Biology Reference
In-Depth Information
5.4.1 Benefit Sharing for Influenza Viruses
In 1951, the United Nations adopted the International Sanitary Regulations (ISR)
through the Fourth WHA. The ISR had two aims: to prevent the international
spread of designated infectious diseases, and to set requirements for the reporting
and notification of disease cases. The regulations were designed to ensure maxi-
mum security against the international spread of diseases with minimum interfer-
ence in world traffic. In 1969, the ISR were revised and renamed International
Health Regulations (IHR).
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The current regulations aim to avoid acute public
health crises by preventing the spread of global disease (WHO
2008
).
Two schools of thought have interpreted the current IHR in conflicting ways
(Fidler
2008
) when commenting on Indonesia's actions (Sedyaningsih et al.
2008
:
489). The first school of thought argues that compliance with the IHR requires the
timely sharing of biological samples without any preconditions. The second school
of thought argues that the IHR does not require the sharing of specimens with
the WHO, but only the sharing of public health information. In the former case,
Indonesia would have to send swabs, endotracheal aspirates, lung biopsies etc. to
the WHO. Supporters of this view maintain that the sharing of information alone is
not an effective means to realize the global health aims of the IHR and that:
surveillance for aetiological agents that may cause a PHEIC [Public Health Emergency of
International Concern] can only be conducted if countries share samples in a 'timely and
consistent' manner, without 'preconditions' (Sedyaningsih et al.
2008
: 484).
In the second scenario, facts about cases, strains, locations etc. would suffice.
Proponents of this view argue that the IHR does not require the sharing of speci-
mens and that the CBD gives nation states sovereignty over biological resources.
This scenario is closer to the position taken by Indonesia.
The situation was clarified in May 2007 through a statement from the WHA,
which recognized 'in particular, the importance of international sharing, with
WHO Collaborating Centres, of clinical specimens and viruses as a contribution to
assessment of the pandemic risk' and asked member states to support the 'timely
sharing of viruses within the [WHO's] Global Influenza Surveillance Network'
(WHO
2007d
). At the same time, the WHA also recognized 'the sovereign right
of States over their biological resources' and recalled the Jakarta Declaration on
Responsible Practices for Sharing Avian Influenza Viruses and Resulting Benefits,
which demanded an end to exploitative practices (WHO
2007d
: 1-3).
It is worth noting that the Indonesian government made no attempt to justify
its actions through appeals to international ethics guidelines governing medical
research, such as the Declaration of Helsinki. As noted in
Chap. 3
, article 17 of the
Declaration of Helsinki maintains: 'Medical research involving a disadvantaged or
vulnerable population or community is only justified if … there is a reasonable
likelihood that this population or community stands to benefit from the results of
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The IHR in their current version, which came into force on 15 June 2007, are legally binding
on 194 countries.
