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By:
Ravi Kanta Mishra
MPH, 3rd
Batch
National Medical College, Birgunj
THE FRAMEWORK
CONVENTION ON TOBACCO
CONTROL (FCTC)
1
Outline of seminar
Introduction
Historical background
Paradigm sift
Objectives, Guiding Principles and General Obligation
Mitigation Measures
FCTC in Nepal
Critics and Challenges regarding FCTC
Discussion
Total No of Slide:47
Estimated Time Period : 40 Minutes
2
Tobacco : Introduction
• Tobacco use is the leading cause of
preventable deaths in the world.
• Tobacco has been with humans for thousands
of years
• In 1000 B.C., people already started using
the leaves of tobacco plant for smoking and
chewing
• The use of tobacco was not stopped or
discontinued even tobacco is proven to be
extremely hazardous to human health
3
Some Examples
4
Tobacco : Situation
Globally:
 4.9 million deaths per year
 70 % in developing countries.
-WHO
Nepal:
Current tobacco users are37.1% (M/F=53.3/19.2%)
Prevalence of smoking among women (22.6%) is the
highest reported of all SE Asian countries
-WHO/MPOWER, 2008
5
FCTC: Introduction
• World’s first global public health treaty
• Adopted by the 56th
World Health Assembly on May 21,
2003
• Entered into force in February 2005
• Signed by 168 of the 192 WHO member states and 156
WHO member states have become parties to the
convention
• Establishes mechanisms to control the use and the
proliferation of tobacco
EWORK CONVENTION ON TOBACCO CONTROL (FCTC)ONTROL (FCTC)
6
FCTC: History
• 1995
– idea of an international instrument for tobacco (WHA 48)
-feasibility of developing an international instrument on
tobacco control.
• 1996
– WHA 49 -requesting the Director-General of WHO to initiate
"International framework convention for tobacco control“
• 1999
– WHA 52 paved the way for multilateral negotiations on the
WHO FCTC and possible related protocols.
7
History Contd…
Established-
technical working group and
intergovernmental negotiating body
1999
first meeting of the WHO FCTC Working Group in Geneva
2000
second meeting in Geneva
World Health Organization (WHO) conducted public hearings on
the proposed WHO FCTC in Geneva
8
History Contd…
• 2001
– first draft released as a basis for further negotiations at the second
session
– second session: set of three Co-Chairs’ working papers, an
inventory of textual proposals merged with the Chair’s original text
which became the rolling draft text of the Framework Convention
– third session -Revisions made on draft paper.
– first four session-considered numerous textual alternatives
– fifth session-address six main issues- advertising, promotion and
sponsorship; financial resources; illicit trade; liability and
compensation; packaging and labelling; trade and health
9
History Contd…
• 2003
– intense and broad ranging negotiations: Two important issues,
advertising, promotion and sponsorship and financial resources
raised
– Negotiating Body agreed to transmit the text to the Fifty sixth
World Health Assembly for consideration for adoption in
accordance with Article 19 of the Constitution
– 56th
WHA adopted the WHO Framework Convention on
Tobacco Control
• June 2003 to June 2004
– Singing period
10
FCTC: SEAR
Countries signed date ratified date national legislation
Bangladesh 16/6/2003 14/6/2004 Enacted
Bhutan 9/12/2003 23/8/2004 Still in draft
DPR Korea 17/6/2003 27/4/2005 Still in draft
India 10/9/2003 5/2/2004 Enacted
Maldives 17/5/2004 20/5/2004 Still in draft
Myanmar 23/10/2003 21/4/2004 Enacted
Nepal 3/12/2003 7/11/2006 Enacted
Sri Lanka 23/9/2003 11/11/2003 Enacted
Thailand 20/6/2003 8/11/2004 Enacted
Timor-Leste 25/5/2004 22/12/2004 Still in draft
11
FCTC: Importance
Developed in response to the world’s tobacco epidemic and
it reaffirms the right of all people to the highest standard of
health
Million deaths annually due to tobacco-related disease, with
the balance split roughly between developed and developing
countries.
