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Introduction to Framework Convention on Tobacco Control (fwd)
Introduction to Framework Convention on Tobacco Control
Source: World Health Organization , Monday, 10/25/99
FCTC
Working Group
First meeting of the working group
Gro Harlem Brundtland's Opening Address
Technical Briefing Series:
The Framework Convention/Protocol
Approach.
WHO/NCD/TFI/99.1
(PDF format)
Mobilizing NGOs and the Media Behind
the International Framework on Tobacco
Control: Experiences from the code on
marketing of Breast-milk Substitutes and
Conventions on Landmines and the
Environment.
WHO/NCD/TFI/99.3
(PDF format)
What Makes International Agreements
Effective? Some Pointers for the WHO
Framework Convention on Tobacco
Control.
WHO/NCD/TFI/99.4
(PDF format)
The Role of National Institutions in
Developing and Implementing the WHO
Framework Convention on Tobacco
Control.
WHO/NCD/TFI/99.5
(PDF format)
Report of the WHO Meeting of Public
Health Experts.
WHO/NCD/TFI/99.7
(PDF format)
Due to technical difficulties, certain
characters (e.g. Russian, Chinese, Arabic)
and certain tables and charts were not
reproduced in these documents. If you have
difficulty opening these PDF files in
Internet Explorer, try using Netscape. Please
contact tfi@who.int to obtain a paper copy.
Copyright © 1998 .
All rights reserved.
Update:Mon Oct 25 09:46:24 1999
The Framework Convention on
Tobacco Control
The FCTC is no ordinary convention -It is potentially a Public Health
Movement
Français (PDF
format) Español (PDF format)
The spectacular rise and spread
of tobacco consumption around the world is a challenge and an opportunity
for
the World Health Organization.
The challenge comes in seeking global solutions for a problem that cuts
across
national boundaries, cultures,
societies and socio-economic strata. The unique and massive public health
impact
of tobacco provides the WHO an
opportunity to propose to the world a first comprehensive response to deal
with the silent epidemic as the
tobacco menace has often been called. The Tobacco Free Initiative (TFI)
has
begun preliminary work in this
direction. On 24 May 1999, the World Health Assembly (WHA), the governing
body of the World Health
Organization (WHO), paved the way for multilateral negotiations to begin
on a set of
rules and regulations that will
govern the global rise and spread of tobacco and tobacco products in the
next
century. The 191-member WHA
unanimously backed a resolution calling for work to begin on the Framework
Convention on Tobacco Control
(FCTC) - a new legal instrument that could address issues as diverse as
tobacco advertising and
promotion, agricultural diversification, smuggling, taxes and subsidies. A
record 50
nations took the floor to pledge
financial and political support for the Convention. The list included the
five
permanent members of the United
Nations Security Council, major tobacco growers and exporters as well as
several countries in the
developing and developed world which face the brunt of the tobacco
industry's
marketing and promotion pitch.
The European Union and 5 NGOs also made statements in support of the
Convention and the
Director-General's leadership in global tobacco control.
The FCTC's benefits to countries
are many. The most significant one is that with the Convention as a
pathfinder and coordination
vehicle, national public health policies, tailored around national needs,
can be
advanced without the risk of
being undone by transnational phenomena (e.g. smuggling).
While framework conventions
obligate States to cooperate in key areas, the process also serves to
forge
important links between countries
and other potential partners. Countries can participate in the central
framework while still deferring a
decision on whether to participate in protocols.
Framework Convention on Tobacco
Control (FCTC) - A Primer
1. What is the FCTC?
The Framework Convention on
Tobacco Control (FCTC) will be an international legal instrument that will
circumscribe the global spread of
tobacco and tobacco products. This is the first time that the WHO has
activated Article 19 of its
constitution, which allows the Organization to develop and adopt such a
Convention.
In fact, the FCTC negotiations
and the adoption of the Convention should be seen as a process and a
product in service of public
health.
This instrument will be developed
by WHO's 191 Member States so that their concerns are adequately reflected
throughout the process. In fact,
the framework convention/protocol approach will allow Member States to
proceed with the process of
crafting this piece of international legislation in incremental stages:
The Framework Convention
will establish the legal parameters and structures of the public health
tool. It's a little like
laying the foundation of a building.
The Protocols will be
separate agreements that will make up the substantive part of the
agreement -
building on the
foundation.
2. When will it be completed?
World Health Assembly Resolution
WHA 52.18 maps out a process for developing the WHO FCTC and
possible related protocols. This
Resolution, which was adopted unanimously by the World Health Assembly in
May 1999, foresees the adoption
of the Framework Convention and possible related protocols by the World
Health Assembly no later than May
2003. It is likely that the Framework Convention itself could be adopted
much earlier than this. Each
negotiating process is unique and has its own momentum. The FCTC can be
completed earlier if WHO's Member
States so decide. Much depends on political will and a sustained
commitment to the cause of public
health. One option would be to negotiate one or more protocols
simultaneously with the Framework
Convention.
