REPORT: Advocacy Training Workshop on WHO FCTC Article 5.3

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    R E P O R T

    Advocacy Training

    Workshop on WHO

    FCTC Article

    Lucknow, India |7 September 2013

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    For more information, please contact:

    Rahul Kumar DwivediCoordinator

    Advocacy Training Workshop on WHO FCTC Article 5.3

    c/o Vote For Health campaign, Citizen News Service CNS

    C-2211, C-block crossing, Indira Nagar, Lucknow-226016. IndiaEmail: [email protected] | Phone: +91-983-999-0966

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    Index* Introduction. 4

    * Session summaries. 5Introduction to Corporate Accountability International... 5Network for Accountability of Tobacco Transnationals (NATT).. 6WHO FCTC Article 5.3.6Indian Tobacco Control Legal Framework8Best Practices in implementing WHO FCTC Article 5.3.9

    In India.9In Philippines..13

    Way forward.15

    * Annexures:1. Resources.162. Agenda173. Faculty194. Participants list.205. News/ media clippings/ coverage around this workshop.........226. Memorandum of Understanding (MoU).30

    A landmark achievement of the third Conference of Parties

    to the WHO FCTC in Durban, South Africa, in November

    2008, was the unanimous adoption of specific guidelines to

    safeguard public health policies against tobacco industry

    interference. The FCTC, in Article 5.3 obligates ratifying

    countries to "act to protect [public health] policies from

    commercial and other vested interests of the tobacco

    industry in accordance with national law"

    - Kathy Mulvey, formerly with Corporate Accountability Internationalin a commentary published in Tobacco Control in 2010

    ( )http://tobaccocontrol.bmj.com/content/19/2/95.extract

    http://tobaccocontrol.bmj.com/content/19/2/95.extracthttp://tobaccocontrol.bmj.com/content/19/2/95.extracthttp://tobaccocontrol.bmj.com/content/19/2/95.extract
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    IntroductionA day-long Advocacy Training Workshop on WHO Framework Convention on TobaccoControl (FCTC) Article 5.3 was organized in Balrampur Hospital auditorium, Lucknow,India, on Saturday, 7th September 2013 by Network for Accountability of TobaccoTransnationals (NATT), UP State and Lucknow District units of National TobaccoControl Programme of India, Vote For Health campaign (formerly Indian SocietyAgainst Smoking ISAS), Citizen News Service CNS, Health Justice Philippines, AshaParivar and National Alliance of Peoples Movements (NAPM).

    Several civil society and government representatives involved with implementing thedomestic tobacco control law participated (participants list is attached as one of the

    annexures). This workshop was organized without any external financial supportalthough some support was provided by Tobacco Control Cells of Lucknow District andUP State (such as venue, lunch, audio-visual equipment, etc).

    A memorandum of understanding (MoU) between Tobacco Control Cell and Vote ForHealth campaign was signed earlier in August 2013 (MoU is attached as one of theannexures).

    This training culminated with a list of action points, one ofwhich was to create a committee charged with passing and

    implementing a UP state policy in line with WHO FCTC Article5.3.

    Key resource faculty for this training workshop on WHO FCTC Article 5.3 includedseveral NATT leaders such as: John Stewart, Director, Challenge Big Tobacco,Corporate Accountability International; Cloe Franko from Corporate AccountabilityInternational; Irene Patricia Nidea Reyes, Managing Director of Health JusticePhilippines; Dr UN Rai, District Tobacco Control Cell; Satish Tripathi, UP StateTobacco Control Cell; Prof Surya Kant Tripathi, National Vice President of IndianChest Society and Tobacco Cessation Clinic head at KGMU; Dr Madhu Pathak, Director,Samadhan; Manu Shresth Mishra, UP High Court Lawyer; WHO Director-Generals

    Awardee Prof Rama Kant, CNS Executive Director Shobha Shukla, Bobby Ramakant andRahul Dwivedi from Vote For Health campaign and CNS among others.

    All participants were awarded certificates of participation by the organizers.Registration for this training workshop was complimentary. The training workshop wasconducted in English and Hindi (with simultaneous translations). Rahul Dwivedi playeda key role in organizing this workshop.

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    Session summariesIntroduction to Corporate Accountability InternationalSource:www.stopcorporateabuse.org

    Born out of an audacious idea thathalting the deadly marketingpractices of the worlds largest foodcorporation, Nestl, could save thelives of millions of newborns, we(Corporate AccountabilityInternational) were then and arestill at the forefront of the movement to .challenge corporate abuse

    , we have been waging and winningFor 35 years that safeguard publicbold campaigns

    health, human rights, and the environment from corporate abuse.

    Corporate Accountability International is: Powered by tens of thousands of members, volunteers, activists and

    allied organizations invested in a vision for a better world Highly regarded as a force for change among national

    decision makers and global governing bodies such as the UnitedNations

    An expert resource for media A recognized leader in the corporate accountability movement

    "Corporations may have enormous

    political and economic clout and

    fleets of high-paid lobbyists at their

    disposal, but they're up against a

    much more powerful force: thepeople."

