Shutting Out Public from WHO Meetings 'Highly Questionable,' According to International Law Expert

Geneva (ots/PRNewswire) -

JTI (Japan Tobacco International) today published an Opinion from
leading international law expert Sir Franklin Berman QC[1], about the
WHO's lack of transparency in tobacco-related meetings. The report
was commissioned after the public, including the media, was prevented
from observing the fifth session of the Conference of the Parties
(COP5) to the WHO Framework Convention on Tobacco Control (FCTC).

(Logo: http://photos.prnewswire.com/prnh/20140611/690915 )

In his Opinion, Sir Franklin reviewed the history and practice of
WHO FCTC's COP. He confirmed that by excluding the public, COP
breaches its own Rules of Procedure, and that Article 5.3[2] cannot
be used as a justification for exclusion at the Conference.

Article 5.3 aims to protect policy decision-making from undue
influence, but is often misrepresented or used as an excuse to shut
out the tobacco industry. At COP5, approximately 200 tobacco control
lobbyists were registered as observers or attended as official
delegates, whereas only 30 places were made available to the entire
public (media, business, academics, etc.) to observe proceedings. The
public was nevertheless excluded from the Conference.

Sir Franklin has reviewed the decisions to exclude the public from
FCTC meetings. He concluded that the procedures under which the
decisions were taken were 'highly questionable' and fall far short of
what constitutes sound administrative practice and the rule of law,
as recognized in the 'Recommended Rules and Practices' of the
International Law Association (ILA)[3].

"Businesses like ours bring expertise to the table and should be
able to contribute to the development of policies that concern our
industry," says Michiel Reerink, Global Regulatory Strategy Vice
President. "We clearly raised our concerns regarding exclusion in a
letter to the WHO on 20 June 2014, which included concrete proposals
to improve transparency. Unfortunately, we have yet to receive a
reply. Any moves to shut out the public again during the COP6
proceedings in Moscow would show a worrying lack of integrity at the
heart of the COP process, not to mention serve as another
demonstration of the WHO FCTC 'breaking its own rules'."

Provisional agenda items for COP6 include (a) the implementation
of Article 5.3 of the FCTC; (b) participation of the members of the
public in the sessions of the COP and its subsidiary bodies, and (c)
possible amendment to the Rules of Procedure of COP[4]. The presence
of these items on the agenda provides a unique opportunity for the
WHO and COP to make significant improvements to the transparency and
inclusivity of the COP process.

Read the full Opinion by Sir Franklin Berman on jti.com [http://w
ww.jti.com/how-we-do-business/regulating-tobacco-products/framework-c
onvention-on-tobacco-control-fctc ] .

JTI, a member of the Japan Tobacco Group of Companies, is a
leading international tobacco manufacturer. It markets world-renowned
brands such as Camel, Winston and Mevius (Mild Seven). Other global
brands include Benson & Hedges, Silk Cut, Sobranie, Glamour and LD.
With headquarters in Geneva, Switzerland, and about 27,000 employees
worldwide, JTI has operations in more than 120 countries. Its core
revenue in the fiscal year ended December 31, 2013, was USD 12.3
billion. For more information, visit http://www.jti.com.

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1. Sir Franklin Berman QC is in independent practice as a
barrister and international arbitrator. He has extensive experience
of international diplomacy and the workings of international
organizations deriving from his 35 years in the British diplomatic
service, from which he retired as Legal Advisor to the Foreign &
Commonwealth Office in 1999. He sits regularly as an independent
arbitrator in State-to-State disputes and cases between investors and
States, and has been a Judge ad hoc on the International Court of
Justice. He was the Chairman of the International Law Association's
Committee on the Accountability of International Organisations, which
reported in 2004.

2. Article 5.3 of the FCTC states: "In setting and implementing
their public health policies with respect to tobacco control, Parties
shall act to protect these policies from commercial and other vested
interests of the tobacco industry in accordance with national law."

3. The Recommended Rules and Practices for international
organizations constitute the most comprehensive treatment of the
general rules of international law that govern the operation of
international organizations. Its starting point is that the
conferment on an international organization of authority and power
brings with it, as a matter of principle, the duty to account for its
exercise, and that this duty ensures to the benefit of all entities,
including private parties, whose interests may be affected by the
organization's activity. The International Law Association (ILA)
Report is accessible at:
http://www.ila-hq.org/en/committees/index.cfm/cid/9

4.
http://www.who.int/fctc/cop/sessions/COP6_1_Provisonal_Agenda_EN.pdf

For further information, please contact:

JTI Press Office
Tel: +41-22-703-0291
pressoffice@jti.com

Photo:
http://photos.prnewswire.com/prnh/20140611/690915

ots Originaltext: JTI (Japan Tobacco International)
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