May 23, 2005

STATEMENT FOR THE RECORD
BY THE GOVERNMENT OF THE UNITED STATES OF AMERICA

CONCERNING THE WORLD HEALTH ORGANIZATION’S
REVISED INTERNATIONAL HEALTH REGULATIONS

Delivered by David Hohman
Member of the U.S. Delegation to the World Health Assembly (WHA)

The United States agrees with other Member States that the current International Health Regulations (IHRs) are insufficient in view of today’s rapid, high-volume international migration, emerging infections, and threats of terrorism. Accordingly, the United States has participated actively in the Intergovernmental Working Group (IGWG) and in sub-regional and regional meetings. The United States believes that the revised IHRs will provide an effective mechanism to respond to new global public health threats in a manner that is consistent with the principles embodied in Article 3. We attach particular importance to the universal application of the IHRs for the protection of all people of the world from the international spread of disease. The United States is pleased with the work of the IGWG and the cooperation and flexibility of negotiating partners and fully supports the adoption of the text of the revised IHRs that was approved by the Working Group on May 14.

The United States, however, has several concerns regarding the final text of the revised IHRs. Therefore, the United States makes this statement regarding the concerns set forth below and, at the appropriate time, will submit formal understandings and a reservation in relation to these concerns.

INTENTIONAL RELEASE / CHEMICAL, BIOLOGICAL, AND RADIOLOGICAL MATERIALS

Throughout the revision process of the IHRs, the United States has taken the position that the new IHRs must reflect the real threats to international public health in the 21st century. Among the most serious of those threats is the accidental or deliberate release of biological, chemical and radiological materials. One of the reasons proposed by the WHO for revising the IHRs was to address these new threats to public health.

The United States is pleased that all States Parties to the revised IHRs will be obligated to notify events that involve the accidental or deliberate release of biological, chemical and radiological materials that may have the potential to cause Public Health Emergencies of International Concern and that the WHO Director-General may declare Public Health Emergencies of International Concern regardless of the source or origin of the event. We note that Article 7 of the revised IHRs specifically requires a State Party to provide to WHO any evidence it has of an “unexpected or unusual public health event within its territory irrespective of origin or source, which may constitute a Public Health Emergency of International Concern.” The deliberate or accidental release of biological, chemical and radiological materials within the territory of a State Party would certainly constitute an “unexpected or unusual event . . . irrespective of origin or source.” Moreover, the World Health Assembly has explicitly acknowledged a role for WHO in this area, most notably in World Health Assembly Resolution 55.16 (“Global public health response to natural occurrence, accidental release or deliberate use of biological and chemical agents or radionculear material that affect health”), which was adopted by consensus in 2002. Thus the United States will apply the revised IHRs with the understanding that the regulations apply to all such health threats—chemical, biological, and radiological--and all causes and modes of events -- regardless of whether they are naturally occurring, accidental, or deliberate-- and we expect all other Member States of the WHO to do the same. The United States expects to submit a formal understanding to that effect at the appropriate time.

NATIONAL SECURITY

The United States sought a provision within the IHRs that would have explicitly allowed States Parties, in rare cases, to take into account national security requirements as they apply the IHRs to their Armed Forces. Although the IGWG did not adopt this explicit provision, the United States understands that the IHRs – a public health instrument – are not intended to compromise the national security of States Parties. Therefore we will implement these IHRs as they apply to armed forces with that understanding. The United States expects to submit a formal understanding to that effect at the appropriate time.

FEDERALISM

For the record, the United States sought a provision that would explicitly recognize the right of federal states to implement the IHRs in a manner that is consistent with the division of rights and responsibilities existing in their constitutionally mandated systems of government. Unfortunately, the IGWG did not accept this straightforward request.

Accordingly, the United States will submit a narrowly tailored reservation in accordance with Article 62 of the IHRs that will clarify that the United States will implement the IHRs in a manner consistent with our federal system of government.

The United States also states for the record of this meeting that with respect to the United States, the Federal government will implement the IHRs to the extent it exercises jurisdiction over the matters covered therein. Otherwise, our state and local governments will implement them. To the extent that state and local governments in the United States exercise jurisdiction over such matters, the Federal Government will take measures appropriate to our Federal system to facilitate the implementation of these Regulations.