INB process
WHO/J. Osei
©
Credits
In December 2021, WHO’s Member States decided at a Special Session of the World Health Assembly to establish an intergovernmental negotiating body (INB), representing all regions of the world, to draft and negotiate a WHO convention, agreement, or other international instrument on pandemic prevention, preparedness and response (hereafter referred to as the WHO CA+).
Below is a summary explanation of the various stages of the INB process to date.
Next stages in the INB process
Meeting of the INB drafting group (September 2023)
The resumed session of the fifth meeting of the INB and Drafting Group
The Seventy-sixth World Health Assembly
Next stages in the INB process
The INB continues to be guided by the timeline set out in document A/INB/3/4, notably the submission of its final outcome to the Seventy-seventh World Health Assembly, in May 2024. The INB will further discuss modalities for its work at its upcoming meetings.
Meeting of the INB drafting group (September 2023)
The INB met, in a Drafting Group modality, on 4-6 September 2023.
As decided by the INB, the September 2023 Drafting Group meeting included informal meetings on selected articles of the Bureau’s text: Article 4 (Pandemic prevention and public health surveillance) and Article 5 of the INB Bureau’s text (Strengthening pandemic prevention and preparedness through a One Health approach) (jointly) co-facilitated by India, United Republic of Tanzania and the United Kingdom; Article 9 (Research and development) co-facilitated by Mexico and Norway; Article 11 (Co-development and transfer of technology and know-how) co-facilitated by Colombia, the Philippines and Saudi Arabia; Article 12 (Access and benefit-sharing) co-facilitated by Australia and Ethiopia; and Article 13 (Supply chain and logistics) co-facilitated by Indonesia and Pakistan. The co-facilitators of the informals reported to the INB on progress. The INB will hold additional co-facilitated informal meetings of the drafting group on Articles 4 and 5 (jointly), 11 and 12 by 22 September 2023, which may involve relevant experts, in consultation with the relevant co-facilitators. The INB Drafting Group will resume its work on 22 September 2023 to take stock of progress achieved through these informal meetings.
The INB Bureau will develop and circulate to the INB for its consideration a proposal for negotiating text of the WHO CA+ by 16 October 2023, based on the discussions of the INB from its fourth, fifth, and sixth meetings, as well as the meeting of the Drafting Group, including its informal meetings, and the reports of the co-facilitators of those informal meetings.
The Bureau will continue to consult with the co-facilitators, as appropriate. It was agreed that the proposal for negotiating text would be without prejudice to the right of any Member State to present textual proposals and to the status of the compilation document.
It was decided that the seventh meeting of the INB will take place from 6-10 November and will resume from 4-6 December 2023, to allow the presentation and consideration of the negotiating text of the WHO CA+.
The sixth meeting of the INB
The sixth meeting of the INB (INB6) was held from 17–21 July 2023 and the Drafting Group completed its review of the of the Bureau’s text.
In the lead-up to INB6, intersessional informal meetings were held on Article 9 of the Bureau’s text (research and development) facilitated by Mexico and Norway, Article 12 (access and benefit-sharing) facilitated by Australia and Ethiopia, and Article 13 (supply chain and logistics) facilitated by Indonesia and Pakistan.
At the sixth Meeting of the INB, the Drafting Group considered the remaining articles of the Bureau’s text. The INB agreed to continue intersessional informal meetings on Articles 9, 12 and 13 for Drafting Group participants, including during the meeting of the INB Drafting Group on 4-6 September 2023. In addition, the INB decided that Articles 4 and 5 – to be jointly co-facilitated by India, United Republic of Tanzania and the United Kingdom, and Article 11 – to be co-facilitated by Colombia, the Philippines and Saudi Arabia - should be discussed further in informal meetings.
A joint plenary session of the INB and the Working Group on Amendments to the International Health Regulations (WGIHR) was held on the afternoon of 21 July and morning of 24 July 2023 to move further towards coherence and complementarity between the two instruments.
Participation and broadcast
The INB started its work in a plenary meeting, held in open session, which was open to WHO Member States, Associate Members and regional economic integration organizations, as well all relevant stakeholders (as agreed by the INB, set out in document A/INB/6/2). The INB then continued its consideration of the Bureau’s text in a “Drafting Group”, with attendance limited to WHO Member States, Associate Members, regional economic integration organizations, and the observer delegations of the Holy See and Palestine.
