Next- Big Tobacco's attempt to block WHO treaty

November 17, 2010

By Ben Ezeamalu

As the fourth session of the WHO Conference of Parties to the Framework Convention on Tobacco Control (FCTC) began on Monday in Uruguay, Philip Morris International (PMI), one of the tobacco companies prohibited by the treaty from influencing decisions of attending countries, is launching a legal attack against the country for implementing the FCTC by requiring graphic warning labels on its cigarettes.

While PMI’s move is intended to make an example of the host country of the 170 plus ratifying parties, such action is not unique to Uruguay, according to a report by Corporate Accountability International.

Undermining treaty negotiation

The U.S.-based corporate watchdog has documented similar legal challenges from the United Kingdom to Norway. The organisation also details how Big Tobacco undermines treaty implementation by seating executives in key governmental positions, flaunting prohibitions on youth marketing, and offering sizable gifts to bureaucrats.

“The primary challenge the treaty faces is not a lack of political or public will, but a defiant, invasive, and ultimately deadly industry,” said Gigi Kellett of Corporate Accountability International.

“Ending tobacco industry interference is paramount to the success of these meetings and the treaty at large,” he said.

According to Philip Jakpor, spokesperson for the Network for Accountability of Tobacco Transnationals, the treaty should be devoid of ambiguities to avoid the tobacco industry from exploiting loopholes.

“Parties must be on guard to ensure strong and clear provisions that must keep Philip Morris and other tobacco interests from interfering in the process. The lives of millions depend on strong text lines in the treaty,” said Mr. Jakpor.

Overcoming interference

In evaluating interference as the primary obstacle to the treaty’s ability to save a projected 200 million lives by 2050 at the last treaty meeting in Durban, South Africa, two years ago, Corporate Accountability International and its allies supported parties in crafting strong guidelines to help countries overcome tobacco industry’s interference.

The guidelines put teeth in a core provision of the treaty that dictates, “in setting and implementing their public health policies with respect to tobacco control, parties shall act to protect these policies from commercial and other vested interests of the tobacco industry, in accordance with national law.

As the Corporate Accountability International report demonstrates, these new guidelines have been highly effective in limiting interference and conflicts of interest. Countries have done everything from divesting in tobacco corporations to rejecting official partnerships with tobacco giants around so-called “corporate social responsibility” initiatives.

But the industry continues to exploit and look for openings to undo the progress of the last two years.

This week, parties are hoping to adopt implementation guidelines for articles to increase the effectiveness of public awareness and education efforts (Article 12), to develop comprehensive cessation and treatment programmes (Article 14), and to increase the regulation and disclosure of tobacco products’ ingredients (Articles 9 & 10).

These guidelines clarify the mandated provisions of the treaty and provide further direction to parties on how to implement these specific tobacco control measures.

Corporate Accountability International and allied organisations are also urging parties to initiate a work group around treaty financing. Currently, parties to the treaty provide a “voluntary assessed contribution” that is based on a sliding scale.

These funds, however, provide insufficient support to developing economies attempting to implement the treaty. In most cases, the countries in greatest need of financial support are the same countries targeted by the tobacco industry as expansion markets.

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