[Intl-tobacco] Framework Convention Update (Nov 23)

[Robert Weissman]

Framework Convention Update

American Cancer Society, American Heart Association, American Lung
Association, Campaign for Tobacco-Free Kids

November 23, 2001

The world’s nations are meeting Nov. 22-28, 2001, in Geneva,
Switzerland, for the third round of negotiations on the Framework
Convention on Tobacco Control (FCTC), the international tobacco control
treaty proposed by the World Health Organization (WHO).  The Framework
Convention Update will provide periodic reports on developments at the
negotiations, focused on the actions of the U.S. delegation.

U.S. Continues to Oppose Smoking Ban in Private Workplaces
As it did at the previous round of negotiations, the U.S. delegation
Thursday continued to oppose a ban on smoking in private workplaces
during discussion of the secondhand smoke provisions of the FCTC.  The
U.S. did support prohibiting smoking in "enclosed public places, public
transport and indoor premises of government agencies."  However, in
place of a ban, the U.S. called for "the promotion of systemic
protection from exposure to tobacco smoke in restaurants and indoor
private workplaces."  This position stood in contrast to the strong
support expressed for a total ban on workplace smoking by a large number
of countries.  U.S. advocates expressed concern that there is no
scientific basis for the U.S. position and that it would establish a
two-tiered system of protection from secondhand smoke that would aid
efforts by the tobacco industry and its allies to fight enactment of
clean indoor air measures across the globe.  While government employees
would be protected from the dangers of secondhand smoke, which is a
proven cause of cancer and other diseases, most private sector employees
would be left to a discretionary standard of "systemic protection."

U.S. Proposes Early Protocols on Smuggling, Advertising
The U.S. delegation Thursday proposed that delegates negotiate separate
protocols ? more detailed provisions than will be included in the FCTC
itself ? on smuggling and advertising.  "We see selected protocols
negotiated simultaneously with the FCTC as the best way to make progress
toward a final agreement by the end of 2003," the U.S. stated.  However,
several countries expressed concern that simultaneous negotiation of the
Convention and the protocols risks weakening and delaying the Convention
itself.  Advocates believe a protocol on smuggling can be productive if
it leads nations to make specific commitments and take action more
quickly on key issues.  However, they expressed concern that the U.S.
position paper on smuggling was weak and lacked detail.  While calling
on "each party to take all practical and effective measures to combat
smuggling of tobacco products," the U.S. position paper did not call for
steps urged by advocates, such as a ban on duty free sales, a system for
tracking and tracing tobacco products and labeling of the destination
market at the point of manufacture.  On advertising, the U.S. noted the
split between countries that support a total ban on tobacco advertising
and those who have constitutional barriers to such bans, but did not
propose a solution.  Advocates expressed concern that a separate
protocol on advertising is not needed, and may in fact be diversionary,
as a total ban on advertising should be written into the Convention
itself.


Who’s On the U.S. Delegation
The U.S. delegation to the FCTC has been changed substantially since the
last negotiations.  The new Chief Delegate is Dr. Kenneth W. Bernard,
Assistant Surgeon General, Office of the Secretary, Department of Health
and Human Services.  He replaces Dr. Thomas Novotny, who headed the
delegation at the first two negotiations.  Other U.S. delegation members
as listed in the Provisional List of Participants are:
Ms. A.S. Gash, Director for Multilateral Trade and Environment Policy,
Office of the United States Trade Representative.
Ms. R. Henson, Director, Office on Smoking and Health, Centers for
Disease Control and Prevention
Mr. D.E. Hohman, Health Attaché, Permanent Mission, Geneva
Ms. M.C. Jones, Director, Office of Technical Specialized Agencies,
Bureau of International Organization Affairs, Department of State
Mr. J.R. Lom, Attorney, Bureau of Alcohol, Tobacco and Firearms
Ms. E.D. O’Pharrow, Special Agent and Program Manager, Bureau of
Alcohol, Tobacco and Firearms
Mr. T.F. Pechacek, Associate Director for Science, Office on Smoking or
Health, Centers for Disease Control and Prevention
Mr. J.B. Sandage, Attorney-Adviser, Office of the Legal Adviser,
Department of State
Mr. W.R. Steiger, Special Assistant to the Secretary for International
Affairs, Department of Health and Human Services
Mr. G. Young, Office of the Department of Agriculture, Office of the
United States Trade Representative
Dr. J.M. Sharfstein, Committee on Government Reform, House of
Representatives (Congressional observer)
Ms. J.B. Epstein, Private Sector Adviser to the Director, Office of
International and Refugee Health, Department of Health and Human
Services

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