General
10 "Official relations" is often confused with "formal engagement". Official relations is a privilege that the Executive Board may grant to nongovernmental organizations, international business associations and philanthropic foundations that have had and continue to have a sustained and systemic engagement in the interest of WHO. Formal engagement refers to the different collaborations/interactions that WHO has with non-State actors. WHO counts thousands of formal engagements every year with non-State actors at the three levels of WHO. Entities in official relations can attend governing body meetings but are otherwise subject to the same rules as other non-State actors when engaging with WHO (see Part XVIII.1.1).
20 Under the Framework of Engagement with Non-State actors (FENSA):
- Non-governmental organizations" are non-profit entities that operate independently of governments. They are usually membership-based, with non-profit entities or individuals as members exercising voting rights in relation to the policies of the nongovernmental organization, or are otherwise constituted with non-profit, public-interest goals. They must be free from concerns which are primarily of a private, commercial or profit-making nature. They could include, for example, grassroots community organizations, civil society groups and networks, faith-based organizations, professional groups, disease-specific groups, and patient groups;
- International business associations are private sector entities that do not intend to make a profit for themselves but represent the interests of their members, which are commercial enterprises and/or national or other business associations. These associations have the authority to speak for their members through their authorized representatives. Their members exercise voting rights in relation to the policies of the international business association;
- Philanthropic foundations are non-profit entities whose assets are provided by donors and whose income is spent on socially useful purposes. They shall be clearly independent from any private sector entity in their governance and decision-making. (Philanthropic arms of a private sector entity are considered private sector entities).
30 To be eligible for official relations, nongovernmental organizations, international business associations or philanthropic foundations should be international in membership and scope. Their aims and activities must be in conformity with the spirit, purposes and principles of WHO's Constitution, and they must contribute significantly to the advancement of public health. They must have a constitution or similar founding document, an established headquarters, a governing body and an administrative structure. They must also have had at least two consecutive years (24 months) of sustained and systemic engagement with WHO as documented through legal arrangements. To note, participation in each other's meetings is not considered to be systemic engagement.
40 Academic institutions, private sector entities, partnerships, collaborative arrangements, multistakeholder initiatives and public‑private partnerships are not eligible for admission into official relations.
50 Non-State actors designated as WHO collaborating centres and non‑State actors in official relations with WHO are subject to different rules and procedures, which are mutually exclusive. Accordingly, entities designated as collaborating centres may not be considered for admission into official relations and non-State actors in official relations may not be considered for designation as collaborating centres.
60 A designated technical officer (DTO) is appointed by the Assistant Director General and/or the Director of the Department concerned for each non-State actor in official relations. A DTO has the responsibility to liaise internally to facilitate the application of the proposed non-State actor and ensure an adequate support for the non-State actor when applying for admission into, and maintaining, official relations with WHO. The DTO’s responsibilities include: leading the joint development of the plan for collaboration between WHO and the non-State actor in line with WHO’s objectives, General Programme of Work and Programme budget; serving as liaison officer between WHO and the non-State actor; and co-developing and validating annual reports on collaboration. For Further details on DTO’s responsibilities, see the Due Diligence and Non-State Actors Unit (DAN)’s Intranet webpage.
70 Official relations must be based on a plan for collaboration between WHO and the entity with agreed objectives and outlining technical activities for the coming three-year period structured in accordance with the General Programme of Work and Programme budget. The joint plan must be free from concerns which are primarily of a commercial or for profit-making nature and must be published in the WHO Register of non-State actors. A joint annual report on the progress made in implementing the plan of collaboration and other related activities should be also provided and published in the WHO Register.
Procedure for admitting and reviewing entities in official relations
80 An application for admission into official relations cannot be presented nor pursued spontaneously by an entity. Instead, it should follow close consultation with the relevant technical department and the steps described below.
90 When a technical department and a non-State actor decide to pursue the procedure for admission into official relations, the following steps must be taken:
- In February-March, the technical department consults with DAN as to whether the entity would be eligible in order to be considered for admission into official relations;
- A designated technical officer (DTO) is appointed by the Assistant Director General and/or Director of the Department concerned for each non-State actor applying for or admitted into official relations. The DTO has the responsibility to ensure an adequate support for the non-State actor when applying for admission into, and maintaining, official relations with WHO (see paragraph 40 above). The applicant entity shall also appoint a person that would serve as the responsible officer for these relations.
- Should the entity fulfil the eligibility criteria in order to be considered for admission into official relations, the technical department and the non-State actor jointly develop a three-year plan for collaboration and a report on past collaboration with WHO (covering at least the past 24 months); and submit it to DAN by no later than 30 May. The entity is also granted access into the WHO Register of non-State actors and is invited to complete and submit its profile;
- By no later than 31 July and for submission to the Executive Board at its session the following January, the technical department must provide the final drafts of both the report on past collaboration and the planned collaboration with a signed letter by the non-State actor certifying the accuracy and completeness of its application. The deadline cannot be postponed;
- Due diligence and risk assessment are then conducted to ensure that the established criteria and other requirements are fulfilled as set out in FENSA, and a report is submitted for the Executive Board through its Programme, Budget and Administrative Committee (PBAC);
- The plan for collaboration and the profile of the entity are published in the WHO Register of non-State actors and made available to Member States prior to the January session of the Executive Board;
- At their annual January session, the PBAC considers any new application and makes recommendations to the Executive Board for its decision.
100 The Executive Board, based on a recommendation from PBAC, decides whether to admit an entity in official relations or to postpone consideration of the application or to reject an application. The Secretariat shall inform each entity of the Board’s decision on its application. A re-application from a non-State actor shall not normally be considered until two years have elapsed since the Board's decision on the previous application.
110 The Executive Board reviews the admission of a non-State actor into official relations every three years. To that end, the technical department and the non-State actor jointly develop a new plan for collaboration with WHO for the following three years and shall complete the report on the implementation of the ongoing plan for collaboration. The triennial review of official relations is launched by April each year, for consideration by the Board at its forthcoming annual January session. The Board may decide to maintain official relations or to defer the decision on the review to the following year. The Director-General may propose an earlier review based on the experience in the collaboration with the entity concerned.
120 The Board may decide that the official relations status should be suspended or discontinued if such relations are considered no longer appropriate or necessary or the entity no longer meets the applicable criteria, changes its type, scope of work or otherwise fails to act in accordance with WHO's policy on official relations.
