SEATCA policy recommendations for Tenth Session of the Conference of Parties (COP10) to the WHO FCTC
Agenda Item 2 – Applications for the status of observer to the Conference of the Parties
Recommendation:
• Parties should adopt the draft decision as proposed
Agenda Item 6.1. Articles 9 and 10 – Regulation of contents and disclosures
Recommendations:
• Parties should adopt the draft decision as proposed by the Bureau to (a) maintain the suspension of the mandate of the Articles 9 & 10 Working Group and (b) establish an Expert Group to report back the COP on current developments and evidence to facilitate implementation of Articles 9 & 10.
• Based on the existing implementation guidelines for Articles 9 & 10, Parties should also adopt a ban on cigarette filters and a ban on all flavors for all tobacco products to reduce their attractiveness, especially to the youth.
Agenda Item 6.2. Article 13 – Tobacco advertising, promotion and sponsorship (TAPS): depiction in entertainment media
Recommendation:
• Parties should adopt the draft decision and the additional specific guidelines as proposed
Agenda Item 6.3 – Novel and emerging products
Recommendations:
• Given that heat — not combustion — is necessary to produce smoke, Parties should recognize electronic nicotine and non-nicotine delivery systems (ENDS/ENNDS) and heated tobacco products (HTP) as electronic smoking devices that produce smoke, not vapor.
• Given that there is still much that is unknown about the long-term health risks of these newer products, Parties should adopt strong measures to prevent uptake and use of new tobacco and recreational nicotine products in consideration of their obligations under the WHO FCTC:
o Article 2.1: to impose stricter requirements in order to better protect human health
o Article 5.2(b): to prevent and reduce tobacco consumption, nicotine addiction and exposure to tobacco smoke
o Art 16.1(c): to prohibit the manufacture and sale of sweets, snacks, toys or any other objects in the form of tobacco products which appeal to minors
o Article 13.2: to undertake a comprehensive ban on all TAPS, i.e. any form of commercial communication, recommendation or action with the aim, effect or likely effect of promoting TP or tobacco use either directly or indirectly
o Article 14: to make available medications that have been clearly shown by scientific evidence to increase the chances of tobacco cessation
• Parties should request WHO to further study any new tobacco and recreational nicotine products being introduced in the market and propose relevant regulatory policy recommendations. Parties should not allow market access for products that are not recommended as safe to use.
Agenda Item 6.4 Article 2.1 – Forward-looking tobacco control measures
Recommendation:
• Parties should adopt the draft proposal to establish an Expert Group to study forward-looking measures and report back to the COP. This Expert Group should have non-health representation and fully engage civil society, being mindful of Article 5.3 obligations.
• Parties should consider, even without the Expert Groups’s report at a future COP session, adopting forward-looking regulatory measures that can accelerate achievement of a tobacco endgame as soon as possible, such as a Generational End Game policy and a phase-out of all commercial tobacco sales.
Agenda Item 6.5 – Implementation of Article 19 – Liability
Recommendation:
• Parties should strengthen liability regimes, including facilitating compensation where appropriate and utilizing administrative or quasi-judicial measures.
Agenda Item 7.1 – Improving the reporting system of the WHO FCTC
Recommendation:
• Parties should adopt the draft decision proposed by the Bureau to adopt the revised reporting instrument of the WHO FCTC
Agenda Item 7.2 – Implementation Review Mechanism
Recommendation:
• Parties should not adopt the draft decision as proposed, as the proposed Implementation Review and Support Mechanism is not a genuine IRM.
• There should be transparency of any peer (Party-led) review process and outputs, engaging civil society and identifying compliance gaps that need technical and financial support by the COP.
Agenda Item 7.3 – Contribution of the WHO FCTC to the promotion and fulfilment of human rights
Recommendation:
• Parties should adopt a decision that upholds and prioritizes full implementation of the WHO FCTC as a means of protecting and promoting the universal right to health.
• Promoting health harm and nicotine addiction by supposedly reducing harm is not a human right.
Agenda Item (unnumbered) – environmental concerns associated with tobacco (Article 18)
Recommendation:
• Parties should adopt a ban on cigarette filters, which cause serious harm to the environment, while also deceiving the public about false benefits to health.
Agenda Item 8.4 – Payment of Assessed Contributions
Recommendation:
• Parties should pay their assessed contributions and, taking into account inflation and rising costs over many years, consider a modest increase in their assessed contributions so as to further support treaty implementation.
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