    Kelle Louaillier, Executive Director

    PHOTO CAPTION: Cloe Franko, Senior

    International Organizer, Challenge Big

    Tobacco campaign, Corporate

    Accountability International

    http://www.stopcorporateabuse.org/http://www.stopcorporateabuse.org/http://www.stopcorporateabuse.org/campaigns/stop-corporate-abusehttp://www.stopcorporateabuse.org/campaigns/stop-corporate-abusehttp://www.stopcorporateabuse.org/historyhttp://www.stopcorporateabuse.org/what-we-dohttp://www.stopcorporateabuse.org/historyhttp://www.stopcorporateabuse.org/what-we-dohttp://www.stopcorporateabuse.org/what-we-dohttp://www.stopcorporateabuse.org/what-we-dohttp://www.stopcorporateabuse.org/historyhttp://www.stopcorporateabuse.org/campaigns/stop-corporate-abusehttp://www.stopcorporateabuse.org/
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    Network for Accountability of Tobacco Transnationals(NATT)

    Network for Accountability of

    Tobacco Transnationals (NATT) is aglobal grassroots network of morethan 100 consumer, human rights,environmental, faith-based and corporate accountability NGOs in 50 countries.Corporate Accountability International was the founding member of NATT, whichcontinues to work to ensure implementation of the Global Tobacco Treaty around theworld.

    WHO FCTC Article 5.3

    Guiding principle of the WHO FCTCArticle 5.3 is that there is afundamental and irreconcilableconflict between the tobaccoindustrys interests and publichealth policy. Other principles ofWHO FCTC Article 5.3 advocate thatGovernments should betransparent, tobacco industryshould be transparent and tobaccoindustry should not be given

    preferential treatment.

    Theseguidelines apply to allgovernment officials, employeesof any national, state, provincial,municipal, local or other public orsemi/quasi-public institution.

    Tobacco industry, according tothe FCTC means tobaccomanufacturers, wholesale distributors and importers of tobacco products. Article 5.3

    also covers other entities working to further the interests of tobacco industry such aspublic relations firms, lobbying firms, law firms, trade associations, front groups, freemarket think-tanks, the US Chamber of Commerce, tobacco-friendly spokespeople andpoliticians, academics paid by the tobacco industry, among others.

    RECOMMENDATIONS Raise awareness Limit interactions and ensure

    transparency Reject partnerships Protect against conflicts of

    interest Transparency of information De-normalize corporate social

    responsibility schemes Dont give the industry

    preferential treatment Treat state-owned tobacco

    corporations like any others

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    WHO FCTC Article 5.3 recommendations

    Raise Awareness: Organisingworkshops with different ministriesof trade, finance, agriculture, among

    others on WHO FCTC Article 5.3 willenable environment for betterenforcement of Article 5.3.Institutionalising these trainings indifferent ministries and governancemechanisms will further ensuresustainability.

    Limit interactions and ensuretransparency: governments shouldtry to limit interactions with tobacco

    industry and whenever an interactionis necessary it should be very well documented, recorded and proceedings madepublic. There should be no photograph clicked of tobacco industry with governmentbecause then the industry can create a perception of partnering with the government.

    Reject Partnerships: All agreements with the industry and front groups should beregulatory agreements and should be legally binding. This can be enshrined in a codeof conduct for employees and agencies with penalties for violations. Other forms ofpartnerships in the guise of 'corporate social responsibility' (CSR) offered by tobaccoindustry should be rejected. Tobacco industry should not be allowed to market its CSRactivities.

    Protect Against Conflicts of Interest: all direct or indirect association of governmentemployees with tobacco industry should be made public, such as their or their familymembers' shares or investments or current or past employment in tobacco industry orits allies. Similarly no tobacco industry representative should be allowed on anygovernment body or delegation such as those going for WHO FCTC negotiations.

    Transparency: Governments must make it necessary for the tobacco industry to shareall current and anticipated marketing expenditures, lobbying expenses, and levydeterrent penalties on tobacco industry for providing false information like statisticson illicit trade.

    Dont give the industry preferential treatment: Governments should not give theindustry any tax breaks, tax incentives, tariff reductions, subsidies to promotetobacco farming, or protections in trade agreements. Governments should not investin the tobacco industry and State-owned tobacco corporations should be treated likeothers.

    PHOTO CAPTION: Irene Patricia Reyes, NATT leader and

    Managing Director, Health Justice, Philippines

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    Indian tobacco control legal framework

    India became a Party to the WHO Framework Convention on Tobacco Control onFebruary 5, 2004. Before signing and ratifying FCTC, India had formed its domestictobacco control law on 31 May 2003 which was broadly in line with major FCTC

    provisions, though it lacks a strong corporate accountability provision such as FCTCArticle 5.3.

