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The World Health Organization Framework Convention on Tobacco Control
Allyn L. TaylorGeorgetown University Law Center
Time Time MagazineMagazine
Rationale for an International Legal Strategy for Global Tobacco Control
Global burden of disease
Globalization of the tobacco epidemic
Tobacco Control is an International Legal Tobacco Control is an International Legal Concern: Global Burden of DiseaseConcern: Global Burden of Disease
Tobacco use kills 5.4 million people a year.
Based on current trends, tobacco will cause 8 million annual deaths by 2030, with 80% of those deaths occurring in developing countries.
By 2020, it is estimated that only 15% of the world’s smokers will live in developed countries.
WHO
Industrialized NationsTobacco-Related Death is a Major “Epidemic” in Developed
Nations50 Year Estimates, Death From Smoking 1950-2000
Developed Countries Only
Age at Death Male Female
35-69 33 million 4.8 million
70+ 19 million 5.7 million
Total 52 million 10.5 millionPeto and Lopez
Legislation for Tobacco Control
Fiscal measures (taxes and subsidies) Discouraging consumption by young people
(including access and appeal of tobacco) Environmental tobacco smoke measures Packaging and labeling of tobacco products Measures to control advertising, promotion
and sponsorship Mandatory health education Measures to control smuggling Treatment of tobacco dependence Regulation of the tobacco product Ruth Roemer, JD
1918-2005
Why is Domestic Legislation Important?
“Legislation can express government policy on the production, promotion and use of tobacco; emphasize government’s commitment to combating smoking by allocating resources to effective anti-tobacco programmes; launch governmental and voluntary anti-smoking activities; encourage smokers to stop smoking and dissuade potential smokers from starting to smoke; protect the rights of non-smokers from passive smoking; and contribute to a climate of opinion and social pressure in which smoking is unacceptable.” Source: Ruth Roemer
Globalization of the Tobacco Epidemic: The Contribution of International
Lawmaking to Global Tobacco Control
Globalization of the Tobacco Epidemic: The Contribution of International
Lawmaking to Global Tobacco Control
The tobacco epidemic is being spread and reinforced through complex mix of factors that transcend national borders
Globalization of the epidemic restricts the capacity of countries to regulate tobacco through domestic legislation alone
Impact of International Trade Liberalization on Tobacco Consumption
The recent trend towards the increased liberalization of trade in most good and services has significantly reduced high-tariff and non-tariff barriers to trade in tobacco and tobacco products and contributed to the sharp increase in tobacco use in many low-income and middle income countries.
(Taylor, Chaloupka, Guindon & Corbett, 2000)
Transnational Dimensions of Tobacco Control
Taxes and prices Smuggling Advertising and
sponsorship Tobacco package design
and labeling
Tobacco and agricultural policy
Testing, reporting and regulation of toxic and other constituents
International cooperation and information sharing
Duty free tobacco products
Transnational Dimensions of Advertising and Promotion: Spillover
Cable and satellite television
Movies and films Foreign newspapers
and magazines Internet Product promotion
Global Dimensions of Illicit Trade in Tobacco Products
Illicit trade in tobacco – smuggling, counterfeiting and other illegal manufacture as well as bootlegging - is a major international problem.
In 2006 it was estimated that illicit trade accounts for 10.7% of global cigarette sales or almost 600 billion cigarettes.
Illicit trade deprives governments of US$ billions in taxation, fuels organized crime and undermines tobacco control efforts.
Framework Convention-Protocol Approach A Dynamic Model of Global Standard-Setting
No technical legal meaning
Step 1: Framework Convention International cooperation in achieving broadly stated
goals and institutions for global governance. Future Steps: Protocols
Specific measures designed to implement goalsof the framework convention or add further institutional commitments.
