DOH slammed for ignorance of deadline in WHO charter amendments

MANILA, Philippines — Lawmakers have scolded the Department of Health (DOH) for not knowing the deadline for the discussions on amendments to the World Health Organization (WHO) regulations, which supposedly include controversial changes in decision-making and disease prevention.

During the joint hearing of the House Committee on Public Order and Safety and the Committee on Human Rights on Tuesday, Santa Rosa City Rep. Dan Fernandez raised concerns regarding the 307 amendments to the International Health Regulations (IHR), on which discussions are slated to end by November 2023.

While several amendments are good, Fernandez claimed that certain details supposedly encroach on the countries’ sovereignty by making the IHR legally binding and not merely suggestive.

“I came across with amendments that (were) adopted in May 2022, and these are amendments that (were) initiated by WHO with regards to the International Health Regulation […] Because specifically in Article I, what was stated there in the [IHR], specifically it was stated non-binding.  But in their amendments, 307 amendments, in Article I, they placed in their proposal — which was adopted — is already binding,” Fernandez said.

“So they made 307 amendments, and when I read this, I was quite shocked; that’s why I wanted to find out with the DOH and the WHO representative if these amendments are allowed,” he added.

Health Undersecretary Lilibeth David confirmed that there are proposals to amend the IHR, but she quickly noted that these are still proposals and have not been enacted.

“Mr. Chair, you are right. The [IHR], which started in 2005, has been ratified by the Philippines […] so the World Health Assembly is in the process of working with countries, and for the Philippines, we’re represented by the [DOH] and by the Department of Foreign Affairs.  But the provisions you mentioned, Mr. Chair, are still just proposals,” David said.

Fernandez, chair of the committee on public order and safety, quickly dismissed David’s assertions, saying that the proposals were adopted as early as May 2022.

When Fernandez asked DOH if they knew about the proposed amendments to the IHR, the health officials said they knew about it.  However, the DOH officials present maintained that there would be some more meetings by December, prompting Fernandez to lament that by that time, the amendments had been approved already.

“Now, from May 2022 to November, that is the period of amendments where we can object on this non-binding to binding is up to November 30, seven days from now.  Without action from our representative, who I don’t know who, unelected, unaccountable, unknown, will be discussing this amendment and ratify it in May 2024.  We have to be clarified, this is very crucial,” Fernandez said.

“So, Mr. Chair, the current provisions for the amendment of the [IHR] is now being discussed sequentially. The next meeting will be on December 3 this year,” David said.

“That would be over by then; November 30 will be the 18th month that the period of amendments (will) be expiring,” Fernandez replied.

Eventually, the DOH representatives admitted to Pasig Rep. Roman Romulo that they were unaware of the deadline.

“Mr. Chair, so that we are focused, maybe the DOH could tell us, first, are they aware that there is a deadline?  Second, who from the DOH and the DFA, specific persons, let us ask them to come here because you said there are seven days left. They answered that there would be a meeting by December, so someone is not doing his or her job,” Romulo said.

“Mr. Chair, we’re not aware of the November 30 deadline. We all know that there will be a meeting on December 3, and the approval is by May (2024),” David replied.

Upon further prodding from Romulo, David assured the lawmakers that they would coordinate with the lawmakers’ offices to formulate a proper response to the amendments, considering that the deadline would be less than two weeks from Tuesday.

The IHR

According to the WHO, the IHR was formed in 2005 to “provide an overarching legal framework that defines countries’ rights and obligations in handling public health events and emergencies that have the potential to cross borders.”

In a separate post on their webpage, WHO said member-states agreed to eventually amend the IHR by building on the lessons “learned from the various review panels that examined the functioning of the IHR and the global health security architecture during the COVID-19 pandemic”.

But Fernandez mentioned several alleged provisions in the proposed amendments which may affect a country’s sovereignty:

• Making the IHR legally binding, directing countries to follow the WHO decision
• Amendments on risk factor where potential risks can be declared as epidemics or pandemics already
• Centralization of key decisions to the incumbent WHO director-generals, removing state parties from determination
• Removal of the words ‘with full respect for the dignity, human rights, and fundamental freedom of persons’ from the phrase ‘the implementation of these rules shall be based on the principles of equity, inclusivity
• Creation of digital passenger locator forms, which may infringe on privacy
• Conversion of recommendations to legally binding orders, no longer advisory

INQUIRER.net has tried to contact WHO’s office in the Philippines for comment, but an officer said their communications team was in a meeting.  WHO asked INQUIRER.net to send an e-mail message instead, but they have not responded as of posting time.

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