Professional Documents
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tobacco industry and public health policy. On the one hand, the tobacco industry
produces and promotes a product that has been scientifically proven to be highly
addictive and harmful, and which exacerbates social ills, including poverty. On the
other hand, governments and the public health sector try to improve the health of the
population by implementing measures to reduce tobacco use. As the countries work
towards developing and enforcing tobacco control measures, interference by the
tobacco industry to counter these measures increases. The growing, manufacturing,
distribution and selling components of the tobacco industry get involved in such
interference through different means.
Article 5.3 of the WHO Framework Convention on Tobacco Control and its
Guidelines recommend how such interference should be addressed. Nineteen
delegates from different sectors of 10 countries of the WHO South-East Asia Region
attended a regional meeting on countering tobacco industry interference, from 1921
March 2013, at the WHO Regional Office for South-East Asia, New Delhi, to analyse
this issue and formulate strategies to address it.
The recommendations for the Member States were to: (1) review and revise as
needed, the terms of reference of the national tobacco control focal points;
(2) formulate and implement, within one year, a communication strategy to raise
awareness among various government and nongovernment stakeholders about
tobacco industry interference and measures to counter it; (3) develop and implement
a sustainable and systematic national and regional monitoring mechanism to ensure
that information related to the tobacco industry is current and accurate; (4) review,
and where not available, formulate a code of conduct for national officials that
provides guidance on how to prevent conflicts of interest, real or perceived, between
the civil service, elected officials and other national officials and the tobacco industry
interests; and (5) review, and where not available, formulate rules for interaction
between government and the tobacco industry, based on Guidelines for Article 5.3 of
the WHO Framework Convention on Tobacco Control.
SEA-Tobacco-48
Countering
tobacco industry
interference
SEA-Tobacco-48
Distribution: General
Contents
Page
1.2
2.2
2.3
2.4
2.5
2.6
2.7
2.8
3.2
3.3
iv
1.
Opening session
1.1
1.2
2.
Technical sessions
2.1
2.2
2.3
2.4
It was stated that the politicians make the final decision in most
cases. But it was pointed out that officials should be responsible
to ensure that the correct decision is made by the politicians in
issues such as this.
2.5
2.6
2.7
10
11
12
13
2.8
14
Discussion
As an answer to a query, it was stated that the regulation in Indonesia
requires that pictorial warnings should cover 40% of the front and back of a
tobacco pack.
The ways of countering ITGA was discussed. It was suggested that the
best approach should be countering the false arguments and statistics it
produces. For example, the actual number of tobacco farmers in some
countries was one third of the amount they claimed. The real problems of
the tobacco farmers, for example middlemen, are never discussed by this
group. Such information should be conveyed to policy-makers.
It was also stated that US NGOs were working on the issue of the
Chairman of Phillip Morris Asia being a Board member of the US ASEAN
Business Council.
3.
3.1
15
16
that tax on bidi is not increased. The bidi industry also pays experts to
speak in media and engages consultancy firms to produce reports,
especially to protect the industry. The National Board of Revenue (NBR)
holds meeting with tobacco industry every year (as part of meetings with
various other industries) before formulation of the national budget.
India
The cigarette and bidi industries support educational programmes and also
provide infrastructure such as building for educational institutions. Indian
Tobacco Company and Godfrey Phillips India (GPI) are involved in water
management projects (e.g. recycling and rainwater harvesting), climate
change, sustainable development and farm productivity programmes.
The DS Group (a leading smokeless tobacco company) conducts charitable
work through a trust it has created. Following the Gujarat earthquake in
2001, the gutkha industry distributed food and gutkha to the victims.
The DS Group has been involved in disaster relief following floods and the
tsunami in 2004, in addition to restoration of historical monuments.
GPI has also constituted a Bravery Award for heroes among the common
people. It has also associated celebrities with this award.
Tobacco companies have also been involved in sports events, fashion
shows and film awards. Front groups of the tobacco industry have opposed
the movement for banning smokeless tobacco and gutkha.
The Confederation of Indian Industries with ITC has set up a centre of
excellence for sustainable development and also organized a sustainable
development awards ceremony where important individuals attended.
The Chamber of Commerce and Industry of India supported the tobacco
industrys position on tobacco taxation.
The tobacco industry has instituted legal action against many tobacco
control measures implemented. Members of Parliament who are lawyers
often represent tobacco companies. The Chairman of ITC has been
nominated as Director in the Reserve Bank of Indias (the Central Bank of
India) Central Board. When strong pictorial warnings were to be
implemented in 2010, the tobacco industry claimed that it has stopped
production causing an economic loss of up to Rs 100 crore per day using
front groups. Some members of the Indian film industry have litigated the
tobacco companies for their support in promoting smoking in films.