12
Importance contd…
The tobacco epidemic has spread globally through many
complex factors with cross-border effects, including trade
liberalization and direct foreign investment
Other factors such as global marketing, transnational
tobacco advertising, promotion and sponsorship, and the
international movement of contraband and counterfeit
cigarettes have also led to the explosive increase in tobacco
use.
13
Paradigm Shift
Drug control treaties-Regulatory strategies for addictive
substances
It will act as a global complement to, not a replacement for
national and local tobacco control actions.
FCTC changed that with a shift in perspective. Foreign policy
must now be developed with a view to taking into consideration
the impact on health.
14
What the treaty requires?
Enact and undertake comprehensive bans on tobacco
advertising, promotion and sponsorship
Ban misleading and deceptive terms on cigarette
packaging such as “light”, “low-tar” and “mild”;
Implement rotating health warnings on tobacco
packaging that covers at least 30 percent (ideally 50
percent or more) of the display areas – this may include
pictures or pictograms
15
What the treaty contd…
• Protect people from tobacco smoke exposure on public
transport, and indoor work and public places
• Adopt or maintain taxation policies aimed at reducing tobacco
consumption; and
• Combat illicit trade in tobacco products-requires monitoring,
documenting and controlling product movement as well as
including origin and destination information on packaging plus
enacting legislation with appropriate penalties and remedies
16
FCTC: Objective
• To protect present and future generations from the devastating
health, social, environmental and economic consequences of
tobacco consumption and exposure to tobacco smoke by
providing a framework for tobacco control measures to be
implemented by the Parties at the national, regional and
international levels in order to reduce continually and
substantially the prevalence of tobacco use and exposure to
tobacco smoke.
17
FCTC: Guiding Principles
• Every person should be informed of the health
consequences, addictive nature and mortal threat posed
by tobacco consumption and exposure to tobacco smoke
• Strong political commitment is necessary to develop and
support comprehensive multi-sectoral measures and
coordinated responses
• The participation of civil society is essential in achieving
the objective of the Convention and its protocols
18
Guiding Principles Contd…
• International cooperation is necessary to establish and
implement effective tobacco control program
• Comprehensive multi-sectoral measures and responses
are essential to reduce consumption of all tobacco
products -prevent premature disability and mortality
• Issues relating to liability, as determined by each Party
within its jurisdiction are an important part of
comprehensive tobacco control
19
Guiding Principles Contd…
The importance of technical and financial assistance to aid the
economic transition of tobacco growers and workers whose
livelihoods are seriously affected as a consequence of tobacco
control programs should be recognized and addressed in the
context of nationally developed strategies
20
FCTC: General obligations
Each Party shall develop, implement, periodically
update and review comprehensive multi-sectoral
national tobacco control strategies, plans and programs.
Establish or reinforce and finance a national coordinating
mechanism or focal points for tobacco control; and
adopt and implement effective legislative, executive,
administrative and/or other measures
21
General obligations Contd…
The Parties shall cooperate, as appropriate, with
competent international and regional intergovernmental
organizations and other bodies to achieve the objectives
of the Convention and the protocols
The Parties shall cooperate to raise financial resources
for effective implementation of the Convention through
bilateral and multilateral funding mechanisms.
22
General obligations Contd…
Parties shall act to protect the developed policies from
commercial and other vested interests of the tobacco
industry in accordance with national law.
The Parties shall cooperate in the formulation of proposed
measures, procedures and guidelines for the implementation
of the Convention and the protocols to which they are
Parties.
23
Mitigation Measures: Demand
Reduction
(Articles 6-14)
• Price and tax measures and
• Non-price measures
– Protection from exposure to tobacco smoke;
– Regulation of the contents of tobacco products;
– Regulation of tobacco product disclosures;
– Packaging and labeling of tobacco products;
– Education, communication, training and public awareness;
– Tobacco advertising, promotion and sponsorship; and,
– Demand reduction measures concerning tobacco dependence
and cessation.
