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WHO FCTC< PREVIOUS | 246783 | NEXT >
From: bill@smokescreen.org
Date: Wed, 03/05/03

  Per the two following articles, the final text of the WHO FCTC is at:
http://www.ash.org.uk/html/international/html/postINB6text.html
- - - -

US abstains in the war on tobacco

By Derrick Z. Jackson
Boston Globe
Wednesday, March 5, 2003
http://www.boston.com/[...]ar_on_tobacco+.shtml 
<http://www.boston.com/dailyglobe2/064/oped/US_abstains_in_the_war_on_tobacco+.s
html> 


THE UNITED NATIONS has voted to go war against the world's worst weapon 
of mass destruction. The United States is against the resolution.

This news passed by with little notice last week. In Geneva, about 170 
nations met in an effort to agree on a global treaty on tobacco. 
Cigarettes, according to the World Health Organization, kill 4 million 
people a year and will kill 10 million a year by 2030 if current trends 
continue. Unless there is a war on tobacco, cigarettes will cut short 
the lives of 500 million of the 6 billion people on earth.

Most of the nations that gathered in Geneva agreed to a final text that 
will be presented to the WHO in May for adoption. The treaty, called the 
Framework Convention on Tobacco Control, requires nations to implement 
serious tobacco control programs. It would require cigarette companies 
to put a health warning that would take up at least 30 percent of the 
surface of a pack. It would eliminate labeling that misleads smokers to 
think that a particular 'light' or 'mild' cigarette is less harmful than 
others.

The pact would require signatories to move toward a ban on cigarette 
advertising within the limits of a nation's laws. Signatories would be 
required to fund tobacco control programs and consider taxes that reduce 
smoking. With most of the world ready to fight a chemical weapon that 
could be lethal for the equivalent of two United States of Americas, 
WHO's director general, Gro Harlem Brundtland, called the treaty a 'real 
milestone in the history of global public health.'

The treaty is a real millstone for the United States. The problem is 
that the evil dictator killing millions is not Saddam Hussein. It is an 
industry run by madmen holed up in New York skyscrapers and corporate 
bunkers in Virginia and North Carolina. They have paid handsomely to 
assure that President Bush will not launch an attack. In the 2002 
election cycle, big tobacco gave $6.4 million of its $8.1 million in 
contributions to Republicans. Philip Morris, the world's biggest 
cigarette exporter, paid $3.4 million to buy influence, with 80 percent 
of its contributions going to Republicans or the Republican Party.

So the ink had not even dried on the treaty when the US delegates 
started making noise that the Bush administration might not sign it. The 
US health attache in Geneva, David Hohman, said the United States wants 
the treaty to allow a nation to opt out of provisions it finds 
objectionable. For the Bush administration, that means just about the 
whole treaty.

According to news reports, the administration is not happy with the idea 
of federal funding of antitobacco programs, a ban on free samples, or 
putting giant health warning on packs. Hohman said called the treaty's 
provisions a 'complication for our legislative process.'

A few other nations, among them China, Japan, and Germany, where 
cigarette production or advertising are rampant, have joined the United 
States in objecting to parts of the treaty. But Washington has been so 
singleminded in its attempt to sabotage the accord that it was called 
'arrogant' by Thai officials.

American tobacco control activists have even asked that the United 
States withdraw from Geneva rather than be such a drag on the 
negotiations. John Seffrin, CEO of the American Cancer Society, said: 
'At this critical juncture, the United States government is working 
methodically to weaken virtually every aspect of this treaty. We call on 
the US government to observe the first rule of the Hippocratic Oath: Do 
no harm.'

Last week, referring to Iraq, Bush said: 'The global threat of 
proliferation of weapons of mass destruction cannot be confronted by one 
nation alone. . . . A threat to all must be answered by all. High-minded 
pronouncements against proliferation mean little unless the strongest 
nations are willing to stand behind them -- and use force if necessary.'

