WORLD HEALTH ORGANIZATION OPEN-ENDED INTERGOVERNMENTAL WORKING GROUP ON THE WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL Provisional agenda item 5 A/FCTC/IGWG/1/3 17 June 2004
Status of the WHO Framework Convention on Tobacco Control 1. Tobacco use is increasing worldwide. In response to the globalization of the epidemic of tobacco-related disease, WHO Member States initiated negotiations on the WHO framework convention on tobacco control in October 2000. The Framework Convention on Tobacco Control – WHO’s first treaty – was unanimously adopted by Member States at the Fifty-sixth World Health Assembly in May 2003.1 In adopting the treaty, WHO and its Member States recognized that the Framework Convention is a powerful global public health tool for combating tobacco use and the ravages it causes. 2. As of 15 June 2004, 127 Member States and the European Community had signed the WHO Framework Convention on Tobacco Control (see Annex 1). In addition, 19 of these Member States had already ratified or approved the Convention. With the 29 June 2004 deadline for signature approaching, WHO takes this opportunity to remind delegations of the crucial tobacco control work that remains to be completed; delegates are urged to encourage their respective governments to sign the Framework Convention. Signature indicates a State’s intention to be bound by the Convention at a later date (see Annex 2 for a model instrument granting full powers to the signatory). Ratification, acceptance, approval or formal confirmation are international acts by which States or regional economic integration organizations that have already signed the Framework Convention formally agree to be bound by it.2 3. WHO encourages those Member States and regional economic integration organizations that have signed but not ratified, approved, accepted, or formally confirmed the Framework Convention, to do so as early as possible (see Annex 2 for a model ratification instrument). 4. After 29 June 2004, the WHO Framework Convention on Tobacco Control will be closed for signature. Beyond that date, Member States may still become a party to the Framework Convention by means of accession, a single-stage process equivalent to ratification. The WHO Framework Convention on Tobacco Control will enter into force on the ninetieth day following the date of deposit of the fortieth instrument of ratification, approval, acceptance, formal confirmation, or accession. Although 40 is the minimum number of ratifications for entry into force, the goal is to have the greatest possible number of Member States ratify, accept, approve, formally confirm, or accede to the Framework Convention in order to exploit the treaty’s full potential as a global public health tool.
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Resolution WHA56.1.
“Acceptance” and “approval” have the same international legal effects as ratification. Formal confirmation is the equivalent of ratification for regional economic integration organizations such as the European Community.
A/FCTC/IGWG/1/3
ANNEX 1 MEMBER STATES AND REGIONAL ECONOMIC INTEGRATION ORGANIZATIONS THAT HAVE SIGNED AND/OR ARE CONTRACTING PARTIES TO THE WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL (AS OF 15 JUNE 2004)1 WHO African Region (27) WHO Region of the Americas (22) WHO SouthEast Asia Region (10) WHO European Region (34 + the European Community) Austria Belgium Bulgaria Croatia Cyprus Czech Republic Denmark Estonia European Community Finland France Georgia Germany Greece Hungary Iceland Ireland Israel Italy Kyrgyzstan Latvia Lithuania Luxembourg Malta Netherlands Norway Poland Portugal San Marino Slovakia Slovenia Spain Sweden Turkey United Kingdom of Great Britain and Northern Ireland WHO Eastern Mediterranean Region (13) WHO Western Pacific Region (21)
Algeria Botswana Burkina Faso Burundi Cameroon Cape Verde Central African Republic Comoros Congo Côte d’Ivoire Ethiopia Gabon Gambia Ghana Guinea Madagascar Mali Mauritius Mozambique Namibia Rwanda Senegal Seychelles South Africa Togo Uganda United Republic of Tanzania
Argentina Belize Bolivia Brazil Canada Chile Costa Rica Ecuador El Salvador Guatemala Haiti Jamaica Mexico Nicaragua Panama Paraguay Peru Saint Vincent and the Grenadines Trinidad and Tobago Uruguay United States of America Venezuela
Bangladesh Bhutan Democratic People’s Republic of Korea India Maldives Myanmar Nepal Sri Lanka Thailand Timor-Leste
Djibouti Egypt Iran (Islamic Republic of) Jordan Kuwait Lebanon Morocco Pakistan Qatar Sudan Syrian Arab Republic Tunisia Yemen
Australia Brunei Darussalam Cambodia China Cook Islands Fiji Japan (Acceptance) Kiribati Malaysia Marshall Islands Mongolia New Zealand Palau Philippines Republic of Korea Samoa Singapore Tonga Tuvalu Vanuatu Viet Nam
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The 19 Member States that are already contracting Parties to the Convention are highlighted in bold-face type.
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A/FCTC/IGWG/1/3
ANNEX 2
(This instrument is to be signed by the Head of State, Head of Government or Minister of Foreign Affairs) LETTER OF AUTHORITY GRANTING FULL POWERS
I, [name and title of the Head of State, Head of Government or Minister of Foreign Affairs], HEREBY AUTHORIZE [name and title] to sign subject to ratification, acceptance, or approval on behalf of the Government of [name of country], the WHO Framework Convention on Tobacco Control, which was unanimously adopted on 21 May 2003 and deposited with the Secretary-General of the United Nations on 13 June 2003. Done at [place] on [date]. [Signature]
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(To be signed by the Head of State, Head of Government, or Minister of Foreign Affairs) INSTRUMENT OF RATIFICATION
WHEREAS the WHO Framework Convention on Tobacco Control was adopted on 21 May 2003 in Geneva, Switzerland, AND WHEREAS the said Framework Convention on Tobacco Control has been signed on behalf of the Government of [name of country] on [date of country’s signature of the Framework Convention on Tobacco Control], NOW THEREFORE I, [name and title of the Head of State, Head of Government, or Minister of Foreign Affairs] declare that the Government of [name of country], having considered the abovementioned Convention, ratifies the same and undertakes faithfully to perform and carry out the stipulations therein contained. IN WITNESS THEREOF, I have signed this instrument of ratification at [place] on [date]. [Signature]
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