Regulatory Violations of Article 55(2) IHR by WHO During the 77th World Health Assembly

Summary

The World Health Organization (WHO) violated Article 55(2) of the International Health Regulations (IHR) by failing to circulate finalized amendment texts four months before their adoption at the 77th World Health Assembly (WHA) in June 2024. Instead, the WHO circulated 308 draft proposals in November 2022, which critics argue were incoherent and intended for negotiations, not for formal adoption. These procedural lapses have raised significant concerns about transparency, state sovereignty, and the legitimacy of the WHO’s decision-making process.

Background/Context

The IHR, adopted in 2005, provide a framework for international cooperation in responding to global health emergencies. Amendments to the IHR can have significant implications, as they may establish new bodies and broaden the responsibilities and functions of the WHO.^[1] To safeguard member states, Article 55(2) mandates that finalized amendment texts be circulated four months before their adoption to allow for thorough review and preparation.^[2]

At the 77th WHA, the WHO presented proposed amendments to the IHR and a draft Pandemic Agreement, which aimed to centralize authority within the WHO and enhance the Director-General’s power to unilaterally declare public health emergencies.^[3] These initiatives prompted concerns about the erosion of state sovereignty and the lack of public participation in global health governance.^[4]

Relevant WHO Policy/Action

The Working Group on the Amendments of the IHR (WGIHR) was tasked with finalizing amendments for submission to the Director-General (DG) in January 2024, as per its Terms of Reference.^[5] This would allow the DG to circulate finalized texts to member states in compliance with Article 55(2) for consideration at the 77th WHA.^[6] However, the WHO Secretariat instead circulated 308 draft proposals in November 2022.^[7] These proposals were made by various states, lacked coherence, and were explicitly intended to launch a negotiation process rather than represent finalized amendments.^[8] Later during the negotiations, even one month prior to the 77th WHA, changes were proposed and negotiated to this draft.^[9]

Critics argue that this approach violated the object and purpose of Article 55(2). First, the Article’s four-month requirement ensures states can meaningfully evaluate finalized texts for their domestic implications before adoption.^[10] Second, the WHO Secretariat’s circulation of the 308 proposals was done at the explicit request of the WGIHR and not as part of a legal intention to comply with Article 55(2).^[11] This further undermines the legitimacy of the amendments adopted on June 1, 2024.

Legal or Regulatory Violations

The WHO’s actions breached Article 55(2) IHR, which requires the circulation of finalized amendment texts to member states four months prior to their consideration at the WHA.^[12] This procedural safeguard is crucial for states to assess legal, institutional, and financial implications of proposed amendments.

The WHO’s defense that circulating draft proposals in November 2022 satisfied the requirement is unconvincing. Drafts intended to initiate a negotiation process do not fulfill Article 55(2)’s mandate for finalized texts. Furthermore, the WGIHR Terms of Reference explicitly required compliance with Article 55(2), making the delay in circulating finalized texts a violation of both international law and internal procedural rules.^[13]

Consequences/Impact

The procedural violations have sparked widespread criticism from civil society groups, health experts, and policymakers. These lapses have eroded trust in the WHO and raised concerns about its accountability and transparency. Critics argue that the rushed adoption of amendments risks marginalizing diverse regional health needs and undermines principles of human rights, medical ethics, and public health equity.^[14]

The controversy also highlights broader issues, such as the over-centralization of power within the WHO and the potential sidelining of member state sovereignty. Calls for postponing the adoption of the IHR amendments and the Pandemic Agreement have emphasized the need for greater adherence to legal safeguards and more inclusive public participation in global health governance.^[15]