17
The industry and its allies have also filed more than 70 court cases against
the ban on smoking in public places. According to the 2011 Annual Report
of ITC, it has donated to several political parties. The government insurance
companies have invested in ITC and DS Group.
Indonesia
There are many tobacco industry front organizations such as the Indonesian
Tobacco Farmers Association (APTI), Indonesian Tobacco Society Alliance
(AMTI), Tobacco Labour Alliance, Save Clove Cigarettes National
Coalition and allied organization, such as advertising agencies and
hospitality industries.
The tobacco industry also succeeded in deleting a clause from Article
113 of Health Law No. 36/2009, which states that tobacco is addictive.
It has delayed the adoption of Government Regulation on Tobacco Control
(PP 109/2012) discussed since 2009 through demonstrations by front
groups and public opinion building in the media. The National Association
of Kretek Community submitted the Tobacco Draft Bill which
accommodates tobacco industry interests and harms public health interests.
The industry also interfered with the process of drafting the Ministry of
Health Decree on Graphic Health Warning (February 2013) and has been
successful in delaying the country adopting the WHO FCTC.
The tobacco industry is also actively taking legal action against
tobacco control measures. Bambang Sukarno DPRD (Regional House of
Representatives Temanggung) filed Judicial Review of Health Law to
Constitutional Court requesting the deletion of Article 113 (2) of Health
Law. There was also a citizen lawsuit against Governor Decree No. 88/2010
which eliminates Designated Smoking Rooms claiming that it violates
human rights. Both cases were dismissed.
There are also many examples of CSR activities of the tobacco
industry. Sampoerna Foundation funds the development of educational
module to be integrated into the national curriculum for schools. It also
sponsors educational programmes through scholarships to Sampoerna
School of Business and Management ITB. Sponsorship of sporting events is
common, for example, Indonesia Soccer League and PB Djarum
Scholarship for Badminton. Disaster relief/assistance is given by Sampoerna
18
19
environment and agriculture programmes in the past. There are only two
instances of litigation against tobacco policies. The first was a legal action
against the national tobacco law when it was first formulated in 2006 which
the industry lost. The second is the litigation against the Ministry of Health
gazette notification on pictorial health warnings issued under the above act.
The Appeals Court verdict issued in February 2013 went against the
tobacco industry. The tobacco company has appealed against this decision,
which is being heard in the Supreme Court at present.
Thailand
There are several CSR activities reported in Thailand. One Province One
Scholarship Project for education, distributing life-saving bags to victims of
the mega flood in 2011, sponsorship for the production of the Royal
Anthem shown in movie theatres, sponsoring of sporting events and sports
club for the Thailand Provincial league soccer are some of them. The front
groups are Thai Tobacco Association (TTA), tobacco farmers and Boston
Consulting Group. Their allies are Price Water House Cooper and
consulting groups such as the law firm Baker & McKenzie. The tax benefit
enjoyed by the industry is duty-free sales at the airport. Rallies and protests
by farmers are some means used by the industry for intimidation.
Discussion on group work 1 presentations
It was stated that in India there are government institutes mandated to
support tobacco control, such as the Tobacco Board and the Department of
Agriculture. Delegates from these organizations can be included in official
government delegations. As a solution, it was suggested that the objective of
the institution has to be taken into account when selecting for delegations.
For example, a person from the Tobacco Board of the Philippines was
withdrawn from the delegation to the Conference of Parties. It was also
suggested that civil society can play an active role in pointing out such
conflicts of interest to governments as government may not have
mechanisms in place to spot such issues.
20
3.2
India
22
Indonesia
Maldives
23
Myanmar
Nepal
24
Sri Lanka
The Ministry of Health has the ability to establish its own code of
conduct and meeting guidelines. There have been no recent
attempts by the industry to offer legislative language for tobacco
or other public policy.
Thailand
26
3.3
27
4.
28
30
31
5.3,1 resources available from NGOs such as SEATCA2 and the International
Union Against Tuberculosis and Lung Disease.3
Recommendations for WHO are as follows:
increase support and funding to implement the abovementioned recommendations as well as other measures to
implement Article 5.3 and its Guidelines;
http://www.who.int/tobacco/publications/industry/technical_resource_article_5_3/en/index.html
http://www.industryinterference.seatca.org/
http://www.tobaccofreeunion.org/content/en/446/
32
Annex 1
33
34
35
finally it was we the tobacco control advocates that defeated the tobacco
industry in these cases.
