STOP THE C.O.P.

The proposed "pandemic treaty" seeks to create a brand new, separate "Conference Of the Parties" that would be empowered to adopt "protocols" in the future without Congressional oversight.

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BUILDING BLOATED BUREAUCRACIES:

The text below is from the unedited “Bureau’s Text” version of the proposed “Pandemic Treaty.” It defines the bloated bureaucratic structures that would be created under the proposed “Pandemic Treaty” as well as the powers that would be given to this new layer of bureaucrats.

The structure of the WHO CA+ is that of a Framework Convention. This seeks to enable the member nations to agree to a relatively vague document NOW, that would empower and authorize unknown bureaucrats to make legally-binding decisions at some point IN THE FUTURE, when those decisions can be well-hidden from the view of the general public.

The true purpose of such bureaucracies is to transfer control, authority and sovereignty from the people to unelected, unaccountable and largely unknown bureaucrats.

Tyranny results when we allow control and authority to be disassociated from the will of the people.

Unedited Bureau's Text Of The Proposed "pandemic Treaty"

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CONFERENCE OF THE PARTIES

Chapter III. Institutional arrangements and final provisions

Article 20. Conference of the Parties

1. A Conference of the Parties is hereby established. The Conference of the Parties shall be comprised of delegates representing Parties. The Conference of the Parties shall also include observers from:

(a) Representatives of the United Nations and its specialized and related agencies, as well as any State Member thereof or observers thereto not Party to the WHO CA+; and

(b) Representatives of any body or organization, whether national or international, governmental or non-governmental, private sector or public sector, which is qualified in matters covered by the WHO CA+, provided that observers pursuant to this subparagraph may be admitted as an observer, upon formal application, in accordance with terms and conditions to be adopted by the Conference of the Parties, renewable every three years, unless at least one third of the Parties object.*

2. Only delegates representing Parties will participate in any decision-making of the Conference of the Parties, whether by consensus, voting, or otherwise.

3. With the aim of promoting coherence of the Conference of the Parties and the World Health Assembly, as well as coordination with respect to relevant instruments and mechanisms within the framework of the World Health Organization, the Conference of the Parties shall operate within a third main Committee of the World Health Assembly, subject to the establishment of such a Committee by the World Health Assembly.

(a) Decision-making within such a third main Committee of the World Health Assembly will be adjusted, as appropriate, to accommodate membership of the Committee and the Conference of the Parties.

(b) The Conference of the Parties shall operate under the rules of procures of the third main committee of the World Health Assembly, provided that the Conference of the Parties may agree to amend, supplement or revise such rules of procedure with a view to facilitating the dispatch of its business, with the aim to facilitate reporting by the Parties and avoid duplications.

(c) In the event that States Parties to the International Health Regulations determine that an implementation and compliance mechanism under that instrument will also operate within said third main Committee of the World Health Assembly, further steps will be agreed, as necessary, to accommodate, as appropriate, decision-making within such a third main Committee of the World Health Assembly.

(d) In the event that the World Health Assembly does not establish said third main Committee of the World Health Assembly by the date of the entry into force of the WHO CA+, the Conference of the Parties shall agree on the framework in which the Conference of the Parties shall operate.

4. The first session of the Conference of the Parties shall be convened by the World Health Organization not later than one year after the entry into force of the WHO CA+, which may, if so determined by the World Health Assembly, be outside the regular cycle of meetings of the third main committee of the World Health Assembly under which the Conference of the Parties operates.

5. Following the first session of the Conference of the Parties:

(a) subsequent regular sessions of the Conference of the Parties shall be on the time and date of the third main committee of the World Health Assembly within which the Conference of the Parties operates; and

(b) extraordinary sessions of the Conference of the Parties shall be held at such time and date as may be deemed necessary by the Conference of the Parties or at the written request of any Party, provided that, within six months of the request being communicated to them by the Secretariat, it is supported by at least one-third of the Parties. The date and time of any such extraordinary sessions be outside the regular cycle of meetings of the third main committee of the World Health Assembly within which the Conference of the Parties operates.

6. The Conference of the Parties shall keep under regular review the implementation of the WHO CA+ and take the decisions necessary to promote its effective implementation and may adopt protocols, annexes and amendments to the WHO CA+, in accordance with Articles 32, 33 and 34. Towards this end, it shall:

(a) consider reports submitted by the Parties in accordance with Article 21 and adopt regular reports on the implementation of the WHO CA+;

(b) oversee the bodies referred to in paragraph 9 of this Article, including establishing their rules of procedure and working modalities and, if so decided, establish other subsidiary bodies as are necessary to achieve the objective of the WHO CA+;

(c) promote and facilitate the mobilization of financial resources for the implementation of the WHO CA+, in accordance with Article 19;

(d) request, where appropriate, the services and cooperation of, and information provided by, competent and relevant organizations and bodies of the United Nations system and other international and regional intergovernmental organizations and nongovernmental organizations and bodies as a means of strengthening the implementation of the WHO CA+; and

(e) consider other action, as appropriate, for the achievement of the objective of the WHO CA+, in the light of experience gained in its implementation.

