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    Geneva's Leading:

    Pour un Genève où il fait bien respirer
    For a Geneva where breathing is good.
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    WHO

    World Health Organisation:
    Tobacco Free Initiative
    Framework Convention on Tobacco Control
    INB Document Center
  • The Chair's text of a Framework Convention on Tobacco Control contains a number of provisions that must be qualified as (1) too weak and/or (2) having the opposite effect to the good intentions of a Convention. (The chair's text A/FCTC/INB2/2 in a new window.)

    Below are some suggestions for modification, tother with concise justifications, in comparison to the Chair's text A/FCTC/INB2/2 dated 9 January 2001:

    the Chair's text section

    Recommended
    modifications:

    Rationale:

    G.1.(a)

    (Passive smoking)
    Delete the part "..., with particular attention to special risk groups such as children and pregnant women;"

    Add a paragraph (b) [new] Authorities shall apply existing laws and regulations and extend the applicability of legislation on protection of the environment to include the hazards of tobacco smoke.

    Add a paragraph (c) [new] Any provisions for the protection against environmental tobacco smoke shall require the strict physical separation between smokers' and smoke-free areas.
    In work-places and public spaces smoking shall be prohibited. Smoking shall only be allowed in physically separated spaces with good ventilation to outside areas where the ventilated smoke-filled air can cause hindrance to others, including those outside of the building.

    Add a paragraph (d) [new] Any littering indoors and outdoors with cigarette butts or other smoking related waste shall be prohibited.

    Add a paragraph (e) [new] Authorities shall enforce the tobacco legislation and rules with suitable measures and/or fines.

    (a) The text part refers to a higher vulnerabilty of these groups. By doing so, however, it creates the false impression that other groups, namely adults, would be less at risk from tobacco smoke.

    (b) Application of existing laws offer a scope of possibilities to obtain quick results without having to wait for the introduction of new legislation and/or the finalising and ratification of this
    The creation of smoke-free places and the extension of smoke-free times is one of the most powerful means to protect all citizens including the smokers. It helps smokers to reduce thir smoking quantities as well as it provide support in their efforts to quit the addiction.

    (c) Smoke-free sections without physical separations are not effective.

    (d) Smoking-related littering puts a strain on the environment and generates cost. Explicite prohibition of such littering puts additional pressure on smokers and thus reduces the attractivity of smoking.

    [e] Many authorities are lax in the application of legislation and rules. A law is as good as its enforcement. Strong enforcement will result in a new image of social unacceptability of smoking.

    G.1.(b)

    (Regulation of contents of tobacco products)
    Paragraph to be deleted completely.

    Any adoption of "health standards" is liable to create the illusion that smoking tobacco can be healthy and/or that the (health) authorities would/could supervise such standards and thereby render smoking more acceptable. Such "health standards" are a contradiction in terms and could be used for propaganda by the tobacco industry.

    G.1.(d)

    (Packaging and labelling)
    Paragraphs (i), (ii), (iii), (iv)(1) and (iv)(2) to be deleted.
    A new paragraph (i) is introduced with the text:
    (i) [new] All tobacco products shall be packaged in neutral, recycled paper (coloured) packaging, without any other distinction than the name of the manufacturer in black letters in Courier New font and 24 point size, as well as the type of product (e.g. cigarettes, cigars). The packaging shall furthermore carry the warnings and indications as prescribed in other sections of this Convention.
    (ii) [new] All tobacco products' retail packages shall have the same standard sizes for the different products and equal numbers and sizes of individual cigarettes and cigars in the packages of different manufacturers.
    Par. (iv)(1) is renumbered (iii)

    (i) [old] Any styling of the package (colours, letters, shape and size of the packaging can be used for promotional purposes by the tobacco industry.

    (ii) [old] is superfluous since tobacco promotion is always deceptive and misleading since is suggest a good lifestyle against the realkity of addiction and high health risks.

    (iii) [old] is superfluous since any other information than the text as specified under (i) [new] carries false notions of control and thereby reduction of risks.

    (iv)(1) [old] No distinction shall be made between age groups since they have the perfide result of increasing the attractivity of smoking.

    (iv)(2) [old] Same argument as above for (iii) [old]. Indications of "contents" figures create false perceptions of the "usefulness" of low figures.

    G.1.(e)

    (Education, training and public awareness)
    (ii) Delete the words "and, notably children young persons, and vulnarable groups" and replace them by the words "and, notably the political and commercial authorities and leaders"

    Add item (v) [new] "any contact with the tobacco induistry shall be authoritative and must not allow the industry to promote a public image of cooperation and compliance and thereby gaining respect as a "responsible" corporate citizen.

    (ii) [old] would continue the illusion that there is a significant difference in the risk to various member groups of the public.
    On the other hand there is a high need for information and education of opinion leaders and decision takers in the political and commercial arenas.
    Too many politicians are being influenced by tobacco lobbyists, either because of perceived advantages or since they are not aware of the real damage caused by tobacco smoke.

    (v) [new] is self-evident.

    G.2.

    Merge paragraphs (a) and (b) into one with the text (a) [new] "prohibiting all forms of direct and indirect tobacco advertising, promotion and sponsorship, including incentives such as gifts, coupons, rebates, competitions and frequent-buyer programmes, "editorial" articles, "asking" the media to publish images of smokers, brand-stretching, and other forms of promotion;"
    Delete the paragraphs (b), (c) and (d);
    Add paragraph (b) [new] "The tobacco industry shall not participate in any health or tobacco regulation programme, body or organisation.";
    Renumber paragraphs (e) and (f) into [new] (c) and (d);

    (a) Tobacco promotion is always equally focused on or influencing the under 18. Any useful distinction cannot be made.
    If the young do not start smoking, smokers will soon die out and with them the tobacco industry and the harm they cause.
    The list of promotional possibilities cannot be exhaustive and should be open-ended to include new ways of advertising by the industry.

    Paragraphs (b) and (c) are superfluous since all promotion in any form must be outlawed and any distinction between age groups is counter-productive.

    (b) [new] Any cooperation with the tobacco industry can help them to maintain a public image of repectability.

    G.3.

    Delete paragraph 3.

    3. is superfluous since all forms of tobacco promotion must be outlawed.

    G.4.

    Delete paragraph 4.

    4. is uperfluous since disclosures and regulations of tobacco products' contents are counter-productive to the good aims of the Convention, creating the false impression control and thereby a degree of safety.
    Labelling and packaging can be exhaustingly prescribed in the Convention text (compare G.1.(d)).

    I.8.
    through
    I.12.

    (Elimination of sales to and by young persons)
    To be deleted entirely.

    No distinction in any form shall be made between age groups with regard to tobacco.
    Also compare
    our detailed arguments Smoking Publicity,
    the text recommendations by the Framework Convention Alliance and
    the elaborate arguments for the protection of nonsmoker's rights by ASH Action on Smoking and Health (opens in a new window.)

    ecoglobe's suggestion for a core text of a simpler and effective Convention

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    Geneva's Leading:

    Pour un Genève où il fait bien respirer
    For a Geneva where breathing is good.
    Geneva's Breathing

    WHO

    World Health Organisation:
    Tobacco Free Initiative
    Framework Convention on Tobacco Control
    INB Document Center


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