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The World Health Assembly (‘WHA’) is the decision-making body of the World Health Organisation ('WHO').

Delegations from all 194 WHO Member States attend to focus on specific health agendas prepared by the Executive Board of the WHO. Dr Mike Ryan is an executive director and will be a familiar face following the declaration of the pandemic in March 2020 and his subsequent rise to mainstream popularity.

The main function of the WHA is to determine the policies of the Organisation, appoint the Director-General, supervise financial policies, and review and approve the proposed programme budget. The WHA is held annually in Geneva, Switzerland.

The WHA adopted a decision on 1st December 2021 (‘adopted decision’) titled ‘The World Together: Establishment of an intergovernmental negotiating body to strengthen pandemic prevention, preparedness and response’ that established an Intergovernmental Negotiating Body (‘INB’) under Rule 41 of its Rules and Procedures.

The INB held its first meeting on 24th February 2022 and is comprised of representatives from Brazil (Tovar da Silva Nunes), Egypt (Ahmed Soliman), Japan (Kazuho Taguchi), Netherlands (Roland Driece), South Africa (Precious Matsoso), and Thailand (Viroj Tangcharoensathien). The two co-chairs of the INB are Roland Driece (Netherlands) and Precious Matsoso (South Africa).

Under Paragraph 1(1) of the adopted decision the INB will ‘draft and negotiate a World Health Organisation ('WHO'), agreement or other international instrument on pandemic prevention and response with a view to adoption under Article 19, or under other provisions of the WHO constitution as may be deemed appropriate…’

Under Paragraph 1(3) of the adopted decision, the INB shall identify the ‘substantive elements of the instrument’ no later than the second meeting scheduled to take place before 1st August 2022. The INB will therefore make a critical decision on whether to proceed with an agreement under Article 19 (Treaty), Article 21(Regulation) or Article 23 (Recommendation) of the World Health Organisation’s (‘WHO’) Constitution; adopted on 15th February 1946, at its second meeting. The INB is to submit a progress report to the 76th WHA in May 2023 and its outcome to the 77th WHA in May 2024, for consideration.

Any agreement under Article 19 or Article 21 of the WHO’s Constitution shall have the potential effect of suspending, as a matter of law, Article 6 (1) and (2) of the Irish Constitution during any period that a particular event is defined as constituting a 'public health emergency of international concern'

Under Article 6 of the Irish Constitution: 

(1) All powers of government, legislative, executive and judicial, derive, under God, from the people, whose right it is to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good.

(2) These powers of government are exercisable only by or on the authority of the organs of State established by this Constitution.

The historical significance of a WHA agreement (or other international instrument) on pandemic prevention and response should be officially recognised. There has only been one other WHA ratified Treaty since the WHO's formation on 7th April 1948. The WHO Framework Convention on Tobacco Control (WHO FCTC) was the first international treaty negotiated under the auspices of WHO. It was adopted by the World Health Assembly on 21 May 2003 and entered into force on 27 February 2005. It dealt with such issues as Protection from exposure to tobacco smoke, Regulation of the contents of tobacco products, Regulation of tobacco product disclosures, Packaging and labelling of tobacco products, Education, communication, training and public awareness, Tobacco advertising, promotion and sponsorship and, Demand reduction measures concerning tobacco dependence and cessation.

In response to a Parliamentary Question Number 397 raised by Roisin Shortall TD on 10th March 2022, the Minister for Health in Written Answer states that "Ireland supports the WHO led process to negotiate a binding legal instrument on pandemic preparedness and response".

The Irish People have not been asked to vote by Referendum on the question of whether they ‘support’ a ‘binding legal instrument on pandemic preparedness and response’ under Article 19 (Treaty) or Article 21 (Regulation) of the WHO Constitution. The Minister for Health and Official delegates (to date the delegates have not been published) to the WHA from the Department of Health ('Official delegates') should make clear to the INB that Ireland can only agree to an Article 23 (Recommendation) agreement in the absence of a People’s Referendum under Article 6 of the Irish Constitution.

The people must demand that the Minister for Health and Official delegates notify the INB by formal record, prior to its second meeting, that Ireland CANNOT agree to a WHO measure (i.e. a legally binding treaty) without holding a People’s Referendum.

The Minister for Health and Official delegates have a duty to fully engage with the INB to ensure that any proposed Treaty does not undermine respect for human rights and the rule of law.

The Minister for Health and Official delegates should also keep the public informed of any public hearings due to take place by the INB Working Group prior to 1st August 2022 to ensure citizen participation, as outlined by the Director-General of the World Health Organisation in his address at the first INB meeting.

The State is under a public duty to ensure accountability, openness, transparency and citizen participation throughout the entire process of any INB negotiated treaty. In particular; citizens have the right to be publicly consulted during the drafting stage.

Ireland’s future Sovereignty and the people's right under Article 6(1) of the Irish Constitution to designate the rulers of the State and, in final appeal, to decide all questions of national policy, according to the requirements of the common good, is at stake. The State must protect it, as best it may from unjust attack.

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UPDATE

At the 75th WHA on 27th May 2022 the WHO adopted Agenda item 16.2 amendments to Article 59, and the consequent updates to Articles 55, 61, 62, and 63 of the International Health Regulations (1HR) 2005 which reduces the time for future amendments to come into force from 24 to 12 months and reduces the timeline to reject or make reservations from 18 months to 10 months. 

At the 75th WHA Member States of the WHO agreed, through Executive Board Decision 150(3) (2022) and World Health Assembly Decision WHA75(9) (2022), to embark on a process to amend the current International Health Regulations (2005) (IHR).

There are 307 proposed amendments to the International Health Regulations.