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COP7 seeks more muscle to curb the global tobacco epidemic

Nov 12th, 2016
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http://www.island.lk/index.php?page_cat=article-details&page=article-details&code_title=155367

The World’s largest tobacco control conference- ‘Conference of the Parties (COP) to the WHO Framework Convention on Tobacco Control (WHO- FCTC)’ kick-started in Greater Noida, New Delhi, last Monday (Nov. 7) drawing more than 1,300 delegates from 180 countries. The seventh session (COP7) of this six-day conference sought to find means to curb the tobacco epidemic which claims the lives of more than six million people globally every year. WHO-FCTC was adopted by the World Health Assembly in May, 2003 and came into force on February 27, 2005. It has since become one of the most rapidly and widely embraced treaties in the history of United Nations.
Sri Lanka’s success story

The COP is the governing body of the Convention which meets regularly to review its implementation and take decisions necessary to promote its effective implementation. During the opening day it was announced that Mozambique is to become the 181st Party to the Convention and Zimbabwe was welcomed as the most recent Party to accede to the Convention. Delivering the keynote address at the inauguration, President Maithripala Sirisena brought under the spotlight the strides Sri Lanka has taken as a country in fighting the tobacco epidemic. This was globally applauded. He reminded the international audience that we were among the first few countries in the South East Asian region to sign the FCTC and to later ratify it. In line with the FCTC,our own Tobacco and Alcohol Act was passed in 2006 which led to the birth of the Tobacco and Alcohol Authority (NATA). Applauding the good work of NATA, President remarked, “I believe our NATA is rather unique because it is perhaps the only such organization that covers both tobacco and alcohol.”

While referring to the recent increase in tobacco taxes by nearly 10%, President Sirisena also mentioned the country’s ambitious plans to move for plain packaging, drawing inspiration from other countries where the measure is already in place. Among the notable strides the country has taken, the President cited pictorial warnings which cover 80% of the surface of cigarette packs and the completion of the Global Youth Tobacco Survey earlier this year.

Embracing a shared ambition

Bringing the much discussed topic of illicit trade of tobacco products under the spotlight, the President urged more parties to ratify the convention so that it can become law. Drawing attention to the equally pressing concern on ‘smokeless tobacco’ both at home and in the region, President noted, ” a large body of scientific evidence shows the strong link between smokeless tobacco use and several serious outcomes, mainly, mouth cancer. I would urge the FCTC to address the issue of smokeless tobacco also very seriously in the years to come. The cost of neglect can be very high.”

He also asserted that Sri Lanka is also very concerned with the wider issues related to health, therefore take Sustainable Development Goals very seriously. His concluding observations, “our shared ambition should be to ensure the full implementation of the FCTC to see its powers tapped fully to eliminate the harm from tobacco and passive exposure to tobacco smoke everywhere in the world,” undoubtedly resonated a robust global message.

Graphic warnings on the rise

It is significant that a few days after President Sirisena’s keynote address at COP 7, the Canadian Cancer Society has released a status report which ranks Sri Lanka as the sixth in the world with graphic warnings covering 80 percent of tobacco packages. The report finds that more than 100 countries around the world have required graphic warning labels on tobacco products – a lifesaving measure that now impacts more than half the world’s population. The number of countries requiring graphic warning labels has steadily increased over the past two years.

The Canadian report which ranks 205 countries and territories based on the size of warning labels required, demonstrates the tremendous progress that is being made in addressing the world’s leading cause of preventable death. Around the world, tobacco companies depend on package design to build brand recognition and promote sales.

Packaging establishes brand imagery that is often completely opposite to the realities and dangers associated with tobacco product use. But the new report shows that countries are largely acting to limit the tobacco industry’s use of packaging to lure new users.

Challenges for India

The Indian Minister of Health and Family Welfare, J.P. Nadda, addressing the gathering at the inauguration noted that the challenges faced by India in the exercise of controlling tobacco are “formidable, both in their number and in their complexity.” The Indian Health Minister also called for a multi-pronged approach supported by international collaborations to counter not only health costs but also social and economic costs the tobacco epidemic entail. Reiterating the urgency to counter tobacco menace, the Minister said that it costs India a colossal amount of state funds to treat tobacco-related diseases.

The photographic exhibition at the conference venue which mirrored the health and social toll the tobacco menace has on the community, finely personified the words of the Indian Health Minister. Images of little girls as young as five years, engaged in rolling of beedi (which is a deep-seated industry in India) with their mothers to meet the ends meet, pregnant women and adolescent girls with their tobacco-stained palms, spoke volumes of this global health hazard which not only snuffs out over six million lives every year in their most productive years but also impedes sustainable development.

