The OIE Veterinary Legislation Support Programme: Addressing the legal framework for BTR in the veterinary domain David M. Sherman Chargé de mission, OIE
Overview of Presentation • Importance of veterinary legislation • Origin and Structure of the VLSP • Impact of the VLSP • The VLSP and biological threat reduction • Projects and activities
The Importance of Legislation • “… Legislation is the essential function of modern government ; it is the way that we direct and manage the complex social, economic and technological systems that constitute modern society. Legislation, therefore, is the way that we, as a people, act collectively to control and improve the world in which we live. The quality of the legislation we enact determines whether we, as a society, will prosper or decline, and possibly whether we will survive or perish .” Edward L. Rubin - “Legislation as Policy - Making in Presidential and Parliamentary Systems” - the “Loophole”, March, 2013. http://www.opc.gov.au/CALC/docs/Loophole/Loophole_March13.pdf
The Importance of Veterinary Legislation • Veterinary legislation provides the powers and authorities necessary for Veterinary Services to efficiently carry out their key functions to ensure public safety and promote the public good. • In the face of growing global demand for foods of animal origin, increasing world trade, shifting patterns of disease associated with climate change, expanding risk of bioterrorism and the emergence and re-emergence of diseases that can rapidly spread across international borders, the Veterinary Services must be supported by effective and modern legislation.
Origins of the OIE VLSP The VLSP has its origins in the OIE Performance of Veterinary Services (PVS) Pathway. Early on in the PVS Pathway, deficiencies in veterinary legislation of many Member Countries were noted during PVS Evaluations: • Veterinary legislation was often outdated & inadequate to meet current & future challenges and societal expectations; • Legal texts were prepared in isolation without consulting stakeholders; • Veterinarians & jurists didn’t work together to create legal texts; • Defects were noted in both internal quality (legal drafting) & external quality (implementation & impact) of legal texts; • Lack of an overall strategic vision, with various regulatory powers seen as the property of competing ministries rather than existing to serve the public good; and
Structure of the VLSP • Out of the experience of the PVS Evaluation Missions, the VLSP was born in 2008 • Two key VLSP components • Veterinary Legislation Identification Mission • Veterinary Legislation Agreement o Preparatory Phase o Formal Agreement
Component One of the VLSP: Identification Missions Objectives of the Identification Mission are to: • Raise awareness of the importance of veterinary legislation for modern, effective operation of the veterinary services; • Review principles for developing high quality veterinary legislation; • Review the current status of the Member’s legislation relative to the OIE standards for veterinary legislation presented in Chapter 3.4. of the Terrestrial Animal Health Code
Component Two of the VLSP: Legislative Agreement Objectives of the Legislative Agreement are to: • Establish specific objectives of legislative reform and modernization; • Ensure that the human, financial and political resources are in place to facilitate the development and implementation of new legislation; • Develop specific new laws and regulations according to the Member’s priority needs.
Impact of the VLSP - Outcomes With close to 60 Identification Missions, the VLSP has: • Broadened awareness on the importance of legislative reform to address contemporary concerns & realities facing the VS; • Brought together lawyers and veterinarians to work together on drafting of quality veterinary legislation; • Expanded understanding of the breadth and scope of the veterinary domain – clarifying the areas where veterinarians must play an active role; • Identified key areas where serious gaps in legislation and therefore, lack of authority, exist; and • Promoted the creation of new legislation.
The OIE VLSP and BTR • The “OIE Veterinary Legislation Support Programme in the Americas” Project • Global Partnership Programme, Global Affairs Canada • January 2016 – March 2018 • Overall objective: To strengthen regional health security and improve preparedness of nations for biological threat reduction by enhancing the veterinary legislative basis in countries of the Americas. • Key activities • Training of OIE VLSP experts on biological threat legislation • Pilot VLSP country missions on biological threat legislation • Workshop on Legislation and Biological Threat Reduction for OIRSA Member Countries in Central America
OIE VLSP Expert Training Seminar on Legislation and BTR – December 2016 • Objective: To improve the capacity of VLSP experts to assess veterinary legislation in the context of BTR during VLSP Veterinary Legislation Identification Missions. • 28 VLSP Experts were trained, including lawyers and vets • Speakers from VERTIC, Interpol, UNICRI and other agencies • Programme • Current global situation regarding biothreats • OIE perspective and engagement in BTR • The international legal framework for BTR • National perspectives on BTR legislation • Preparedness and enforcement • Working group activities • Review of TAHC for BTR content, • Sensitizing national CVOs (OIE Delegates) to BTR issues,
Pilot VLSP missions on BTR Legislation • Objectives: • Provide some VLSP Experts with field experience in conducting missions with a BTR focus • Raise awareness of national VS on BTR • Identify gaps in legislation relating to control of biological threats • Facilitate greater interaction of VS with public health and national security officials • Team composition • VLSP expert lawyer • VLSP expert veterinarian • BTR legal specialist from VERTIC • OIRSA observer • Belize mission – conducted July 2016 • Panama mission – conducted August 2017 • Guatemala mission - in planning
Pilot VLSP missions – Lessons Learned • In advance of missions, the OIE Delegate should have a basic awareness and understanding of the topic of BTR and why it should be part of the VS mandate, even if not a primary focus. • The OIE TAHC does not make specific reference to deliberate or intentional attacks on animal health or food safety presuming that VS should be capable of preventing and controlling disease outbreaks, whatever their source. Specific reference to BTR in the TAHC could strengthen interest & commitment of Delegates. • VLSP Mission Teams should regularly include meetings with national security agencies during missions to foster awareness of the role of VS in BTR and to promote better interagency cooperation.
Workshop for OIRSA Member Countries • Panama City, June, 2017. • Belize, Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, Mexico, Nicaragua and Panama • 3 officials from each country invited; Veterinary services, public health and national security • Objectives: • To raise awareness among senior officials and policy makers in OIRSA countries about the risks of biological threats in the animal health and veterinary public health sectors; and • To promote national and regional BTR preparedness • Programme - Collaboration of OIE & UNICRI with FBI • Background presentations on subject of BTR • OIRSA country presentations on current situations • Simulation exercise on intentional biological threat introduction
Conclusions • This area of work is consistent with the OIE 6th Strategic Plan (2016 - 2020), which identifies the reduction of biological risks, whether of natural, accidental, or intentional origin, as a priority for OIE Member Countries. • BTR can be included in the scope of VLSP identification missions to heighten awareness of BTR within national VS and serve as a platform to strengthen relevant legislation. • More VLSP missions incorporating BTR should be conducted. • Simulation exercises at regional and national level are a valuable tool to sensitize VS to the genuine risks of biothreats involving animal and zoonotic pathogens. • Such exercises highlight the need of a strong legal framework for effective action and the necessity of interagency and international cooperation in addressing biological threats. • The OIE should develop a communications strategy to raise the awareness of Delegates about biothreats and also consider a review of the TAHC to include more BTR specific content.
Thank you David M. Sherman Chargé de mission, OIE d.sherman@oie.int
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