The Role of Civil Society in the FCTC* Process

2007 Johns Hopkins Bloomberg School of Public Health 2007 Johns Hopkins Bloomberg School of Public Health

The Role of Civil Society in the FCTC* ProcessThe Role of Civil Society in the FCTC* Process

Laurent HuberFramework Convention Alliance (FCA)

* FCTC: Framework Convention on Tobacco Control

2007 Johns Hopkins Bloomberg School of Public Health 2007 Johns Hopkins Bloomberg School of Public Health

Section ASection A

The Roles of Non-Governmental Organizations (NGOs) and Civil Society in the FCTC Process

3 2007 Johns Hopkins Bloomberg School of Public Health 2007 Johns Hopkins Bloomberg School of Public Health

Learning Objective

Provide an overview of the role of civil society in the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) negotiation process, from development to implementation and monitoring


The FCTC

The first international public health treaty negotiated under the auspices of the WHO

Objective: to protect present and future generations from the devastating health, social, environmental, and economic consequences of tobacco consumption and tobacco smoke exposure

Roadmap that could lead to comprehensive tobacco control programs and strategies at the international, national, regional, and local levels


The FCTC as a Global Public Good

“The WHO FCTC is a powerful global public good for health, in that it is catalyzing international health cooperation to reduce the burden of disease attributable to tobacco consumption”

—World Health Organization


Challenges to FCTC Success

In many countries, including many developing ones: Domestic legislation is nonexistent or extremely weak The tobacco control movement is in its infancy Tobacco control is not perceived by politicians as a

public health priority Resources for tobacco control are nonexistent The tobacco industry wields great political and

economic power


Civil Society and NGOs in the FCTC

Preamble of the WHO FCTC Emphasizes special contribution of NGOs and other

members of civil society to tobacco control efforts

Article 4.7 of the WHO FCTC The participation of civil society is essential in achieving

the objectives of the Convention and its protocols


FCTC Process: NGO/Civil Society Participation Critical

NGO involvement results in stronger treaties with shorter timelines International Code on Marketing of Breast-Milk Substitutes Landmine Treaty FCTC

NGOs have more political independence than governments or WHO

NGOs can better catalyze and coordinate NGO coalitions

The engagement of civil society in a treaty-making process is a key aspect of democracy and good governance

Role of civil society and NGOs in this process is to raise the bar


UN Secretary General Report to UN General Assembly

“The degree to which a world conference mobilizes the attention of NGOs and other organizations of civil society has become an important criterion for judging its success.”

“The massive presence of NGOs . . . [has] increased public awareness of the conferences and the issues they dealt with and, ultimately, of the United Nations, and was a driving force for the setting of international norms and standards.”

“Determined, knowledgeable and well-organized NGOs that are willing to form caucuses and alliances can achieve successes in advocacy and lend tremendous weight to international and United Nations-led campaigns.”

—Kofi Annan (1998)


The Framework Convention Alliance (FCA)

Comprised of 300+ NGOs from 100+ countries

A true global tobacco control coalition

Brought together health, consumer, human rights, environmental, religious, and other groups to address tobacco

Powerful voice in WHO FCTC negotiation process

Image source: Huber, L. (2006).


Mission of the Framework Convention Alliance

The FCA mission is to carry out effectively the watchdog function for the WHO FCTC

To develop tobacco control capacity, particularly in developing countries to support the ratification, accession, implementation, and monitoring of the FCTC

To promote and support a network for global tobacco control campaigning


Civil Society’s Presence in the WHO FCTC Process

FCA NGO representatives have participated in: All six treaty negotiating sessions, as well as two

working group sessions Dozens of regional treaty meetings Several annual meetings of the World Health Assembly Two Open-Ended Intergovernmental Working Group

(IGWG) meetings The First Conference of the Parties (COP) and Expert

Working group meetings


Images source: Huber, L. (2006).

Ensured NGO Presence During WHO FCTC Negotiations

A key element of FCTC success was ensuring that voices of world were present

Governments and NGOs from around the world participated

Presence of wealthy as well as low- and middle-income countries


Ensured NGO Presence During IGWG1, IGWG2, COP1



Perspective from a Member of the U.S. Delegation

“The NGOs in Geneva were well organized and outspoken.”

“…an assortment of other NGOs banded together to form an umbrella organization called the Framework Convention Alliance.”

“…the NGOs worked the halls masterfully and, for all intents and purposes, filled the roles of deeply entrenched Washington insiders.”

— Gregory Jacob (2003)

Source: The University of Chicago Journal of International Law. (2004).