More support for low and middle income countries

Among the highlights of the preliminary sessions of the Conference was the launching of a project by the Convention Secretariat to strengthen the implementation of the global tobacco control treaty. Under this initiative which is to be delivered by WHO FCTC Secretariat in collaboration with UNDP and other partners, a number of low- and middle-income countries (LMICs) will be eligible to receive direct support to implement tobacco control strategies and policies. The project will bring together support from across the UN to accelerate the implementation of the Convention.

According to a recent press release of the Convention Secretariat, if current tobacco use patterns persist, tobacco will kill about one billion people in the 21st Century. By 2030, over 80 percent of the world’s tobacco-related mortality will be in LMICs. The treaty is an evidence-based ‘blueprint’ for tobacco control policies. Tobacco use will be reduced if a country has a high level of WHO FCTC implementation, it notes. The Secretariat observes that the significant harms of tobacco use on developing countries are usually understood primarily as health issue.

‘This overlooks the extensive impact of tobacco on social, economic and environmental progress. Tobacco control is a development issue and its success relies on the work of other sectors such as commerce, trade, finance, justice and education. This is why the international community agreed to include the implementation of the WHO FCTC in the UN’s new Sustainable Development Goals (SDGs)’, it notes.

Under this initiative, countries will be offered support to create and strengthen coordination mechanisms and action across sectors to implement the WHO FCTC, including treaty obligations to ban tobacco advertising and promotion, ensure tobacco packaging entails health warnings, end smoking in enclosed public and workplaces, increase tobacco taxes and protect public health policies from tobacco industry interference. The five-year project will open call for expressions of interest inviting LMIC governments wishing to join implementation from 2017.

The project will be backed by UK’s development funding. The project aspires to help countries set national priorities, scale-up effective investments, strengthen policy coherence, and develop institutional capacities for fully-fledged tobacco control efforts.

Championing sustainable development

In promoting the new project, the Head of the FCTC Secretariat Dr Vera Luiza da Costa e Silva said: “The implementation of the WHO FCTC is critical in advancing sustainable development. Through the new project, we will take implementation of the WHO FCTC to a new level by providing support and guidance to developing country Parties.”

Douglas Webb, Team Leader on Health and Innovative Financing at the UN Development Programme, welcoming the project, noted: “there is a growing recognition that current tobacco trends and sustainable development cannot coexist. As a committed partner, UNDP welcomes this opportunity to advance tobacco control through better support to national planning, good governance and protection against tobacco industry interference in policy making.”

Tobacco taxation and plain packaging

Applying the global experience to the local terrain, particularly in the realms of tobacco taxation and plain packaging, it is worth navigating through latest literature pertaining to them. The Executive Summary of the WHO Report on the Global Tobacco Epidemic, 2015 (Raising Taxes on Tobacco) notes ‘increasing taxes to a sufficiently high level is an extremely effective – including cost-effective intervention.’ The Report further notes that ‘increased taxes reduce tobacco use, costs government relatively little to implement and increases government revenues, sometimes substantially.’

Referring to the ‘spurious claims’ the industry makes of economic harm caused by higher taxes, the WHO Report dismisses them as those ‘not borne out by the evidence’.

Contrary to the popular claim by the industry that higher taxes lead to increased smuggling and illicit trade, evidence does not validate this, the Report says. ‘But because tobacco taxes are generally better accepted than other types of taxes, it is possible to achieve widespread public support, even among tobacco users, especially if at least some of the new tax revenues are used for tobacco control, health promotion and other public health programmes.’

In December, 2012, Australia became the first WHO Member State to implement fully tobacco plain packaging. Since then several more WHO Member States have shown increased interest in embracing the same. The High Court of Australia (which is country’s apex court) in 2012, dismissed the tobacco industry’s constitutional challenge to tobacco plain packaging on the basis that the scheme did not effect an “acquisition” of its property, the relevant test under the Australian Constitution. The WHO publication titled, ‘Plain packaging of tobacco products- Evidence, Design and Implementation’ notes ‘legal challenges to plain packaging are an example of the tobacco industry’s broader strategy of using litigation to contest regulation, rather than a new phenomenon’.

