Independent Review and Investigation Mechanisms to Prevent Future Pandemics: A Proposed Way Forward

Abstract

Based on the proposal by the European Council, more than 25 heads of state and the World Health Organization (WHO) support development of an international treaty on pandemics, that planned to be negotiated under the auspices of WHO, will be presented to the World Health Assembly in May 2021. Given that the treaty alone is not enough to ensure compliance, triggers for a high-level political response is required. To this end, to inform the design of a support system, we explored institutional mechanismsi with a mandate to review compliance with key international agreements in their signatory countries and conduct independent country investigations in a manner that manages sovereign considerations. Based on our review, there is no single global mechanism that could serve as a model in its own right. There is, however, potential to combine aspects of existing mechanisms to support a strong, enforceable treaty. These aspects include: • Periodic review - based on the model of human rights treaties, with independent experts as the authorized monitoring body to ensure the independence. If made obligatory, the review could support compliance with the treaty. • On-site investigations - based on the model by the Committee on Prevention of Torture according to which visits cannot be blocked by state parties. • Non-negotiable design principles - including accountability; independence; transparency and data sharing; speed; emphasis on capabilities; and incentives. • Technical support - WHO can provide countries with technical assistance, tools, monitoring, and assessment to enhance emergency preparedness and response.