Distinguished Participants, Ladies and Gentlemen,
I would like to urge Member States to dedicate their efforts to resist
tobacco industry interference in all forms. The tobacco epidemic is growing
unabated, and, if appropriate measures are not taken at the earliest to avert
the crisis, it will get out of hand.
This meeting will provide opportunities for the participants to learn
more about the situation of tobacco industry interference in the Region and
to identify needs and gaps and to work out national policies and measures
to counter tobacco industry interference. I am confident that at the end of
the deliberations, you will be able to meet the objectives of the meeting
and act more effectively and efficiently towards implementation of Article
5.3 of the WHO FCTC.
Unquote
Ladies and gentlemen, I shall, of course, apprise the Regional Director
of the outcome of this meeting. I would also like to take this opportunity of
wishing you a fruitful and productive meeting and a pleasant stay in New
Delhi.
Thank you
36
Annex 2
Specific objectives
for
the
Agenda:
37
38
Annex 3
List of participants
Bangladesh
Mr Md. Azam-E-Sadat
Deputy Secretary
Ministry of Health and Family Welfare
Government of the Peoples Republic of
Bangladesh
Dhaka
Mr Md. Shahidul Hoque Bhuia
Deputy Secretary
Ministry of Information
Government of the Peoples Republic of
Bangladesh
Dhaka
Bhutan
Mr Tshering Gyeltshen
Communication Officer
Health Promotion Division
Department of Public Health
Ministry of Health
Thimphu
Mr Choki Gyeltshen
Assistant Information and Media Officer
Department of Information and Media
Ministry of Information and Communication
Thimphu
India
Dr L. Swasticharan
Chief Medical Officer
Directorate General of Health Services
Ministry of Health and Family Welfare
New Delhi
Indonesia
Dr Prima Yosephine
Deputy Director
Chronic and Degenerative Disease Control
Directorate of Non-Communicable Disease
Control, Ministry of Health
Jakarta
39
Sri Lanka
Dr (Mrs) T.L.C. Somatunge
Deputy Director General (MS)
Ministry of Health
Colombo
Mr T D K. Jayantha
Journalist
No. 4A, Maddumagewatte
Nugegoda
Thailand
Mr Chirawat Yoosabai
Legal Officer
Bureau of Tobacco Control
Department of Disease Control
Ministry of Public Health
Nonthaburi
Mrs Sumonpan Kosonsiriset
Mass Communications Officer
Senior Professional Level
Director, Programme Production Division
National Broadcasting Services of Thailand
The Government Public Relations Department
Office of the Prime Minister
Bangkok, Thailand
Timor-Leste
Mr Danino Araujo Orleans
Unit Officer
Non Communicable Diseases
Ministry of Health
Dili
Mr Juvenal da Costa Ximenes Pires
Public Service for Secretary State of Social
Communication, Government of Timor Leste
Timor-Leste.
Dr Monika Arora
Head
Health Promotion and Tobacco Control Public
Health Foundation of India
New Delhi, India
Dr Shailesh Vaite
Regional Coordinator
(South-East Asia)
Alliance
124, DDA Pocket-6, Sector-12
Dwarka
New Delhi
40
Temporary Advisers
Indonesia
Ms Dina Kania
National Professional Officer
WHO Country Office
Jakarta, Indonesia
Dr Mary Assunta
Director
International Tobacco Control Project
Cancer Council
Australia
WHO Headquarters
Dr Nuntavarn Vichit-Vadakan
Dean
The School of Global Studies
Thammasat University
Thailand
Observers
Miss Titiporn Gunvihok
Plan and Policy Analysis
Bureau of Tobacco Control
Department of Disease Control
Ministry of Public Health
Thailand
Mr Umesh Chawla
Programme Analyst
UNDP
55, Lodhi Estate
New Delhi
India
Dr Armando Peruga
Programme Manager
Tobacco Free Initiative
WHO/HQ
Geneva
Switzerland
WHO Regional Office for South-East Asia,
New Delhi, India
Dr Athula Kahandaliyanage
Director
Department of Sustainable Development
and Healthy Environments
Dr Nyo Nyo Kyaing
Regional Adviser
Tobacco Free Initiative
Dr Dhirendra N. Sinha
Regional Adviser
Surveillance (Tobacco control)
Ms Barbara Zolty
Bloomberg Project Officer
WHO secretariat
WHO country offices
Bangladesh
Dr Syed Mahfuzul Huq
National Professional Officer
WHO Project Officer for NCD
C/o WCO-Bangladesh
Dhaka
India
Ms Vineet Gill Munish
National Professional Officer