Citing the findings of several studies, the WHO Report point out that plain packaging ‘reduces the attractiveness of tobacco products, restricts the use of the package as a form of advertising and promotion, limits misleading packaging and increases the effectiveness of health warnings.’

Fortifying the national commitment

As the curtain falls on COP7, WHO Member States are undoubtedly driven to revisit their anti-tobacco policies, seeking means of giving them more teeth to fight this global threat. This global forum becomes very relevant to us as a nation placed in a decisive backdrop of pushing for ambitious policies to counter a global health hazard entailing colossal economic and social loss as well. It is even more relevant to us as a developing nation globally applauded for progressive anti-tobacco policies. Yet, at this juncture we need to remind ourselves that although national strides have been taken, we cannot afford to be complacent but continue to take the baton forward.

Seventh Session of the Conference of the Parties to the WHO Framework Convention on Tobacco Control

Nov 12th, 2016
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This document relates to item 5.7 of the provisional agenda

Seventh Session of the Conference of the Parties to the WHO Framework Convention on Tobacco Control, 7-12 November 2016, New Delhi

FCA Policy Briefing
Report of the Article 19 Expert Group

Key recommendations

COP7 should request the Convention Secretariat to take the following steps to support Parties with implementation of Article 19:

• Make the toolkit, prepared by the expert group, accessible to Parties, including by positing in on the FCTC website and updating it regularly;
• Develop and maintain a database of experts for technical assistance, as well as a referral system that would lead Parties to individuals with demonstrated experience in tobacco litigation.

To ensure ongoing implementation of Article 19, three additional steps should be taken:

• Future COP sessions should monitor progress on Parties’ implementation, including through reports from those with relevant expertise on Article 19;
• For each COP session the Secretariat should prepare an overview of activities related to Article 19, specifically on implementation assistance, including requests for technical assistance and referrals to other relevant organizations;
• COP9 should include an assessment of the toolkit including how it is being utilised by Parties and promoted by the Secretariat.

Background

Implementation of Article 19 presents Parties with an opportunity to hold the tobacco industry liable for its abuses. Unfortunately, according to the Global Progress Report (document FCTC/COP/7/4) the implementation rate of this article is one of the lowest, 34 percent on average. In order to enhance Parties’ capacity to use litigation to hold the industry to account, COP5 established an expert group whose mandate was extended at COP6.

Expert Group on Article 19

Between COP5 and COP6, the expert group examined best practices in applying civil and criminal liability as part of Parties’ implementation of Article 19. The group identified seven broad areas in which Parties could develop legislation in order to facilitate tobacco-related liability mechanisms. The expert group stressed that individual country approaches should be tailored to the unique country context, as not all of these legislative options are appropriate to all jurisdictions or types of litigation.

Following the extension of its mandate by COP6, the expert group focused its work on supporting Parties in implementing the recommendations outlined above. To this end, the expert group report (document FCTC/COP/7/13) to COP7 presents a civil liability toolkit to assist Parties that includes:

• Scenarios for strengthening implementation of Article 19;
• An index of procedural reforms relevant to all civil claims.

FCA congratulates the expert group on its work and report, including the toolkit. Tobacco industry liability is a promising but underutilised tool in combating the tobacco epidemic. Given the complexities of 180 different legal systems, the expert group has done an admirable job in outlining key steps that Parties can take to advance the feasibility of civil litigation. FCA fully supports the toolkit, and urges Parties to make full use of it.

Toolkit to support implementation of Article 19

As COP considers the expert group report and the next steps in the implementation of Article 19, FCA hopes that it will take into account a number of issues pertinent to both discussions, particularly in updating the toolkit, in furtherance of the goal that it be a living document.

• In several places in the expert group report, the phrase “smoking-related disease” is used in place of “tobacco-related disease”. These terms should be harmonised to be more inclusive of the tobacco disease burden;
• In paragraph 25 of the toolkit, the expert group recommends that Parties consider the provision of specialist procedures and judges. While certainly beneficial in most situations, in jurisdictions where the tobacco industry is politically powerful such special litigation streams may bring a result opposite to the intentions expressed in paragraph 19. FCA recommends appending paragraph 25 with the clause “as appropriate where this would facilitate just, speedy and inexpensive disposition of all cases in pursuit of the intentions of holding the industry legally accountable”;
• The expert group report includes no separate discussion of criminal liability, which is expected given the great diversity of criminal justice systems and the fact that no criminal case has yet been successful. Legal scholarship suggests that criminal liability may hold in some jurisdictions. FCA urges individual Parties to explore the possibility of holding tobacco corporations and their executive officers criminally responsible for their actions, including those that result in tobacco-related diseases, disabilities and premature deaths;
• Regarding paragraph 21 of the toolkit, FCA takes note of the decision in the Philip Morris International v. Uruguay trade arbitration, which was made public after the meeting of the Expert Group in 2016. In the decision, the panel noted that the FCTC is “evidence-based”, and ruled that Uruguay could rely upon it as the scientific basis for tobacco regulations. FCA recommends that paragraph 21 be amended as follows: “Adopt rules of evidence and preclusion that allow claimants to rely on the FCTC and on findings made, or evidence given, in previous tobacco cases including in other jurisdictions.”

