The eleventh Conference of the Parties (COP 11) of the WHO Framework Convention on Tobacco Control (FCTC) adopted a series of key Decisions including FCTC/COP11(6) Implementation of Article 19 of the WHO FCTC on Liability

ASH is a proud supporter of this Decision adopted by the COP, the governing body of the Framework Convention on Tobacco Control, composed of 184 Parties (183 countries and the European Union). ASH served as the co-chair of the Global Alliance for Tobacco Control (GATC) Expert Group on Article 19.

The Decision recalls numerous other FCTC COP Decisions around Liability and acknowledges that issues relating to liability, as determined by each Party within its jurisdiction, are an important part of comprehensive tobacco control.

Key Elements of the COP11 Article 19 (Liability) Decision:

The Decision calls on two different groups:

Invites Parties:

(a) to consider the recommendations and options provided by the Expert Group in their report FCTC/COP/11/6, as appropriate in their national context and taking full account of their respective domestic laws, to strengthen their implementation of Article 19 of the WHO FCTC;

(b) to consider the tools and resources available, as applicable, for Parties to strengthen their implementation of Article 19, including those contained in Annex 1 of the report FCTC/COP/11/6; and

(c) in line with Articles 21 and 22 of the WHO FCTC, to share updated information, experiences and expertise, as applicable, in relation to implementation of Article 19.

Requests the Convention Secretariat:

(a) to disseminate the report of the Expert Group and to continue to raise awareness about Article 19 of the WHO FCTC, as well as the resources, expertise and tools available for Parties to strengthen its implementation;

(b) to continue efforts to provide support to Parties in implementation of Article 19 of the WHO FCTC, including through facilitating information and experience sharing among Parties and, as appropriate, with the participation of civil society not directly or indirectly affiliated with the tobacco industry or those furthering its interests;

(c) to develop a self-assessment tool to assist Parties in identifying the status and gaps in their administrative and non-judicial liability frameworks under Article 19;

(d) to develop a report to assess feasible policy options for the implementation of administrative and other non-judicial liability measures – drawing on work being done in relevant international fora;

(e) to invite WHO to develop and make available to Parties a set of policy options and tools for applying cost recovery measures to the tobacco industry, including through the use of fiscal measures such as levies, fees, surcharges or other mechanisms;  and

(f) to continue to update the COP on progress with implementation of Article 19 of the WHO FCTC by the Parties, as necessary.

Next Steps

• Civil society can support and engage with Parties that utilize Article 19.
• Civil society can also spread awareness around Article 19 and tools that exist to support interested Parties.

Contact the ASH Team with any additional questions at info@ash.org.