WHO Country Office, India
New Delhi
41
Annex 4
Agency in charge of
implementation and follow
up
Decision-maker
Minister/Secretary
Sectors/agencies involved
No
No
Timeline to implement
10 months
Measurable outcomes
Bhutan
The National Assembly of Bhutan during the Eighty-second session held on
12 August 2004 ratified the WHO Framework Convention on Tobacco
Control (FCTC). At the same time, the National Assembly passed a
resolution banning the sale of tobacco products in the Kingdom, a proposal
that came from community representatives in 20 districts. Consequently,
the Royal Government also issued directives restricting the import of
42
India
Policy
Gather and
compile industryrelated data as per
FCTC Article 13.4
D and make them
available in public
domain
Denormalize the
industry regarding
tobacco industry
interference
Code of conduct
for civil
servants/interaction
with tobacco
industry
Code of conduct
for elected
officials/interaction
with tobacco
industry
Awareness and
observance of the
WHO FCTC
Guidelines on
implementation of
Article 5.3 nc 5.3
regarding tobacco
industry to other
ministries
Agency in
charge of
Decision
-maker
MoHFW
MoHFW
Sectors/
agencies
involved
MoHFW
Type of
measure
needed
Order
Require
additional
funding
Yes
Require
additional
staff
Yes
Timeline
Measurable
outcome
Partners
and allies
1 year
Reports
from the
industry
Civil
societies
Civil
Societies
Need for
violation
penalties
Yes
Civil
societies
Media
Civil
societies
Civil
societies
Media
Data
Yes
Yes
1 year
Media
reports
MoHFW
No
MohFW,
WHO and
other Mins
MohFW
other
Mins
MohFW
and other
Mins
Order
No
No
1 year
Implementa
tion reports
MohFW
and other
Mins
Yes
MoHFW
and
parliame
ntary
affairs
MohFW
and other
Mins
Civil
societies
MoHFW
and
parliame
ntary
affairs
MohFW
and other
Mins
Civil
societies
MohFW ,
WHO
Civil
societies
MohFW,
WHO and
other Mins
Civil
societies
Civil
societies
Resolutio
n/order
Yes
Yes
2 years
Order
Order
No
No
1 year
Implementa
tion reports
Reactivation
of the IMTF
and regular
meetings
Civil
societies
MoHFW
and
parliamen
tary affairs
MohFW
and other
Mins
Yes
Yes
Civil
societies
43
Indonesia
Activity
Objective
Agency in
charge
Agencies
involved
Timeline
Develop
national
summary and
guidelines on
TII in
Indonesia
Provide
evidence-based
examples of TII
occurring in
Indonesia
MoH
Collaborates
with civil
society
Q3 2013
National
workshop on
TII
Build awareness
on TII among
related ministries
MoH WHO
MoH, MoE,
MoT, MoI,
MoA, MoF,
MoCI, MoF,
MoHA, MoYS,
MoWE
Q3 2013
Develop
ministerial
order on
interministerial
task force to
counter TII
Establish a
sustainable task
force to guard TC
policies from TII
MoH
Same as the
above
Q3Q4 2013
Regular Task
Force
Meeting
To monitor, alert
and discuss
necessary actions
by respective
ministries and
ensure the
implementation
of TC policies
MoH
Same as above
Quarterly and
as needed
Subnationallevel
workshop on
TII
Build awareness
on TII for
government at
subnational level
MoH
Local
government
2014
44
Nepal
Measure selected
Agency in charge of
implementation and follow-up
Ministry of Health
Decision-maker
Minister
Sectors/agencies involved
Yes
Yes (few)
Timeline to implement
12 months
Measurable outcome
Maldives
Priority measures:
raise awareness,
develop regulation,
Measure selected
Agency in charge of
implementation and follow-up
45
Decision-maker
TCB
Sectors/agencies involved
Yes
Yes
Timeline to implement
Measurable outcomes
Myanmar
Measure selected:
Agency in charge of
implementation and follow-up
Decision-maker
Sectors/agencies involved
Timeline to implement
46
Measurable outcomes
Sri Lanka
Measure selected
Agency in charge of
implementation and follow-up
Ministry of Health
Decision-maker
Minister/Secretary of Health
Sectors/agencies involved
No
WHO
Disciplinary action
47
Thailand
Priority measures:
Measure selected
Agency in charge of
implementation
Agency in charge of
follow-up
Decision-maker
Sectors/agencies involved
All ministries
Regulation/notification
No
Timeline to implement
24 months
Measurable outcomes
Regulation
None
48
SEA-Tobacco-48
Countering
tobacco industry
interference