who tobacco free initiative – initiative pour un monde sans tabac who framework convention on...

WHO Tobacco Free Initiative – Initiative pour un monde sans tabacWHO Tobacco Free Initiative – Initiative pour un monde sans tabac

WHOWHOFRAMEWORK CONVENTION FRAMEWORK CONVENTION

ON TOBACCO CONTROLON TOBACCO CONTROL(FCTC)(FCTC)

Accelerating the workAccelerating the work


1. WHAT IS A FRAMEWORK CONVENTION?1. WHAT IS A FRAMEWORK CONVENTION?

FRAMEWORK: BUILDING THE FOUNDATION1. Preamble2. Core elements of guiding principles, general objectives and obligations3. Implementation mechanisms, law-making processes4. Institutional elements5. Final provisions

PROTOCOLS: THE DETAILSSeparate issues, separate binding agreements

.....AN, INCREMENTAL, EVOLUTIONARY PROCESS.......


1. What is the FCTC?1. What is the FCTC?

• First time that the 191 WHO Member States have used Article 19 of the WHO constitution.

• If adopted it will be the first global, multilateral convention focusing specifically on a public health issue.


2. When will it be completed?2. When will it be completed?

• The accelerated work plan, endorsed by the WHO Cabinet, September 1998: foresees adoption of FCTC and related protocols by the World Health Assembly no later than May, 2003

• Each negotiating process is unique, and if WHO Member States decide to accelerate the process the negotiations could be completed earlier

• Framework Convention and protocols could be negotiated at the same time: would save time and scarce financial resources.


3. How will the FCTC help international tobacco control?3. How will the FCTC help international tobacco control?

• Mobilization of technical and financial support/resources for tobacco control

• Raise awareness among ministries and sectors of society

• Strengthened national legislation and action, as agreed norms are translated into national legislative instruments

• Mobilization of NGOs and and other members of civil society


• Improve transnational tobacco control and cooperation through national measures to exchange information and cooperate in scientific research;

• Protocols could address specific obligations to address, inter alia: prices, smuggling, tax-free tobacco products, advertising, testing methods, package design/labeling, information sharing, and agricultural diversification.

3. How will the FCTC help international 3. How will the FCTC help international tobacco control?tobacco control?


3. How will the FCTC help international tobacco control?3. How will the FCTC help international tobacco control?

Unless national and transnational dimensions of tobacco control are addressed in tandem, even the best, most comprehensive national control programmes can be undone.


4. What is the difference between a treaty, a 4. What is the difference between a treaty, a convention, a protocol, and a resolution?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 is a form of treaty

• A protocol is also a type of treaty, which typically supplements, amends, or qualifies an existing international agreement

• A resolution is an expression of common interest of States to specific areas of international cooperation


5. Which of the above is legally binding?5. Which of the above is legally binding?

• Treaties are legally binding: a framework convention involvesmore general obligations, while protocols involve more specific obligations

• A resolution is non-binding and does not entail any substantive legal obligations.


6. Wouldn’t a resolution suffice?6. Wouldn’t a resolution suffice?

• A resolution (s) is not sufficient to deal effectively with the public health threats associated with tobacco trade, its marketing, and use.

• Over the past 25 years the WHA has adopted 16 resolutions on different aspects of tobacco control.

• This piece-meal approach is too informal to have a lasting effect: a higher-level of international cooperation/ commitment is called for.

• Declaratory resolutions in other international/regional fora could be helpful to catalyze the FCTC process.


6. Wouldn’t a resolution suffice?6. Wouldn’t a resolution suffice?

• The FCTC provides the foundation for the developmentof an international legal mechanism which has a long-term horizon

• The FCTC and related protocols will foster sustainedcommitment between States in addressing one of the most serious public health problems in the world.

THE FCTC IS A LEGAL INSTRUMENT IN SERVICE OF GLOBAL PUBLIC HEALTH....