24
Mitigation Measures: Supply
Reduction
(Articles 15-17)
Control Illicit trade in tobacco products;
Control sales to and by minors; and,
Provision of support for economically viable alternative
activities.
25
Others Measures
(Articles 18-38)
Protection of the environment and the health of persons
Liability
Research, surveillance and exchange of information
Reporting and exchange of information
Cooperation in the scientific, technical, and legal fields and
provision of related expertise
Conference of the Parties
26
Others Measures
(Articles 18-38)
Relations between the Conference of the Parties and
intergovernmental organizations
Financial resources
Settlement of disputes
Amendments to this Convention
Adoption and amendment of annexes to this Convention
Secretariat
27
Others Measures
(Articles 18-38)
• Reservations
• Withdrawal
• Right to vote
• Protocols
• Signature
• Ratification, acceptance, approval, formal confirmation or
accession
• Entry into force
• Depositary
• Authentic texts
28
WHO strategy: MPOWER
(WHO report on global tobacco epidemic 2008)
MPOWER provides for six most effective and important tobacco
control policies:
 Monitoring tobacco use and prevention policies;
 Protecting people from tobacco smoke;
 Offering help to quit tobacco use
 Warning about the dangers of tobacco
 Enforcing bans on tobacco advertising, promotion and
sponsorship
Raising taxes on tobacco for effective tobacco control
29
FCTC: Critics
Some people have doubt about the FCTC being the framework
and being not detailed enough; some others have doubt about
the Convention being too specific (just like regulations).
Control of the supply from the source should be an even more
effective and long-term method to reduce the hazardous
product
The treaty does not say much about the control of the supply from the
source
30
Critics Contd…
Some big countries or countries with large population
are not on the list. Russia and Indonesia are the
prominent ones
However, the contents of the strategies, plans and
programs are largely subject to the decisions of Parties.
Sometimes, the Convention defers too much to the
domestic constitutional rules in the formulation of
international norms
31
FCTC in Nepal
• Dec 2003
– Nepal signed on the paper
• Nov 2006
– FCTC ratified in Nepal
• August 2006
– Introduced human right-based approach to tobacco control in Nepal
to establish, advocate and disseminate tobacco control as a human
right exclusively
• August 2008
– “Smokers’ Room” built and operate at the departure hall of Tribhuvan
International Airport
32
FCTC in Nepal Contd…
• November 2008
– Removed on duty free on tobacco and alcohol sales
• December 2008
– GoN announced to ban smoking in public places
• March 2009
– Juducial commitment on their pivotal role to guarantee
for TC: Right to Life and Right to Clean Environment
33
FCTC in Nepal Contd…
• Political commitment:
–Urge Deputy Speaker to add and spell out
clearly that tobacco smoking should be banned
in public places and all indoor places
• Tobacco control law enacted on 2068/01/29
from parliament.
• Tobacco control Regulation was published on
2069/01/25
34
35
36
37
38
39
40
41
42
Challenges of TC in Nepal
Violation of the salient features of FCTC by the tobacco
industry
Continued political and economic influence of the
tobacco industry to undermine, delay and water down
public health measures
Eg. Surya Nepal has struck a 5 years deal of Rs 20 million with
Cricket Association of Nepal (CAN) on January 10, 2007.
( FCTC bans sponsorship of sports by tobacco industries)
43
Challenges contd…
Lack of comprehensive national anti-tobacco legislation
which should have been in place immediately after
ratification of FCTC
Weak political will, commitment and consensus among
political parties on tobacco control
Lack of communication on effective anti-tobacco
messages and information
Negligence from Public toward tobacco use
44
Bibliography
WHO Framework Convention on Tobacco Control, World
Health Organization Geneva, Switzerland,2003
Establishing Global Governance in the Implementation of FCTC:
some reflections on the current two-pillar and one-roof
framework
Human Right-based TobaccoControl: Right to Life in Nepal,
Non-Smokers’ Rights Association of Nepal
Anti Tobacoo Act and Regulations, 2068
45
Discussion
????
