[Intl-tobacco] TFK statement on FCTC

[Robert Weissman]

28 Nov 12:50
TFK Statement: Tobacco Treaty Negotiations Make Progress Despite
Continued U.S. Efforts to Weaken Key Provisions
To: National Desk
Contact: Joel Spivak (Washington), 202-296-5469
Vince Willmore (Geneva), 011-41-79-470-1645
both of the Campaign for Tobacco Free Kids,

GENEVA, Nov. 28 /U.S. Newswire/ -- Despite continued efforts by  the
United States to weaken key provisions, negotiators over the  past week
have continued to make progress toward achieving a strong  and effective
Framework Convention on Tobacco Control that can  reduce the death and
disease tobacco use causes around the world.  It is disappointing that
the United States continues to take  positions on tobacco advertising,
consumer protection, trade and  other issues that would protect the
interests of the tobacco  industry rather than public health. However,
it is heartening that  nations from Africa, Asia, the Middle East and
other regions that  are the latest targets of the tobacco industry's
marketing barrage  have taken strong positions and have succeeded in
keeping them  under consideration as the negotiating process moves
forward.

National delegations in this third round of negotiations have  worked to
streamline an unwieldy draft text that consisted of  different and often
conflicting approaches to key issues. We are  encouraged that they have
produced a more concise text for further  negotiation that includes
strong provisions on almost every major  issue, from advertising to
smuggling to product regulation. One of  the few exceptions is the
provision on clean indoor air, which  falls short of calling for
measures to prohibit smoking in all  public and private indoor
workplaces. While other weak provisions  are also under consideration,
the stage has been set to achieve a  meaningful Convention if nations
choose to take forceful action to  protect the public health rather than
settle for the least common  denominator among their positions.

While the United States took a more conciliatory approach at  this round
of negotiations than the last, the change in tone was,  for the most
part, not matched by a change in substance. Here are  a few examples of
how the U.S. sought to weaken the proposed  treaty:   -- On the same day
as the release of a National Cancer Institute  report finding that the
tobacco industry's use of the terms "light"  and "low-tar" is deceptive
and harmful to public health, the U.S.  continued to oppose a total ban
on these and similar terms.  Fortunately, text that is still under
consideration and supported  by a broad range of nations would ban such
terms.

-- While many nations support a total ban on tobacco  advertising, the
United States has opposed such a ban, citing  constitutional concerns.
When offered a compromise allowing each  nation to act "in conformity
with its national Constitution," the  United States sought to add a
giant loophole by allowing  advertising that conforms to "domestic law."
Such a condition  would not obligate nations to take any new steps to
ban or restrict  tobacco advertising.

-- The U.S. has also disagreed with the majority of nations on  the
issue of trade and public health. Many nations have advocated
provisions that would give priority to public health measures when  such
measures are examined for compatibility with other  international
agreements. The chair of one negotiating session  pointedly noted that
nations had agreed to this principle for the  first time during the
recent World Trade Organization meeting in  Doha, Qatar (the issue in
Doha was developing nation's access to  affordable AIDS drugs). While
other nations favor health over  trade, the U.S. proposed the following
contrary language: "The  parties agree that tobacco control measures
shall be transparent,  non-discriminatory and implemented in accordance
with their  international obligations."

The U.S. took a more constructive approach to the important  issue of
cigarette smuggling by proposing the simultaneous  negotiation of a
separate protocol - a more detailed addendum to  the Convention - that
would commit nations to take specific steps  to combat smuggling, which
undermines tobacco control measures such  as price increases. The U.S.
position would likely result in faster  action to address this urgent
issue than if nations waited until  after the completion of the
Convention, now scheduled for May 2003.  However, the U.S. proposal on
smuggling lacked any detail. In  addition, the United States'
credibility with other nations on the  smuggling issue was undermined by
the weak positions it took on  other issues.

While we are encouraged by the progress made at this round of
negotiations, we remain concerned that a strong treaty will  continue to
be undermined by the United States, along with Japan  and a small
minority of other nations that have supported positions  favorable to
the tobacco industry. The world would pay a high price  if these nations
were to succeed in weakening the treaty. Tobacco  is the leading
preventable cause of death in the United States,  killing more than
400,000 Americans every year. Worldwide, about  four million people die
each year from tobacco-related disease,  with this figure projected to
rise to about 10 million per year by  2030. This week's negotiations
gives us hope that the Framework  Convention on Tobacco Control will
commit nations to the strong  action needed to address this epidemic.