Since the World Health Organization’s Framework Convention on Tobacco Control (WHO-FCTC) was introduced in 2005, the tobacco industry has invested millions of dollars in legal expertise focused on combating its provisions, including a range of tactics to avoid liability for the damages their products inflict. Consequently, victims of tobacco-related illness attempting to hold the industry accountable for their actions through the courts have found their progress delayed –or even completely stymied.
“As yet, relatively few Parties to the Convention have taken concrete steps to hold the tobacco industry accountable for illegal actions,” according to Gustavo Sonora, legal advisor to The Union’s tobacco control team in Latin America, which is based at The Union Mexico Office. “In 2012, for example, only 17% of Parties launched criminal or civil liability actions with respect to tobacco, and only 5% reported that they had recovered any compensation or costs from the tobacco industry.” In Latin America, The Union team has an impressive track record for developing WHO-FCTC-compliant legislation that has been well-implemented across the region. In recognition of this achievement, Sonora has been invited to join an international panel of experts working to strengthen and refine the Convention’s Article 19, which deals with tobacco industry liability.
“Legislation is the basis for all effective implementation of tobacco control“, said Sonora. “In several regions, the tobacco industry has taken legal action against governments working to create and implement tobacco control laws. Technical and legal support, as well as guidance, must be available if we are to ensure that governments can make effective progress despite these challenges from the industry.”
This FCTC panel of experts has been mandated to gather existing best practices for civil and criminal liability (including compensation); to identify obstacles impeding effective action in liability cases and to establish options for technical support and international cooperation.
The Union has provided technical assistance to develop national tobacco control laws in 14 countries. It also runs legal workshops for government officials and nongovernmental organisations to offer both technical support and forums for attendees to share experiences regarding the development, implementation and enforcement of tobacco control laws.
In addition to strengthening the legal guidelines offered by the WHO-FCTC, Sonora believes that a comprehensive strategy is required to ensure success in this area, including mapping the factors that support the adoption, sustainability and implementation of such laws.