46
47

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The Framewok Convention on Tobacco Control

  • 1. By: Ravi Kanta Mishra MPH, 3rd Batch National Medical College, Birgunj THE FRAMEWORK CONVENTION ON TOBACCO CONTROL (FCTC) 1
  • 2. Outline of seminar Introduction Historical background Paradigm sift Objectives, Guiding Principles and General Obligation Mitigation Measures FCTC in Nepal Critics and Challenges regarding FCTC Discussion Total No of Slide:47 Estimated Time Period : 40 Minutes 2
  • 3. Tobacco : Introduction • Tobacco use is the leading cause of preventable deaths in the world. • Tobacco has been with humans for thousands of years • In 1000 B.C., people already started using the leaves of tobacco plant for smoking and chewing • The use of tobacco was not stopped or discontinued even tobacco is proven to be extremely hazardous to human health 3
  • 5. Tobacco : Situation Globally:  4.9 million deaths per year  70 % in developing countries. -WHO Nepal: Current tobacco users are37.1% (M/F=53.3/19.2%) Prevalence of smoking among women (22.6%) is the highest reported of all SE Asian countries -WHO/MPOWER, 2008 5
  • 6. FCTC: Introduction • World’s first global public health treaty • Adopted by the 56th World Health Assembly on May 21, 2003 • Entered into force in February 2005 • Signed by 168 of the 192 WHO member states and 156 WHO member states have become parties to the convention • Establishes mechanisms to control the use and the proliferation of tobacco EWORK CONVENTION ON TOBACCO CONTROL (FCTC)ONTROL (FCTC) 6
  • 7. FCTC: History • 1995 – idea of an international instrument for tobacco (WHA 48) -feasibility of developing an international instrument on tobacco control. • 1996 – WHA 49 -requesting the Director-General of WHO to initiate "International framework convention for tobacco control“ • 1999 – WHA 52 paved the way for multilateral negotiations on the WHO FCTC and possible related protocols. 7
  • 8. History Contd… Established- technical working group and intergovernmental negotiating body 1999 first meeting of the WHO FCTC Working Group in Geneva 2000 second meeting in Geneva World Health Organization (WHO) conducted public hearings on the proposed WHO FCTC in Geneva 8
  • 9. History Contd… • 2001 – first draft released as a basis for further negotiations at the second session – second session: set of three Co-Chairs’ working papers, an inventory of textual proposals merged with the Chair’s original text which became the rolling draft text of the Framework Convention – third session -Revisions made on draft paper. – first four session-considered numerous textual alternatives – fifth session-address six main issues- advertising, promotion and sponsorship; financial resources; illicit trade; liability and compensation; packaging and labelling; trade and health 9
  • 10. History Contd… • 2003 – intense and broad ranging negotiations: Two important issues, advertising, promotion and sponsorship and financial resources raised – Negotiating Body agreed to transmit the text to the Fifty sixth World Health Assembly for consideration for adoption in accordance with Article 19 of the Constitution – 56th WHA adopted the WHO Framework Convention on Tobacco Control • June 2003 to June 2004 – Singing period 10
  • 11. FCTC: SEAR Countries signed date ratified date national legislation Bangladesh 16/6/2003 14/6/2004 Enacted Bhutan 9/12/2003 23/8/2004 Still in draft DPR Korea 17/6/2003 27/4/2005 Still in draft India 10/9/2003 5/2/2004 Enacted Maldives 17/5/2004 20/5/2004 Still in draft Myanmar 23/10/2003 21/4/2004 Enacted Nepal 3/12/2003 7/11/2006 Enacted Sri Lanka 23/9/2003 11/11/2003 Enacted Thailand 20/6/2003 8/11/2004 Enacted Timor-Leste 25/5/2004 22/12/2004 Still in draft 11
  • 12. FCTC: Importance Developed in response to the world’s tobacco epidemic and it reaffirms the right of all people to the highest standard of health Million deaths annually due to tobacco-related disease, with the balance split roughly between developed and developing countries. 12
  • 13. Importance contd… The tobacco epidemic has spread globally through many complex factors with cross-border effects, including trade liberalization and direct foreign investment Other factors such as global marketing, transnational tobacco advertising, promotion and sponsorship, and the international movement of contraband and counterfeit cigarettes have also led to the explosive increase in tobacco use. 13
