5.3 Victories

On 24 June 2010, the Phillipines' Civil Service Commission (CSC) and the Department of Health (DOH) issued a Joint Order to Protect the Bureaucracy against Tobacco Industry Interference. The Order closely follows the Article 5.3 Guidelines and the key features include:

• Prohibition of all government personnel from interacting with the tobacco industry unless strictly necessary for its regulation, supervision or control. Any such interaction must be done in a transparent manner.
• Additional requirement for government personnel involved in setting and implementing public health policies to inform their respective agencies if they plan to work for the tobacco industry after leaving their posts.
• Requirement of all government agencies to report any interaction or offer of donation from the tobacco industry and to amend their Codes of Conduct according to prescribed provisions in the Order.
• Any violation of the order is a ground for administrative disciplinary action.

Read the full text of the Order and our statement of support.

In Colombia, the tobacco industry was barred from participating in congressional negotiations of a national tobacco control law. Their exclusion accelerated this process, which led to the establishment of strong legislation with provisions in line with the global tobacco treaty, which include:

• 100% smoke free environments;
• Total ban on advertising, promotion and sponsorship by the tobacco industry;
• Health warning labels on all tobacco products with text and images.
  

The Chinese government, which had nominated several state-owned tobacco companies for awards in recognition of their philanthropic contributions, withdrew the nominations in light of the newly approved guidelines. The withdrawal is consistent with Recommendations 6.1 and 6.2 of the Article 5.3 guidelines:

• Parties should ensure that all branches of government and the public are informed and made aware of the true purpose and scope of activities described as socially responsible performed by the tobacco industry.
  
• Parties should not endorse, support, form partnerships with or participate in activities of the tobacco industry described as socially responsible.

Click here to read more.

Citing Article 5.3, the government of India severed ties with a conference on tobacco that included industry representatives. Government involvement with this conference would have run counter to Recommendation 3.2 of the Article 5.3 guidelines: “Parties should not accept, support or endorse the tobacco industry organizing, promoting, participating in, or performing, youth, public education or any initiatives that are directly or indirectly related to tobacco control.”

Click here to learn more.

In the United Kingdom, an amendment was presented in the House of Lords calling for a review of the government’s policies on engagement with the tobacco industry. Although the amendment was withdrawn, two key points emerged in the debate:

1. The UK government affirmed its commitment to abide by the Article 5.3 guidelines.
2. To raise awareness of the responsibility to abide by Article 5.3 guidelines, the Secretary of State for Health wrote to counterparts in all other government departments to remind them of their obligations, providing a copy of the guidelines and offering advice on their implementation.

Read the full text of the parliamentary debate.

Norway divested from the tobacco industry, dumping $2.1 billion in tobacco stocks from its state pension fund. This move follows Recommendation 4.7 of the Article 5.3 guidelines: Government institutions and their bodies should not have any financial interest in the tobacco industry, unless they are responsible for managing a Party’s ownership interest in a state-owned tobacco industry.

Click here for more information on Norway’s divestment.

In accordance with the Article 5.3 guidelines, Australia has begun to apply expanded transparency measures regarding government interactions with the tobacco industry. According to Recommendations 2.1 and 2.2 of the guidelines:

• Parties should interact with the tobacco industry only when and to the extent strictly necessary to enable them to effectively regulate the tobacco industry and tobacco products.
• Where interactions with the tobacco industry are necessary, Parties should ensure that such interactions are conducted transparently. Whenever possible, interactions should be conducted in public, for example through public hearings, public notice of interactions, disclosure of records of such interactions to the public.

Click here for evidence of how this recommendation is being carried out in Australia.

Mauritius recently ended all Corporate Social Responsibility Schemes by law, the first country to take such a strong stand against tobacco industry interference. Not only does this policy uphold the principles of Article 5.3, it is also in line with Article 13, which states:

• Each Party shall, in accordance with its constitution or constitutional principles, undertake a comprehensive ban of all tobacco advertising, promotion and sponsorship.