IOJ Rebuts WHO On Their Violation Of IHR Article 55 | No WHO, You Are Wrong... Or ARE THEY? FINAL PETITION TO STOP IHR AMENDMENTS! Sign WHO Legal Letter Of Liability & Proper Dispute
WHO ACTUALLY SAYS THEY GAVE THE STATES THE PROPOSALS OVER A YEAR AND A HALF AGO! DO THE TITLES OF THE 300+ IHR AMENDMENTS COUNT AS "ALL PROPOSALS FOR IHR AMENDMENTS"? Thats the question.
Jeeze Louise the IHR is written in a way that has some serious issues. The Member States and WHO can’t even figure out the way to know if the INTENT of IHR Article 55 is met. Let’s take action to stop IHR in total.
We are filing this as a lawsuit to ask a legal opinion - WE CAN ABSOLUTELY STILL STOP THE IHR AMENDMENTS!
First, we will show you the WHO’s rebuttal of all of our arguments that the IHR Amendments process, if agreed upon in WHA77, would violate Article 55 for being LATE.
Second, under WHO’s argument is IOJ’s FINAL argument and point by point rebuttal of WHO, which is in the following notice and demand.
Watch Article 55(2) Explainer Why WHO Is BUSTED by IOJ if they proceed!
Watch this 1 minute video to learn why IOJ is having to file this legal dispute to prevent illegal IHR Amendments that clearly violate Article 55(2), despite WHO’s spurious assertion to the contrary!
It helps to back us up, so please sign & share this far and wide, in support of this SERIOUS action against WHO wrongdoing. THIS WEEK IS WHA77 - Now is the time to take action to stop the WHO power grab. This is our best shot! Share this now to make a real difference!
PLEASE SIGN AND SHARE THIS CRITICAL LAST MINUTE PETITION DEMAND - Legal Dispute WHO MUST Settle by their own rules!
Hot off the press:
OUR LATEST & GREATEST PETITION TO STOP IHR AMENDMENTS:
Sign here: https://whowatch.org/illegal-ihr-amendments
URGENT Critical legal rebuttal
RE: Clear WHO misinterpretation of the spirit of IHR 55(1)(2) and notice of responsibility for reparations if WHO & Member States continue the vote under Agenda Item 13.3
This precise argument and action, taken now, can’t really fail. It is law. Watch. - IOJ
First: Verbatim, WHO’s full argument why IHR Amendments can still proceed
Was Article 55 of the IHR applied to the WGIHR process?
WHO: Yes. Provisions of Article 55 of the IHR, which set out who can propose amendments to the IHR, and when and how such proposals must be communicated to States Parties, have been met by the WHO Secretariat.
Article 55(1) of the IHR enables any State Party or the WHO Director-General to propose amendments to the IHR for consideration by the World Health Assembly. This has been applied to the WGIHR process.
Article 55(2) of the IHR further provides that the WHO Director-General shall communicate any proposed amendment to all States Parties at least four months before the World Health Assembly for consideration. This applies to any proposed IHR amendment submitted by a State Party or the WHO Director-General pursuant to Article 55(1).
In fulfilling the Article 55(2) requirement, the WHO Secretariat circulated all proposals for amendments to the IHR on 16 November 2022, some 17 months before the Seventy-seventh World Health Assembly, which begins on 27 May 2024, when they are proposed for consideration.
The World Health Assembly established the WGIHR, which operates as a subdivision of the Assembly and includes all 196 States Parties. As such, the WHO Secretariat has further exceeded the technical requirements of Article 55(2) by communicating not only the original 308 amendments, but also by communicating all proposed changes to these amendments developed by the WGIHR drafting group, to all 196 States Parties, after each WGIHR meeting.
These communications to all States Parties occurred at the conclusion of each WGHIR meeting.
In sum, both the letter and the spirit of Article 55(2) have been met.
The letter of the provision was fulfilled, again, by the communication of 16 November 2022. This was well in advance of the four-month requirement. This notice maximized the time available for all States Parties for domestic and international consideration and coordination.
The spirit of the provision, which is to ensure that all States Parties have adequate time to consider and coordinate domestically and internationally on the proposed amendments in the run up to the Assembly, has been met.
The package of proposed negotiated amendments will be submitted to the Seventy-seventh World Health Assembly in May 2024 for consideration, in accordance with Article 55 of the IHR. It is well established practice for the Health Assembly to work by consensus, although decision-making by vote is a legally available option.
Second: IoJ’s legal rebuttal to the WHO
Please sign the demand to send this legal rebuttal to WHO
To the WHO & Member States,
Provisions of Article 55 of the IHR, which sets out to whom can propose amendments to the IHR, and when and how such proposals must be communicated to States Parties, have absolutely not been met by the WHO Secretariat.
Article 55(1) of the IHR enables any State Party or the WHO Director-General to propose amendments to the IHR for consideration by the World Health Assembly. This has been applied to the WGIHR process.
The WHO is acting in bad faith insofar as the attempt to ask Member States to continue WGIHR negotiations on the proposed amendments. This bad faith is shown in the OMISSION of the KEY text in IHR 55(2), when WHO makes the following misguided argument, which could only be true if the KEY text is omitted, which is precisely what WHO did, omit the main part in order to make a false argument. WHO falsely claims: “Article 55(2) of the IHR further provides that the WHO Director-General shall communicate any proposed amendment to all States Parties at least four months before the World Health Assembly for consideration. This applies to any proposed IHR amendment submitted by a State Party or the WHO Director-General pursuant to Article 55(1).”
