WORLD HEALTH ORGANIZATION OPEN-ENDED INTERGOVERNMENTAL WORKING GROUP ON THE WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL Second session Agenda item 5.4 A/FCTC/IGWG/2/4 Rev.1 3 February 2005
Study of existing and potential sources and mechanisms of assistance: terms of reference 1. Article 26.5(c) of the WHO Framework Convention on Tobacco Control requires the Conference of the Parties at its first session to review existing and potential sources and mechanisms of assistance based on a study conducted by the Secretariat. The first session of the Open-ended Intergovernmental Working Group considered a report1 that gave an initial overview of potential sources and mechanisms of assistance. On the basis of that document and the ensuing discussion, the Working Group requested the Secretariat to prepare draft elements of terms of reference for the study, for consideration at its second session.2 2. The present document sets out the draft elements of terms of reference as amended by the Openended Intergovernmental Working Group at its second session.
DRAFT ELEMENTS OF TERMS OF REFERENCE 3. Article 26 is a core article of the Framework Convention that emphasizes the important role that financial resources play in achieving the objective of the Convention, and sets out ways in which such resources might be mobilized. In particular, it provides that each Party shall provide financial support in respect of its national activities intended to achieve the objective of the Convention, and promote, as appropriate, the utilization of bilateral, regional, subregional and other multilateral channels to provide funding for the development and strengthening of multisectoral comprehensive tobacco control programmes of developing country Parties and Parties with economies in transition (Article 26, paragraphs 1, 2 and 3). 4. The Framework Convention contains other references to and provisions on financial and technical resources, on the importance of financial resources and technical assistance to Parties in meeting their obligations under the Framework Convention, and on potential sources of funding (thirteenth preambular paragraph; Article 4, paragraphs 3 and 6; and Article 20, paragraph 3).
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Document A/FCTC/IGWG/1/INF.DOC./1. See document A/FCTC/IGWG/2/4.
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5. Other provisions set out countries’ financial obligations and their obligations to cooperate in various ways and at various levels, particularly in the transfer of technology and the provision of technical and other expertise (Article 5, paragraphs 2(a) and 6; Article 20, paragraph 5; Article 22, paragraph 1). 6. The Convention also contains provisions on the obligations of the Secretariat and the Conference of the Parties in respect of financial resources and technical assistance to countries (Article 22, paragraph 2; Article 23, paragraph 5(e); Article 25; Article 26, paragraph 5(b)-(d). 7. In accordance with Article 26.5(c), the Secretariat will conduct a study of existing and potential sources and mechanisms of assistance for tobacco-related activities. The study will take into account and build upon the information contained in earlier documents.1 8. The study will cover the following types of sources and mechanisms: (a) Existing and potential sources of funding for tobacco-related activities at the international and regional levels, to which countries may apply. This section will include both multilateral and bilateral channels of assistance. (b) Existing and potential funds and similar mechanisms at the international and regional levels, including those in areas other than tobacco control, that may be relevant to the possible establishment of a voluntary global fund or other appropriate financial mechanisms, as provided for in Article 26.5(d) of the WHO Framework Convention. (c) Governmental sources of funding and assistance as well as funding and assistance from nongovernmental organizations excluding the tobacco industry or its affiliated organizations. (d) All other resources and assistance for tobacco-related activities at the international, regional and national levels, that meet the requirements of the WHO Framework Convention and can be utilized to achieve the objectives of the Convention. 9. With respect to all sources and mechanisms examined, the study will provide detailed information on and analyses of: (a) modalities and conditions for accessing resources, eligibility criteria (e.g. categories of countries, specific requirements); (b) application procedures;
(c) sources of funding, mechanisms and methods of generating funds (e.g. compulsory contributions, voluntary contributions); (d) approximate amount of available funds, and of funds normally disbursed in one calendar year;
1 Documents A/FCTC/INB6/INF.DOC./1 prepared for the sixth session of the Intergovernmental Negotiating Body on the WHO framework convention on tobacco control, and A/FCTC/IGWG/1/INF.DOC./1 prepared for the first session of the Open-ended Intergovernmental Working Group.
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practical experience of the funding source or mechanism;
(f) assessment of the predictability and sustainability of funding from the source or mechanism, and of its overall success. 10. Based on those findings, the study will examine possible modalities for better coordination, integration and mainstreaming of existing sources and mechanisms of assistance, based on a review of precedents. 11. With respect to mechanisms that may be relevant to the possible establishment of a voluntary global fund or other appropriate financial mechanisms, as provided for in Article 26.5(d), the study will examine possible modalities of establishing such a mechanism, based on a review of precedents. 12. The study will be carried out in consultation with relevant United Nations bodies and international institutions, including, inter alia, the Task Force on Financial Mechanisms set up in connection with the proposed Digital Solidarity Fund,1 and the OECD Development Assistance Committee. 13. The study will not seek to make recommendations.
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The establishment of a Digital Solidarity Fund to assist poor nations in establishing communications infrastructures was proposed at the first phase of the World Summit on the Information Society (WSIS), held in Geneva in December 2003. As a follow-up, a Task Force on Financial Mechanisms was set up under the auspices of the United Nations SecretaryGeneral to conduct a thorough review of the adequacy of existing financial mechanisms, to serve as a basis for further consideration of the issue during the second phase of the Summit in 2005.
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