7. What happened to the process started in 1996? Wasn’t 7. What happened to the process started in 1996? Wasn’t there a work plan then?there a work plan then?

• WHA Res. 49.17 calls upon the Director-General to “initiate the development of a Framework Convention”

• No previous precedents for developing a detailed work plan

• 1996-98: preliminary technical work performed and a preliminary timetable was prepared

• No detailed work plan for the negotiation of the FCTC before establishment of TFI


8. The WHO already has a mandate to commence negotiations8. The WHO already has a mandate to commence negotiationsWhy are you seeking it again?Why are you seeking it again?

• WHA Res. 49.17 gives the Director-General a mandate to initiate preparatory work in developing a Framework Convention

• It DOES NOT provide the Director-General a mandate to commence negotiations.

• The negotiation of the FCTC is a prerogative of sovereign States, and therefore, requires the establishment of a formal negotiating body/mechanism.

• The role of the WHO Secretariat is to provide technical supportand advice to Member States during negotiations.


9. Why have so many committees and groups? Why not go for a single 9. Why have so many committees and groups? Why not go for a single negotiating mandate instead of re-visiting the WHA so many times?negotiating mandate instead of re-visiting the WHA so many times?

• The suggestion of an Ad Hoc Working Group, Intergovernmental Negotiating Committee and Intergovernmental Conference are only suggestions

• A certain degree of flexibility exists: an Intergovernmental Conference may not be necessary

• The WHA would have the authority to authorize the establishment of an Intergovernmental Negotiating Committee even earlier than year 2000, if it deemed this to be more efficient/expedient.


10. Who is going to pay for the FCTC?10. Who is going to pay for the FCTC?

• Will need to be financed through extra-budgetary funding, initially

• In the medium to long-term regular budget funds will required to ensure sustained implementation

• In particular, developing countries will require financial and technical assistance in the process of formulating the FCTC (Vancouver expert meeting: recommended a separate trust fund).


11. Will resources from on-going tobacco control be 11. Will resources from on-going tobacco control be diverted to the FCTC process?diverted to the FCTC process?

• New extra-budgetary funds will need to be committed to the FCTCprocess, but no previously allocated funds will be diverted.

• In the medium to long-term new regular budget funds will need to be allocated for the supervision and implementation of the FCTC and related protocols.

• With successful adoption of the FCTC, the higher political profile given to tobacco should ensure sustained financial support.


12. What will happen to economies that depend on tobacco?12. What will happen to economies that depend on tobacco?

• Social and health costs of tobacco far outweigh the direct economic benefits of tobacco cultivation and manufacture (World Bank research, and The Economics of Tobacco Control: Towards an optimal policy mix)

• Tobacco industry relies on the argument that there are no real crop or other substitution options, an argument which has been contested.

• In the short-term countries which rely heavily on tobacco exports could entail employment losses with economic/agricultural diversification.

• The FCTC would be the first international instrument to seek globalsupport for tobacco farmers.


13. Which ministries are expected to be involved in the 13. Which ministries are expected to be involved in the negotiations?negotiations?

• In addition to Ministries of Health, Ministries of Foreign Affairs take a prominent 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 negotiations at some point.


1. FCTC: Possible Elements1. FCTC: Possible Elements

Preamble

Core elements of guiding principles, general objectives and obligations

Implementation mechanisms

Institutional elements

Final provisions


3. Possible Related Protocols3. Possible Related Protocols

Protecting children and youth from tobacco products

Maintaining the low level of smoking among women in many developing countries

Controlling smuggling


FCTC: A legal instrument in service of healthFCTC: A legal instrument in service of health

The spectacular rise and spread of tobacco consumption around the world is a challenge and an opportunity for the WHO.

The FCTC negotiations and the adoption of the Convention should be seen as a process and a product in service of public health

who tobacco free initiative – initiative pour un monde sans tabac who framework convention on...

Documents

international tobacco

tobacco control fctc

transnational tobacco

monde sans tabac

taxfree tobacco products

work slide

international law

earlier framework convention