to the International Health Regulations (WGIHR) will recommence its 8th round of negotiations on 16-17 May. This comes just ten days before the 77th World Health Assembly (WHA) on the 27th of May, where a vote on the entire package of draft amendments is expected. Academics, parliamentarians, and civil society worldwide have expressed concern that the World Health Organization (WHO) and the WGIHR are not adhering to their procedural requirements as outlined in Article 55(2) IHR (2005), which stipulates a 4-month review period before a vote.

Article 55 Amendments and Disregard of Procedural Requirements

It's perplexing to many that negotiating delegations and country representations, comprised of distinguished diplomats and lawyers, seem unperturbed by this situation. The WHO's Legal Officer stated during the 5th WGIHR meeting in October 2023 that Article 55(2) would not apply to the WGIHR as a subdivision of the WHA, despite no such distinction being made in the article and the WGIHR initially intending to respect it by setting a January 2024 deadline.

False Precedent and Violation of Article 55(2)

One Co-Chair of the WGIHR cited the negotiations of the previous amendment package adopted in 2005 as a precedent. However, this is misleading. The 1969 version of the IHR, amended in 1973 and 1981, had no procedural provision on amendment submission. The 4-month requirement was only added to the 2005 version approved by the WHA at that meeting and became applicable thereafter. It's clear that the 2005 proceedings did not violate Article 55(2) since it did not exist at the time.

Continuation of Work and Supposed Fulfillment of Requirements

Unfortunately, the WGIHR agreed to continue work until May 2024. This seems to be a coverup, whether intentional or not, of the violation of Article 55(2) by global leaders and supra-national bodies that make laws for the rest of the world. The WHO's recent claim that it fulfilled Article 55(2) requirements by circulating a compilation of 308 proposed amendments in November 2022 - amendments that have been significantly modified or deleted through multiple negotiation rounds - has gone unchallenged by governments. These claims should be refuted, as Article 55(2) requires the final text to be ready four months before the WHA vote.

The IHR Amendment Process: A Theater?

The IHR amendment process has seemingly turned into a spectacle. The negotiations on a draft pandemic agreement and the IHR draft amendments are likely the most scrutinized intergovernmental processes ever. The public, concerned about a future controlled by unelected health bureaucrats with no oversight or accountability, has voiced their concerns to their elected representatives. An open letter expressing these concerns has garnered over 14,000 online signatures from worried citizens worldwide. Eliminating the 4-month period not only prevents governments from properly reviewing the text before signing, but also reduces the public's ability to express their concerns and opposition.

Disregard for Article 55(2) and the Rule of Law

It's regrettable that the WHO and the WGIHR chose to ignore Article 55(2) when they could have used this as an opportunity to show their commitment.