LEGAL CAPACITY FOR
STATES-PARTIES
INTERNATIONAL
TO
HEALTH THE IHR (2005)
REGULATIONS
(2005) -
STATE PARTY
PROVISIONS &
GOVERNANCE
The Intergovernmental
Working Group (IGWG)
• Months of meetings & workshops
before & between negotiating sessions
• Negotiating sessions: Nov. 2004 &
February - May 2005
• Location: Palais des Nations & WHO HQ, Geneva
• Over 500 participants in 155 national delegations
registered
• Final agreement at 0430 AM just before Health Assembly
• Adopted by Health Assembly - 23 May 2005
Constitutional Basis for the IHR
Article 21 of the WHO Constitution:
The Health Assembly shall have the
authority to adopt regulations concerning:
(a) sanitary and quarantine requirements and other procedures
designed to prevent the int'l spread of disease;
Article 22 further provides:
Regulations adopted pursuant to Article 21 shall come into force for
all Members after due notice has been given of their adoption by the
Health Assembly except for such Members as may notify the
Director-General of rejection or reservations within the period stated
in the notice.
Key Points
• States Parties: Overall rights and responsibilities for
fulfilling IHR (2005) obligations, including domestic
implementation
• Broad participation by all States Parties is key to
benefits for all
• Federalism or Cross-jurisdictional implementation
issues:
– A common issue in international legal agreements
– Participation of multiple governmental levels/entities in
fulfilling IHR objectives and requirements discussed during
negotiations
– Draft texts on a “federalism” article proposed during
negotiations but ultimately rejected by IGWG of Member
States
IHR (2005): Sub-national Entities
• National IHR Focal Point. National centre of the SP, available
at all times for communications with WHO IHR Contact Points:
(i) Sending to WHO urgent communications, including Arts. 6-12;
(ii) Disseminating information and consolidating info from relevant
governmental sectors, e.g. surveillance/response, POE, PH
services, clinics/hospitals;
(iii) Performing additional functions as determined by SP (Art 4)
• Responsible authorities. Article 4 generally, including
designation of "authorities responsible within its respective
jurisdiction for the implementation of health measures" under
IHR (4)
• Competent authority: "[a]n authority responsible for the
implementation of health measures under these Regulations"
(Art. 1 Definition; many arts.)
States Parties: Obligations-
Recommendations-Authorizations
• Operations: surveillance, assessment & response
• Core capacity development: surveillance, assessment, response,
Points of Entry
• Notification and reporting to WHO; verification in response to WHO
inquiries; Other communications with WHO on IHR-related issues
(including NFPs)
• Application of health measures usually at or near Points of Entry and
to international travellers, conveyances, cargo
• Provision of services, facilities and capacities usually at or near
Points of Entry concerning travellers, conveyances, cargo etc.
• Implementing restrictions/protections in IHR (2005): Treatment of
travelers, charges for health/sanitary measures,
timeliness/transparency of health measures, implementation of
additional measures etc.
• Other: E.g. Requirements for yellow fever vaccines / model
certificates
SP: Legal & Administrative
Adjustments
• If SP unable to adjust “domestic legislative and
arrangements fully” with the revised IHR (2005)
by entry into force, it may submit a declaration to
the DG on outstanding adjustments and achieve
them within 12 months of entry into force (Art.
59.3)
– Notes and questions
• States Parties collaborate in “the formulation of
proposed laws and other legal and administrative
provisions” for implementation (Art. 44.1(d))
Resolutions
• Health Assembly has urged States Parties:
– to take all appropriate measures pending entry into
force to further purpose and implementation of IHR,
including development of PH capacities, legal and
administrative provisions, and use of decision
instrument (WHA58.3 (2005))
– to initiate process for identifying/addressing
administrative and legal constraints for timely
implementation of the Regulations with a view to
promoting intersectoral participation (WHA59.2 (2006))
Implementation of IHR
(2005):Key Dates
• Deadline for reservations, rejections, notices of
legal/administrative adjustments: 15 December 2006
• Entry into force generally: 15 June 2007
– Potential delay if sufficient objections to a reservation
• Period expires for legal/admin adjustment: 15 June 2008
(or 12 months from entry into force for SP)
• Development of core public health capacities (Annex 1)
– 15 June 2012 (with extensions 2014 / 2016)