In one case, for example, three
Protocols were negotiated along with the main body of the Framework
Convention (1).
3. How will the FCTC help
international tobacco control?
I. The FCTC and related protocols
will improve transnational tobacco control and cooperation through the
following avenues:
The guiding principles of
the Convention could encompass both national and transnational measures
making it clear that:
tobacco is an important contributor to inequity in health in all
societies; as a
result of the addictive
nature and health damage associated with tobacco use it must be considered
as
a harmful commodity; the
public has a right to be fully informed about the health consequences of
using tobacco products;
and the health sector has a leading responsibility to combat the tobacco
epidemic, but success
cannot be achieved without the full contribution of all sectors of
society.
Under the Convention,
State Parties would take appropriate measures to fulfil, through
coordinated
actions, the general
objectives which they had jointly agreed to. In this respect, the FCTC
could
include the following
general objectives: protecting children and adolescents from exposure to
and
use of tobacco products
and their promotion; preventing and treating tobacco dependence; promoting
smoke-free environments;
promoting healthy tobacco-free economies, especially stopping smuggling;
strengthening women's
leadership role in tobacco control; enhancing the capacity of all Member
States in tobacco control
and improving knowledge and exchange of information at national and
international levels; and
protecting vulnerable communities, including indigenous peoples.
The protocols could
include specific obligations to address inter alia: prices, smuggling,
tax-free
tobacco products,
advertising/sponsorships, Internet advertising/trade, testing methods,
package
design/labeling,
information sharing, and agricultural diversification.
Unless national and transnational
dimensions of tobacco control are addressed in tandem, even the best
comprehensive national control
programs can be undone. The national and global thrusts of the Convention,
by
the way, are interdependent.
II. The process of developing and
adopting the FCTC and related protocols will also help to: mobilize
national
and global technical and
financial support for tobacco control; raise awareness among several
ministries likely
to come into the loop of global
tobacco control, as well as various sectors of society directly concerned
with
the public health aspects of
tobacco; strengthen national legislation and action; and mobilize NGOs and
other
members of civil society in
support of tobacco control.
In the run-up to the adoption of
the FCTC, the WHO and its Regional Offices will work with NGO's, media
and civil society in countries to
focus on tobacco in all its dimensions.
4. What is the difference
between a treaty, a convention, a protocol and a resolution?
*A treaty is an international legal agreement concluded between States in
written form, and
governed by international
law;
*A convention (and also a framework convention) is a different name for a
treaty;
*A protocol is also a form of treaty. It typically supplements, clarifies,
amends or qualifies an
existing international
agreement, for example, a framework convention;
*A resolution is an expression of common interest of numerous states in
specific areas of
international cooperation.
5. Which of the above is legally
binding?
Treaties are legally binding. The
framework convention usually entails more general or limited obligations,
while the protocols involve more
specific legal obligations.
A resolution is non-binding and
does not normally entail any substantive commitments of a legal nature.
6. In this case wouldn't a
resolution suffice?
A resolution is not sufficient to
deal effectively with the public health threats associated with the
tobacco trade,
its marketing, and use. Over the
past 25 years, the World Health Assembly has adopted 16 resolutions on
several aspects of tobacco
control with varying degrees of success. Some Member States have sharpened
these
resolutions domestically giving
them more focus and bite. This piece-meal approach, however, is too
informal
to be of any major consequence,
especially for tobacco control where the international dimension of the
problem has a direct bearing on
how the issue is addressed domestically. However, resolutions adopted in
other
international fora will
undoubtedly support and act as a catalyst for the FCTC process.
The Framework Convention is about
tobacco control in the long run. The FCTC's principal advantage is that it
will allow the WHO and its
extended family - which includes individual countries and individuals in
countries
- to reap the public health
benefits resulting from the control of tobacco and its spread through
society. This is
a legal instrument in service of
health.
7. What happened to the process
started in 1996?
Wasn't there a work plan then? In
May 1996, the World Health Assembly adopted WHA Res. 49.17 calling
upon the Director-General of WHO
"to initiate the development of a Framework Convention in accordance with
Article 19 of the WHO
Constitution." This was the first time the WHO was activating its
constitutional
mandate (Article 19) to develop a
convention. There were no precedents for developing a detailed work plan.
Between 1996-1998 some
preparatory technical work was undertaken, but no detailed work plan was
agreed to.
