Dedicated to Fighting the World Wide Smoking Epidemic by
Supporting a Strong WHO-Sponsored Tobacco Control Treaty

Action on Smoking and Health
A National Charitable Antismoking &
Nonsmokers' Rights Organization
 Supported by Tax-Deductible Contributionssmoking, health, nonsmokers rights, smoking statisticstobacco settlement, smoking effects, womens health, lung cancer

  Home Page  |  Subscribe | About ASH

Deutsch | Español | Français | Italiano

 

Urge the US to Ratify the FCTC

Why the Problem is So Important

How the Treaty Would Help

Where the Treaty Stands Now

Current Proposed Text of Treaty

Upcoming Events

FCA Ratification Workshops

US Position

ASH's Position

How You Can Help

Important Documents

Sites With Important Information

News

Contact ASH

Join ASH

Where does the Treaty Stand Now?

Please check the official FCTC website at http://fctc.org for the latest information on the FCTC and its current status.

Tobacco kills almost five million people each year. If current trends continue, it is projected to kill 10 million people a year by 2020, with 70% of those deaths occurring in developing countries. Tobacco also takes an enormous toll in health care costs, lost productivity, and of course the intangible costs of the pain and suffering inflicted upon smokers, passive smokers and their families.

In May 2003, the member countries of the World Health Organization adopted an historic tobacco control treaty, the Framework Convention on Tobacco Control (FCTC), which has the potential to reduce this terrible toll.

FCTC TEXT AND SUMMARY AVAILABLE ON THE INTERNET

The full text of the draft FCTC is available on the internet at:
http://www.who.int/gb/fctc/PDF/inb6/einb65.pdf

The last and final round of negotiations took place between February 17th through February 28, 2003 in Geneva. The following text is the result of the negotiations. Draft WHO framework convention on tobacco control

The Nations of the World have taken action to reduce the global tobacco epidemic by creating a fairly strong Framework Convention on Tobacco Control (FCTC) during the last round of negotiations that ended on February 28, 2003. While the treaty does not require the adoption of all the policies that it recommends, it does provide countries with a roadmap for enacting strong, science-based policies that can save lives and improve health.

Of course, some weaknesses remain in the text and some may argue that the final text is not fully proportional to the disease and death caused by tobacco. However, we now have a treaty that will provide countries with the basic tools for enacting comprehensive tobacco control legislation and take on the tobacco industry. Now, the key to the treaty's success is whether individual nations will begin implementing the strong measures contained in the FCTC.

The Convention requires countries to adopt the following policies proven to reduce smoking and save lives:
· Within five years of ratification, enact a comprehensive ban on tobacco advertising, promotion and sponsorship, with an exception for nations with constitutional constraints.
· Implement warnings of at least 30% or more of the principal display areas of the pack. Countries have the option of using pictures or pictograms. While 50% minimum was the preferred size recommended by public health groups, the text enables countries to start with a significant size, which is far better than miniscule warnings or no warnings in many countries.
· Implement measures to tackle the illicit trade of tobacco products.

The Convention entreats countries to:
· Ban misleading descriptors such as "light"¨ and "mild"¨ on packs.
· Raise tobacco taxes significantly.
· Provide smoke-free air in public spaces and workplaces.
· Consider using litigation to hold the tobacco industry liable for its wrong-doings.

The Convention falls short of expectations by:
· Not banning duty-free sales of cigarettes
· Not banning vending machines,
· By failing to ban deceptive descriptors, such as "light" and "low-tar."

We went into the last round of negotiations with a fairly weak text that did not reflect the wishes expressed by the majority of nations during former rounds of negotiations. Instead, the text expressed the needs of a small number of powerful but selfish countries that are home to large tobacco multinationals such as Philip Morris and Japan Tobacco International and are involved in the export of tobacco products.

The countries that opposed a strong treaty were, as usual, the US, Germany, Japan and China. However, strong blocks and coalitions of developing countries that demanded a strong FCTC had been formed during previous rounds of negotiations.

Those developing countries, which are under assault by massive tobacco industry marketing and political pressure campaigns, fought back in Geneva, and the strengthening of the treaty during this last round of negotiations is a tribute to their courage and persistence in resisting the efforts by the United States, Germany and Japan to weaken the treaty and water down crucial clauses. Developing countries formed a strong alliance with NGOs and championed our positions during the negotiations.

The actions of the United States have been disappointing as usual, especially its persistent efforts to attack provisions of the treaty such as the advertising ban, warning label requirements and protection from exposure to tobacco smoke. To the very end, the United States supported positions that protected the interests of the tobacco industry rather than public health around the world. The U.S. delegation continuously stood in the way of proposals that included tough, enforceable provisions and pressured developing countries that fought for a strong treaty. The treaty would have been even stronger if not for the U.S. efforts.

In addition, the US government may still attempt to attack the treaty before it is presented to the World Health Assembly of the World Health Organization next May.

At the end of the negotiations two countries, the US and Germany, spoke out to say that they could not sign up to this text in May, and stated that they would like to re-open the text again in May. China and Japan gave more tentative responses, but did not voice outright disagreement.

The majority of the 171 countries present during the negotiations support the current text of the Framework Convention on Tobacco Control. The countries that reserved their position on the final text at INB-6 are the following:

United States:
· Minimum warning size (art 11) unacceptable
· Sales to an by minors in 6.2 - role of states not recognized
· Indigenous peoples - they said the language "indigenous individuals and communities" was an unrecognized formulation...
· Definition of advertising and promotion unacceptable
· Definition of sponsorship unacceptable
· Reservations - must be included

Germany:
· Cannot accept advertising language at 13.2 and 13.3 due to priority given to comprehensive ban...


