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LEGAL CAPACITY FOR STATES-PARTIES TO THE IHR (2005)

LEGAL CAPACITY FOR STATES-PARTIES TO THE IHR (2005). INTERNATIONAL HEALTH REGULATIONS (2005) - STATE PARTY PROVISIONS & GOVERNANCE. The Intergovernmental Working Group (IGWG).

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LEGAL CAPACITY FOR STATES-PARTIES TO THE IHR (2005)

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  1. LEGAL CAPACITY FOR STATES-PARTIES TO THE IHR (2005) INTERNATIONAL HEALTH REGULATIONS (2005) - STATE PARTY PROVISIONS & GOVERNANCE

  2. 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

  3. 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.

  4. 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

  5. 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.)

  6. 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

  7. 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))

  8. 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 constraintsfor timely implementation of the Regulations with a view to promotingintersectoral participation (WHA59.2 (2006))

  9. 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)

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