The National Action Plan(NAP) on

Article 5.3 of FCTC

Ee

Dr Ziauddin Islam
Technical Head , Tobacco Control Cell,
Ministry of National Health Services,
Regulations & Coordination
Islamabad.
March 24 , 2021 PC Karachi
Objectives
• To build capacity of governments and relevant agencies for
full implementation of Article 5.3 of the WHO FCTC and its
guidelines.
• To discuss measures as recommended by WHO FCTC Article
5.3. Guidelines to prevent interference by tobacco industry
• To discuss possible areas of collaboration in implementing
Article 5.3 of the WHO FCTC.
• To discuss National Action Plan on Article 5.3 by Mo NHSRC
The WHO
• First Framework
international treatyConvention onarticle
adopted under Tobacco
19 of the
Control
WHO(WHO FCTC)
constitution.
• Came into force on the 27th February 2005.
• Signed by 168 countries and is legally binding in 182
ratifying countries.
• Pakistan signed and ratified in 2004
WHO Framework Convention on Tobacco Control (FCTC)

Guidelines on Article 5.3

Protection of tobacco control policies

from commercial or vested interests of
tobacco industry
Remember: who is the “tobacco industry”
• WHO FCTC defines the tobacco industry as “tobacco
manufacturers, wholesale distributors and importers of tobacco
products”
• Others involved in the supply and production chain
• Industry allies and third parties
• benefit from the sale of tobacco products or from tobacco
sponsorship
Why consider the industry tactics?
The tobacco industry plays a key role in the tobacco
epidemic – we need to know the industry in order
to develop effective and feasible tobacco control
policies.

Industry voluntary or self-regulatory

measures have not been proven to be
effective tobacco control measures.
Tobacco industry main goals

• Growth and profit

• Protect marketing freedoms
• Protect the industry and the smoker
• Maintain and enhance social acceptability of tobacco use
• Improve public image through “good corporate”
citizen’s action
• Corporate Social Responsibility (CSR)
WHO, FCTC and Monitoring the industry
 Resolution 54.18 of the 54th World Health Assembly (May 2001)
Monitoring the industry and sharing information
about industry’s strategies to derail tobacco control.
• WHO FCTC
“…be alert to any efforts by the tobacco industry to
undermine or subvert tobacco control efforts and the
need to be informed of activities of the tobacco
industry that have a negative impact on tobacco
control efforts…”
 FCTC and Monitoring the industry
• WHO FCTC Article 5.3

“In setting and implementing their public health

policies with respect to tobacco control, Parties shall
act to protect these policies from commercial and
other vested interests of the tobacco industry in
accordance with national law.”
FCTC and Monitoring the industry

• WHO FCTC 20.4 (c)

"cooperate with competent international

organizations to progressively establish and
maintain a global system to regularly collect and
disseminate information on tobacco production,
manufacture and the activities of the tobacco
industry which have an impact on the
Convention or national tobacco control
 Strategies • Lobbying and political
used by the •
•
Economic arguments
Supply and sale chain allies,
tobacco •
third parties and front groups
Funding of scientists and
industry •
researchers
Corporate social responsibility
movement
• Education, environment
Guidelines on Article 5.3

• The aim of these guidelines is to assist Parties in

meeting their legal obligations under Article 5.3 of
the Convention.

• The guidelines draw on the best available scientific

evidence and the experience of Parties in
addressing tobacco industry interference.

WHO FCTC Article

5.3 Guidelines
Guidelines on Article 5.3

The guidelines are applicable to government officials,

representatives and employees of any national, state,
provincial, municipal, local or other public or
semi/quasi-public institution or body within the
jurisdiction of a Party

WHO FCTC Article

5.3 Guidelines
Why Do We Treat the Tobacco Industry
Differently from
Other Industries?

• “Tobaccois the only legally available consumer

product which kills people when used entirely as
intended.”
Governing Principles

• Principle 1: There is a fundamental and

irreconcilable conflict between the tobacco
industry’s interests and public health policy
interests.

