WORLD HEALTH ORGANIZATION INTERGOVERNMENTAL NEGOTIATING BODY ON THE WHO FRAMEWORK CONVENTION ON TOBACCO CONTROL Fifth session Provisional agenda item 3 A/FCTC/INB5/DIV/5 16 July 2002
Framework convention on tobacco control Letter from Ambassador Luiz Felipe de Seixas Corrêa, Chair, Intergovernmental Negotiating Body Having taken over the Chair of the Intergovernmental Negotiating Body on the WHO framework convention on tobacco control during its fourth session (18 to 23 March 2002), I was encouraged by the progress made during the last round of negotiations. The flexibility and willingness of Member States to search for different working methods to advance the negotiations, and the determination of the delegations to complete negotiation of an effective framework convention by the target date of May 2003, constitute clear indications that we are on the right track. As you will recall, it was agreed at the fourth session of the Negotiating Body that on the basis of the texts emerging from the fourth and previous sessions and of any new proposals received by 15 May 2002, I should prepare a new draft text of the framework convention to be circulated to all participants no later than 16 July 2002. Delegations will then have ample time to study it in its entirety so as to use the new text as the basis for deliberations at the fifth session of the Negotiating Body (14 to 25 October 2002). I am pleased to report that the preparation of my new text has proceeded according to schedule, which has permitted the Secretariat to distribute it on 16 July 2002. I wish to thank those Member States that submitted further proposals or proposed definitions after the fourth session of the Negotiating Body. As you will recall, it was decided at the fourth session that a cut-off date of 15 May 2002 would be set for new proposals. Participants in the negotiations were invited to submit any new proposals in respect of the proposed draft convention to the Chair through the Secretariat. I also appreciate the efforts of those Member States that proposed definitions for the ten crosscutting terms that had been identified through extensive consultations during the fourth session. The submission of both the new proposals and the definitions greatly assisted me in the task of drafting. Since early April 2002, I have reviewed all the texts drawn up thus far in the negotiations in order to streamline the material into a new draft. I also convened a meeting of the Bureau and the Co-Chairs in Geneva on 23 and 24 May 2002 to assess progress made thus far in the negotiations and to discuss the method of work for consideration of the new Chair’s text. The meeting also provided an opportunity to examine in detail with the Co-Chairs of each of the working groups a series of specific issues that are central to the negotiation. I would like at this stage to explain some of the main features of the new text, and some of the decisions I took as far as its organization is concerned.
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(a) In structuring the new text, I have chosen to divide the document into 11 parts, each part containing articles arranged according, for the most part, to the various titles of articles that had been proposed in earlier texts. Moreover, I have proposed a new numbering system (articles designated in numbers and not in letters). (b) The text does not include alternatives or bracketed wording. I have attempted to accommodate the various positions on the negotiating table into a single text and thus have chosen to elaborate a clean text for your consideration. This format follows the numerous requests made during the fourth session for development of a “clean text” as this was indicated as the best way to advance the negotiations at the fifth session. (c) For articles that previously had no text, namely Preamble, Liability and Compensation, Development of the Convention, and Final Clauses I have drafted a Chair’s text according to the various textual inputs submitted during the course of the negotiations. (d) Definitions for the crosscutting terms identified during the fourth session have also been included in the Chair’s text. In line with the work of the International Law Commission, I propose that the title “Definitions” be altered to “Use of Terms”. I wish to stress that these proposals are preliminary and are not intended for formal negotiation in plenary. It is my intention that the ad hoc group established during the fourth session should continue to refine the list appearing under “Use of terms” through further informal discussions. (e) In framing the draft text I have examined all the articles and have attempted, keeping a certain degree of flexibility, to ensure consistency in the way recurrent terms are used throughout the document. As we look forward to consideration of the new Chair’s text, I also wish to share with you some of the ideas concerning the method of work discussed during the recent meeting of the Bureau and the Co-Chairs. The members of the Bureau and the Co-Chairs of the working groups both agreed that there was an urgent need to find a method of work for the fifth session that would ensure considerable progress towards the ultimate goal of adopting the framework convention by the Fifty-sixth World Health Assembly (May 2003). It was noted that although positive results had been achieved with the present method of work, there was a need for a new dynamic to be created with the release of the new Chair’s text. The time is ripe for a unified approach that will complement the concurrent processes we have successfully used so far. In order to arrive at our final objective, I am convinced that the framework convention should be conceived as an international legal instrument shaped in treaty format. It should contain certain normative values and obligations that take account of national concerns of Member States within a global context, while focusing on public health concerns, and general principles that assist governments to enact a national framework of action for tobacco control and for intergovernmental cooperation. In drafting the Chair’s text I have attempted to follow these guidelines. I believe the text represents a comprehensive and useful tool to advance and conclude the negotiations. In order to move the negotiations forward on the basis of this text, I urge Member States to continue to be flexible about the method of work. With this in mind, as I mentioned earlier, I consulted the Bureau of the Negotiating Body on 24 May. It was generally agreed that the formal working group format had produced positive results, but had now largely served its purpose and that more informal
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methods of work were needed. The Bureau emphasized that a principal objective of the fifth session would be to engage delegations in active and productive negotiations. My intention is to lead discussions in plenary meetings. In cases where consensus cannot be achieved in plenary, I will call on facilitators to take up those issues, to work towards consensus in an informal and open-ended manner, and to report to the Chair accordingly. A roster of potential facilitators will be created for that purpose during the fifth session. A provisional timetable with a covering note will be issued well in advance of the fifth session. This timetable will also make provision for discussions on general principles for identifying future protocols, as was the case in the third and fourth sessions. Now that the new Chair’s text has been released, I will be consulting with Member States in order to secure support for it. Also, in our recent meeting, the Bureau emphasized the need for involvement at the highest political level in Member States in order to maintain the momentum of the negotiations with a view to their completion by May 2003, and the important role of the Director-General of WHO in this respect. Moreover, as many delegations will be involved in intersessional meetings before the fifth session, I would urge them to focus on identifying overall negotiating positions rather than on drawing up long lists of mainly editorial changes to the text. The negotiations would greatly benefit if delegations could focus on overall discussion of the core issues that they absolutely need to have reflected in the final text. We should try to avoid rigidly defined negotiating positions based on largely editorial or excessively detailed proposals. As we enter a crucial phase in the negotiations, I am encouraged by the positive momentum that has been created by the first four sessions, and I should like to stress that we remain on target to adopt the framework convention at the Fifty-sixth World Health Assembly. Our success will depend on our capacity to establish a text that will be able to command widespread support while ensuring that the major objectives of this exercise are duly reflected in the operative provisions of the framework convention. I would like to thank all those who have taken part in the negotiations on the framework convention thus far, and look forward to your active and constructive contributions to the successful conclusion of these most important negotiations.
Luiz Felipe de Seixas Corrêa
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