Templeton Times: THEY MUST NOT BE ALLOWED TO GET AWAY WITH THIS!

26:10 Dr. Abdulla Asiri (Saudi Arabia)
Dear colleagues,
We have been operating with the understanding that the package of the proposed amendments resulting from the work of this group would be finalized by January 2024 to meet the four month deadline stated in Article 55.
However, we believe that we all share the same sentiment that, realistically, the whole package of amendments will probably not be ready by January 2024.
We would like to ask the Secretariat whether procedurally we could continue working until the 76th [77th?] World Health Assembly in May 2024.
I’d like to ask the Secretariat to provide some guidance in this matter.
27:00 Stephen Solomon (WHO Secretariat legal counsel)
Thank you co-chair.
The Health Assembly, in decision WHA75/9 requested the working group, and I quote, “to establish a program of work consistent with decision EB150(3), and taking into consideration the report of the IHR Review Committee, to propose a package of targeted amendments for consideration by the 77th World Health Assembly in accordance with Article 55 of the International Health Regulations.”
Article 55 of the IHR, which is referred to in decision WHA75/9 sets out two procedural requirements relating to proposed amendments.
The first one is that “proposals for amendments shall be submitted to the Health Assembly for its consideration.”
The second one is that “the text of any such proposed amendment shall be communicated to all states parties by the Director-General at least four months before the Health Assembly at which it is proposed for consideration.”
Again, that’s the text of the relevant article of the IHR, Article 55.
Article 55 of the IHR, including this four month requirement, has never been applied to amendments submitted collectively by a sub-division of the Health Assembly, which is exactly what the WGIHR is.
The WGIHR is a subdivision of the Health Assembly under rule 41 [40?] of the Rules of Procedure of the Health Assembly.
Thus, there are no precedents to rely on with respect to the manner in which the four month requirement set out in Article 55 should be satisfied.
That is to say, Article 55 has been applied to amendments proposed by a state party or by the Director-General, but never by a sub-division of the Health Assembly.
Indeed, it has only been applied with respect to, um, ah, it has not been applied with respect to any sub-division.
This is a first.
Accordingly, an option for consideration by the Working Group, would be for the Director-General to communicate in January 2023 [2024?] the following documents to all states parties:
First, the proposed amendments as originally submitted by member states and already communicated by the Secretariat to all states parties by email, and
Second, the proposed amendments as they might be shown on the screen at the closure of WGIHR/6.
This approach would allow work to continue in the WGIHR, if necessary, up until the 77th Health Assembly itself, recognizing the importance of complementarity with the INB process which, as we know, is mandated to work up until the 77th WHA.
In addition to that, the Working Group may consider requesting the Secretariat to include, in the January communication from the Director-General, a clarification according to which the amendments from the final session of the WGIHR, which could be, conceivably, as late as May, 2024, if necessary, would allow these final results of the May, of such a session, to be formally submitted to the 77th World Health Assembly.
A note on this deadline of the 77th World Health Assembly. If the deadline is not met, the WGIHR would be expected to report to the Health Assembly in May 2024 that agreement could not be reached on the proposed amendments.
This deadline cannot be changed as it was set out in decision WHA75/9.
This approach just outlined for your consideration would fulfill the four month requirement in its purpose as proscribed by Article 55 of the IHR, while at the same time allowing the Working Group to continue its consideration and negotiation of the proposed amendments, including possible modifications to the package that would be communicated to the States Parties.
Should this approach be considered satisfactory, the Working Group may wish to consider reflecting it in the report of this session of the WGIHR.
Thank you co-chairs.

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