7. The Conference of the Parties shall keep under regular review every three years the implementation and outcome of the WHO CA+ and any related legal instruments that the Conference of the Parties may adopt, and shall make the decisions necessary to promote the effective implementation of the WHO CA+.

8. The work of the Conference of the Parties shall be carried out by the following bodies, as further described in this Chapter, as well as by any other bodies the Conference of the Parties may establish, in accordance with the terms of the WHO CA+:

(a)  The Implementation and Compliance Committee, as set out in Article 22;

(b)  The Panel of Experts to provide scientific advice, as set out in Article 23;

(c)  The Pandemic-Related Products Expert Committee, as set out in Article 24; and

(d)  The Benefit-Sharing Expert Committee, as set out in Article 25.

*Any organization (but not people) can potentially gain a seat at the table.

IMPLEMENTATION AND COMPLIANCE COMMITTEE

Article 22. Implementation and Compliance Committee

1. An Implementation and Compliance Committee to facilitate and consider the implementation of and promote compliance with the provisions of the WHO CA+ is hereby established as a subsidiary body of the Conference of the Parties.

2. The Implementation and Compliance Committee is mandated to promote implementation of, and review compliance with, the provisions of the WHO CA+, including by addressing matters related to possible non-compliance.

3. The Implementation and Compliance Committee shall be facilitative in nature and function in a manner that is transparent, non-adversarial and non-punitive and shall pay particular attention to the respective national and regional capabilities and circumstances of Parties, in particular the needs of Parties which are developing countries. The Implementation and Compliance Committee shall provide notification in writing with respect to the actions of any Party it may be considering.

4. The Implementation and Compliance Committee shall consider issues of implementation and compliance at the individual and systemic levels, inter alia, and report periodically and make recommendations, as appropriate while cognizant of respective national circumstances, to the Conference of the Parties. Such recommendations may include proposals for consideration of the Conference of the Parties aimed at facilitating and providing support for the implementation of the WHO CA+, with particular attention to the needs of Parties which are developing countries.

5. The Committee shall consist of [...] members, [which are independent experts,] [possessing appropriate qualifications and experience,] nominated by Parties and elected by the Conference of the Parties, with due consideration to gender equality and equitable geographical representation. The first members of the Implementation and Compliance Committee shall be elected at the first session of the Conference of the Parties. Thereafter, the members shall be elected in accordance with the rules of procedure approved by the Conference of the Parties pursuant to paragraph 10 of Article 20. The members of the Implementation and Compliance Committee shall have recognized competence in fields relevant to the WHO CA+ and reflect an appropriate balance of expertise.

6. The Implementation and Compliance Committee shall consider:

(a) written submissions from any Party with respect to compliance with the provisions of the WHO CA+;

(b) periodic reports by the Parties submitted in accordance with Article 21;

(c) any issue submitted to it by the Conference of the Parties; and

(d) other relevant information.

7. The Implementation and Compliance Committee shall elaborate its rules of procedure, which shall be subject to approval by the second session of the Conference of the Parties. The Conference of the Parties may supplement or clarify the mandate of the Implementation and Compliance Committee.

8. The Implementation and Compliance Committee shall make every effort to adopt its recommendations by consensus. In the absence of consensus, the recommendations shall be adopted by a three-fourths majority vote of the members present and voting, based on a quorum of two-thirds of the members.

9. The Implementation and Compliance Committee shall collaborate with relevant monitoring and review bodies and mechanisms that may be established by the World Health Assembly or by States Parties to the International Health Regulations, including by providing for joint sessions.

10. In the course of its work, the Implementation and Compliance Committee may draw on appropriate information from any bodies established under the WHO CA+ or the World Health Organization, as well as from any information submitted to the WHO by Parties through other mechanisms.