    Since India has ratifiedFCTC so it is obligated toenforce Article 5.3 too.This domestic tobaccocontrol law is formallycalled "The Cigarettes andOther Tobacco Products(Prohibition of

    Advertisement andRegulation of Trade andCommerce, Production,Supply and Distribution)Act, 2003" (COTPA).

    Smoke Free Places: InIndia, ban on smoking inpublic places came intoeffect on 2nd October 2008onwards. Definition of

    public places includespublic transport, publicoffices, private offices and workplaces, among others.

    Tobacco Advertising, Promotion and Sponsorship: Tobacco advertising is prohibitedin media, except point-of-sale at tobacco retail outlets for which there are clearlylaid down specific norms to regulate size, content, warning display, etc.

    Tobacco Packaging and Labelling: Pictorial health warning labels are pictorial andtext, covering 40 per cent of the front panel of the package of all forms of tobacco,and must be rotated every 12 months. There is ban on the use of misleadingdescriptors (including, among others, light, ultra-light and low-tar) andassociated graphics or product design features.

    Other laws: Apart from COTPA and WHO FCTC Article 5.3 there are a number of otherdomestic laws that are purported to support tobacco control as well. These include:Right To Information (RTI) Act, 2005; laws banning child labour; Right To Education(RTE) Act, Motor Vehicle Act, among others.

    PHOTO CAPTION: Manu Shresth Mishra, Senior Advocate, UP High

    Court and Legal Advisor to Vote For Health campaign

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    Best Practices in Implementing Article 5.3

    INDIA

    There are a growing number of examples of tobacco industry interference in healthpolicy in India. Even government of India's Ministry of Health and Family Welfare hadsaid to Central Information Commission in November 2008, in reply to why it is notenforcing tobacco control laws effectively, that tobacco industry's pressure is notallowing it to effectively enforce this public health law. Recently a news itempublished in August 2013 cited Supreme Court to have told the government that it is"conniving" with tobacco industry.

    KARNATAKA HIGH COURTDIRECTED GOVERNMENT NOT TOPARTNER WITH TOBACCO

    INDUSTRY:

    In 2010, Dr Upendra Bhojani of Institute ofPublic Health (IPH), Bangalore, succeededin exposing how government's tobaccoboard was engaged with a tobaccoindustry event. He went to KarnatakaState High Court that directed theTobacco Board to withdraw sponsorship to the Global Tobacco Networking Forum 2010which was slated to be held in Bangalore from October 2 to 8, 2010.

    According to a news item published in The Hindu, "a Division Bench comprising JusticeDV Shylendra Kumar and Justice HS Kempanna passed the order on a public interestlitigation (PIL) petition by the Institute of Public Health, challenging the action of theTobacco Board in sponsoring a tobacco event. The Bangalore-based IPH had draggedthe Tobacco Board to court stating that it violated World Health Organisation (WHO)norms. The NGO said that the WHO Framework Convention on Tobacco Control wasadopted on May 21, 2003 and it came into force on February 27, 2005. It said Indiaratified the treaty in February 2004 and as per the guidelines it was not supposed tosupport or sponsor any tobacco-related event. Moreover, government participationviolates Article 5.3 of the WHO framework convention on tobacco control."

    It said the board's sponsorship of the meet violated Section 5 of Cigarettes and OtherTobacco Products (Prohibition of Advertisement and Regulation of Trade andCommerce, Production, Supply and Distribution) Act, 2003.

    PHOTO CAPTION: Satish Kumar Tripathi, State

    Consultant to National Tobacco Control

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    On its part, the board saidit had spent Rs. 3,26,620 tomeet the expenditure ontransport for the delegatesto visit the tobacco-growing

    areas and auction platformsin Karnataka.

    The Bench, in its order,asked the board to takeback the amount it hadspent on the event. Thelogo of the government hadto be removed from thisindustry event, and nogovernment representative

    was permitted to attendthis meet.

    UNDPs RESPONSE AGAINST AWARD TO ITC:

    When the Rio+20 United Nations Summit was taking place, ITC Limited (an Indiancorporation, whose primary business is selling cigarettes - a highly addictive anddeadly product) was presented the 2012 World Business and Development Award forits transformational rural initiatives in social and farm forestry programmes in India(in possibly an independent event held in Rio).

    Led by NATT leaders including those in India, a complaint was duly submitted to UNDPalong with other key officials.

    Excerpts from the letter written to UNDP:

    ...What shocks us more is that this award is co-instituted by an agency whose life-saving mission is dedicated to human development, the United Nations DevelopmentProgramme (UNDP).

