To: every global decision maker to alert them regarding the upcoming November 28, 2023 deadline to REJECT THE AMENDMENTS
World Health Organization
Tedros Adhanom Ghebreyesus
Avenue Appia 20
November 28, 2023 is the final day for States to formally reject the IHR Amendments.
Notice to agent is notice to principal. Notice to principal is notice to agent.
Dear Director-General Ghebreyesus and to each and every decision maker:
This letter is urge you to act quickly to REJECT the amendment to Article 59 of the IHR that was adopted by the 75th World Health Assembly on May 27, 2022.
I stand with civil society and human rights defender organization (CSO) Interest of Justice (IOJ) and countless others in respectfully demanding you to formally REJECT the amendment to Article 59. See amendments verbiage as proposed: https://apps.who.int/gb/ebwha/pdf_files/WHA75/A75_18-en.pdf (page 12)
Articles 59 and 61 of the International Health Regulations clearly specify that amendments may be rejected within 18 months of formal notification of their adoption.
There are at least 10 clear reasons to reject the IHR Amendment to Article 59:
WHO and States have failed to respond to numerous protests sent by IOJ which asked for the reason why shortening the time is necessary. This means there is no verified reason for the amendment which is unnecessarily restrictive and limiting.
When voted upon, the amendment to Article 59 was rushed in a way that denied Member States, IOJ and the entire international community due process. (See letter From IoJ never responded to or disputed) Sent May 8, 2022 To Xavier Beccara, "The amendments you sent the WHO are manifestly illegal to vote on May 22-28, 2022 because you announced them on April 12, 2022 with no real publicity to make people aware, and all people worldwide have the right to participate in health policy creation and implementation as part of universal right to health. This is very problematic because you know, or should know that Federal law gives you 60 days to respond. People need time to learn of these amendments, draft their questions or protests, write you, receive a response and be able to protest or agree in order to give the public due process."… "You did not give enough time for meaningful participation or due process, therefore any vote you make on May 22-28, 2022 in regards to your proposed amendments will obviously be absolutely null and void for violating human rights to heath, to participate and due process
Prior to the vote to amend Article 59 IOJ sent HHS OGA and Secretary Beccara the following un-rebutted presumption that the amendment of Article 59 will cause denial of due process if not REJECTED : (See letter From IoJ never responded to or disputed) Sent May 8, 2022 To Xavier Beccara, “As far as the amendment to Article 59 please be advised that 6 months for a state to disagree with an amendment to IHR is far too short because it places an undue burden upon member states. This short time frame to reject the amendment also unduly burdens us marginalized stakeholder's who will be unable to sue and resolve any contentious matters within 6 months. 18 months is barely enough time. WHY would anyone want to make this amendment to shorten 18 months to 6 months to reject an amendment, which would unfairly entrap member states who were still in a state of due process? We filed a case in our Costa Rican contentious administrative court and it still has not even commenced. Our system is slow and Costa Rica requires the original agreed upon time frame of 18 months. This particular amendment (Article 59: Entry into force; period for rejection or reservations) is outrageous and unreasonable because it will cause undue burdens on civil society groups, protestors, member states and will absolutely result in a denial of due process by creating an excessive burden on Member States by NOT allowing the promise of dedicated time to allow for discussions on strengthening of the IHR (2005). The previous presumptions sent by IOJ to HHS OGA, WHO and Member States on May 8, 2022 and notably are still not rebutted. Therefore, the point is made that shortening the time will lead to more non responses and more denials of due process, because due process means ample time is required for notice and ability to respond that the amendment cuts out.
The amendment was submitted in violation of Article 55 of the International Health Regulations and are therefore procedurally invalid. When the original package of amendments submitted by the Biden administration was rejected, they then submitted a second, smaller and DIFFERENT package of amendments in violation of Article 55 of the IHR on May 24, 2022: https://apps.who.int/gb/ebwha/pdf_files/WHA75/A75_ACONF7-en.pdf
The submission of these proposed amendments by the Biden administration was in clear violation of Article 55, Section 2 of the International Health Regulations which states: “The text of any 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.”
The International Health Regulations: https://iris.who.int/bitstream/handle/10665/246107/9789241580496-eng.pdf
The version of the amendments to the International Health Regulations that were adopted on May 27, 2022: https://apps.who.int/gb/ebwha/pdf_files/WHA75/A75_ACONF7Rev1-en.pdf
The amended Articles to the IHR, as they will be if they are not rejected by December 1, 2023. https://apps.who.int/gb/ebwha/pdf_files/WHA75/A75_R12-en.pdf
To my knowledge, none of this information has been published in the Federal Register
Members of the House and the Senate have not been properly informed of these details by the Biden administration as far as I am aware.
The amendment to Article 59 serves no legitimate health-related purpose. It will not improve the health or safety of people.
The amendment is disproportionate and unnecessary, obviously leaving States vulnerable to rushed binding obligations.
See IHR INVALIDITY REPORTS which must be rebutted point by point to justify the refusal to reject the invalid IHR Amendment to Article 59 at: www.TheOversightCommittee.org/reports
The amendment will prejudice rights of meaningful participation from relevant CSO’s, youth and other interested and or marginalized stakeholders.
See video recording of the amendments being adopted: https://youtu.be/M393lvg1650