Following several years of negotiations, last week in Geneva the World Health Assembly (WHA) adopted updated rules that will govern how the World Health Organization (WHO) manages relationships with non-governmental actors, such as industry, philanthropic organizations, nongovernmental organizations and academic institutions. The WHO Framework of Engagement with non-State Actors (FENSA) is intended to prevent conflict of interest and avoid the risk of undue influence of non-state actors on the work of the WHO. A copy of the FENSA resolution and text can be found here.  FENSA will likely impact joint initiatives between WHO and other UN bodies, such as FAO, UNEP, etc. and could create precedents impacting business engagement in other UN forums.

Throughout the negotiations, USCIB has stated that in light of the magnitude and breadth of global health challenges, all stakeholders, including from business, should be involved in following and cooperating with WHO’s mission.

“USCIB has consistently emphasized the need for partnerships between business, governments and other stakeholders to fully implement the UN Sustainable Development Goals, including SDG3 on Health, and called on WHO to catalyze those partnerships wherever possible,” said Helen Medina, USCIB’s vice president for product policy and innovation. “It is now our hope that the WHO will implement FENSA inclusively so that member states and the secretariat may fully benefit from the private sector’s practical knowledge expertise, experience, resources and research.”

In particular, Medina noted that implementation should encourage and involve large business networks, such as the International Organization of Employers and the International Chamber of Commerce, in observing and furthering WHO’s work.  Like other United Nations bodies, USCIB hopes WHO will seek the best expertise from the business community, and take advantage of broad business networks to further WHO objectives.

As next steps, the WHO secretariat will create a guidance document to facilitate the FENSA implementation, which is likely to be done in phases. Full implementation is to be achieved in a two-year time frame. The WHO secretariat will also establish a register of non-state actors in time for the next WHA in May 2017. The 2017 WHA is also expected to review progress on implementation of the framework at the three levels of the WHO and then take any decisions necessary to enable the full, coherent and consistent implementation of FENSA.

The FENSA resolution agreed on May 28 indicates that the WHO Executive Board will have a standing agenda item for reporting on FENSA implementation. In 2019, the implementation of the framework and its impact on the work of WHO will be evaluated, and the results of this evaluation will submitted together with any proposals for revision at the WHO Executive Board in January 2020.

USCIB will monitor how the WHO will implement FENSA and its impacts and implications for U.S. companies.  USCIB will seek opportunities to inform the development of the WHO FENSA implementation guidance as appropriate, and monitor any precedents that may arise from FENSA in others UN forums.

The World Health Organization’s annual World Health Assembly takes place this week in Geneva, convening health ministers from 194 countries to deliberate on major global health policy issues. Helen Medina, USCIB’s vice president for product policy and innovation, attended the World Health Assembly representing the views of U.S. business.

USCIB has been monitoring and providing input into the WHO’s Framework of Engagement with Non-State Actors (FENSA), a policy that will determine how the WHO interacts with non-state actors including businesses. USCIB recently submitted comments at a U.S. Department of Health and Human Services (HHS) Stakeholder Listening Session calling for clarity as the WHO implements its new framework.

USCIB argues that the proposed FENSA is too stringent, as it would limit the WHO’s ability to fully benefit from the private sector’s practical expertise, resources and research.

“Given the magnitude and breadth of global health challenges, we believe that all stakeholders including business should be involved in supporting the WHO’s policies,” said Medina.

USCIB called on U.S. negotiators headed to the World Health Assembly to push for a resolution that reflects the need for positive measures that invite and enable public-private partnerships to advance the WHO’s mission.

While in Geneva, Medina will be supporting USCIB members on the ground at the assembly, as well as attending side-events related to non-communicable diseases and intellectual property rights and innovation.

Ahead of the World Health Organization’s (WHO) annual World Health Assembly, the world’s highest health policy setting body, USCIB submitted comments at a U.S. Department of Health and Human Services (HHS) Stakeholder Listening Session calling for clarity as the WHO implements its Framework for Engagement with Non-State Actors (FENSA).

Eva Hampl, USCIB’s director for investment, trade and financial services, spoke at an HHS listening session held to solicit knowledge, ideas and feedback from all stakeholders – including private industry – as the U.S. positions itself to negotiate with other countries at the upcoming World Health Assembly. She urged the United States government to ensure that all stakeholders are included in the development and implementation of the FENSA guidance.

“Under current WHO rules, business organizations like ours, and our broad international affiliates, already encounter roadblocks to observing and supporting most WHO work,” Hampl said. “We are concerned this situation could worsen.”

USCIB argues that the proposed FENSA is too stringent, as it would limit the WHO’s ability to fully benefit from the private sector’s practical expertise, resources and research. Given the magnitude and breadth of global health challenges, USCIB believes that all stakeholders should be involved in supporting the WHO’s policies.

“In our view, FENSA extends already discriminatory and restrictive practices on business, is cumbersome, lacks minimum transparency and accountability, and will set negative precedents in other [United Nations] forums,” USCIB said in a statement submitted to HHS. “It is a step backward and in contradiction to what has been the prevailing international trend by governments and inter-governmental bodies toward innovative and enhanced engagement with private sector entities to advance sustainable development.”

USCIB called on U.S. negotiators headed to the World Health Assembly to push for a resolution that reflects the need for positive measures that invite and enable public-private partnerships to advance WHO’s mission.