A procedural report was discussed on 21 July (in a plenary meeting) and subsequently posted on the governing bodies section of the WHO website. The plenary sessions of the INB6 were webcast on the WHO website and remain available for viewing.
The resumed session of the fifth meeting of the INB and Drafting Group
The fifth meeting of the INB (INB5), as well as the Drafting Group of the INB, met in a resumed session from 12-16 June 2023 to consider the Bureau’s text of the WHO CA+. The INB Bureau held an informational briefing ahead of this meeting with Member States and relevant stakeholders on 5 June 2023.
The Drafting Group exchanged views on selected articles and agreed to continue consideration of several of these articles through informal meetings of the Drafting Group. As a pilot, informal meetings on Article 9 (Research and development) of the Bureau’s text were held twice on the sidelines of the Drafting Group meeting.
The INB agreed to a series of intersessional informal meetings for Drafting Group participants in advance of the sixth meeting of the INB:
Participation and broadcast
The INB started its work in a plenary meeting, held in open session, which was open to WHO Member States, Associate Members and regional economic integration organizations, as appropriate, as well all relevant stakeholders (as agreed by the INB, set out in document A/INB/5/4). The INB invited relevant stakeholders to provide their views during the first day of the meeting, in line with the Method of Work agreed by Member States. The INB then continued its consideration of the proposals in a “Drafting Group”, with attendance limited to WHO Member States, Associate Members, regional economic integration organizations, and the observer delegations of the Holy See and Palestine.
The plenary of the resumed INB5 was webcast on the WHO website and remains available for viewing. A procedural report was discussed on the last day (in a plenary meeting, which was also webcast) and subsequently posted on the governing bodies section of the WHO website.
The Bureau’s text
An advance English version of the Bureau’s text was circulated to Member States on 22 May 2023 and, in the spirit of continued transparency in the work of the INB, it was published online on 2 June 2023 in all WHO official languages.
Relevant stakeholders had an opportunity to take part in a dedicated briefing held on 5 June 2023 together with Member States.
Development
The Bureau’s text was prepared by the INB Bureau with the support of the WHO Secretariat, based on the ZD and the compilation of all submissions received and included in the compilation document. It includes options where feasible, based on all submissions received and included in the compilation document, in order to facilitate the work of the Drafting Group.
The Bureau’s text is available in all of the WHO official languages (Arabic, Chinese, English, French, Russian and Spanish).
The Seventy-Sixth World Health Assembly
During the Seventy-Sixth World Health Assembly, the progress report of the INB was presented to the WHA.
Fourth and fifth meetings of the INB
The fourth meeting of the INB (INB4) took place on 27 February-3 March 2023, and the fifth meeting of the INB (INB5) was held on 2-6 April 2023. The INB4 and INB5 formed an integrated set of meetings focusing on reviewing the Zero Draft (ZD) of the WHO CA+. The INB reviewed in detail the ZD and provided additional textual proposals.
During INB5, it was agreed that the INB Bureau should provide the Drafting Group with a compilation reflecting all the inputs received during INB4 and INB5, as well as written textual proposals received until 22 April 2023. Additionally, the INB Bureau was asked to provide, for consideration of the drafting group, a Bureau’s text, including options where feasible, based on all submissions received and included in the compilation document, in order to facilitate the work of the drafting group, on the continued understanding that nothing is agreed until everything is agreed.
It was also decided to explore the possibility of holding a joint plenary with the Working Group on Amendments to the International Health Regulations (2005) (WGIHR). In preparation for this important plenary meeting, an informal Member States meeting was held on 5 June 2023 in the presence of relevant stakeholders.
Participation and broadcast
Both the INB4 and the INB5 adopted similar approaches. On the first day of each meeting of the INB, a plenary was held, which was open to all Member States and relevant stakeholders (as agreed by the INB, set out in document A/INB/3/5), and it was webcast. Subsequently, the INB entered its “Drafting Group” modality, which, as agreed by the INB, is reserved for Member States, Associate Members, regional economic integration organizations, as appropriate, and the observer delegations of Palestine and the Holy See. At the end of each meeting, the INB held a plenary session, which was webcast, to discuss the report of the meeting.
Specifically, during INB4, the relevant stakeholders were invited to provide their inputs/comments on the ZD.
All relevant documents of the INB4 and the INB5 are available on the governing bodies section of the WHO website.
