Central health management getting closer. New draft "anti-pandemic treaty"

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· The World Health Organisation has published another draft of the so-called 'Anti-Pandemic Treaty', which is intended to be the organisation's primary tool for countering the international spread of infectious diseases.

· The treaty has been widely commented on because of its proposed wording, including the transfer of powers to the WHO to centrally manage health policy. 

· New amendments include, among others, the addition of a definition of 'party', whereby it can be more than just a state, and a proposal to create a permanent funding mechanism for treaty solutions.

· Another meeting of the Intergovernmental Negotiating Body coordinating work on the treaty also began today.

· The Ordo Iuris Institute is monitoring the work, continuously analysing the successive presented wordings of the document and participating in public consultations.

A new draft of this international agreement has been released on the website of the Intergovernmental Negotiating Body (INB), with some significant changes. The draft is the result of two INB meetings, held consecutively in a hybrid format (in-person and online) on 4-6 September and 22 September this year. Work on the treaty is taking place concurrently with the preparation of amendments to the International Health Regulations, the WHO's regulation of the prevention, detection and prevention of the international spread of infectious diseases, which together are intended to be the main tools for conducting health policy in the transnational area.

Work on the treaty to date has generated discussions that have focused primarily on the proposal to give the WHO a central role in global health governance, while possibly limiting the competences of member states in this regard. According to previous amendments tabled in June of this year, the WHO Director-General would be given the authority to declare pandemic status on his or her own, which could result in serious consequences for the economies of individual countries, among others. Doubts have also been raised about the provisions under which treaty signatory states undertake to combat 'false' information related to the spread of infectious diseases. Bearing in mind the experience of the COVID-19 pandemic, such proposals have raised natural concerns from the point of view of fundamental rights and civil liberties, on the grounds that, if wrongly designed, they could result in restrictions on freedom of expression.

Earlier, the Polish Ministry of Health announced its official position in relation to the negotiations on the text of the so-called pandemic treaty.

"The Polish side's position is that the future so-called pandemic treaty should be a document that is as concise and operational as possible, focusing on the most important issues for global health security, including, above all, addressing the areas most relevant to the fight against pandemics, not infringing on the sovereignty of states and leaving a wide margin for decision to member states. The final document should, in the first instance, be acceptable to and implementable by the vast majority of WHO member states" - emphasised the MZ.

- As the Polish delegates rightly pointed out, international cooperation in addressing public health threats must not, at the same time, infringe on the sovereignty of Member States. Both Poland and the other signatory states of the document should have the decision-making power to shape their own health policies, cooperating at the international level to the extent that will enable more effective implementation of the objectives and countering the threat. However, it is essential that the agreement takes into account the multifaceted diversity of member states, as well as respect for fundamental rights and civil liberties, pointed out Patryk Ignaszczak, an analyst at the Ordo Iuris International Law Centre.

On 6 November, the next INB meeting began. It will last until 10 November.The Ordo Iuris Institute will soon publish a broader analysis of the next draft treaty.

INB dossier page

WHO | Intergovernmental Negotiating Body

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