Next steps: Implementation of Article 19

Now that the expert group’s mandate has ended, the COP and the Convention Secretariat should act to ensure implementation of Article 19. The toolkit is meant to be a living document. It should be periodically updated and improved as new evidence, data and Parties’ feedback becomes available. It is imperative that this toolkit be easily accessible to Parties.

At its sixth session in Moscow, the COP requested (document FCTC/COP/6(7)) that the Secretariat: a) develop and maintain a database of experts for technical assistance, and b) prepare and maintain a list of resources for Parties. This request should carry forward along with the recommendations in paragraphs 28 & 29 in document FCTC/COP/7/13 requesting the Convention Secretariat to make the toolkit accessible to Parties as a dedicated mechanism of assistance for implementation of Article 19, to update it regularly, and to make it available online. FCA hopes that the Secretariat will develop a referral system that would lead Parties to individuals with demonstrated experience in tobacco litigation.

To ensure ongoing implementation of Article 19, three additional steps should be taken:

• Future COPs should monitor progress on Parties’ implementation, including through reports from those with relevant expertise on Article 19;
• For each COP session the Secretariat should prepare an overview of activities related to Article 19, specifically on implementation assistance, including requests for technical assistance and referrals to other relevant organisations. This overview should be included under an appropriate COP agenda item, such as “implementation assistance” and/or “mechanisms of assistance”;
• COP9 should include an assessment of the toolkit including how it is being utilised by Parties and promoted by the Secretariat.

PLAIN PACKS: ‘THE LAST BATTLEFIELD’

Nov 12th, 2016
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In 2008 Tobacco Journal International, splashed ‘Plain packs can kill your business’ on its front cover in response to the UK government consultation on such legislation.

The fear wasn’t the threat that sales would be hit hard, but that high end brand values would be terminally undermined. Why?

Because, exclusive packaging communicates brand image and differentiates high priced brands from value products’. To quote the article, “‘while the cost of production is roughly the same for both…. the profit margin of premium brands is considerably higher than that of low-priced cigarettes’.

The lesson is clear, the top priority for the transnational tobacco industry is profitability rather than sales. This is an industry which made US$ 44.1 billion in 2013, more the combined profits of Coca-Cola, Walt Disney, General Mills, FedEx, AT&T, Google, McDonald’s and Starbucks in the same year. And profits have been rising far more rapidly than sales.

Between 2000 and 2014, global cigarette volume sales increased by 8 percent while retail values increased 121 percent. A trend that plain packaging threatens to bring to a shuddering halt.

FCTC guidelines on Article 11 and 13 were adopted at COP3 in November 2008 encouraging Parties to go ahead with plain packaging. Four years later in 2012 it was Australia which led the way, followed by the UK and France in May 2016. The dominoes are now falling, with the Canadian Cancer Society report published this week showing that four countries now require plain packs (Australia, France, UK, and Hungary) with a another 14 more working on it.

The tobacco manufacturers are using any and every legal avenue to try to stop the contagion from spreading. So far there has been a constitutional challenge in Australia, a bilateral investment treaty case in Hong Kong, a cases in the European Court of Justice, and cases in the UK and French courts.

All so far lost (the World Trade Organisation government to government challenge, with the tobacco industry’s fingerprints all over it, is still pending). But make no mistake there will be others, for this is an existential threat to the tobacco industry described by one of their lawyers in the UK case as the ‘last battlefield’.

For any government hit by plain packaging litigation, the judgement in the UK provides a wealth of ammunition to take the fight to the industry. The central most important argument of the industry demolished by the judgement was that requiring plain packs was tantamount to stealing their ‘property’ and was either illegal or, if it were found to be legal, required multi-billion dollar compensation from the government in question.

