The Framework Convention on Tobacco Control

Mamadou Bamba SagnaTobacco Control Expert

ACBF

Outline

• What is the WHO FCTC? • Overview of obligations • Role of the Conference of the Parties• Implementation guidelines• The Protocol to Eliminate Illicit Trade in Tobacco

Products

TOBACCO USE IS THE LEADING PREVENTABLE CAUSE OF DEATH IN THE WORLD

WHO FCTC

The WHO FCTC is the World Health Organization’s Framework Convention on Tobacco Control It is also known as the “FCTC,” “Treaty,” “Framework

Convention,” or the “Convention”

Parties (currently 180): countries bound to follow the provisions of the Treaty

Member states (currently 193): countries that are members of the World Health Organization

Entered into force on 27th February 2005

WHO FCTCThe obligation on parties to implement the Treaty in good faith

The WHO FCTC sets a floor, not a ceiling “… Parties are encouraged to implement measures beyond

those required by this Convention and its protocols …”— FCTC Article 2

“Effective” means evidence based “… effective legislative, executive, administrative or other

measures should be contemplated …”— FCTC Article 4

“In accordance with national law"

Overview of FCTC

The Convention is divided into sections: • Articles 3-5 establish the objective, guiding

principles and general obligations engendered by the treaty;

• Articles 6 to 14: demand-side reduction measures;

• Articles 15-17: supply-side reduction measures;

Objective of the FCTC

Overall objective of the FCTC: “To protect present and future generations from

the devastating health, social, environmental and economic consequences of tobacco consumption and exposure to tobacco smoke … to reduce continually and substantially the prevalence of tobacco use and exposure to tobacco smoke.”

— FCTC Article 3

General ObligationsArticle 5: establishes the basic obligations of parties under the Convention to advance tobacco control efforts through national action and international obligations.

Article 5.3: requires parties to undertake measures to protect tobacco control policies from the interests of the tobacco industry, including the adoption of new legislation when necessary.

Reduces demand:Articles 6–14

• Parties agree to undertake a range of demand reduction and supply reduction measures including in relation to:

• Taxation (art.6);• Protection from exposure to tobacco smoke (art.8); • Tobacco product disclosures (art.9);• Regulation of contents and emissions (art.10);• Packaging and labeling (art.11);• Education, communication, training and public awareness

(art.12);• Tobacco advertising, promotion and sponsorship (art.13); • Cessation (art. 14)

Reduces supply: Articles 15–17

• Illicit trade (art. 15);• Sales to and by minors (art.16); • Provision of support for economically

viable alternative activities (art.17)

Role of the Conference of the Parties

Intergovernmental • Setting of standards • –implementation guidelines, declarations • Building and dissemination of knowledge • –the processes themselves • –the work commissioned, the reports produced • Monitoring of implementation • –consideration of Parties’ reports • –Secretariat’s Global Progress Reports

Role of the Conference of the Parties

• Facilitation of international cooperation • –coming together at COPs and at

intersessional meetings • –cooperation between international

organizations • Mobilisation of resources (of all kinds) to

support implementation

Implementation guidelines adopted • Guidelines on protection against tobacco

industry influence (Article 5.3)• Guidelines on taxation (Article 6)• Guidelines on protection against exposure to

tobacco smoke (Article 8)• Partial guidelines on product disclosure and

regulation (Articles 9 and 10)• guidelines on packaging and labelling (Article

11)

Implementation guidelines adopted

• Guidelines on education, training, communication and public awareness (Article 12);

• Guidelines on advertising, promotion and sponsorship Article (13);

• Guidelines on cessation (Article 14)

The Protocol to Eliminate Illicit Trade in Tobacco Products

First Protocol to the WHO FCTC; Adopted in November 2012 in Seoul by the

Conference of the Parties to the WHO FCTC; New international treaty – ratification and

implementation will require involvement of various government sectors, including public health, customs, law enforcement and justice;

Parties to the protocol: 9 (among them 2 African countries (Congo and Gabon).

THE MANY FACES OF THE TOBACCO INDUSTRY

• DISTRIBUTORS• IMPORTERS• EXPORTERS

• DUTY FREE DISTRIBUTORS

• RETAILERS• DUTY FREE RETAILS• ALLIED AND THIRD-PARTY INDUSTRIES (E.G

ADVERTISING AND HOSPITALITY INDUSTRY) • SMOKERS RIGHT ASSOCIATIONS

• STATE-OWNED, NATIONAL AND MULTINATIONAL TOBACCO COMPANIES• SUBSIDIARIES AND

REPRESENTATIVES

• TOBACCO INDUSTRY FUNDED TOBACCO GROWERS ASSOCIATIONS

• ALLIED AND THIRD PARTY INDUSTRY (E.G PESTICIDES AND OTHER INPUTS)

• LEAF BUYING AND PROCESSING

growing manufacture

distributingselling

FORMS OF TOBACCO INDUSTRY INTERFERENCE IN TOBACCO CONTROL POLICY MAKING

Maneuvering to hijack the political and

legislative process

Exaggerating the

economic importance

of the industry

Manipulating public

opinion to gain the

appearance of

respectability

Fabricating support through

front groups

Discrediting proven science

Intimidating government

s with litigation or

the threat of litigation

THANK YOU ! MERCI !