For the world's greatest weapon of mass destruction, Bush would leave 
the world alone. In a couple of months, the tobacco treaty will be 
presented to the World Health Assembly. If it is adopted, it will go out 
for ratification. Only 40 nations need to ratify it for it to go into 
effect in the countries that approve it. If the Bush administration does 
not get behind the treaty, it will be every bit as cynical on cigarettes 
as it accuses Saddam Hussein of being with weapons inspections.

When he needed the United Nations to put pressure on Iraq, Bush 
complained that UN resolutions 'are being unilaterally subverted by the 
Iraqi regime.' By subverting the global resolution against tobacco, the 
United States is telling the UN to get lost. The United States wants a 
UN resolution to go to war against a murderous dictator. When the UN 
wants war against the biggest killer on the planet, the US is AWOL.
- - -

Secondhand Diplomacy
 
After closed-door meetings with cigarette makers, the Bush
administration is seeking to derail a global tobacco treaty.

By Barry Yeoman
Mother Jones
March/April 2003 Issue
http://www.motherjones.com/[...]03/10/ma_284_01.html 
<http://www.motherjones.com/news/outfront/2003/10/ma_284_01.html>

It was getting toward midnight when the phone rang in Thomas Novotny's 
hotel room in Geneva. It was a May evening in 2001, and Novotny, then 
the assistant surgeon general, was leading the U.S. delegation to 
negotiations on the Framework Convention on Tobacco Control, a global 
treaty to reduce cigarette smoking. Appointed by President Clinton, 
Novotny had steered the delegation along a moderate course, advocating 
strong public-health measures in Geneva while trying not to antagonize 
pro-tobacco conservatives in Congress. The American delegation 
championed an international ban on smoking in restaurants, trains, 
buses, and other public facilities. It supported mandatory worldwide 
cigarette taxes designed to curb smoking and save millions of lives, and 
it advocated a partial ban on tobacco advertising, prohibiting 
commercial messages that might appeal to children.

The late-night call came from William Steiger, the new director of the 
U.S. Office of Global Health Affairs and the godson of George Bush Sr. 
Although Novotny and his team had already set out their position in 
negotiations with 190 other nations, Steiger insisted the U.S. delegates 
backpedal on several key issues affecting the tobacco industry. "We had 
to back down on any sort of agreement for restricting cigarette 
advertising, any sort of pro-tax stand, and any policies on secondhand 
smoke restrictions," Novotny recalls. Steiger also ordered him to oppose 
efforts to ban descriptive terms like "low-tar," "light," and "mild," 
which, according to the National Cancer Institute, deceive smokers into 
thinking that those brands deliver less tar and nicotine than others. 
"The positions that we had developed, which were headed in the right 
direction, we had to reverse in midstream, almost in mid-sentence," 
Novotny says. "It was horrible. I felt devastated."

The phone call, Mother Jones has learned, was part of a 
behind-the-scenes campaign being waged by the Bush administration to 
water down international restrictions on tobacco. The Geneva treaty, in 
the works since 1999, represents an unprecedented effort to stem a 
worldwide epidemic that kills almost 5 million people a year. But as the 
treaty nears its May completion date, the Bush administration has been 
working quietly to ensure that the agreement does little to curb 
smoking, opposing strict control measures backed by most Asian, African, 
and European countries. In both public sessions and private 
conversations, "the United States has continually sought to weaken a 
treaty that they have no intent on signing," says Ross Hammond, who 
represents the Campaign for Tobacco-Free Kids at the Geneva meetings.

Last October, in its most public effort to undermine the treaty, the 
administration announced that it would vehemently oppose any effort to 
phase out all cigarette advertising, saying that such a complete ban 
would violate freedom-of-speech protections. "It's an absolute red line 
for us," declared Kenneth Bernard, who replaced Novotny as assistant 
surgeon general. "There's no way we can sign or participate in a 
convention that includes that. It breaks our laws and Constitution." 
When other delegates proposed a middle course -- allowing nations with 
constitutional free-speech clauses to opt out of an international 
advertising ban -- the U.S. delegation rejected the compromise.

