BRIEFING PAPER: The WHO Pandemic Treaty and IHR Amendments

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1. The World Health Organization (WHO) is developing two international legal instruments:

Amendments to the 2005 International Health Regulations (IHR Amendments) and a pandemic treaty called 'Γ‡A+' (the Treaty).
2. The IHR Amendments propose significant new supra-national powers for the WHO during public health emergencies and broadens the circumstances in which these powers can be triggered.
3. The Treaty aims to support the bureaucracy, financing, and governance needed for the expanded IHR.
4. The adoption of the IHR Amendments would change the relationship between national governments and the WHO, putting the WHO at the helm of a top-down supranational approach to public health, including pandemic preparedness and response policies.
5. The WHO aims to have both the Treaty and IHR Amendments ready for adoption at the 77th World Health Assembly in May 2024.

6. The Amendments would give the WHO and its Director-General binding global health emergency powers,elevating the WHO above national ministries of health
7. These proposals, if adopted, would expand the WHO's public health surveillance mechanism with a global workforce funded by taxpayer funds and private/corporate interests.
8. Critics argue that the proposals are rushed and that both the Treaty and IHR Amendments could undermine national sovereignty and individual human rights.
9. Removal of actual health emergency requirement: To remove the need for a confirmed health emergency, allowing consequences to arise from the mere "potential" for a public health emergency, &removing the requirement for impacted state(s) to agree that an emergency has occurred.
10. Expansion of WHO's powers:

These amendments will expand the WHO's powers to identify and declare a PHEIC, giving the Director-General (DG) the ultimate discretion to declare such an event.
11. Human rights becoming a relative concept:

The IHR Amendments signal a shift in the human rights approach, implying that wealthy and poor individuals may have different rights.
12. Extending the scope of WHO's emergency powers:

The amendments propose expanding the WHO's institutional capacities during a PHEIC, its bio-surveillance capacities, and the scope of binding recommendations issued to member states.
13. Surveillance capabilities greatly expanded:

The proposed Treaty and IHR Amendments aim to establish a vast surveillance infrastructure, requiring member states to detect, assess, notify, and report events that could constitute a PHEIC.
14. Mandatory provision and sharing of resources by WHO member states:

The IHR Amendments propose that the DG of the WHO would have powers to instruct member states to provide resources to the WHO and other countries after declaring an emergency.
15. Mandatory data sharing:

Under the IHR Amendments, member states would be required to make information available to the WHO and permit the organization to share it with other member states and relevant international organizations.
16. Censorship: The proposals would require the WHO to build institutional capacity for global infodemic management and prevent the spread of misinformation and disinformation, placing the WHO's current voluntary activities in this area on a mandatory footing.
17. The IHR amendments could threaten the long-established standards of medical law and safety by allowing the rapid approval of health products during a PHEIC, declared unilaterally by the WHO's DG.
18. The amendments could expand the requirements for vaccination and test certificates for travel, potentially making them a precondition for cross-border travel during a PHEIC or even at all times.
19. The Γ‡A+ treaty would establish an international supply and logistics network overseen by the WHO, require member states to relinquish IP rights during public health emergencies, and potentially reduce regulatory oversight for emergency-use pandemic-related products.
20. The amended treaty would require each WHO member state to commit a minimum of 5% of its national health budget and an unspecified percentage of GDP towards pandemic prevention and response.
21. Critics argue that the WHO has been heavily influenced by private capital and vested interests, with the Gates Foundation being a significant donor and driver of a vaccine-focused approach.
22. Concerns about the surrender of sovereignty, individual rights, and the absence of public knowledge or debate surround the proposed amendments and treaty.
23. The proposed amendments may not be consistent with the democratic, community-based approach to public health originally championed by the WHO.
The WHO Pandemic Treaty and IHR Amendments spark a contentious debate on global health governance.

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