Before the start of the INB4, all relevant documents will be made available on the governing bodies section of the WHO website.
Zero Draft
An advance English version of the Zero Daft was circulated to Member States on 31 January and to others on 1 February 2023. The translated versions – in all other WHO official languages- were made available shortly thereafter.
Relevant stakeholders had an opportunity to provide their inputs on the ZD during a dedicated briefing held on 15 February 2023 in the presence of Member States.
Similarly to the CZD, the ZD is structured with a preamble, vision, and then eight chapters, with 38 articles in total across those chapters. Topics covered include equity, strengthening and sustaining capacities, coordination, collaboration, and cooperation, and financing for pandemic prevention, preparedness, response and recovery of health systems, in addition to institutional arrangements.
Development
The Zero Draft was prepared by the INB Bureau with the support of the WHO Secretariat, based on the CZD and input received during the third meeting of the INB (INB3).
The Zero Draft is available in all of the WHO official languages (Arabic, Chinese, English, French, Russian and Spanish).
Third meeting of the INB
The third meeting of the INB (INB3) took place on 5-7 December 2022. At this meeting, the INB considered the Conceptual Zero Draft (CZD) of the WHO CA+, including its structure, and discussed the way forward for the INB negotiation process, including development of the Zero Draft of the instrument and establishment of drafting group modalities. The meeting participants agreed that the INB Bureau – with support from the WHO Secretariat – would prepare the Zero Daft, based on the CZD and input received during the third meeting of the INB (INB3), with legal provisions, for consideration by the INB at its fourth meeting, and as a proposed basis for commencing negotiations at the fourth meeting of the INB (INB4).
Participation and broadcast
The third meeting of the INB was open to all Member States and relevant stakeholders (as agreed by the INB, set out in document A/INB/3/5). In addition, the INB invited relevant stakeholders to provide their inputs on the CZD during the meeting.
The INB3 meeting was webcast on the WHO website and remains available for viewing. A report of the meeting is available.
Conceptual Zero Draft
The Conceptual Zero Draft (CZD) of the WHO CA+ presented a proposed structure of the elements for the future instrument. It was developed by the Bureau of the INB, in accordance with a request of the INB at its second meeting.
The CZD was intended to be a flexible, “living” document, and was presented as a “bridge” between the working draft presented at the second meeting of the INB and the future “zero” draft of the WHO CA+.
In that regard, the CZD was not an official / formal draft of the WHO CA+, was not itself the “zero” draft of the WHO CA+, and was not presented for “negotiation”, “agreement” or otherwise to be “approved” by WHO’s Member States.
The CZD is available in all of the WHO official languages (Arabic, Chinese, English, French, Russian and Spanish).
Development
The INB Bureau developed the CZD on the basis of the working draft presented at the Second meeting of the INB, and reflected:
- the inputs of interventions during the second meeting of the INB;
- written submissions from Member States and other relevant stakeholders of the INB;
- regional consultations held during or on the sidelines of the six WHO Regional Committees in 2022;
- outcomes from the second round of public hearings conducted by the WHO Secretariat; and
- outcomes from four informal, focused consultations held by the INB Bureau, including with input from technical and policy experts.
Second meeting of the INB
At the second meeting of the INB, held on 18-22 July 2022, it was agreed that the WHO CA+ should contain both legally binding and non-legally binding elements. At that same meeting, the INB identified that Article 19 of the WHO Constitution is the comprehensive provision under which the instrument should be adopted, without prejudice to also considering, as work progresses, the suitability of Article 21. This identification was made, mindful that the decision will be made by the World Health Assembly.
Article 19 of the WHO Constitution gives the World Health Assembly (comprised of WHO’s 194 Member States) forming the Health Assembly the authority to adopt conventions or agreements on any matter within WHO’s competence. Article 21 of the WHO Constitution gives the World Health Assembly the authority to adopt regulations concerning: (a) sanitary and quarantine requirements and other procedures designed to prevent the international spread of disease; (b) nomenclatures with respect to diseases, causes of death and public health practices; (c) standards with respect to diagnostic procedures for international use; (d) standards with respect to the safety, purity and potency of biological, pharmaceutical and similar products moving in international commerce; and (e) advertising and labelling of biological, pharmaceutical and similar products moving in international commerce. |
In support of the INB process, broad global consultation was sought from Member States and relevant stakeholders, experts and the wider public.