Hello friends,
The following article by Doug Blanke of the Global Smokefree Partnership appeared in Issue 67 of the Framework Convention Alliance bulletin, published on 2 July 2007.
It is expected that the adoption of the guidelines for Article 8 will be up for discussion in the afternoon on 3 July. There is an informal sense that the guidelines will be adopted with minor editorial changes to the Preamble. We will keep you posted on any developments!
Article 8, on protection from to exposure to tobacco smoke, is one of the most important elements of the Framework Convention.
As the treaty itself acknowledges, exposure to tobacco smoke causes widespread death, disease and disability. Recent expert reports from France, the United Kingdom and the United States have further documented these deadly health consequences, underscoring the importance of this key treaty provision.
The treaty text on secondhand smoke is short and broadly worded, however. It calls for effective protection against exposure to tobacco smoke in indoor workplaces, public transport, and indoor public places, but provides little information about the specific measures likely to have the greatest impact.
To assist the Parties in achieving this goal, guidelines are needed. In fact, Article 7 of the treaty expressly directs the Conference of the Parties to "propose appropriate guidelines" for the implementation of Article 8.
The first session of the Conference of the Parties chose to accord "the highest priority" to developing the guidelines on Article 8, with a goal of presenting recommendations to this session of the Conference of the Parties (Decision FCTC/COP1(15)).
Even without guidelines, increased understanding of the scientific evidence has hastened the adoption of legislation. Already more than 200 million people are protected by strong smoke-free laws, with fully comprehensive legislation in place in Ireland, Uruguay, New Zealand, Iran, Bermuda, Scotland, Wales and Northern Ireland and many subnational jurisdictions.
Now, drawing on the practical experience of those and other jurisdictions, a working group, acting through an inclusive and highly transparent process has presented the COP with draft guidelines that will offer Parties invaluable assistance in implementing Article 8 and reducing exposure to secondhand smoke.
The guidelines identify the most important principles underlying effective legislation, suggest definitions for key terms, and identify "best practices" for developing legislative text, educating the public, and implementing the law.
No element of the proposed guidelines is more important than the principle that effective measures require the creation of 100% smoke-free environments. This is the starting point for implementation of Article 8.
This means that all indoor workplaces and indoor public places should be smoke-free. Smoking areas or "designated smoking rooms" are not an acceptable alternative. Policies must protect everyone, and not just "special" or "vulnerable" populations. Ventilation, filtration and other engineering approaches are not effective alternatives.
Protections should be universal. Exemptions for particular settings are not justified on the basis of health. If exemptions are considered for other reasons, they should be minimal, and Parties should strive to provide universal protection as quickly as possible.
Piecemeal measures, which carve out exceptions for bars or other settings, for example, or which attempt to prescribe increasing areas of coverage, lead to enforcement problems, public confusion, and perceptions of unfairness.
Protective measures must also be designed for effective implementation: with mechanisms for inspections, clear responsibilities for compliance, and appropriate sanctions for violation. They must actively involve civil society in both the creation and the implementation of the law, and provide for the education and involvement of the public.
The proposed guidelines offer Parties a valuable roadmap for implementing Article 8. They should be adopted without changes.
A lunchtime briefing on Tuesday 3 July will explain the guidelines' importance, and delegates can find more information in the recommendations and briefing paper available from the Global Smokefree Partnership and the Framework Convention Alliance.
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