  • 14. Paradigm Shift Drug control treaties-Regulatory strategies for addictive substances It will act as a global complement to, not a replacement for national and local tobacco control actions. FCTC changed that with a shift in perspective. Foreign policy must now be developed with a view to taking into consideration the impact on health. 14
  • 15. What the treaty requires? Enact and undertake comprehensive bans on tobacco advertising, promotion and sponsorship Ban misleading and deceptive terms on cigarette packaging such as “light”, “low-tar” and “mild”; Implement rotating health warnings on tobacco packaging that covers at least 30 percent (ideally 50 percent or more) of the display areas – this may include pictures or pictograms 15
  • 16. What the treaty contd… • Protect people from tobacco smoke exposure on public transport, and indoor work and public places • Adopt or maintain taxation policies aimed at reducing tobacco consumption; and • Combat illicit trade in tobacco products-requires monitoring, documenting and controlling product movement as well as including origin and destination information on packaging plus enacting legislation with appropriate penalties and remedies 16
  • 17. FCTC: Objective • To protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and exposure to tobacco smoke by providing a framework for tobacco control measures to be implemented by the Parties at the national, regional and international levels in order to reduce continually and substantially the prevalence of tobacco use and exposure to tobacco smoke. 17
  • 18. FCTC: Guiding Principles • Every person should be informed of the health consequences, addictive nature and mortal threat posed by tobacco consumption and exposure to tobacco smoke • Strong political commitment is necessary to develop and support comprehensive multi-sectoral measures and coordinated responses • The participation of civil society is essential in achieving the objective of the Convention and its protocols 18
  • 19. Guiding Principles Contd… • International cooperation is necessary to establish and implement effective tobacco control program • Comprehensive multi-sectoral measures and responses are essential to reduce consumption of all tobacco products -prevent premature disability and mortality • Issues relating to liability, as determined by each Party within its jurisdiction are an important part of comprehensive tobacco control 19
  • 20. Guiding Principles Contd… The importance of technical and financial assistance to aid the economic transition of tobacco growers and workers whose livelihoods are seriously affected as a consequence of tobacco control programs should be recognized and addressed in the context of nationally developed strategies 20
  • 21. FCTC: General obligations Each Party shall develop, implement, periodically update and review comprehensive multi-sectoral national tobacco control strategies, plans and programs. Establish or reinforce and finance a national coordinating mechanism or focal points for tobacco control; and adopt and implement effective legislative, executive, administrative and/or other measures 21
  • 22. General obligations Contd… The Parties shall cooperate, as appropriate, with competent international and regional intergovernmental organizations and other bodies to achieve the objectives of the Convention and the protocols The Parties shall cooperate to raise financial resources for effective implementation of the Convention through bilateral and multilateral funding mechanisms. 22
  • 23. General obligations Contd… Parties shall act to protect the developed policies from commercial and other vested interests of the tobacco industry in accordance with national law. The Parties shall cooperate in the formulation of proposed measures, procedures and guidelines for the implementation of the Convention and the protocols to which they are Parties. 23
  • 24. Mitigation Measures: Demand Reduction (Articles 6-14) • Price and tax measures and • Non-price measures – Protection from exposure to tobacco smoke; – Regulation of the contents of tobacco products; – Regulation of tobacco product disclosures; – Packaging and labeling of tobacco products; – Education, communication, training and public awareness; – Tobacco advertising, promotion and sponsorship; and, – Demand reduction measures concerning tobacco dependence and cessation. 24