Shamefully one of the industry lawyers even made a comparison to slavery, saying, “However strong the objective for taking property away, you will normally compensate,” he told the judge.

“Your lordship will remember the slave owners were compensated when slavery was abolished.” It was an unfortunate example and not one that impressed the judge who pointed out it was the UK parliament, dominated by slave owners, which agreed compensation, not the courts. Not a precedent any court around the world should follow.

Big tobacco’s profits were built on slavery: and while the owners were compensated, the victims of slavery were not.

For more on the UK court judgement see: tinyurl.com/zjgnxwn

Deborah Arnott
Action on Smoking and Health, UK

PLAIN PACKAGING— TREMENDOUS GLOBAL MOMENTUM

Nov 12th, 2016
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Plain packaging is a key tobacco control measure that is seeing significant and growing international momentum. Four countries have required plain packaging, and at least 14 are working on it.

The new EU Tobacco Products Directive expressly provides that plain packaging is an option for the EU’s 28 member countries. At COP7, Sri Lanka’s president announced that the country’s health minister was bringing forward a plain packaging proposal.

The fifth edition of the Canadian Cancer Society report Cigarette Package Health Warnings: International Status Report launched at COP7, provides an overview of the status of plain packaging worldwide.

Under plain packaging, health warnings remain on packages, but tobacco company branding, such as colours, logos and design elements are prohibited, and the brand portion of each package is required to be the same colour, such as an unattractive brown. The brand name still appears in a standard font size, style and location. The package format is standardised.

Plain packaging puts an end to packaging being used for product promotion, increases the effectiveness of package warnings, curbs package deception, reduces the appeal of tobacco products, and decreases tobacco use. FCTC Guidelines for implementing Articles 11 and 13 recommend that countries consider implementing plain packaging.

Plain packaging is supported by extensive evidence. The tobacco industry has strongly opposed plain packaging, a signal of just how important plain packaging is. If plain packaging were not effective, then why would the tobacco industry be so opposed?

Tobacco industry opposition in part has come through legal challenges, but the tobacco industry has lost five out of five court decisions: Australia (two cases, 2012, 2015); France (2016); United Kingdom (2016); and European Court of Justice (2016). As well, a legal claim against Uruguay’s significant packaging restrictions (though not plain packaging) was dismissed (2016).

Packages should not be used as mini-billboards to promote tobacco, or to convey that a brand has a “personality” or a lifestyle image.

Packages should not be sold in formats that undermine health warnings, or in special shapes such as superslim packs that associate smoking with fashionability, thinness
and weight loss.

In light of the compelling rationale for plain packaging, many more countries are expected to move this measure forward.

Plain packaging is the right thing to do, and is inevitable. The worldwide trend has become unstoppable.

Rob Cunningham
Canadian Cancer Society

NLA raises legal age for tobacco to 20

Nov 12th, 2016
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http://www.bangkokpost.com/news/general/1133157/nla-raises-legal-age-for-tobacco-to-20

The National Legislative Assembly (NLA) agreed in principle on Friday to raise the legal age for purchasing cigarettes from 18 to 20 under an amended law regulating tobacco.

A total of 159 NLA members voted for the measure on Friday, with five abstentions, increasing the minimum legal age to buy cigarettes under the bill to amend the Tobacco Control Act.

The amendment was proposed by Public Health Minister Piyasakol Sakolsatayadorn in a bid to cut the number of teenage smokers.

A 21­member committee will be set up and given 15 days to scrutinise the bill.

Dr Piyasakol said the current Tobacco Control Act and the Non­Smoker’s Health Protection Act were obsolete and could not keep up with the behaviour of smokers.

Enforcement of both laws were also ineffective, he said. However, the Non­Smoker’s Health Act has not been amended.

Under the World Health Organisation’s Framework Convention on Tobacco Control, any law associated with tobacco must be amended to protect the health of citizens, particularly youth, he added.

NLA member Wallop Tangkana­nurak said the amendment would help steer children and teenagers away from tobacco and smoking.

Many international tobacco firms have held promotional activities targeting young people aged under 20, he said, citing statistics showing smokers are getting younger every year.

Despite the majority of the NLA members agreeing with the bill, others expressed some reservations about it, saying it would would reduce demand for tobacco and put many growers out of work.

Gen Danai Meechuwet, chairman of the NLA committee on agriculture, said measures to provide assistance for tobacco farmers should be devised as well.

He also proposed establishing a subsidy fund for tobacco planters or encourage them to grow other crops.