China:
· Against the adoption of protocols by voting (33.2)...ie. want veto by insistence on consensus.

Japan:
· Carefully worded statement that allows Japan to object later - they will have to see if it can all be done.

Cuba:
· Dissented on liability, but agreed on principle not to block the text at the WHA.

The following revised text was used as the basis for negotiations: Chair'text of a framework convention on tobacco control (pdf file)
Chair's text of a framework convention on tobacco control
(Microsoft Word File)

The most recent round of negotiations (INB5) took take place in Geneva between 14-25 October, 2002 (Updates from INB5). The New Chair's text of a framework convention on tobacco control was the document that used as the basis for negotiations.

INB4 took place in Geneva from March 18 to March 24, 2002. Updates from INB4. To view the text that was used as the basis for negotiations click on the following link: INB4 Documents

The third round of negotiations took place in Geneva from November 22 to November 28 2001. The positions and proposals presented by governments during the second round of talks had been incorporated in a revised draft text which included a wide range of amendments that were discussed. Updates from INB3.

The draft for the FCTC called the 'Co-Chairs draft ' that was used during INB3 can be viewed at the following links:
Working Group 1
Working Group 2
Working Group 3
Guidelines for reading the Co-Chairs' working papers
If you want to read the documents in French, Spanish, Arabic, Chinese or Russian go to the following link: http://www.who.int/gb/fctc/inb3/inb3.html

The second round of negotiations were held in Geneva from April 30th to May 5th 2001. Over 150 countries participated at the last round of negotiations. At this meeting states broke into working groups and focused on a draft text of the proposed WHO framework convention on tobacco control drawn up by Mr Celso Amorim, the Brazilian ambassador in Geneva, who chairs the negotiating group.

The draft, which was based on points made during the first negotiating session in October 2000, included proposals for a global ban on all forms of tobacco advertising, promotion, and sponsorship which target young people under 18. Unfortunately, the draft stopped short of advocating an all-out ban, calling instead for ‘‘strict restrictions ’’on tobacco advertising and promotion targeted to adults. As we know, advertising targeted to adults can still be very appealing to youth since it presents smoking as an attractive adult activity.

Other proposals in the draft treaty included the prohibition of tax-free and duty-free sales of tobacco products, price and tax measures aimed at lowering consumption, and an end to subsidies for tobacco production. The draft also proposed measures to crack down on smuggling, limit people’s exposure to second-hand smoke, improve product labeling and health warnings, and encourage people to stop smoking.

Another element that was discussed during the negotiations, was the fact that the FCTC should be given priority over trade agreements. The chairman's text had introduced language that could possibly give priority to trade agreements and undermine the FCTC. The notion of giving priority to the FCTC was overwhelmingly supported by most nations. The US was one of the only nations that spoke in support of trade over public health.

Governments remain split and delegates quickly found themselves in opposition over how vigorously the treaty should clamp down on tobacco advertising, sponsorship,and promotion. African, South Asian, Southeast Asian and Oceanian countries voiced strong support for many effective measures within the FCTC whilst many NGOs criticized the United States for being obstructionist. 

Countries such as the US, Japan and China whose governments have a large stake in Tobacco, are believed by some observers to be opposing the FCTC on commercial grounds. Meanwhile, the developing countries — consisting primarily of the new African bloc of about 50 states, together with some Asian countries, New Zealand, and Australia — argued in support of a strong FCTC with an all-out ban of tobacco advertising. Even Malawi and Zimbabwe —both tobacco- exporting countries —aligned with other African countries in support of a strong FCTC.

PAST FCTC EVENTS:

  • In May 1996, the World Health Assembly (WHA) called on the Director General of the WHO to initiate the development of the FCTC. 
  • A body with the capacity to act as a secretariat to the Convention - the Tobacco Free Initiative - was established at WHO in the summer of 1998. 
  • In May 1999, the World Health Assembly established an FCTC Working Group, open to all member states, to begin preliminary work on drafting possible components of the Framework Convention and possible protocols. 
  • The first meeting of the Working Group was held in Geneva in October 1999 and the second meeting in March 2000. 
  • The Working Group presented its work to the World Health Assembly in May 2000. 
  • Intergovernmental negotiations commenced in October 2000 at what was called the first  session of the Intergovernmental Negotiating Body, which took place from 16 October to 21 October 2001.
  • A second round on negotiations took place from 30 April to 5 May 2001 at the second session of the Intergovernmental Negotiating Body.
  • The third and last round of negotiations took place in Geneva from November 22 to November 28, 2001.
  • The positions and proposals presented by governments during the second round of talks had been incorporated in a revised draft text called the 'Co-Chairs draft'. The draft for the FCTC included a wide range of amendments for discussion during INB3.

WORLDWIDE SMOKING, 
IT'S EVERYONE'S PROBLEM
 

 

Home Page  |  Subscribe | About ASH

Presented as a public service by Action on Smoking and Health (ASH),
2013 H Street, N.W., Wash., DC 20006, USA, (202) 659-4310.
ASH is a 36-year-old national legal-action antismoking and nonsmokers' rights organization which is entirely
supported by tax-deductible contributions.
Please credit ASH, and include ASH's web address: http://ash.org