Civil Society Expertise

Civil society brought top experts to needed fields Smoke-free policy,

litigation, best practices, product health warnings, and other experts

Provided powerful briefings for governments to use



FCA Bulletin



Briefings for Delegates Negotiating the WHO FCTC

Provide expert testimony on the relevant issues and research


Staged Events During FCTC Meetings



Guidelines on Implementation/Elaboration of Protocol

Treaty is a good road map—but not the final solution A country could be fully compliant with FCTC without

fully protecting the public’s health

Guidelines are being developed by the Secretariat and the COP

Guidelines will not be legally binding, but they will provide what constitutes effective evidence-based implementation of the articles of the treaty


Guidelines on Implementation/Elaboration of Protocol

Civil society Involved in the expert group tasked with elaborating a

template for a protocol on illicit trade Participated in the meeting of key facilitators, experts,

and other interested parties on the elaboration of guidelines on Articles 8, 9, and 10

Participated in an ad-hoc study group on alternative crops


Civil society worked at the national level to promote the FCTCoutside of the FCTC/WHO forum through Inter-governmentalNegotiating Body Meetings

Capacity building trainings were organized to assist implementation or ratification of the treaty by involving civil society at the national level

Media to Advocate in Favor of the FCTC



Capacity Building in Tobacco Control

Ca·pac·i·ty: the ability to perform functions, solve problems, and achieve objectives United Nations Development Programme (UNDP)

definition

The ability to respond to tobacco control comprehensively

Help NGOs develop specific, concise strategic plans to achieve a certain goal


Capacity Building Workshops



FCTC Role

Assess needs or gaps that countries have at the national level

Develop specific strategic plans

Assist and provide grants to support country-level strategic plans


Capacity Building Trainings



Legislative Workshops and Legislative Clearing House




National Level Advocacy Events


Image source: adapted by CTLT from the World Health Organization. (2007).

Regional/Sub-Regional Coordination

More activities in support of tobacco control

Better grants and proposals

Better exchange of communication



International Advocacy Campaigns

Online petitions

Fax, letter campaigns

Letters to presidents, prime ministers, kings

Lobbying governments to sign/ratify/accede/implement the FCTC


Image source: The Framework Convention Alliance. (2006).

Ensuring Effective Implementation


Source: Nathan, R. (2004).

Effective Evidence-Based Policies and Legislation


Article 21: Reporting and Exchange of Information

“Each Party shall submit to the Conference of the Parties, through the Secretariat, periodic reports on its implementation of this Convention…”

— FCTC Article 21

Source: World Health Organization. (2007).


Monitoring Implementation of the FCTC: COP Decision

Parties agreed to a graduated reporting system under which they are required to report on some articles after two, five, and eight years of entry into force

Parties agreed that their objective in reporting: “is to enable Parties to learn from each others’ experience in implementation and not to develop a checklist on implementation”


Image source: Physicians for a Smoke-Free Canada. (2007).

The Clock Is Ticking

February 27, 2008 40 original ratifying countries must

have health warnings on packages

February 27, 2010 40 original ratifying countries must

have ad ban in place


Monitoring the Implementation of the FCTC

Civil society has the responsibility to develop and implement a monitoring and reporting mechanism whose mission is to monitor the implementation and respect of the Convention (a check list on implementation) Example: The Land Mine Monitor: 1997 Mine Ban Treaty



FCA FCTC Monitor Data Collection System


What Is the FCA FCTC Monitor Data Collection System?



Who Will Collect the Data?

Civil society and NGOs will collect and analyze the data around the world They will make policy recommendations based on what

is taking place at the national level


What Topics Will Be Included?

Background information on key informant and country overview, includes information on: Tobacco

control programs

Non-governmental organizations

Media coverage

Industry interference



FCTC implementation includes information on: FCTC signature

and ratification FCTC

obligations as outlined in Articles 6, 8, 11, and 13

Other FCTC initiatives



Supplemental documents Allow data

collector to upload pictures, texts of legislation, and other examples



Going beyond the numbers, including a narrative description of tobacco control in the country


Civil Society Monitoring of the FCTC

June 30, 2007 during COP2

Mirrored the countries’ reports submitted to COP2



ASEAN Tobacco Control Report Card

Image source: Southeast Asia Tobacco Control Alliance. (2007).


National Level Reports

Images source: Organizaciones de la Sociedad Civil (OSCs). (2006).



Images source: Organizaciones de la Sociedad Civil (OSCs). (2007).



Images source: Canada Coalition for Action on Tobacco. (2006).

Documents

The Role of Civil Society in the FCTC* Process