The Framework Convention: Globalizing Tobacco Control

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The Framework ConventionGlobalizing Tobacco
Control

• D. Douglas Blanke
• Reducing Tobacco Use
• Research into Action
• February 28, 2005

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The Framework Convention on Tobacco Control

• The most important treaty you never heard of
• The first international treaty on public health
• The new framework for global tobacco control

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The Framework Convention on Tobacco Control

• Has been in force since . . .
• Yesterday

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What is a framework convention?

• A global treaty creating a general set of
  principles and duties for nations to address a
  broad subject area a framework for approaching
  a problem
• Details are then fleshed out through negotiation
  of more specific regulations protocols to
  cover aspects of the subject

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What is a framework convention?

• Example Framework Convention on Climate Change
  sets framework for addressing global warming
• Kyoto Protocol fleshes out by the treaty, creates
  specific binding rules

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Purpose

• to protect . . . future generations
• . . . by providing a framework for tobacco
  control measures . . . to reduce continually and
  substantially the prevalence of tobacco use . .
  ..
• FCTC, Article 3

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Some of the areas addressed

• Advertising
• Labeling
• Taxation
• Secondhand smoke
• Counter-marketing

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Some of the areas addressed

• Sales practices
• Smuggling
• Product regulation
• Liability

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Origins

• Developed under the auspices and leadership of
  the World Health Organization
• The idea had been proposed in the early 1990s
• In 1998 became a centerpiece initiative of
  Director General Dr. Gro Harlem Brundtland

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The Treaty Process

• 1999 to 2000 Informal working groups, first
  public hearings on health
• 2000 to 2003 treaty negotiations
• May 2003 language approved
• 2003 to present ratification process
  countries deciding whether to become legally
  bound by the treaty
• February 27, 2005 treaty enters into force

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Obstacles to a strong treaty

• Opposition of U.S. and tobacco producers Japan
  and China German opposition within E.U.
• Lack of resources, technical knowledge in
  developing countries
• Efforts to exclude and marginalize NGOs

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Decisive factors in success

• Effective organizing and advocacy by NGO
  coalition
• Leadership of some African nations in organizing
  unified voices
• Emergence of unified blocs of developing
  countries in Africa, Southeast Asia and Pacific
  Islands

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NGOs

• well organized and outspoken
• exerted tremendous influence over the course of
  the negotiations
• many of the delegationsended up turning to the
  NGOs as their primary source of information.
• U.S. Delegate

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Result

• Treaty language stronger than observers had
  predicted or expected.
• U.S. denounced the treaty text and attempted to
  persuade other countries to oppose it, but
  without success.
• Shortly before the vote, Secretary of Health and
  Human Services Tommy Thompson announced Im
  going to support the treaty, much to the
  surprise of many around the world.
• May 2003 treaty language approved by unanimous
  vote of 192 member countries of the WHO.

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Key Provisions Advertising
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Key Provisions Advertising
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Key Provisions Advertising
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Key Provisions Advertising
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Key Provisions Advertising

• Requires complete ban on all advertising and
  sponsorships, direct and indirect
• Countries have five years to act
• Countries that cannot constitutionally ban
  advertising must restrict it within the limits of
  their constitutions, including cross-border
  advertising and sponsorships

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Key Provisions Labeling

• Warning labels must be in the local language
• Must cover at least 30 percent of the
  principal display areas of the package
• Fifty percent is recognized as preferable

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Key Provisions Labeling

• State-of-the-art label, Canada

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Key Provisions Labeling

• State-of-the-art label, Brazil

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Key Provisions Labeling

• State-of-the-art label, Brazil

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Key Provisions Secondhand Smoke
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Key Provisions Secondhand Smoke

• Declares it unequivocally established that
  secondhand smoke causes death and disease
• Requires parties to adopt effective . . .
  measures to protect against exposure in indoor
  workplaces and indoor public places

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Key Provisions Taxation
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Key Provisions Taxation

• Recognizes that tax and price increases are
  effective in reducing consumption
• Requires countries to consider health objectives
  in setting tobacco taxes

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Key Provisions Product Regulation

• Requires that ingredients be disclosed to
  government and toxic contents disclosed to public
• Calls for development of global standards for
  product regulation
• Requires bans on the use of misleading
  descriptive terms. These may include terms such
  as light cigarettes.

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Key Provisions Sales
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Key provisions Sales

• Sales to minors must be banned
• Free samples must be banned
• Sale of individual cigarettes must be banned
• Suggested, but not mandatory, measures include
  bans on self-service sales, making vending
  machines inaccessible to minors, and banning
  candy cigarettes

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Other key provisions

• Countries must promote comprehensive public
  education campaigns
• Smuggling controls
• Recognition of liability issues as an essential
  element of tobacco control
• Countries must strive to cover cessation benefits
  in national health services

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Status

• Ratified by 57 countries, representing 37 of the
  worlds population
• Many more ratifications expected
• Among the countries ratifying India, Japan,
  France, Germany, Spain, Canada, Australia, United
  Kingdom, Pakistan

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Status of U.S. Participation

• U.S. has signed, indicating its intent to
  seek Senate ratification
• Treaty has not been submitted to Senate for
  consideration
• Advocacy groups have called for U.S. ratification

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The Framework Convention What It Means for the
U.S.

• For advocates in the U.S. the treaty sets a new
  global benchmark of what the world expects and
  science requires

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The Framework Convention What It Means for the
World

• For the world advocacy community a galvanizing
  force for emergence of a global movement
• For the worlds governments a potentially
  transformative catalyst for action

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The Framework Convention Alliance of NGOs

• www.fctc.org

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Treaty text

• http//www.who.int/tobacco/framework/final_text/en
  /

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www.tobaccolawcenter.org