PANEL OF EXPERTS

Article 23. Panel of Experts to provide scientific advice

1. An expert body to provide scientific advice is hereby established as a subsidiary body of the Conference of the Parties to provide the Conference of the Parties with information, science-based and other technical advice on matters relating to the WHO CA+. The Panel of Experts shall comprise independent experts competent in the relevant fields of expertise and sitting in their individual expert capacity. It shall be multidisciplinary in line with the One Health approach. It shall report regularly to the Conference of the Parties on all aspects of its work. The body shall:

(a)  collect, consider and evaluate the most advanced and recent information and scientific knowledge available on the origins, prevention, surveillance, control and impacts of pandemics;

(b)  provide or compile assessments of the state of scientific knowledge relating to zoonotic and other risks in accordance with the One Health approach;

(c)  prepare scientific and evidence-based assessments on the effects of measures taken in the implementation of the WHO CA+ and make recommendations as appropriate;

(d)  provide advice as appropriate on scientific programmes, international cooperation in research and development related to matters covered by the WHO CA+, as well as on ways and means of supporting endogenous capacity building in developing countries;

(e)  respond to scientific, technological and methodological questions that the Conference of the Parties or other subsidiary body may put forward;

(f) assess the status of available scientific knowledge and evidence relating to Pandemics it causes, predictability, prevention measures, preparedness and response requirements;

(g)  assess global, and regional situations and may forecast the emerging pandemic threats, level of risk they possess, need for any specific preparedness programme or response options including the availability or need for new research on the health products and technologies;

(h)  assess the threats and prepare a R&D Blueprint for pandemics;

(i)  prepare strategies and guidelines for preparedness and response for various known pandemics;

(j)  conduct health technology assessment of pandemic related products and share withe results with Parties and WHO mechanisms;

(k)  act in coordination with the R&D observatory as well as the R&D Blueprint in development of prioritisation of R&D objectives and targets;

(l)  stock-take and monitor of all types of genetic research and big data analysis associated with highly transmissible pathogens, and alert scientific community about any potential biosecurity concern and develop standards and operating procedures to avoid such concerns;

(m) develop guidelines on research involving pandemic potential pathogens including genetic engineering with a view to avoid biosafety and biosecurity concerns including accidental laboratory leakages of disease-causing agents; and

(n) provide advice and recommendations on any matter as requested by the Conference of the Parties.

2. The Panel of Experts shall take due account of relevant work by, and allow for the participation in its proceedings of, relevant international and regional intergovernmental organizations, governmental and non-governmental organizations and bodies, as well as academic experts.

3. The Panel of Experts shall consist of [...] independent experts selected by common accord by the Heads of the Quadripartite Organizations on the basis of criteria of competence, independence, multi-disciplinarity, gender equality and equitable geographic representation. Its composition may be modified by the Conference of the Parties.

4. The Panel of Experts shall elaborate its rules of procedure, which shall be approved by the Conference of the Parties at its second session.

5. The Conference of the Parties shall ensure the availability of the resources necessary to enable the Panel of Experts to achieve its objectives and perform its tasks.

PANDEMIC-RELATED PRODUCTS EXPERT COMMITTEE

Article 24. Pandemic-Related Products Expert Committee

1. A Pandemic-Related Products Expert Committee is hereby established as a subsidiary body of the Conference of the Parties.

2. The Pandemic-Related Products Expert Committee is mandated to monitor and analyse issues related to the availability, affordability and quality of pandemic-related products and report to the Conference of the Parties, discharge all functions set out in the WHO CA+ and respond to requests from the Conference of the Parties. It shall pay particular attention to the needs of Parties which are developing countries.

3. The Pandemic-Related Products Expert Committee shall consist of [...] members, which are independent experts, nominated by Parties and elected by the Conference of the Parties, with due consideration to gender equality, multi-disciplinarity, including legal, economic and industrial organisation expertise, and equitable geographical representation. The initial members of the Pandemic-Related Products Expert Committee shall be elected at the first session of the Conference of the Parties. Thereafter, the members shall be elected in accordance with the rules of procedure approved by the Conference of the Parties pursuant to paragraph 4 of this Article. The members of the Pandemic-Related Products Committee shall have recognized competence in fields relevant to the WHO CA+, and reflect an appropriate balance of expertise.

4. The Pandemic-Related Products Expert Committee shall elaborate its rules of procedure, which shall be subject to approval by the second session of the Conference of the Parties. The Conference of the Parties may supplement or clarify the mandate of the Pandemic-Related Products Expert Committee.

5. The Pandemic-Related Products Expert Committee shall make every effort to deliberate by consensus. In the absence of consensus, its recommendations or decision shall be adopted by a three- fourths majority vote of the members present and voting, based on a quorum of two-thirds of the members.

BENEFIT-SHARING EXPERT COMMITTEE

Article 25. Benefit-Sharing Expert Committee

1. A Benefit-Sharing Expert Committee is hereby established as a subsidiary body of the Conference of the Parties.

2. The Benefit-Sharing Expert Committee is mandated to establish guidelines of benefit-sharing, providing transparency and ensuring a fair and equitable sharing of benefits, and report to the Conference of the Parties, discharge all functions set out in the WHO CA+ and respond to requests from the Conference of the Parties. It shall pay particular attention to the needs of Parties which are developing countries.

