Health treaty dilution: a case study of Japan’s influence on the language of the WHO Framework Convention on Tobacco Control
- Correspondence to: MsM Assunta School of Public Health, Edward Ford Building, University of Sydney, NSW 2006, Australia; marya{at}health.usyd.edu.au
- Accepted 2 March 2006
Abstract
Background: The Japanese government is an important shareholder in the Japanese tobacco industry. Negotiations to develop the WHO’s historic Framework Convention on Tobacco Control (FCTC) were based on consensus, resulting in countries needing to agree to the lowest acceptable common denominator in clause development.
Objective: To illustrate Japan’s role in negotiating key optional language in the FCTC text.
Methods: Summary reports, text proposals, conference papers, and speeches related to the six FCTC negotiation sessions were reviewed for repeated words, concepts and emerging themes. Key stakeholders were interviewed. Key words such as “sovereignty”, “appropriate”, “latitude”, “individual”, “flexibility”, and “may” representing optional language were examined.
Results: The Japanese government’s proposals for “appropriate” and optional measures are reflected in the final FCTC text that accommodates flexibility on interpretation and implementation on key tobacco controls. While Japan was not alone in proposing optional language, consensus accommodated their proposals.
Conclusion: Japan’s success in arguing for extensive optional language seriously weakened the FCTC. Accordingly, international tobacco control can be expected to be less successful in reducing the burden of disease caused by tobacco use.
- FCTC, Framework Convention on Tobacco Control
- JT, Japan Tobacco
- JTI, Japan Tobacco International
- WHA, World Health Assembly
- INB, intergovernmental negotiating body
- BAT, British American Tobacco
- NGO, non-governmental organisation
Footnotes
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↵* The Japanese government had a monopoly over the tobacco industry that dates back to 1904, and ended in 1985 after privatisation. However, the government is compelled by law (Tobacco Business Law) to own substantial portions of the shares 67% until March 2002, and currently owns 50%.1439
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† INB, the Intergovernmental Negotiating Body (INB) was opened to participation by all WHO member states, regional economic integration organisations and observers (as specified in resolution WHA52.18). The World Health Assembly charged the INB with the responsibility for negotiating the text of the WHO FCTC and possible related protocols (http://www.who.int/tobacco/framework/inb/en/index.html).
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↵‡ The Ministry of Finance has direct and indirect influence over JT, including its overall policies. The participation of the ministry may be seen as representing tobacco industry interests.14 Similarly, Japan’s Ministry of Agriculture, Forestry, and Fisheries has historically supported tobacco interests because of Japan’s sizeable tobacco agricultural crop and the strong political constituency of tobacco farmers.39
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↵§ Attempts were made to interview officials who were part of the Japanese delegation at the negotiations, but many of them had since moved on and were unavailable for interview. The Ministry of Finance did not grant an interview, and although they agreed to provide written responses to questions, however the responses were never received. All information and interviews were obtained, reviewed, and analysed by Assunta.
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↵¶ In 2000 other countries calling for a broad treaty included the USA, Germany, Russia, India, China, Argentina, Zimbabwe, Malawi, and Turkey, all nations with significant tobacco industries. (http://bat.library.ucsf.edu/tid/ylk93a99)
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↵** Based on Article 36 (Tobacco Business Law Enforcement Regulations) under Article 39 health warnings on packs were revised. The revised regulations provide four types of warnings on direct effects of smoking and four others. Each tobacco package must contain at least two warnings—one direct effect and another from the others. Example of warning from direct effect: “Smoking is one cause of lung cancer. According to epidemiological studies, the risk of smokers dying from lung cancer is estimated to be two to four times greater than that for nonsmokers.” This warning is followed by the address of the Health Ministry’s web site.
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↵†† Interview with former head of TFI: “I think there was a growing pressure. You must remember the world situation was one where countries were being grouped into those who believed in multilateralism and the rule of the UN and international law Vs the US and the polarization was rising. But Japan wanted to be aligned with all of those who were going to be part of the multilateral system. They themselves have played consistent and strong support to being part of that multilateral system.” (28 April 2005)
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Funding: none.
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Competing interests: Mary Assunta is the Chair of the Framework Convention Alliance (FCA). Simon Chapman is the editor of Tobacco Control, a board member of Action on Smoking and Health (Australia) and the Cancer Council NSW
