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Further development of the partial guidelines for implementation of Articles 9 and 10 of WHO FCTC: “Regulation of the contents of
tobacco products” and “Regulation of tobacco product disclosures”: report by the working group
Impact assessment of WHO FCTC
Implementation of Article 5.3 of WHO FCTC: evolving issues related to the interference of the tobacco industry
Comments by the Parties
The Parties did not have any change to propose on the agenda items of COP6. Regarding Indonesia’s inquiry of its role in COP6 as an observer, the
Convention Secretariat clarified that the observer could interact with and learn from other participants at COP, and take strong messages back home
and use this experience as a launching pad to initiate a dialogue with various stakeholders, and encourage the country to join the WHO FCTC
and reinforce the tobacco control efforts. It was also informed that the observers and civil society would be given opportunities to make
interventions after the Parties before the close of each agenda item.
6. Update by the Parties on the status of accession
to the Protocol to Eliminate Illicit Trade in Tobacco Products
Adopted at COP5 in 2012, and opened for signature in January 2013, the Protocol to Eliminate Illicit Trade in Tobacco Products has been signed by
54 Parties and, so far, only Nicaragua and Uruguay ratified it. From the SEA Region, only Myanmar signed the Protocol. The Protocol will enter into
force on the 90th day following the date of deposit of the 40th instrument of ratification, acceptance, approval, formal confirmation or accession with
the Depositary.
About 9–11 of the global cigarette market is illicit, reaching up to 50 in some countries. The direct outcome of this illicit trade is the loss of
revenue for governments in huge amounts. It is estimated that governments
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worldwide could gain at least US 30 billionyear in tax revenue in absence of illicit trade. By equal measures, its effect on public health is enormous, as
a result of increasing accessibility to and affordability of tobacco products, which in turn is leading to the increased consumption of tobacco among
people.
The Convention Secretariat, in its persistent effort to promote this Protocol and garner support from all Parties at global, regional and national
levels, organized extensive reaching-out activities, including conducting meetings, symposia, webinars, and other online communication means.
The ratification instruments and technical publications have been widely disseminated, and a substantial number of Parties were provided legal and
technical advice. Also, the Secretariat participated in various forums to raise awareness of the role of relevant agencies customs, trade, civil society, etc.
in supporting the causes and reaping the benefits of the Protocol. Comprehending the inevitable roles of the other partner organizations in
promoting the Protocol, the Convention Secretariat strengthened its continuing cooperation, in particular, with the United Nations Office on
Drugs and Crime and the World Customs Organization, and agreed upon a framework to coordinate and work together in matters related to the
Protocol.
In accordance with the directives of COP, the Convention Secretariat developed a self-assessment checklist for the Parties to assess their legal,
regulatory and policy frameworks in view of the requirements of the Protocol, and in order to scope the Parties’ technical assistance and
capacity-building needs.
The Convention Secretariat completed the study of the tracking and tracing regime and its basic requirements. The study aims at facilitating the
future design and implementation of the global tracking and tracing regime, which is required within five years of entry into force of the Protocol.
However, the lack of awareness on the Protocol and expertise on matters concerning illicit trade both within and outside the governments is
deterring the process to make the Parties accede to the Protocol. In addition, there has been insufficient communication with the relevant
authorities and high legislative bodies. Implementation of the measures
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under the Protocol is also considered by some as expensive, underlining the burden on the Parties for mobilization of resources.
Report by the Parties on the status of accession to the Protocol
Bangladesh
Although there has not been any significant progress on this front, the Government is giving serious
thought to the matter, and willing to work on it.
Bhutan
Government is giving it a high priority, and a second round of meetings is to be held to discuss this matter
further.
India
Government considers the Protocol important, and is committed to work on it through the existing
Interministerial Committee. All relevant ministries are in the committee, including the Ministry of Trade.
Maldives
After a thorough consultation and having received a green light from different stakeholders, the Ministry
of Health prepared a cabinet paper on the Protocol that will have to pass through the Parliament for its
approval.
Myanmar
Recognizing the relevance of this Protocol and its implications on tobacco control measures, Myanmar
signed the Protocol; the first country from SEA Region to sign it. Government is now working
towards ratifying it.
Nepal
An intergovernmental consultation involving relevant government agencies has been initiated. So far, the
feedback received from different agencies has been positive. However, due to some reservations
expressed by a few agencies and organizations, the decision for accession has been delayed, and may
take some more time.
Sri Lanka
Even though the process to ratify the protocol has been delayed due to the recent litigation by the
tobacco industry over the pictorial health warning, the Government is continuously striving to accede to
the Protocol.
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Thailand
Ministry of Finance MOF officials are the members of the Tobacco Monopoly Board. There is a conflict
of interest here, and hence it is difficult to clarify the issues with and convince MOF. In November 2014,
there will be an assessment of FCTC progress in Thailand, and during this period, the Convention
Secretariat and the Ministry of Public Health can discuss the matter with MOF.
Timor-Leste
The recently formulated law on tobacco control is comprehensive, and has one chapter dedicated to
the regulation of illicit trade in tobacco products. The issue on the Protocol will be further discussed in the
upcoming national workshop. The Government is committed to accede to the Protocol, since it is the
part of WHO FCTC.
Comments by the Parties
Despite all Parties completely supporting the Protocol, many shared their experiences of facing some obstacles whenever they deal with the issue of
illicit trade and the Protocol. Initiating a process to work on the Protocol is not an easy task for them. First, it gets the attention of the tobacco
company and its subsequent possible attempts at influencing the process; secondly, the nature of the work itself demands the involvement of many
sectors and agencies, inevitably placing a heavy burden on the resources of the state. The problem is also complex. Many Parties do not understand the
technicalities of the Protocol. Convincing other sectors, such as ministries of finance and trade, and roping in their support gets even more difficult
without a clear understanding of the Protocol among the tobacco control advocates. The ministries of finance, in particular, would not easily give in
to a new idea until the Parties are able to come up with stronger arguments and evidence showing the benefits of accepting and implementing the
Protocol. Therefore, all Parties requested the Convention Secretariat to provide them with technical support to expedite the process of acceding to
the Protocol. The Secretariat agreed to the request, and informed them of an upcoming ASEAN Plus meeting where the WHO South-East Asia and
Western Pacific regions could participate to learn more on the subject and build their technical capacities.
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7. Application for the status of observer to COP