    We would like to draw your attention to the fact that though ITC Limited claims to bea diversified conglomerate, it is the largest producer of cigarettes and the largest

    buyer, processor and exporter of leaf tobacco in India. The company is not only a bigplayer in tobacco and cigarette business in India, but sells tobacco to nearly 50countries across the world. Here, we would like to mention that this has been a long-standing strategy of the industry to distract attention from the deadly effects of itsbusiness. For example, Altria bought Kraft in the early 2000s, for which they receivedwidespread criticism and eventually sold it out (Source:http://www.stopcorporateabuse.org/sites/default/files/Kraft_boycott_impact_analysis.pdf).

    PHOTO CAPTION: Dr UN Rai, Lucknow Nodal Officer of National

    Tobacco Control Programme and Chief Medical Superintendent,

    Balram ur Hos ital, Lucknow

    http://www.stopcorporateabuse.org/sites/default/files/Kraft_boycott_impact_analysis.pdfhttp://www.stopcorporateabuse.org/sites/default/files/Kraft_boycott_impact_analysis.pdfhttp://www.stopcorporateabuse.org/sites/default/files/Kraft_boycott_impact_analysis.pdfhttp://www.stopcorporateabuse.org/sites/default/files/Kraft_boycott_impact_analysis.pdfhttp://www.stopcorporateabuse.org/sites/default/files/Kraft_boycott_impact_analysis.pdf
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    As you are well aware, the tobaccoepidemic is the largest preventablecause of death on the planet, killingnearly six million people every year.

    Approximately one person dies every sixseconds due to tobacco-relateddiseases, and this accounts for one in 10adult deaths. Up to half of currenttobacco users will eventually die of atobacco-related disease. Moreovertobacco is a common risk factor formajor non-communicable diseases suchas heart diseases, stroke, cancers,diabetes, and respiratory illnesses,among others, that constitute up to

    two-thirds of deaths worldwide.

    The tobacco industry, as a strategy,continues to inject large philanthropiccontributions into social programmesworldwide, including social forestry, tocreate a positive public image and todistract attention from its core business in tobacco.

    According to a WHO report (Tobacco industry and corporate responsibility... aninherent contradiction, online at:

    http://www.who.int/tobacco/communications/CSR_report.pdf), The businesscommunity, consumer groups and the general public should join policymakers and thepublic health community in being more vigilant and critical about tobacco companiescorporate social responsibility (CSR) activities, because, despite the industrys claims,there is little evidence of any fundamental change in their objectives or theirpractices.

    Besides having a negative impact on health, cigarette industry is a big cause ofdeforestation and contributes to underdevelopment. It is ironic that a company whosesubsidiary or associated tobacco company contributes significantly to deforestationand underdevelopment is being awarded for forestry and development.

    If at all ITC is serious about 'rural transformation and welfare of tribals and poorfarmers' it should stop manufacturing and selling tobacco products that are a commonrisk factor for major killer non-communicable diseases, the impact of which is farmore worse on poor people.

    PHOTO CAPTION: CloeFranko, NATT leader and Senior

    International Organizer, Challenge Big Tobacco

    campaign, Corporate Accountability International

    http://www.who.int/tobacco/communications/CSR_report.pdfhttp://www.who.int/tobacco/communications/CSR_report.pdfhttp://www.who.int/tobacco/communications/CSR_report.pdf
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    UN agencies such asUNDP have madecommendablecontributions to a rangeof development issues

    around the world. ITCLimited is using an age-old tobacco industrytactic to clean up itsimage associating itselfwith a UN agency whosemission is dedicated todevelopment evenwhile its primary businessis selling a product thatkills.

    UNDP must come out

    clearly on thisfundamental conflict ofinterest between itsassociation with anaward that goes to acompany whose mainbusiness is tobacco, andits commitment tosustainable development. UNDP should not associate itself with companies whose

    subsidiaries directly or indirectly brew problems it is responding to around the world.UNDP is a member of the UN Interagency Task Force on Tobacco Control whose latestfocus is the implementation of the WHO FCTC that requires prohibition of all tobaccopromotion.

    WHO Framework Convention on Tobacco Control (FCTC) under its guidelines on Article5.3 recommends that parties to the FCTC Denormalize and, to the extent possible,regulate activities described as socially responsible by the tobacco industry,including but not limited to activities described as corporate social responsibility.

    We would also like to register that in the absence of clear guidelines to protect

    association and interaction of all UN agencies with corporations that create andexacerbate health and development problems UN responds to, such conflictingsituations are bound to happen.

    We strongly urge the UN Secretary Generals office to convene a group to draftguidelines for all UN agencies to protect their policies and programmes frominterference of corporations that pose conflicts of interest, such as those responsiblefor tobacco deaths, limiting access to water, or food insecurity among others.

