Release: Big Tobacco Attempts to Smuggle Loopholes Into Global Tobacco Treaty

Ratifying countries criticized for collaboration with Philip Morris International and British American Tobacco

For Immediate Release:
July 1, 2009

Contacts:
Bryan Hirsch, +41 76 547 3476
Susan Cavanagh, +41 78 626 4490

GENEVA– Today NGOs released an exposé highlighting new tobacco industry tactics to undermine implementation of the global tobacco treaty, formally known as the World Health Organization Framework Convention on Tobacco Control (WHO FCTC). The report comes at the midpoint of an eight-day negotiating meeting on a protocol to the FCTC on illicit tobacco trade, where tobacco giants such as Philip Morris International (PMI), British American Tobacco (BAT) and Japan Tobacco (JT) have a strong presence. The document, produced by Corporate Accountability International and the Network for Accountability of Tobacco Transnationals (NATT), criticizes FCTC Parties such as Lebanon and the Philippines for collaborating with tobacco corporations and falling short of commitments under the treaty.

FCTC Article 5.3 obligates treaty Parties to “protect [public health] policies from commercial and other vested interests of the tobacco industry in accordance with national law.” Guidelines for the implementation of this measure were adopted at the third Conference of Parties (COP) last November in Durban, South Africa (full text available online: http://www.who.int/fctc/guidelines/article_5_3.pdf). “In November, ratifying countries unanimously adopted rigorous guidelines to protect public health policy against tobacco industry interference,” explains Kathryn Mulvey, International Policy Director for Corporate Accountability International. “Now, Big Tobacco is trying to get governments to ignore their obligations under the treaty and make exceptions to these new rules. We urge the international community to reject the tobacco industry’s attempts to subvert the FCTC and derail the illicit trade protocol.”

The tobacco corporations and civil society do seem to agree about one thing: the protocol on illicit trade is precedent-setting. This is the first high-profile tobacco control issue to be taken on at the global level since last November, when three sets of implementation guidelines were adopted – on banning tobacco advertising, promotion and sponsorship; effective warning labels; and protecting against tobacco industry interference. NGOs are calling on treaty Parties to follow through on their commitments. Meanwhile the tobacco lobby is present and visible at this week’s negotiations in full force, seeking to influence the content of the protocol to its own advantage and chip away at the safeguards of Article 5.3.

PMI has invited delegates to attend private meetings at the Intercontinental Hotel throughout the week. In contrast to the previous two negotiating sessions, this week the public gallery has been packed full of tobacco industry lobbyists. On Monday there were more than forty people in the gallery.

Twenty-three of the twenty-eight people willing to identify themselves were from the tobacco industry, including twelve from BAT, seven from JT, one from Imperial Tobacco, and one from the Tobacco Institute of South Africa.

The FCTC Article 5.3 guidelines instruct ratifying countries to “Establish measures to limit interactions with the tobacco industry and ensure the transparency of those interactions that occur” (Recommendation 2). But last month Lebanon played host to British American Tobacco’s (BAT) two-day conference on illicit trade, where Lebanese Minister of Finance Dr. Mohammed Shateh and other high-level public officials from the region reportedly met with BAT behind closed doors to discuss taxes, smuggling and other policy issues.

The guidelines also recommend that treaty Parties, “Reject partnerships and non-binding or non-enforceable agreements with the tobacco industry” (Recommendation 3). But last month Philippines customs authorities signed a Memorandum of Understanding with Philip Morris Philippines, through which the corporation will presumably gain access to law enforcement personnel and customs data. (This is the same corporation that was accused by Thailand two years ago of exploiting customs procedures and evading taxes by understating the value of exports.)

The guidelines begin with the principle that ‘There is a fundamental and irreconcilable conflict between the tobacco industry’s interests and public health policy interests” (Principle 1) and urge Parties to avoid conflicts of interest for government officials and employees (Recommendation 4). Yet PMI reports meeting with 2,800 government agencies and 8,000 government employees to promote its system for tracking and tracing cigarette products.

“This report is a powerful reminder to FCTC Parties that the tobacco industry is not and cannot be a partner in tobacco control initiatives,” said Laurent Huber, Director of the Framework Convention Alliance (FCA). “The FCTC is motivated by a desire to protect human health and the tobacco industry is motivated by profit which inherently undermines human health, therefore the two are in direct opposition.”

View the full report Clearing the Smoke-Filled Room: An Exposé on How the Tobacco Industry Attempts to Undermine the Global Tobacco Treaty and the Illicit Trade Protocol online:
English: http://www.stopcorporateabuse.org/sites/default/files/INB3%20English%20F...
Spanish: http://www.stopcorporateabuse.org/sites/default/files/INB3%20Spanish%20F...
French: http://www.stopcorporateabuse.org/sites/default/files/INB3%20French%20FI...

###

Corporate Accountability International, formerly Infact, is a membership organization that protects people by waging and winning campaigns challenging irresponsible and dangerous corporate actions around the world. For 30 years, we’ve forced corporations—like Nestlé, General Electric and Philip Morris/Altria—to stop abusive actions. Corporate Accountability International, an NGO in Official Relations with the World Health Organization (WHO), played a key role in development of the Framework Convention on Tobacco Control (FCTC).

The Network for Accountability of Tobacco Transnationals (NATT) includes more than 100 NGOs from over 50 countries working for a strong, enforceable Framework Convention on Tobacco Control.

The FCA is an alliance of more than 350 organisations from more than 100 countries working to rid the world of the death and disease caused by tobacco through the ratification, monitoring and implementation of the Framework Convention on Tobacco Control.