• Principle 2: Parties, when dealing with the tobacco

industry or those working to further its interests,
should be accountable and transparent.
WHO FCTC Article
5.3 Guidelines
Governing Principles

• Principle 3: Parties should require the tobacco

industry …….to operate and act in a manner that is
accountable and transparent.

• Principle 4: Because their products are lethal, the

tobacco industry should not be granted incentives
to establish or run their businesses.

WHO FCTC Article

5.3 Guidelines
Recommendations

• (1) Raise awareness about the addictive and

harmful nature of tobacco products and about
tobacco industry interference with Parties’ tobacco
control policies.

• (2) Establish measures to limit interactions with the

tobacco industry and ensure the transparency of
those interactions that occur.

WHO FCTC Article

5.3 Guidelines
 Recommendations
• (3) Reject partnerships and non-binding or non-
enforceable agreements with the tobacco industry.

• (4) Avoid conflicts of interest for government officials

and employees.

• (5) Require that information provided by the tobacco

industry be transparent and accurate.

WHO FCTC Article

5.3 Guidelines
 Recommendations
• (6) 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”.

• (7) Do not give preferential treatment to the tobacco

industry.

• (8) Treat State-owned tobacco industry in the same way as

any other tobacco industry.
WHO FCTC Article
5.3 Guidelines
Enforcement and monitoring

• ….to the extent possible, use existing enforcement

mechanisms to meet their obligations under Article
5.3

• Monitoring implementation of Article 5.3 of the

Convention and of these guidelines is essential for
ensuring the introduction and implementation of
efficient tobacco control policies.
WHO FCTC Article
5.3 Guidelines
Role of NGOs

• Nongovernmental organizations and other

members of civil society not affiliated with the
tobacco industry could play an essential role in
monitoring the activities of the tobacco industry.

WHO FCTC Article

5.3 Guidelines
 The National Action Plan on
Tobacco Industry Interference
(Article 5.3)

WHO FCTC Article 5.3

Guidelines
 Rationale:
• The rationale of this NAP is to provide guidance to all
relevant persons, provincial and district government,
departments and enforcement agencies involved in tobacco
control and interacting with tobacco industry.
• To ensure that efforts to protect tobacco control from
commercial and other vested interests of the tobacco
industry are comprehensive and effective.
Purpose of NAP:

• To know how to protect • A valuable source for

tobacco control policies, tobacco control
actions from the pressure advocates, govt: agencies,
of Tobacco Industry. and others in helping to
• In future series of understand the tobacco
supporting tools / industry strategies, how
training materials / they maneuver and
training manuals will also undermine the tobacco
be developed. control policies.
EXECUATION OF NATIONAL ACTION PLAN
• Phase 1: workshops /
seminars
• At Federal Level: Ministry of
NHSRC; Ministry of Foreign
Affairs; Ministry of Finance;
Chief Commissioner
Islamabad; Federal Board of
Revenue; Ministry of
Commerce; Civil Society and
Media.
• At Provincial Govt
• Phase 2:
• Development of IEC
material for building &
enhancing capacity of
health department and
allied ministries /
departments both at federal
and provincial levels.
 PROPOSALS & RECOMMENDATIONS
• All governments’ policies and actions will conform to the requirements of
Article5.3 of the FCTC, and the subsequent guidelines, subject to national
law;
• Officers of the governments will interact with the industry only in so far as is
necessary to meet;
• Any information provided by the tobacco industry to the government, for
example intelligence about the sale of illicit tobacco products, shall be
submitted in writing;
• No funding, either monetary or in kind, will be accepted from the tobacco industry (or
their subsidiaries) for any public health or other government work;
• No partnerships will be entered into with the tobacco industry.

WHO FCTC Article 5.3

Guidelines
• The government shouldn’t accept, supports or endorses any offer
for assistance by or in collaboration with the tobacco industry in
setting or implementing public health policies in relation to tobacco
control.
• The government doesn’t allows/invites the tobacco industry to sit in
government interagency/ multi-sectoral committee/ advisory group
body that sets public health policy.
• The government doesn’t nominate or allows representatives from
the tobacco industry in the delegation to the COP or other
subsidiary bodies or accepts their sponsorship for delegates.
•