As part of that work, a
preliminary timetable was circulated during the 51st World Health Assembly
in May
1998. The Tobacco Free Initiative
took the relevant parts of that initial process into consideration before
developing this detailed work
plan which reflects the political and technical requirements for
negotiating the
FCTC.
8. The WHO already has a mandate
to commence negotiations.
Why are you seeking it again?
WHA Res. 49.17 gives the Director-General a mandate to start work on
developing a Framework Convention
in accordance with Article 19, but DOES NOT provide a mandate to the
Director-General to commence
negotiations. The FCTC negotiation is a prerogative of sovereign States,
and
requires the establishment of a
formal negotiating body. Only the World Health Assembly has the legal
authority to launch the
negotiating process. The accelerated work plan and the draft resolution
proposed by the
Secretariat suggests that an
Intergovernmental Negotiating Committee be established by the Assembly to
proceed with formal negotiations.
The role of the WHO Secretariat in this process is to provide technical
support and advice to Member
States in the negotiation of the FCTC and related protocols.
9. What are the roles of the FCTC
Working Group and the Intergovernmental Negotiating Body?
World Health Assembly Resoltuion
WHA 52.18, which describes the FCTC Working Group and
Intergovernmental Negotiating
Body, maps out an integrated process for developing the FCTC and possible
related protocols with the full
participation of Member States. During the May 1999 World Health Assembly,
Member States established both a
FCTC Working Group and an Intergovernmental Negotiating Body. The
mission of the FCTC Working
Group, which will be open to participation by all WHO Member States and
regional economic integration
organizations, will be to prepare proposed draft elements of the FCTC and
to
submit a report to the
Fifty-Third World Health Assembly. The first meeting of the FCTC Working
Group is
planned to take place in Geneva,
October 1999. Formal negotiations will commence with the convening of the
first meeting of the
Intergovernmental Negotiating Body by the Director-General, which is
expected to occur in
May 2000. The Intergovernmental
Negotiating Body which will be open to participation by all WHO Member
States and regional economic
integration organizations, will be charged with the responsibility of
negotiating
the text of the Convention and
possible related protocols. In addition, the States, organizations and
entities
referred to in paragraph 3 (6) of
Resolution WHA 52.18 will be invited to participate as observers in the
FCTC
Working Group and the
Intergovernmental Negotiating Body.
10. Who is going to pay for the
FCTC?
The budget for the FCTC will,
initially, need to be financed through extra-budgetary funding. These
costs will
include WHO technical support,
support for intergovernmental technical and negotiation meetings, and
support
for the establishment of FCTC
national commissions to provide support for the process within countries.
In
the medium to long-term regular
budget funds will be required to ensure sustained implementation.
In particular, developing
countries will require financial and technical assistance to participate
in the process of
formulating the FCTC. In this
regard, the recent technical consultation in Vancouver recommended that
WHO
establish a separate Trust Fund
for this purpose.
Resources will also be required
during the implementation phase. Funds will be necessary to help countries
build capacity and participate in
global and national tobacco control activities. In this respect, provision
should
be made in the FCTC for the
establishment of a Multilateral Trust Fund, with contributions from
governments, international
agencies, and private sources.
11. Will resources from on-going
tobacco control be diverted to the FCTC process?
New extra-budgetary funds will
need to be committed to the FCTC process, but no previously allocated
funds
for tobacco control will be
diverted to support the FCTC process. Support to the FCTC should be seen
as an
integral part of supporting
national and global tobacco control. In reality, the successful adoption
of the FCTC
will likely result in a marked
increase in financial resources for tobacco control both within countries
and at the
international level. The FCTC,
when adopted, will ensure that tobacco control is given a higher political
profile. The adoption of the FCTC
represents a barometer of success or failure in placing tobacco control
front
and centre on the global stage.
The environmental movement has
been successful in having numerous multilateral binding agreements adopted
at the international level, and
as part of some of these agreements, for example the 1987 Montreal
Protocol on
Substances that Deplete the Ozone
Layer, significant financial resources have been made available to assist
developing countries. Similarly,
the FCTC could facilitate global cooperative actions, including the flow
of
additional financial resources.
12. What will happen to economies
that depend on tobacco?
The widely held perception that
tobacco control will lead to loss of revenues is really a perception! In
reality,
the numbers are heavily in favor
of moving away from tobacco cultivation. Recent economic analyses, for
example World Bank data in
"Curbing the Epidemic -Government and the Economics of Tobacco Control",
as
well as the publication, "The
Economics of Tobacco Control: Towards an optimal policy mix", show that
the
social and health costs of
tobacco far outweigh the direct economic benefits that may be possible
because of
tobacco cultivation.