    PHOTO CAPTION: (left to right)Dr Surya Kant, Vice President of

    Indian Chest Society & Head of Tobacco Cessation Clinic KGMU; Dr

    UN Rai, Nodal Officer of Lucknow Tobacco Control Cell; Dr TP Singh,

    Director, Balrampur Hospital; a nurse staff; Dr Madhu Pathak, Chief

    Clinical Psychologist (former) at TCC KGMU, family court judge and

    Director, Samadhan

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    We appeal to your high office to withdraw UNDPs association with such an award asmentioned above or retract the award given to a company that also has tobacco asone of its business activities; and frame guidelines to protect all UN agencies from

    corporate interference (like Article 5.3 of WHO FCTC)

    Excerpts of UNDP's head Helen Clark's response to NATT:

    UNDP was shocked to learn that a company given an award through the WBDAderives a substantial proportion of its profits from tobacco. UNDP does not wish everto be associated with awards which are presented to such companies...

    ...this has clearly been a serious oversight in the award process. UNDP will notparticipate in these awards in future unless companies like this are excluded.

    ...UNDP is now reviewing its own guidelines to ensure that incident like this does notrecur... We will also work closely with other partners within the UN system to

    strengthen due diligence processes and capacities.

    PHILIPPINES

    In 2010, a joint venture between Philip Morris Philippines and Fortune TobaccoCorporation was announced. Formally called Philip Morris Fortune TobaccoCorporation (PMFTC), it controls 90% of the market share. According to KAlechnowicz and S Chapman: Philippines has long suffered a reputation for endemic

    political corruption. Evidence spanning 30 years (19621992) reveals that foreigntobacco companies sought to work within this operating environment. Interferencein all branches of the government was reported. Some outcomes of this interferenceof tobacco industry included blocking of tobacco control laws.

    In relation to judiciary, these industry entities resorted tosystematic appointing of retainer of retired judges to handletheir cases and filing lawsuits against tobacco controlmeasures.

    Creation of the 5.3 Committee: A 5.3 committee was

    established in 2009 under the leadership of Civil ServiceCommission Commissioner May Fernandez-Mendoza andDepartment of Health Undersecretary Alex Padilla. Thiscommittee disseminated WHO FCTC Article 5.3 Guidelines toDepartment Secretaries in the government apart frompreparing frequently asked questions (FAQs), briefing papers,warning letters and draft policies. The Committee alsoorganized meetings to address reported interference at the local level. For example,

    PHOTO CAPTION: Irene Patricia

    Reyes, NATT leader & head of

    Health Justice, Philippines

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    it organized meeting with League of Cities to improve City Mayors awareness of WHOFCTC Article 5.3.

    There were major outcomes fromdifferent government entities in

    Philippines in response to work done onenforcing WHO FCTC Article 5.3. LandTransportation and FranchisingRegulatory Board announced that theywill have no partnership with thetobacco industry; Commission on HigherEducation announced that they willreceive no contributions from thetobacco industry; National Youth

    Commission declared that nosponsorships from the tobacco industrywill be entertained; Department ofHealth came out with a policyincorporating the principles and recommendations of WHO FCTC Article5.3 and its Guidelines.

    Philippines is an example of first known domestic legislation inthe world applying the principles under WHO FCTC Article 5.3

    Guidelines to the government bureaucracy

    PHOTO CAPTION: CNS Executive Director Shobha

    Shukla awarded certificates to every

    participant. Left image is ofSomya Arora who isreceiving her certificate of participation from

    CNS founder-head

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    Way forward

    Identifying opportunities and challenges to use WHO FCTC Article 5.3 inour local context, participants agreed upon the following:

    Respond to advertising of nicotine chewing gums by ITC:Recommendation of Vice President of Indian Chest Society and Head ofTobacco Cessation Clinic at KGMU Dr Surya Kant was that these chewinggums should only be available upon medical prescription for tobaccocessation purposes and not sold openly.

    Strategic plan for passing a policy in line with WHO FCTCArticle 5.3: UP Tobacco Control Cell with support from a "Article 5.3Committee" committed to develop a strategic plan for passing a policy inline with WHO FCTC Article 5.3. Vote For Health campaign took the

    responsibility to constitute this committee in 30 days and establishonline communication platforms for information exchange and dialogue.

    Announcement of toll free number to report violations bygovernment's state tobacco control cell

    UP State Tobacco Control Cell to support a training ontobacco cessationif Vote For Health and CNS are ready to support itwith technical resource faculty and participants

    PHOTO CAPTION:Dr Surya Kant Tripathi, Vice President of Indian Chest Society; Chairman of UP State Task Force

    for TB control; Head of Tobacco Cessation Clinic at KGMU

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    Resources FCTC Article 5.3 Guidelines

    http://www.who.int/fctc/guidelines/adopted/article_5_3/en/

    SEATCA Toolkithttp://www.industryinterference.seatca.org/index.php?option=com_content&view=frontpage&Itemid=1

    Health Justice: www.healthjustice.ph Citizen News Service CNS: www.citizen-news.org Corporate Accountability International: www.stopcorporateabuse.org Toolkit on WHO FCTC Article 5.3 by International Union Against Tuberculosis

    and Lung Disease (The Union)http://www.theunion.org/index.php/en/resources/technical-

    publications/tobacco-control/item/2411-smoking-cessation-

    and-smokefree-environments-for-tuberculosis-patients-

    WHO Tobacco Industry Monitoring Databasehttp://www.who.int/tobacco/industry/monitoring/en/

