May 17, 2024

World Health Organization
H.E. Dr. Tedros Adhanom Ghebreyesus
Office of the Director General
Avenue Appia 20
1211 Geneva, Switzerland

Dear Dr. Tedros, Director-General of the World Health Organization,

We write to express profound concern over the WHO’s handling of amendments to the International Health Regulations (IHR) and the drafting of the pandemic treaty.

As Director-General of the WHO, you represent the ideals of the United Nations, including “establish[ing] conditions under which justice and respect for [treaty obligations] and other sources of international law can be maintained.”^[1] The global pursuit of peace and human rights is anchored in the rule of law and, indeed, without the rule of law, tyranny and oppression prevail.

It is thus imperative that you honor existing treaties and international laws yourself.

Article 55(2) of the IHR mandates that the text of any proposed amendment be communicated at least four months before the Health Assembly where it will be considered.^[2] Claiming that the dissemination of an initial draft in February 2023 meets this requirement, despite ongoing negotiations, is absurd. Equally unreasonable is the assertion that this requirement applies only to the Director General and Member States, not the working group they appointed, when the Article makes no such distinction. Both arguments show a blatant disregard for both the spirit and the letter of the law.^[3]

The World Health Assembly (WHA) Rules of Procedure numbers 8, 10, 11, & 15 also prohibit rushing agreements without due diligence.^[4] Additionally, Rule 14’s requirement for full disclosure of all obligations, including financial obligations, has been grossly violated, with crucial details deferred until some future time.^[5] This essentially forces Member States to sign a blank check.

Moreover, the hasty adoption of multiple instruments with overlapping technical, administrative, and financial requirements will inevitably lead to confusion and could seriously undermine global health efforts going forward. This underscores the critical need to adhere to the four-month minimum requirement.

Besides the concerns about timing and notification, the legitimacy of any agreement fundamentally relies on its adherence to the following fundamental principles of the rule of law:

1. Valid Voting Process: An authentic roll-call vote with a two-thirds majority present must be documented and available for verification.^[6] Without this proof any “agreement” is null and void.^[7]
2. Clear and Final Wording: The terms of any agreement must be explicitly defined within the document itself. It is unacceptable to use open-ended wording that defers crucial decisions to unaccountable committees.^[8]
3. Member-Led Negotiations: The bureau’s role should be solely to facilitate discussions, not dictate outcomes. Negotiations must be transparent and inclusive, accommodating the capacities of all delegations, especially those from smaller countries. Ad-hoc, concurrent negotiations without proper notice or translation violate the principles of international law. ^[9]

Using potential pandemics as a pretext to violate the principles of good governance erodes trust and undermines international cooperation when it is most needed.

Proceeding with the adoption of new amendments to the IHR or the proposed pandemic treaty at the upcoming 77th World Health Assembly would be contrary to law. Should you proceed, any resulting agreement will immediately be null and void. Conversely, following these basic principles of good governance will demonstrate the WHO’s commitment to global health and the rule of law.

Sincerely,

Christopher H. Smith
Chairman
House Foreign Affairs Subcommittee
on Global Health, Global Human Rights,
and International Organizations

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