World No Tobacco Day 2011
The WHO Framework Convention on Tobacco Control is the theme of this year’s World No Tobacco Day marked on 31 May 2011.
World No Tobacco Day 2011 is designed to highlight the treaty’s overall importance, to stress Parties’ obligations under the treaty and to promote its implementation in countries and internationally.The WHO Framework Convention on Tobacco Control is the theme of this year’s World No Tobacco Day marked on 31 May 2011.
World No Tobacco Day 2011 is designed to highlight the treaty’s overall importance, to stress Parties’ obligations under the treaty and to promote its implementation in countries and internationally.
Effective Implementation of the Framework Convention on Tobacco Control
The World Health Organization Framework Convention on Tobacco Control (FCTC) represents the first coordinated global effort to reduce tobacco use and it is the first public health treaty negotiated under the World Health Organization. The FCTC entered into force on February 27, 2005 and requires Parties to implement evidence-based measures to reduce tobacco use and exposure to tobacco smoke. When effectively implemented, the FCTC is a fundamental international tool to reduce the devastating global consequences of tobacco products on health, lives and economies. With 173 Parties as of May 2011, the FCTC is one of the most widely adopted treaties in the United Nations system.
Introduction to FCTC Articles and their Implementing Guidelines
The FCTC is a legally binding treaty that provides a broad framework of obligations and rights to Parties to implement various tobacco control measures.
The objective of the FCTC is “to protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and exposure to tobacco smoke by providing a framework for tobacco control measures to be implemented by the Parties at the national, regional and international levels to reduce continually and substantially the prevalence of tobacco use and exposure to tobacco smoke” (FCTC Article 3). Parties are encouraged to implement measures beyond those required by the FCTC (FCTC Article 2.1).
The FCTC is supplemented by other instruments. To date, Parties to the FCTC have adopted implementing guidelines with respect to such issues as tobacco industry interference, smoke free environments, packaging and labeling, and advertising promotion and sponsorship, among others. The Parties also are negotiating a protocol to the FCTC to eliminate illicit trade of tobacco products. The implementing guidelines to the FCTC contain principles, definitions, and key legislative elements the Parties agree are necessary to provide effective implementation or increase the effectiveness of the measures contained in the treaty. Adopted by consensus, the guidelines were developed to assist Parties to meet their FCTC obligations. The guidelines are based on the strongest and most widely-accepted scientific, health, and engineering evidence and, in some instances, on Parties’ experiences.
Parties to the FCTC have a legal obligation to perform their treaty obligations in good faith, in accordance with Article 26 of the Vienna Convention on the Law of Treaties. The guidelines are a subsequent agreement between the Parties and must be taken into account in interpreting the scope and content of Parties’ obligations, in accordance with Article 31 of the Vienna Convention. While not necessarily binding as independent legal instruments, the exact binding nature of the guidelines depends on the specific terms of each guideline, which is outside the scope of this fact sheet.
Incorporating the Guidelines into domestic legislation will provide for effective legislation required by the FCTC, minimize loopholes, and facilitate proper implementation of legal requirements.
India Tobacco Policy Status
SMOKE‐FREE ENVIRONMENTS: India has a national ban on smoking in indoor workplaces and public places. Hotels with more than 30 rooms, and restaurants and bars with a seating capacity of over 30 people are allowed to have designated smoking rooms. Enforcement and compliance levels vary by state and city. Enforcement and compliance levels vary by state and city.
BANS ON ADVERTISING, PROMOTION AND SPONSORSHIP: Tobacco advertising is banned in major media formats, and there are some restrictions on advertising at point of sale. However, size and advertising content restrictions at the point‐of‐sale are not enforced. Bans on indirect forms of tobacco marketing are also evaded.
HEALTH WARNINGS ON TOBACCO PACKAGES: Current graphic images are weak and do not convey the harms of tobacco use. Health warnings have been found printed on the back of the pack instead of the front as required and have been a smaller size the than the required 40% of the front principal display area. In March 2010, the government approved a new pictorial warning label but implementation has been delayed.
TOBACCO TAXATION AND PRICE: Tobacco taxes on cigarettes are low. The majority of tobacco products consumed in India are non‐cigarette varieties, such as bidis and smokeless products. These products are priced low. Bidis are taxed at lower rates than cigarettes and in some cases escape taxes altogether.
Source of Information