    Annexure 1

    PHOTO CAPTION: WHO FCTC Article 5.3 Training participants

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    AgendaWHO FCTC Article 5.3 Workshop

    Lucknow, India | Saturday 7th September 2013

    TIME AGENDA Facilitator/ Speaker

    9:00-9:30 (30 minutes) Registration9:30 -10:00 (30 minutes) Welcome

    Objectives of the Workshop and IntroductionsShobha Shukla

    10:00-10:30 (30 minutes)

    10:30-10:45 (15 minutes)

    Session 1: Background

    Introduction to Corporate AccountabilityInternational, NATT, WHO FCTC, industryinterference, broad outline of Article 5.3.

    A quick overview of domestic tobacco control law(The Cigarette and Other Tobacco Products Act,2003)

    John Stewart

    - Satish Kumar Tripathi,State Tobacco Control Cell- Rahul Dwivedi

    10:45-11:00 Tea Break11:00-11:20 (20 minutes) Session 1 (cont):

    Relevance of WHO FCTC Article 5.3 in context of ourdomestic tobacco control law (The Cigarette andOther Tobacco Products Act, 2003) including keyexamples of tobacco industry interference in India

    Shobha Shukla

    11:20-11:40 (20 minutes) Session 2: Article 5.3 Guidelines, Tools andTechnical Assistance

    This session will discuss Article 5.3 Guidelines andways to incorporate them into national and state lawsas well as tools, technical assistance, and networkingto support the implementation of Article 5.3.

    John Stewart + Irene Reyes

    11:40-12:10

    (10 minutes)(10 minutes)(10 minutes)

    Session 3: Best Practices in Implementing Article5.3

    Examples of using WHO FCTC Article 5.3

    - In India- In Philippines/ SEA- Internationally

    Rahul DwivediIrene ReyesCloe Franko

    12:10 1:20pm Inaugural session- to be followed by a panel discussion on tobaccoindustry interference Welcome: Shobha Shukla

    Annexure 2

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    For more information, please contact: Rahul Dwivedi, CoordinatorAdvocacy Training Workshop on WHO FCTC Article 5.3Email: [email protected] | Phone: +91-983-999-0966

    Dr Surya Kant Tripathi, Indian Chest Society andTobacco Cessation Clinic KGMU* Dr UN Rai, District Tobacco Control Cell* Dr TP Singh, Director, Balrampur Hospital* Dr SNS Yadav, CMO

    * Ms Saroj Kumari, State Prohibition Officer* Dr Madhu Pathak, Clinical Psychologist* Dr Rishi Sethi, Cardiology,KGMU (TBC)* Professor (Dr) Rama Kant, WHO Director-Generals

    Awardee

    Moderator: Bobby Ramakant

    1:20-2:00 pm Lunch2:00-2:20 (20 minutes) Discussion/ Open Forum Rahul Dwivedi2:20-3:10

    (20 minutes)

    (30 minutes)

    Session 4: Brainstorming Applying Article 5.3

    (participants break into 3-4 groups led by a facilitatorand choose a rapporteur)

    Group activity 1:Identifying opportunities and challenges to use WHOFCTC Article 5.3 in our local context

    Shobha Shukla

    Group activity 2:Developing an action plan for Article 5.3

    (Using Article 5.3 on a problem identified in groupactivity of agenda item no.6(research, fact finding and fact checking, connectingwith potential partners, strategy building with

    partners, drafting and other action points))

    Shobha Shukla

    3:10-3:30pm Reporting back to plenary Group rapporteurs3:30 3:45pm Way forward (choosing a coordinator to ensure action

    plan is implemented, agree on ways to communicateand coordinate action, and connect with largernetworks such as NATT)

    Bobby Ramakant

    3:45-4:00 Certificates to be presented to every participant byDr Madhu Pathak, former Judge, family court;TCCKGMU; Chief Editor, Awadh Prant; and Director,Samadhan and formal vote of thanks

    Shobha Shukla

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    FacultyJohn Stewart Director, Challenge Big Tobacco

    campaign, Corporate

    Accountability International &Network for Accountability of

    Tobacco Transnationals (NATT)

    [email protected]

    Cloe Franko Senior International Organizer,

    Corporate Accountability

    International & Network for

    Accountability of Tobacco

    Transnationals (NATT)

    [email protected]

    Irene Patricia Reyes Managing Director, Health

    Justice, Philippines & Network

    for Accountability of Tobacco

    Transnationals (NATT)

    [email protected]

    Shobha Shukla Executive Director, Citizen News

    Service CNS and Vote For

    Health campaign

    [email protected]