Meanwhile, NLA member Montien Boonton also proposed devising measures to limit tobacco farming areas as well as new approaches to publicise the dangers of smoking among the illiterate.

Dr Piyasakol said he believed that after the draft amendment bill has passed, the health condition of Thais in general will greatly improve.

Remain vigilant against tobacco industry: WHO FCTC convention

Nov 12th, 2016
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The seventh conference of the Parties to the WHO Framework Convention on Tobacco Control (WHO FCTC) has concluded in New Delhi on Saturday with a call to remain “vigilant” against tobacco industry efforts to undermine the implementation of the UN treaty.

http://bdnews24.com/health/2016/11/12/remain-vigilant-against-tobacco-industry-who-fctc-convention

The WHO FCTC, which came into force in Feb 2005, is a treaty adopted by the 56th World Health Assembly on May 21 in 2003. It was the first WHO treaty adopted under article 19 of the UN agency’s constitution.

Under the treaty, countries around the world made laws and policies to fight against tobacco menace.

Parties at the conference, known as COP7, expressed their concerns by the tobacco industry’s persistent attempts to “infiltrate and manipulate” the workings of the Convention, according to a statement issued after the conference.

Expressing concern that the tobacco industry’s tactics at the international level affects implementation of the Convention at a country level, COP7 urged Parties to intensify “multi-sectoral” actions and cooperation to address strategies of the tobacco industry to undermine or subvert tobacco control.

“The long hours of debate and planning has produced a strong roadmap for global tobacco control for the future. Despite all the hard work by the Parties it is sad to see the interest, yet again, being promoted in the room,” Head of the Convention Secretariat, Dr Vera Luiza da Costa e Silva, said.

“It is determined to undermine and distract us from our goal – to fight against the tobacco epidemic that not only damages health and kills people, but also impoverishes those living in low to middle-income countries.”

Several “significant” decisions were adopted in the course of the six-day session when delegates addressed the longest agenda of any COP, indicating the enthusiasm of Parties and the growing role of tobacco control within areas of development and human rights, as well as public health.

The decisions reached Saturday, shaping the future of the Convention, is set against the stark reality that without strong tobacco control measures tobacco will kill about 1 billion people in the 21st Century.

By 2030, over 80 percent of the world’s tobacco-related mortality will be in low-and-middle income countries.

The decision on electronic nicotine delivery systems and electronic non-nicotine delivery systems (ENDS/ENNDS) invites Parties that have not yet banned the import, sale and distribution of ENDS/ENNDS to consider either prohibition or regulating such products.

Some Parties expressed concern at the use of health claims as a marketing tool for ENDS/ENNDS.

The conference also urges Parties to adopt a whole-of-government approach and participation with stakeholders to promote alternatives to tobacco growing.

Parties recognise that scientific evidence has established that tobacco consumption and exposure to tobacco smoke causes death, disease and disability.

The Parties have also requested further research on evidence on tobacco use and tobacco control and its consequences among girls and women, as well as boys and men, with special attention to vulnerable groups, in respect to social determinants of health.

The Parties also recognise that tobacco control is related to a number of Sustainable Development Goals and targets including those related to the environment and human rights.

The Parties requested the Convention Secretariat to strengthen the treaty relationship with other international agencies and frameworks, enhancing synergies towards common global health and development goals.

TOOLS FOR MOBILISING RESOURCES FOR FCTC IMPLEMENTATION

Nov 11th, 2016
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As we aproach the closing ceremony we all may want to start thinking about how COP7 decisions will improve tobacco control work at national level.

Decisions requesting action on resource mobilisation are likely to be considered among the most important of these.

FCA has prepared two documents to illustrate the type of material that Parties could request to be developed between COP7 and COP8 to support resource mobilisation.

Copies of these documents are available at the FCA booth.

REACHING FAR BEYOND HEALTH: THE IMPACT OF TOBACCO CONTROL

This is a prototype (see below) of a brochure to explain to international development agencies – in language that is relevant to their priorities – why providing assistance for FCTC implementation is such an effective and cost-effective investment.

The sidebar of the document includes explanatory notes on the thinking behind the text and references to key UN processes.

The text explains the FCTC in the context of the Sustainable Development Goals with a particular focus on why raising tobacco tax is both an essential intervention for health and a tool to raise revenue that can be used for domestic development priorities.

It also outlines the results of a (hypothetical) list of parties specific needs for assistance with FCTC implementation.