3. The Benefit-Sharing Expert Committee shall consist of [...] members, which are independent experts, nominated by Parties and elected by the Conference of the Parties, with due consideration to gender equality, multi-disciplinarity, including legal, economic and industrial organisation expertise, and equitable geographical representation. The initial members of the Pandemic-Related Products Expert Committee shall be elected at the first session of the Conference of the Parties. Thereafter, the members shall be elected in accordance with the rules of procedure approved by the Conference of the Parties pursuant to paragraph 4 of this Article. The members of the Committee shall have recognized competence in fields relevant to the WHO CA+, and reflect an appropriate balance of expertise.

4. The Benefit-Sharing Expert Committee shall elaborate its rules of procedure, which shall be subject to approval by the second session of the Conference of the Parties. The Conference of the Parties may supplement or clarify the mandate of the Benefit-Sharing Expert Committee.

5. The Benefit-Sharing Expert Committee shall make every effort to deliberate by consensus. In the absence of consensus, its recommendations or decision shall be adopted by a three-fourths majority vote of the members present and voting, based on a quorum of two-thirds of the members.

SECRETARIAT

Article 26. Secretariat

Two options are presented for paragraph 1 of Article 26

Option 26.A:

1. A Secretariat for the WHO CA+ is hereby established. Secretariat functions for the WHO CA+ shall be provided by the World Health Organization.

Option 26.B:

1. A Secretariat for the WHO CA+ is hereby established. Secretariat functions for the WHO CA+ shall be provided by the World Health Organization in cooperation with the Food and Agriculture Organization of the United Nations, the World Organization for Animal Health and the United Nations Environment Programme. The Heads of the respective organizations will determine the modalities of their cooperation in discharging the Secretariat functions under the Agreement. Such modalities shall be approved by the Conference of the Parties at its first session.

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2. Secretariat functions shall be:

(a) to provide administrative and logistical support to the Conference of the Parties for the purpose of the implementation of this agreement and to make arrangements for sessions of the Conference of the Parties and any subsidiary bodies and to provide them with services as required;

(b) to transmit reports and other relevant information regarding implementation of this agreement received by it pursuant to the WHO CA+;

(c) to provide support to the Parties, [on request,] particularly developing country Parties and Parties with economies in transition, in implementing the WHO CA+, including the compilation and communication of information required in accordance with the provisions of the WHO CA+, or otherwise as pursuant to requests made by the Conference of the Parties;

(d) to prepare reports on its activities under the WHO CA+ under the guidance of the Conference of the Parties, and submit them to the Conference of the Parties;

(e) to ensure, under the guidance of the Conference of the Parties, the necessary coordination with the competent international and regional intergovernmental organizations and other bodies;

(f) to enter, under the guidance of the Conference of the Parties, into such administrative or contractual arrangements as may be required for the effective discharge of its functions;

(g)  to cooperate and coordinate with other United Nations agencies in related areas; and

(h)  to perform other secretariat functions specified by the WHO CA+ and such other functions as may be determined by the Conference of the Parties.

RIGHT TO VOTE

Article 31. Right to vote

1. Each Party to the WHO CA+ shall have one vote in the Conference of the Parties, except as provided for in paragraph 2 of this Article.

2. Regional economic integration organizations, in matters within their competence, shall exercise their right to vote with a number of votes equal to the number of their Member States that are Parties to the WHO CA+, duly accredited and present during the voting. Such an organization shall not exercise its right to vote if any of its Member States exercises its right, and vice versa.

PROTOCOLS TO THE WHO CA+

Article 34. Protocols to the WHO CA+

1. Any Party may propose protocols to the WHO CA+. Such proposals will be considered by the Conference of the Parties, which may invite the views of the Consultative Body.**

2. The Conference of the Parties may adopt protocols to the WHO CA+. In adopting these protocols every effort shall be made to reach consensus. If all efforts at consensus have been exhausted and no agreement reached, the protocol shall as a last resort be adopted by a two-thirds majority vote of the Parties present and voting at the session. For the purposes of this Article, Parties present and voting means Parties present and casting an affirmative or negative vote.

3. The text of any proposed protocol shall be communicated to the Parties by the Secretariat at least three months before the session at which it is proposed for adoption.

4. Only Parties to the WHO CA+ may be Parties to a protocol.

**It appears that there is an error in this version of the “WHO CA+.” The “Consultative Body” was defined in Article XX of the Zero Draft of the WHO CA+, but has been removed from this “Bureau’s Text.” It appears that the Bureau needs to edit this reference to what appears to be a defunct idea.

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by James Roguski

The old system is crumbling, and we must build its replacement quickly.

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