    Dr Surya Kant Tripathi Vice President, Indian Chest

    Society & Head of Tobacco

    Cessation Clinic at KGMU

    Dr UN Rai Head of Lucknow unit of

    National Tobacco Control

    Programme, Government of

    India

    Professor (Dr) Rama Kant WHO Director-Generals

    Awardee, Founder Indian

    Society Against Smoking ISAS

    [email protected]

    Satish Kumar Tripathi UP State unit of National

    Tobacco Control Programme,

    Government of India

    Dr Madhu Pathak Director, Samadhan & Former

    Chief Counsellor, Tobacco

    Cessation Clinic at KGMU

    Manu Shresth Mishra Senior Advocate, UP High Court 94157-82844

    Bobby Ramakant Vote For Health campaign, CNS,

    Asha Parivar, NAPM & Network

    for Accountability of TobaccoTransnationals (NATT)

    [email protected]

    Rahul Kumar Dwivedi Vote For Health campaign, CNS [email protected]

    Annexure 3

    mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
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    Participants list

    Name OfParticipants

    Name Of Organization City/District

    Contact No.

    Email

    AbhishekPathak

    CBCI CARD Lucknow 9336831987

    [email protected]

    Amit KumarMishra

    Rural Dental society Lucknow 9839328221

    amit282212gmail.com

    AnuragAwasthi

    Lucknow 9335923939

    [email protected]

    ArvindBhaudauria

    Rural Dental society Lucknow 9026898216

    amit282212gmail.com

    BrihaspatiKumar Pandey

    Yuva Vikas Samiti Basti 9454309514

    [email protected]

    Dr J K Pandey Sankalp Sewa Sansthan Varanasi 8005133302

    [email protected]

    Dr Shambhu Maa Dakshin Kali Sodh Sansthan Lucknow 9532773488

    [email protected]

    Firoz Ahmad CBCI CARD Sitapur 9452767238

    [email protected]

    GarimaChaubey

    S.A.B.R.A Allahabad

    8090627182

    J.P Sharma UPVHA Lucknow 9839180521

    [email protected]

    Kapil Dev

    Kesari

    Purvanchal Rural Development and

    Training Institute PRDTI

    Ghazipur 941524

    1066

    [email protected],[email protected]

    HarendraVikram

    Purvanchal Vikas Samiti Ghazipur 9415880372

    [email protected]

    LallanChaubey

    S.A.B.R.A Allahabad

    9452340385

    [email protected]

    Manish Mishra Lucknow 9415005095

    [email protected]

    ManushresthaMishra

    Lawyer, High Court Lucknow 9415782844

    [email protected]

    Meenu Tiwari BSA Office Lucknow 9415904049

    [email protected]

    MitashreeGhosh

    FPAI 9415402137

    [email protected]

    MuktaSrivastava

    Vote For Health campaign/ CitizenNews Service - CNS

    Lucknow 8303457877

    [email protected]

    Narjis Fatima FPAI Lucknow 9453207836

    [email protected]

    Neeraj Mishra FPI 9415964243

    [email protected]

    NishantSaxena

    UIDAI Lucknow 9839021226

    [email protected]

    Om Prakash Rama Shrajan Jan Kalyan Sansthan Allahaba 993649 ramnarayanprakash@gmai

    Annexure 4

    mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected],[email protected]:[email protected],[email protected]:[email protected],[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected],[email protected]:[email protected],[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
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    Mishra d 5775 l.com

    Pradeep Dixit I Reed India Lucknow 9935640717

    [email protected]

    Preeti Gupta Cancer Aid Society Lucknow 9336829680

    [email protected]

    Preeti Rai Upekshi+Mahila Vikas Snsnthan Lucknow 958011

    2441

    [email protected]

    PujaVishwakarma

    FPAI Lucknow 9336829680

    [email protected]

    Rahul Pandey DTCC Balrampur Hospital Lucknow 9919368835

    [email protected]

    Raj Kumar Maa Dakshin Kali Sodh Sansthan Lucknow 9196006990

    [email protected]

    RamayanYadav

    Vigyan Foundation Lucknow 7376780778

    [email protected]

    Ramesh CParmar

    PSI Jaipur 9829186932

    [email protected]

    Satish Tripathi NTCP UP Lucknow 8604000135

    [email protected]

    Shri Raj STCC UP Lucknow 9455999098

    [email protected]

    ShridharPandey

    Gautam Buddh Jagriti society SiddarthaNagar

    9415163366

    [email protected]

    ShubhamTiwari

    FPI Lucknow 9648275141

    [email protected]

    Somya Arora Citizen News Service - CNS Lucknow 9532973560

    [email protected]

    S P Pathak STCC UP Lucknow 9450360328

    [email protected]

    SuryabhanTripathi

    Safe Society Gorakhpur

    9838440682

    [email protected]

    Vandana

    Chand

    FPI Lucknow 738830

    7699

    [email protected]

    Vivek Mishra Ganga Lucknow 9452181513

    [email protected]

    YatarthaMishra

    Bal Vikas Sansthan Lucknow 9415764437

    [email protected]