REVIEWING PARTIES’ NEEDS FOR ASSISTANCE TO IMPLEMENT THE FCTC

This document is a mock report that could be produced for future COP sessions to provide an overview of Parties’ expression of needs for assistance with FCTC implementation.

The format of this mock report is similar to reports routinely prepared by the Secretariats for other treaties to help their Parties understand the scale and type of requests for assistance with treaty implementation.

Seven different “categories” of assistance have been identified and these are defined in the mock report.

In order to collect the data presented in the mock report, a short survey will need to be launched for all Parties to complete (the table adjacent). If such a survey were completed within the three months following COP7, the Secretariat would be able to produce a real report ahead of any financing dialogue it holds with international partners in 2017.

If this one-off survey is found to be useful in identifying Parties’ needs in a way that can easily be presented to potential funders, then Parties could consider the questions being incorporated into the main treaty reporting instrument in due course.

To produce materials of this nature will require a real COP decision this week. Parties should request the Secretariat to undertake this exercise of identifying, analysing and
prioritising implementation needs.

A package of materials that both the Secretariate and Parties can use in 2017 in their discussions with potential donors will go a long way.

CONSIDER A WORKING GROUP IN PREPARATION FOR MOP1

Nov 11th, 2016
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Illicit trade in tobacco products is an alarming issue which undermines implementation of the FCTC.

Progress on tackling it could be made at COP7, but only if Parties collaborate.

To enter into force, the ITP needs 40 ratifications. At the moment, there are 24 Parties. During the debate on Tuesday, Parties explained their concerns about the Protocol’s implementation, mostly related to technical aspects and related costs.

Parties should be reassured that they will not have an impossible task after ratification. With regards to Parties that have already ratified (or are about to ratify), the concerns are that they are setting up and implementing measures of the ITP without talking to one another.

A forum for exchange of best practices where Parties can discuss problems and solutions should be set up.

The Meeting of the Parties (MOP1), which has to take place around the regular COP session and therefore not before the end 2018, will unfortunately come too late to address immediate concerns.

To facilitate discussions among Parties, a working group on preparations for the entry into force of the ITP could be set up.

Yesterday, the Convention Secretariat tabled three options to prepare for MOP1. Because of its costs, the option to set up an inter-governmental working group was not supported.

In light of those constraints, the option to establish a pre-MOP working group open only to Parties to the Protocol may be preferable.

The decision on that type of group to set up should be driven by the objectives of that group, particularly that of exchanging experience in implementing the Protocol and ensuring that any tracking and tracing regimes must be compliant with the Protocol requirements of independence from the tobacco industry set out in its article 8.12.

Florence Berteletti
Director Smokefree Partnership
Wael Safwat Abdul Meguid
Egypt

TURN ON MASS MEDIA CAMPAIGNS REGULARLY WITH SUSTAINABLE FUNDING

Nov 11th, 2016
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WHO FCTC Article 12 commits governments to warn citizens about the harms of tobacco, the W in MPOWER. This is to help overcome decades of tobacco industry misinformation that encourages people— especially youth – to start and persist in using tobacco against the interests of their health and wellbeing and to de-normalize the social acceptability of tobacco use.

The most efficient way to quickly achieve the Article 12 objectives is to mount frequent, high impact, effective campaigns on media platforms that reach large populations such as television and radio, and increasingly, mobile and social media.

It’s true that signatories to the WHO FCTC are more likely to have implemented such campaigns than to have implemented sufficiently high tobacco taxes, but only one in five countries currently directs sufficient resources to media campaigns. Fewer countries again run campaigns with the frequency, intensity and duration required to drive rapid progress against tobacco use. This is problematic because low knowledge about tobacco’s harms and insufficient public education are key barriers to overall progress in tobacco control.

Constraints on health funding prevent greater investment in anti-tobacco campaigns, as do a lack of awareness of their efficacy and a perception that these campaigns are costly. In fact, there is convincing evidence that best practice mass media campaigns are highly effective in reaching consumers, helping to deliver behaviour change (for example, by prompting smokers to make a quit attempt) and to build support for policies such as smokefree public places.

Such campaigns are also highly cost-efficient and can be deployed rapidly, particularly when countries take advantage of the wealth of proven, best practice campaigns that can be adapted and broadcasted at relatively low cost.

For example, preliminary analysis of campaigns in three low- and middle income countries indicates that campaign awareness was associated with increased quit attempts among tobacco users, with related per-person costs per quit attempt of US$0.07 in India, US$0.21 in China and US$0.56 in Vietnam.