Treatment of tobacco dependence
Possible Protocols to the FCTC
Agricultural policies
Environmental Tobacco SmokeHealth Education & Research
Testing and reporting of ingredientsProduct regulation
Advertising and sponsorshipProtecting children and adolescents
Illicit Trade
Duty-free salesTobacco
taxes/price
Examples of the Framework Convention- Protocol Approach
UNEP Regional Seas Agreement (e.g., Barcelona Convention 1976)
Long-Range Transboundary Air Pollution Convention (1979)
Vienna Convention for the Protection of the Ozone Layer (1985)
Framework Convention on Climate Change (1992)
European Convention on Human Rights and Biomedicine (1997)
Protocols on specific problems (oil spills, ocean dumping, protected areas)
Protocols on specific pollutants
Montreal Protocol on Substances that Deplete the Ozone Layer (1987)
Kyoto Protocol (1997)
Protocols on human cloning and transplantation of human organs and tissues (1999)
WHA Resolution 49.17: A Framework Convention for Tobacco Control (1996)
The World Health Assembly called upon the Director General of WHO to
initiate development of a framework convention in accordance with Article 19 of the WHO Constitution to: deal with aspects of tobacco control that
transcend national boundaries
include a strategy to encourage member nations to move progressively towards adoption of comprehensive tobacco control policies
A WHO Framework Convention: From Rationale to ‘Ripeness’
Evolution of WHO’s traditional organizational culture:
Election of Dr Gro Harlem Brundtland
Limitations of traditional public health measures
Tobacco litigation in the US: Evolution of public
image of industry Damage awards
FCTC Timeline•First Session of the INB (October 2000) Chair’s Text: January 2001
•First Session of the INB (October 2000) Chair’s Text: January 2001
•Second Session (April 2001)
•Third Session (November 2001)
•Fourth Session (March 2002)
•Fifth Session (October 2002)
•Sixth Session (February 2003)
•Second Session (April 2001)
•Third Session (November 2001)
•Fourth Session (March 2002)
•Fifth Session (October 2002)
•Sixth Session (February 2003)
•Adoption (May 2003)•Entry into Force (February 2005) •Adoption (May 2003)•Entry into Force (February 2005)
Substantive and Procedural Limitations of the FCTC: Challenges of Global Lawmaking
(with thanks to Jackson Pollock)
Framework Conventions: General Obligations
National measures to combat the problem Education, training, public awareness Cooperation in scientific research Financial and technical assistance
The FCTC: A Catalog of Substantive Obligations
General Obligations (Art. 5). Measures Relating to Reduction of Demand (Arts. 6-14).
Price and tax measures; environmental tobacco smoke; regulation of tobacco product contents; tobacco product disclosures; packaging and labelling; advertising, and; cessation.
Measures Relating to Reduction of Supply (Arts.15-17). Protection of Environment (Article 18). Scientific and Technical Cooperation and Communication
of Information (Articles 20-22).
Article 16: Sales to and by minors
1. Each Party shall adopt and implement effective, legislative, executive, administrative or other measures at the appropriate government level to prohibit the sales of tobacco products to persons under the age set by domestic law, national law or eighteen. These measures may include…
2. Each Party shall prohibit or promote the prohibition of the distribution of free tobacco products to the public, especially minors.
Article 16: Sales to and by minors
3. Each Party shall endeavor to prohibit the sale of cigarettes individually or in small packets which increase the affordability of such products to minors.
6. Each Party shall adopt and implement effective legislative, executive, administrative or other measures, including penalties against sellers and distributors , in order to ensure compliance with obligations contained in paragraphs 1-5 of this Article.
The FCTC: A Limited Institutional Framework
Scienceadvisory
body
Implementationbody
Financial mechanism
Meeting of the contracting parties
Secretariat
Challenges to Global Tobacco Lawmaking: The Tobacco Industry
Economic interests: tobacco tax revenue.
Industry ‘interference’ with international negotiations.
Role of industry on governmental delegations.
Liberty: WHO and the ‘Nanny State.’
The Tobacco Industry and Liberty
Smoking is a civil right,Those who don’t should join the fight.For if one right does disappear.The loss of others may be near….Too many calories can cause you to die,So let’s have a ban on apple pie.Once a government restricts a right,The end will never be near in sight.There is a lesson here and it is no joke, I once had the
right to smoke!Philip Morris Magazine
Lessons From the FCTC Process: Challenges to Tobacco Lawmaking
Powerful industry opposition to tobacco control.
Lack of strong international NGO presence.
Inexperienced secretariat.
Failure of nations to “take tobacco control seriously.”
The Final FCTC Text: Challenges in Promoting The Final FCTC Text: Challenges in Promoting Treaty ComplianceTreaty Compliance
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The impact of the FCTC and FCTC negotiation process on global tobacco control: the ‘power of the
process’
The sheer process of negotiating an international instrument can stimulate national action and international cooperation long before instrument is adopted:
Negotiation process can bring an issue to the global stage.
Negotiation process can bring together different ministries within national governments to forge national solutions.
Negotiation process can encourage the development of national coalitions and international partnerships.
Negotiation process can promote the development and coordination of civil society, nationally and internationally.
The Contribution of FCTC to Global Tobacco Control: Creation of a Global Forum to Highlight Tobacco Control
•Entry into Force (February 2005)
•First Meeting of the Conference of the Parties (February 2006)
•Second Meeting of the COP (June 2007) •Third Meeting of the COP (November 2008)
• 3 Sessions of INB on Protocol on Illicit Trade (July 2007, October 2008 and July 2009)