The tobacco industry relies on
the argument that there are no real crop or other substitution options. It
is
reasonable to assume that
consumers who stop smoking will reallocate their tobacco expenditure to
other goods
and services in the economy.
Therefore, falling employment in the tobacco industry will be offset by
increases
in employment in other
industries. However, in the short-term, for countries which rely heavily
on tobacco
exports (i.e. the economy is a
net exporter of tobacco), economic/ agricultural diversification will
likely entail
employment losses.
The FCTC takes a long-term view
of agricultural diversification. The framework-protocol approach provides
for
an evolutionary approach to
developing an international legal regime for tobacco control, and thus all
issues
will not need to be addressed at
the same time. Further, the need for a multilateral fund to assist those
countries which will bear the
highest adjustment cost needs to be established. The FCTC will probably be
the
first instrument seeking global
support for tobacco farmers.
Also, it is worth noting that the
current 1.1 billion smokers in the world are predicted to rise to 1.64
billion by
2025, mainly due to population
increases in developing countries. Therefore, tobacco growing countries
are
extremely unlikely to suffer
economically from any tobacco control measures such as the FCTC.
13. Which ministries are expected
to be involved in the negotiations?
In addition to the leading role
of the Ministries of Health, Ministries of Foreign Affairs typically take
a lead
role in the negotiation of
conventions/treaties. Ministries of Finance, Environment, Labour, Justice,
Foreign
Trade, Education and Agriculture
will also be expected to come into the ambit of the negotiations at some
point.
14. Do internationally binding
conventions/treaties lead to action and tangible results?
Adopting an international
agreement can make a significant difference. For example:
Production and consumption
of substances that deplete the stratospheric ozone layer have declined
dramatically over the last
decade, as a result of the Montreal Ozone Protocol.
The General Agreement on
Tariffs and Trade has brought down trade barriers and promoted the
expansion of international
trade.
Arms control agreements
have limited nuclear weapons proliferation and have led to a substantial
reduction in the arsenals
of the nuclear powers.
Can international agreements
affect the behaviour of States?
In some cases, international agreements establish
meaningful enforcement
mechanisms, such as the World Trade Organization's dispute settlement
system. But
even in the absence of such
mechanisms, an international agreement can:
establish review
mechanisms that focus pressure on States by holding them up to public
scrutiny;
articulate legal rules that may be enforceable in domestic courts;
provide supporters within national governments with additional leverage to
pursue the treaty's goals.
Thus, while treaties rarely cause
a state to immediately reverse its behaviour, they can produce significant
shifts
in behaviour, both because they
change a State's calculation of costs and benefits, and because most
states feel
that they ought to comply with
their promises.
15. Why should the FCTC be
developed and negotiated under the auspices of the World Health
Organization, rather than, for
example, under the umbrella of the United Nations?
The World Health Organization is
the only international multilateral organization that brings together the
technical and public health
expertise necessary to serve as a platform for the negotiation and
effective
implementation of the Framework
Convention on Tobacco Control. Although the United Nations also has the
legal authority to sponsor the
creation of international instruments on tobacco control, the UN has
neither the
specialized technical expertise
nor, perhaps, the time to engage in negotiating complex standards on
tobacco
control, particularly if
extensive negotiation of the Convention is required.
Complex technical standards on
tobacco control should be established and monitored by WHO, the primary
specialized agency in public
health. In WHA 49.17 Member States recognized the unique capacity of WHO
to
serve as a platform for the
adoption of the FCTC by calling upon the Organization to initiate the
development
of the Convention.
However, in so far as the
ultimate goal of global tobacco control may require the regulation of
areas falling
within the mandate of other
United Nations' Bodies establishment of a joint negotiating mechanism,
especially
with regard to possible
specialized protocols, could be considered as an option.
16. What linkages will the work
on the FCTC have with other regional /international agreements,
which could have added value for
the FCTC?
Under the WHO/UNICEF project,
"Building alliances and taking action to create a generation of
tobacco-free children and youth",
supported by the United Nations Foundation, a review of the Convention
on the Rights of the Child with
respect to tobacco control, is currently being conducted. Also, with
respect to
TFI's work on strengthening the
role of women in global tobacco control, possible links between the FCTC
and the United Nation's
Convention on the Elimination of all Forms of Discrimination Against Women
(CEDAW), will be considered.
Links between the FCTC and other international treaties addressing issues
such
as smuggling will also be
examined. Furthermore, all efforts will be made to build on proposed and
existing
regional tobacco control
agreements.
____________________
Reference is made to the
"Convention on the prohibition and restrictions on the use of certain
conventional
weapons which may be deemed to be
excessively injurious or to have indiscriminate effects" (1980).