Countries are more likely to run campaigns at the optimum levels of frequency and duration when sustainable funding mechanisms are in place. Four good models are:

1. Transfer mass media campaign costs to the tobacco industry, as India has done. Warning messages about the harms of tobacco must be shown when tobacco is depicted in a film or TV program.
2. Dedicate tobacco tax revenue to mass media campaigns, as Thailand has done.
3. Require broadcasters to provide free air time, as Turkey has done. All broadcasters air at least 90 minutes of tobacco control content every month, including 30 minutes during prime time.
4. Agree and budget for upfront, multi-year funding commitments, as Australia has done.

Governments are advised to examine and emulate, where appropriate, these innovative funding, legislative and governance mechanisms to deliver an impactful anti-tobacco communication campaign strategy. This strategy should also seek to reinforce the graphic warnings printed on tobacco packs, to deliver maximum impact.

A position paper available at the Vital Strategies website (www.vitalstrategies.org/tobaccocontrol), goes into more detail on this topic.

Vital Strategies and other allies, including the Secretariat of the WHO FCTC, Framework Convention Alliance, and countrylevel organizations such as national health-promotion foundations, are available to provide advice and assistance to governments wishing to implement more sustainable funding mechanisms for tobacco control and improve their use of strategic communication campaigns.

Sandra Mullin
Senior Vice President, Policy,
Advocacy and Communication Vital Strategies

WHO commends Shanghai’s move to strengthen smoke-free law; urges strict enforcement as way forward

Nov 11th, 2016
by Editor.
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The World Health Organization (WHO) warmly welcomes the strengthening of Shanghai’s existing tobacco control law with respect to smoke-free public places and work places. The Shanghai Regulations on Control of Smoking in Public Places was amended today after months of intense debate and deliberation.

“We are delighted that with the adoption of this new law, Shanghai will be protecting non-smokers from the deadly harms of second-hand smoke. The amended law clearly prohibits smoking in all indoor public places, work places, and public transport as well as in many outdoor public areas. We look forward to Shanghai’s continuous effort to fully implement and enforce the 100% indoor smoking ban without exceptions,” said Dr Bernhard Schwartländer, WHO Representative in China.

The WHO Framework Convention on Tobacco Control (WHO FCTC) – the global tobacco control treaty which China ratified in 2005 – requires all indoor public places and work places to be 100% smoke-free. This is because exposure to second-hand smoke kills – and there is no safe level of exposure. Governments, including in cities like Shanghai, have an obligation to protect non-smokers from toxic, carcinogenic second-hand smoke. Exposure to second-hand smoke causes around 100,000 deaths in China each year.

“When this new law comes into force from March next year, the people of Shanghai will be able to breathe smoke-free indoor air. This is a huge step forward for the health of Shanghai’s more than 20 million residents: deaths caused by involuntary exposure to second-hand smoke are entirely preventable, and from a public health perspective that is simply unacceptable,” Dr Schwartländer said.

WHO notes with concern the clause in the new law which states that the city government may issue specifications regarding indoor smoking rooms under special circumstances.

“We hope that this clause in the law is never invoked. Allowing indoor smoking rooms – in any circumstances – would be in clear contravention of the WHO FCTC. The emphasis should now be on ensuring that the new law is strictly enforced, without any exceptions. Shanghai can count on WHO’s full support in this regard,” Dr Schwartländer said.

“Cities like Beijing, Moscow and others around the world have clearly shown that a comprehensive law that is fully WHO FCTC compliant coupled with rigorous enforcement, public education, and strong political leadership is a sure-win formula for success. 100% smoke-free public places do work. And they are incredibly popular with the public,” said Dr Schwartländer.

As Shanghai plays host to the 9th Global Conference on Health Promotion in just 10 days’ time, all eyes will be on the city and its best practices in promoting public health.

“By fully implementing and enforcing the comprehensive indoor smoking ban without exceptions, Shanghai will once again be able to position itself as a leader in tobacco control and the Healthy City movement in China.” Dr Schwartländer concluded.

About the World Health Organization (WHO):

WHO is the directing and coordinating authority for health within the United Nations system. It is responsible for providing leadership on global health matters, shaping the health research agenda, setting norms and standards, articulating evidence-based policy options, providing technical support to countries and monitoring and assessing health trends.

For more information, please contact:
Ms WU Linlin WHO China Office E-mail: wul@who.int Office Tel: +86 10 6532 7191

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