The reason WHO is acting in bad faith to continue is they are knowingly attempting to violate their own IHR procedural limits. The Article 55(2) intent is very clear, so WHO took out the main part in bad faith in order to rebut the thousands of petitions asking to enforce Article 55 and stop the IHR Amendments at WHA77 for being late. Article 55(2) states unequivocally that the TEXT of any proposed amendment (meaning the actual TEXT of all 300+ amendments for due process to review the CONTENT). Verbatim Article 55(2) is as follows: “THE TEXT of any proposed amendment shall be communicated to all States Parties by the Director-General at least four months before the Health Assembly at which it is proposed for consideration.” (CAP, italics & Bold added for emphasis)
In comparison, we can easily see the WHO OMITS the verbiage “THE TEXT of”, in order to purport “that the WHO Director-General shall communicate any proposed amendment to all States Parties at least four months before the World Health Assembly for consideration.
WHO added in the following line as an opinion which we dispute based on the text of IHR 55(2). “This applies to any proposed IHR amendment submitted by a State Party or the WHO Director-General pursuant to Article 55(1).”
It is not true that the WHO Director-General shall communicate any proposed amendment to all States Parties at least four months before the World Health Assembly for consideration. This applies to any proposed IHR amendment submitted by a State Party or the WHO Director-General pursuant to Article 55(1).”
The reason this is false is that in multilateral negotiations there are stages of the negotiation, and possible procedures attached to delineate the different stages. Under Article 55 we can see that the process is broken into a pre-negotiation stage of deciding the topics titles, which is all that can be accomplished under Article 55(1), the Amendments could be merely proposed, and listed for future text to be defined and agreed upon, and eventually voted upon in the WHA.
Under Article 55(2) we can clearly see that the proposed amendments mentioned in Article 55(1), which were preliminary proposals have now become applied to the next stage of the negotiation, where actual text is defined, agreed upon and finalized for the States to review at minimum 4 months prior to the WHA. It bears repeating that verbatim Article 55(2) is as follows: “THE TEXT of any proposed amendment shall be communicated to all States Parties by the Director-General at least four months before the Health Assembly at which it is proposed for consideration.” (CAP, italics & Bold added for emphasis)
Based on the foregoing arguments, which are very clearly laid out in the full text of IHR Article 55, our organizations firmly refute the following false claim by World Health Organization: “In fulfilling the Article 55(2) requirement, the WHO Secretariat circulated all proposals for amendments to the IHR on 16 November 2022, some 17 months before the Seventy-seventh World Health Assembly, which begins on 27 May 2024, when they are proposed for consideration. The World Health Assembly established the WGIHR, which operates as a subdivision of the Assembly and includes all 196 States Parties. As such, the WHO Secretariat has further exceeded the technical requirements of Article 55(2) by communicating not only the original 308 amendments, but also by communicating all proposed changes to these amendments developed by the WGIHR drafting group, to all 196 States Parties, after each WGIHR meeting. These communications to all States Parties occurred at the conclusion of each WGHIR meeting. In sum, both the letter and the spirit of Article 55(2) have been met. The letter of the provision was fulfilled, again, by the communication of 16 November 2022. This was well in advance of the four-month requirement. This notice maximized the time available for all States Parties for domestic and international consideration and coordination. The spirit of the provision, which is to ensure that all States Parties have adequate time to consider and coordinate domestically and internationally on the proposed amendments in the run up to the Assembly, has been met.
We stand firm in our contention that the WHO is acting in bad faith, omitting parts of the IHR 55 in order to push through 300+ Amendments in a way that actually violates the full text of the IHR 55(2). No one OMITS the KEY part of a rule, unless they are trying to break that same rule in bad faith, which is fraud of law. This is precisely why the IHR Amendments must not be adopted and the WHO must be reviewed. In the event that the IHR amendments are adopted, please be advised that all member states and the world health organization involved in the violation of the IHR procedural rules will be held responsible, and adopted amendments will be void and properly nullified.
Sincerely,
Interest of Justice
Free Speech Association
Legal Authority:
Article 55 Amendments
1. Amendments to these Regulations may be proposed by any State Party or by the Director- General. Such proposals for amendments shall be submitted to the Health Assembly for its consideration.
2. The text of any proposed amendment shall be communicated to all States Parties by the Director-General at least four months before the Health Assembly at which it is proposed for consideration.
3. Amendments to these Regulations adopted by the Health Assembly pursuant to this Article shall come into force for all States Parties on the same terms, and subject to the same rights and obligations, as provided for in Article 22 of the Constitution of WHO and Articles 59 to 64 of these Regulations.
Here is the verbatim text of Article IX Section 31 from the Convention on the Privileges and Immunities of the Specialized Agencies: Article IX - Settlement of Disputes Section 31 Each specialized agency shall make provision for appropriate modes of settlement of: (a) Disputes arising out of contracts or other disputes of a private character to which the specialized agency is a party; (b) Disputes involving any official of a specialized agency who by reason of his official position enjoys immunity, if immunity has not been waived by the specialized agency.
Help us legally fight WHO’s misinterpretation of the rules & TAKE REAL ACTION stop them from rushing the 300+ horrible IHR Amendments (the BIGGEST THREAT) through!
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