  • 25. Mitigation Measures: Supply Reduction (Articles 15-17) Control Illicit trade in tobacco products; Control sales to and by minors; and, Provision of support for economically viable alternative activities. 25
  • 26. Others Measures (Articles 18-38) Protection of the environment and the health of persons Liability Research, surveillance and exchange of information Reporting and exchange of information Cooperation in the scientific, technical, and legal fields and provision of related expertise Conference of the Parties 26
  • 27. Others Measures (Articles 18-38) Relations between the Conference of the Parties and intergovernmental organizations Financial resources Settlement of disputes Amendments to this Convention Adoption and amendment of annexes to this Convention Secretariat 27
  • 28. Others Measures (Articles 18-38) • Reservations • Withdrawal • Right to vote • Protocols • Signature • Ratification, acceptance, approval, formal confirmation or accession • Entry into force • Depositary • Authentic texts 28
  • 29. WHO strategy: MPOWER (WHO report on global tobacco epidemic 2008) MPOWER provides for six most effective and important tobacco control policies:  Monitoring tobacco use and prevention policies;  Protecting people from tobacco smoke;  Offering help to quit tobacco use  Warning about the dangers of tobacco  Enforcing bans on tobacco advertising, promotion and sponsorship Raising taxes on tobacco for effective tobacco control 29
  • 30. FCTC: Critics Some people have doubt about the FCTC being the framework and being not detailed enough; some others have doubt about the Convention being too specific (just like regulations). Control of the supply from the source should be an even more effective and long-term method to reduce the hazardous product The treaty does not say much about the control of the supply from the source 30
  • 31. Critics Contd… Some big countries or countries with large population are not on the list. Russia and Indonesia are the prominent ones However, the contents of the strategies, plans and programs are largely subject to the decisions of Parties. Sometimes, the Convention defers too much to the domestic constitutional rules in the formulation of international norms 31
  • 32. FCTC in Nepal • Dec 2003 – Nepal signed on the paper • Nov 2006 – FCTC ratified in Nepal • August 2006 – Introduced human right-based approach to tobacco control in Nepal to establish, advocate and disseminate tobacco control as a human right exclusively • August 2008 – “Smokers’ Room” built and operate at the departure hall of Tribhuvan International Airport 32
  • 33. FCTC in Nepal Contd… • November 2008 – Removed on duty free on tobacco and alcohol sales • December 2008 – GoN announced to ban smoking in public places • March 2009 – Juducial commitment on their pivotal role to guarantee for TC: Right to Life and Right to Clean Environment 33
  • 34. FCTC in Nepal Contd… • Political commitment: –Urge Deputy Speaker to add and spell out clearly that tobacco smoking should be banned in public places and all indoor places • Tobacco control law enacted on 2068/01/29 from parliament. • Tobacco control Regulation was published on 2069/01/25 34
  • 35. 35
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  • 40. 40
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  • 43. Challenges of TC in Nepal Violation of the salient features of FCTC by the tobacco industry Continued political and economic influence of the tobacco industry to undermine, delay and water down public health measures Eg. Surya Nepal has struck a 5 years deal of Rs 20 million with Cricket Association of Nepal (CAN) on January 10, 2007. ( FCTC bans sponsorship of sports by tobacco industries) 43
  • 44. Challenges contd… Lack of comprehensive national anti-tobacco legislation which should have been in place immediately after ratification of FCTC Weak political will, commitment and consensus among political parties on tobacco control Lack of communication on effective anti-tobacco messages and information Negligence from Public toward tobacco use 44
  • 45. Bibliography WHO Framework Convention on Tobacco Control, World Health Organization Geneva, Switzerland,2003 Establishing Global Governance in the Implementation of FCTC: some reflections on the current two-pillar and one-roof framework Human Right-based TobaccoControl: Right to Life in Nepal, Non-Smokers’ Rights Association of Nepal Anti Tobacoo Act and Regulations, 2068 45
  • 47. 47