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FCTC Backgrounder What is a Framework Convention? A framework convention is a type of legally-binding international treaty establishing general guidelines and principles for international governance on a particular issue. Separate, more detailed legal instruments called protocols can be attached to a framework convention to address specific aspects of an issue. A number of examples of this framework convention/protocol model exist in the environmental field, including the 1992 UN Framework Convention on Climate Change (UNFCCC), with its 1997 Kyoto Protocol, and the 1985 Vienna Convention for the Protection of the Ozone Layer with its 1987 Montreal Protocol. Typically a framework convention might establish objectives, principles, basic obligations and institutions as well as procedures regarding decision-making, finance dispute settlements and amendments. Protocols then build on the parent agreement through the elaboration of additional or more specific commitments and institutional arrangements. It is worth noting however that framework conventions come in many shapes and sizes. Some contain only bare-bones provisions, such as the Vienna Convention, whilst others contain more detailed obligations and institutional mechanisms, such as the UNFCCC. What is the Framework Convention on Tobacco Control (FCTC)? The FCTC is a global treaty developed over several years and adopted in May 2003 by the 191 member states of the World Health Assembly. The FCTC is the world’s first global public health agreement devoted entirely to tobacco control. In the Convention itself governments agree to pursue broad goals on international tobacco control. A number of related protocols on more specific topics will probably also be negotiated. Possible issues that could be addressed in protocols include: advertising and sponsorship and smuggling. Later protocols might address topics such as agricultural policies, product regulation, and pricing. A protocol on tobacco advertising and sponsorship, for example, could include a global ban on all forms of tobacco promotion. A smuggling protocol could bring the international transport of cigarettes under strict control to prevent the current smuggling of one third of all cigarettes entering international commerce. Such controls could include increased penalties for smugglers, and a requirement for tax-paid stamps and anti-fraud markings on all tobacco products to distinguish between legal and illegal goods, making contraband products easier to detect and the laws easier to enforce. Why do we need an international treaty on tobacco control? Isn’t national action sufficient? International action to tackle the tobacco epidemic is needed for a number of reasons:
How could the FCTC further international tobacco control? In addition to specific obligations contained within the FCTC and related protocols, the process of developing the FCTC is likely to be very important for strengthening tobacco control internationally. The process should enable and encourage governments to strengthen their national tobacco control policies. This may occur in a number of specific ways, such as by:
The process of developing the FCTC is also likely to:
Will the FCTC be legally binding and enforceable? Framework conventions and protocols are legally binding on parties who ratify them (that is, on states who have expressed their consent to be bound by them). Framework conventions usually entail more general obligations whilst protocols entail more specific obligations. The onus will be on national governments to implement the FCTC and protocols, but the WHO can monitor and supervise this. The detail of how the FCTC and protocols will be enforced is to be agreed by negotiating parties, but one option would be to introduce a system whereby national governments have to report back on a regular basis about what measures they’ve implemented to abide by the FCTC. These reports can then be critically evaluated by WHO, member states and NGOs. Such "institutionalised periodic review" is a basic feature of many environmental agreements, including the Montreal Protocol. In the case of the UNFCCC, reports submitted by developed countries are subjected to an "in-depth" review by outside experts involving a visit to the country concerned to gather information and to meet governmental officials and NGOs. A further option is for compliance by the parties to be regularly audited by an independent technical committee. The International Labour Organisation (ILO) adopts this approach, followed by a public debate of the audited reports. The procedure involves the active participation of both trade unions and employers’ associations. Disputes between parties can be dealt with in a variety of ways. The Vienna Convention and the UNFCCC, for example, include provisions for compulsory conciliation, where the dispute is referred to a commission which examines the facts and makes recommendations. Several environmental regimes have developed procedures designed to help a state implement its obligations in the future rather than adjudicating on past violations. In the UNFCCC this is referred to as a "multilateral consultative process" Are international treaties ever effective? Experience from other fields has shown that international conventions can lead to significant action being taken and tangible results. In the environmental field, for example, production and consumption of substances which deplete the stratospheric ozone layer have declined dramatically over the last decade as a result of the Montreal Protocol attached to the Vienna Convention. The 1979 Convention on Long-range Transboundary Air Pollution (LRTAP) and attached protocols have also been successful, resulting in reductions in the levels of various pollutants. Which government ministries are expected to be involved in the process? Ministries of Health are likely to play a leading role, together with Ministries of Foreign Affairs in many countries. Ministries of Overseas Development, Finance, Trade, Agriculture, Environment, Labour, Justice and Education may also come into the ambit at different times. How many governments would ultimately need to ratify the FCTC for it to come into force? ‘Ratification’ is an act by which a state expresses its consent to be bound by a treaty. It follows the ‘signing’ of the treaty, which is usually a preliminary step. Environmental treaties provide a guide about the numbers of ratifications which might typically be specified, ranging from 20 in the case of the Vienna Convention to 50 for the UNFCCC. In the case of the FCTC, the number of parties who must ratify the convention for it to ‘enter into force’ (ie become legally binding) has been agreed to be forty (40), and this was acheieved in record time in November 2004. The FCTC came into force on February 27, 2005. How will the FCTC affect the economies of countries which are heavily dependent on growing tobacco? In its recent important report,
‘Curbing the Epidemic: Governments and the Economics of Tobacco Control’,
the World Bank states that: "…the negative effects of tobacco control
on employment have been greatly overstated. Tobacco production is a
small part of most economies. For all but a very few agrarian countries
heavily dependent on tobacco farming there would be no net loss of jobs,
and there might even be job gains if global tobacco consumption fell.
This is because money once spent on tobacco would be spent on other
goods and services, thereby generating more jobs". However, the
report concludes that there are a small number of countries whose economies
are heavily dependent on tobacco farming, mostly in Sub-Saharan Africa,
for whom a global fall in tobacco demand (such as that which may result
from an effective FCTC) would result in job losses. The World Bank recommends
policies to aid adjustment for such countries, including assistance
with crop diversification, rural training and other safety net systems.
The World Bank points out that even if demand for tobacco were to fall
significantly it would occur slowly, over a generation or more, so there
would be plenty of time for such adjustment to occur. For more information
on the Framework Convention on Tobacco Control (FCTC), For more information on the
Framework Convention Alliance (FCA) , the international alliance
of non-governmental organisations working to build support for the Convention, |
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