    PHOTO CAPTION: Shobha Shukla,

    Executive Director of

    Citizen News Service - CNS

    mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]
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    News/ media coveragearound the training

    Call to contain tobacco industryArunav Sinha, The Times of India | September 8, 2013

    LUCKNOW: A call was made to implement Article 5.3 of the global tobaccotreaty to stop tobacco industry interference in public health policy at theadvocacy training workshop conducted by UP State and Lucknow DistrictTobacco Control Cells with Vote For Health campaign in Balrampur Hospital,Lucknow on 7 September 2013. The Global Tobacco Treaty which has also beenratified by India along with 176 other countries, (formally called Framework

    Convention on Tobacco Control - FCTC) has Article 5.3, preamble of whichstates that there is a direct fundamental and irreconcilable conflict of interestbetween tobacco industry and public health policy.

    This workshop was inaugurated by Dr TP Singh, Director, Balrampur Hospital, DrSNS Yadav, CMO; Dr UN Rai of District Tobacco Control Cell, Dr Surya Kant,Chairman of State Task Force for TB Control and HOD Pulmonary Medicine,KGMU, Shobha Shukla, CNS; and Dr Madhu Pathak, Director Samadhan.

    According to the Article 5.3 Guidelines, governments such as of India should

    refuse to treat tobacco corporations as "stakeholders" in public health policy;should not invest in the tobacco industry, should not partner with tobaccocorporations to promote public health or other purposes, or should not acceptthe tobacco industry's so-called corporate social responsibility schemes whichare really just marketing by another name, said Cloe Franko of CorporateAccountability International that also supports Network for Accountability ofTobacco Transnationals (NATT).

    Annexure 5

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    Irene Reyes, Managing Director of Health Justice that has done commendablework in Philippines on FCTC Article 5.3 said that civil society has played a keyrole in Philippines to ensure that there are no partnerships, non-binding, ornon-enforceable agreements between tobacco industry and governments, novoluntary contributions by tobacco industry to governments, no tobacco

    industry-drafted legislation or policy, or voluntary codes as substitutes forlegally enforceable measures, no investments by governments or publicofficials in tobacco industry, and no tobacco industry representation ongovernment tobacco control bodies or FCTC delegations. There are Article 5.3Committees in Philippines to protect health policy from industry interference.

    Interaction between government and tobacco

    industry should be transparent and well

    documented, no photographs taken so thatindustry cannot use them to give an

    impression that they partner with the

    government, among other measures.

    The key faculty for this training includes: John Stewart, Director of ChallengeBig Tobacco campaign of Corporate Accountability International; Cloe Franko ofNetwork for Accountability of Tobacco Transnationals (NATT); Irene Reyes,Managing Director, Health Justice Philippines; Dr UN Rai, District Tobacco

    Control Cell; Satish Tripathi, UP State Tobacco Control Cell; Prof Surya KantTripathi, National Vice President of Indian Chest Society; Dr Madhu Pathak,Director, Samadhan; Prof Rama Kant, WHO Director-General's Awardee; ShobhaShukla, Bobby Ramakant and Rahul Dwivedi from Vote For Health campaign andCNS.

    The participants identified many issues to act upon including setting up ofArticle 5.3 committee in the state, using the toll-free number to reportviolations of domestic tobacco control law (Cigarette and Other TobaccoProducts Act - COTPA) among other measures.

    Online at:http://articles.timesofindia.indiatimes.com/2013-09-07/lucknow/41853765_1_tobacco-industry-global-tobacco-treaty-tobacco-

    corporations

    http://articles.timesofindia.indiatimes.com/2013-09-07/lucknow/41853765_1_tobacco-industry-global-tobacco-treaty-tobacco-corporationshttp://articles.timesofindia.indiatimes.com/2013-09-07/lucknow/41853765_1_tobacco-industry-global-tobacco-treaty-tobacco-corporationshttp://articles.timesofindia.indiatimes.com/2013-09-07/lucknow/41853765_1_tobacco-industry-global-tobacco-treaty-tobacco-corporationshttp://articles.timesofindia.indiatimes.com/2013-09-07/lucknow/41853765_1_tobacco-industry-global-tobacco-treaty-tobacco-corporationshttp://articles.timesofindia.indiatimes.com/2013-09-07/lucknow/41853765_1_tobacco-industry-global-tobacco-treaty-tobacco-corporationshttp://articles.timesofindia.indiatimes.com/2013-09-07/lucknow/41853765_1_tobacco-industry-global-tobacco-treaty-tobacco-corporationshttp://articles.timesofindia.indiatimes.com/2013-09-07/lucknow/41853765_1_tobacco-industry-global-tobacco-treaty-tobacco-corporationshttp://articles.timesofindia.indiatimes.com/2013-09-07/lucknow/41853765_1_tobacco-industry-global-tobacco-treaty-tobacco-corporations
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