On other issues -- taxation, secondhand smoke, misleading labels like 
"low-tar" -- the Bush administration has brought the United States into 
line with positions staked out by the tobacco industry. Six weeks before 
the midnight phone call to Novotny, Philip Morris sent the 
administration a 32-page letter detailing the company's stance on the 
treaty. "Simply put, we think that the Framework Convention must 
recognize, and reflect the reality, that smoking is -- and should remain 
-- an adult choice," the company wrote. It then outlined 11 provisions 
it wanted struck from the treaty. Philip Morris opposed all additional 
taxes, arguing that "cigarettes are already among the highest-taxed 
consumer products in the world." It also argued against regulating 
cigarette use in restaurants, saying such decisions "are generally best 
left to individual proprietors, each of whom has an economic incentive 
to provide a comfortable environment for nonsmokers and smokers alike."

Philip Morris legislative counsel Mark Berlind says there were "two or 
three" meetings between government officials and industry leaders 
regarding the tobacco treaty. (The White House has refused congressional 
requests to release information about the closed-door conversations.) A 
month after sending the letter, Philip Morris contributed $57,764 to the 
Republican Party. One week later, Novotny was ordered to back down at 
the Geneva negotiations, and the U.S. delegation began advocating for 10 
of the 11 deletions advocated by Philip Morris.

"It's either an eye-popping coincidence or a testament to the insidious 
influence that Philip Morris has on the Bush administration," says Rep. 
Henry Waxman, a Democrat from California. "The appearance is awful."

Berlind insists the timing of the campaign contributions was 
coincidental, adding that President Bush has not sided with Philip 
Morris on every issue. "We would like to see a strong treaty that sets 
minimum worldwide standards that countries would have to follow but 
could exceed," Berlind says. "There's no behind-the-scenes lobbying to 
get countries to adopt our secret position."

In fact, internal documents show that Philip Morris was working behind 
the scenes long before negotiations began. In 1997 the company hired 
Mongoven, Biscoe & Duchin, a Washington public-relations firm that 
specializes in opposing public-health efforts. In an analysis prepared 
that year, Mongoven warned, "The ultimate objective of the World Health 
Organization staff and bureaucracy is to eradicate the use of tobacco," 
and suggested that Philip Morris try to thwart the treaty before it was 
even fashioned. "The first alternative to an onerous convention is to 
delay its crafting and adoption," the report said. Mongoven also 
prepared a character assassination memo for Philip Morris targeting who 
director-general Gro Harlem Brundtland. The company insists it ignored 
the memo, but it was later found in a company official's folder marked 
"who Planning."

Given the Bush administration's resistance to international treaties, 
health advocates doubt it will ever ratify the Framework Convention -- 
even if it is watered down to address U.S. objections. "I think it's 
basically a dead-in-the-water issue," says Novotny, the former 
delegation leader and now a visiting professor of epidemiology at the 
University of California in San Francisco. "Getting anything signed by 
the president that has any teeth would be unlikely." Some smoking 
opponents believe other nations should focus on passing the strongest 
possible treaty they can, without counting on America's signature.

Whether or not the administration signs the tobacco treaty after it is 
completed in May, U.S. efforts to weaken the agreement have angered 
health advocates around the world. They point out that America is the 
world's leading exporter of cigarettes -- and that its own citizens 
enjoy many of the protections proposed in the treaty. "Evidently, the 
U.S. has misplaced its priorities," says Phillip Karugaba, a Ugandan who 
represents the Environmental Action Network at the talks. "While the 
U.S. courts make such astounding decisions on compensation to smokers, 
and some U.S. cities boast of very progressive measures on tobacco 
control, the U.S. seems bent on depriving the rest of the world of such 
advantage."

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