Second report of Committee B (draft)

1113 Second report of Committee B (Draft) Committee B held its second and third meetings on 9 October 2018 under the chairmanship of Dr Leimapokpam Swasticharan (India). It was decided to recommend to the Meeting of the Parties to the Protocol the adoption of the attached decisions related to the following agenda items: 6. Coordination between the Conference of the Parties to the WHO FCTC and the Meeting of the Parties to the Protocol 6.2 Selection of the new Head of the Convention Secretariat One decision as amended entitled: – Appointment of the Head of the Convention Secretariat and renewal of the term of office 7. Budgetary and institutional matters 7.1 Code of Conduct for the Bureau of the Meeting of the Parties and proposed measures to prevent and address potential conflicts of interest (perceived or existing) among staff of the Convention Secretariat One decision as amended entitled: – Code of Conduct and Declaration of Interest for the Members of the Bureau and the Regional Coordinators of the Meeting of the Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products and on proposed measures preventing and addressing possible conflicts of interest at the Convention Secretariat Meeting of the Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products First session Geneva, Switzerland, 8–10 October 2018 (Draft) FCTC/MOP/1/B/R/2 9 October 2018 (Draft) FCTC/MOP/1/B/R/2 2 7.5 Visual identity of the Protocol One decision as amended entitled: – Visual identity of the Protocol to Eliminate Illicit Trade in Tobacco Products (Draft) FCTC/MOP/1/B/R/2 3 Agenda item 6.2 Appointment of the Head of the Convention Secretariat and renewal of the term of office The Meeting of the Parties (MOP), Recalling decisions FCTC/COP1(10) on the establishment of a permanent secretariat of the Convention, FCTC/COP4(6) on the Head of the Convention Secretariat, FCTC/COP5(20) on the role of the Bureau of the Conference of the Parties (COP) and FCTC/COP5(21) on the appointment and renewal of the term of office of the Head of the Convention Secretariat; Taking note of the recommendations by the Bureau of the COP contained in document FCTC/COP/6/25 and of decision FCTC/COP6(22) on the establishment of a process for the appointment of the Head of the Convention Secretariat, term of office and possible renewal of the term of office; Noting decision FCTC/COP8(8) by which the COP established a process for the selection of the Head of the Convention Secretariat and renewal of the term of office; Underscoring the importance of a rigorous, transparent and merit-based process to attract the best candidates, and ensure the selection of the most qualified individual; Considering the report in document FCTC/MOP/1/16 prepared by the Convention Secretariat, 1. DECIDES to endorse the process for the selection and appointment of the Head of the Convention Secretariat adopted by COP through decision FCTC/COP8(8), and the following conditions for the renewal of the term of office: (a) the Bureau of the COP – in consultation with the regional coordinators of the COP and of the Meeting of the Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products (MOP), the Bureau of the MOP and the WHO Secretariat – shall prepare a job description for the position of Head of the Convention Secretariat and the selection criteria for the selection of candidates, taking into consideration the provisional selection criteria as contained in the Annex to this decision. The job description shall be based on the existing job description, Article 24.3 and other relevant Articles of the WHO FCTC and its Protocol, taking into account deliberations made by the COP at its Eighth session; (b) the Bureau of the COP shall submit the job description to the WHO Director-General no later than eight months before the contract of the incumbent ends; (c) the COP shall invite the WHO Director-General: to advertise the post of Head of the Convention Secretariat, as submitted by the Bureau, no later than 30 days after receiving it; to ensure wide circulation of the advertised post, including by informing and inviting Parties to the WHO FCTC to encourage qualified candidates to apply using the WHO standard form for a curriculum vitae, limited to 3500 words, and to utilize the WHO Secretariat services to screen applications and perform reference checks; (Draft) FCTC/MOP/1/B/R/2 4 (d) the WHO Secretariat services shall forward to the COP Bureau and the MOP Bureau a complete list of all applications received, along with recommendations as to which candidates should be shortlisted and brief reasons for the recommendations; (e) the COP Bureau, in consultation with the MOP Bureau and with the support of one representative of the WHO Director-General, shall decide on an initial shortlist of no more than six candidates to be interviewed whom it considers to be the most qualified taking into account the job description and the criteria set out in the Annex to this decision; (f) the WHO Secretariat services shall, for transparency purposes, communicate the list of candidates and the shortlist of candidates to be interviewed to the Parties of the WHO FCTC, through a dedicated and protected website to ensure at the same time the confidentiality of the process; (g) following the interviews, the COP Bureau in consultation with the MOP Bureau, shall select the suitable candidate and recommend to the WHO Director-General a single candidate; (h) the COP regional coordinators, as referred to in Rule 24quater of the Rules of Procedure of the Conference of the Parties, and MOP regional coordinators will be invited to observe the complete selection process and will facilitate two-way communication with the Parties in their respective regions; (i) the appointment of the Head of the Convention Secretariat shall be made by the WHO Director-General, in consultation with the President of the COP and the President of the MOP; (j) the term of office of the third and subsequent Heads of the Convention Secretariat shall be for a period of four years, with the possibility of a single renewal for a further four years following the process described above in operative paragraphs 1(a) to 1(h); 2. FURTHER DECIDES to mandate the MOP Bureau to make recommendations to the MOP at its Second session on the above-mentioned appointment process based on the experience gained and comments received from Parties intersessionally and on any other matters that should be considered for future appointments. (Draft) FCTC/MOP/1/B/R/2 5 ANNEX CRITERIA FOR THE SELECTION OF CANDIDATES FOR THE POSITION OF HEAD OF THE CONVENTION SECRETARIAT 1. A strong technical, policy background and knowledge, as well as substantive experience, in public health and international cooperation. 2. Experience in international health, including working with international organizations and Member States, and maintaining strong links with the international tobacco control community, and preferably working experience in developing countries. 3. Demonstrable leadership skills and experience, including the ability to translate into action the COP’s and MOP’s vision for the Convention and the Protocol to Eliminate Illicit Trade in Tobacco Products. 4. Proven ability to deal effectively with the media, academic groups, United Nations entities, industry, political leaders, civil society, as well as public health and anti-illicit trade specialists. 5. Excellent communication and advocacy skills, including the ability to build consensus and the commitment to improve coordination with relevant United Nations entities. 6. Demonstrable competence in organizational management and financing for complex health-related organizations, including the ability to analyse organizational problems and find adequate solutions as well as to effectively mobilize resources to support the implementation of the Convention and the Protocol. 7. Sensitivity to cultural, social and political differences. 8. A strong commitment to the objectives and implementation of the Convention and the Protocol as well as to evidence-based promotion and protection of public health, in accordance with the principles of the Convention and the Protocol. 9. A health record compatible with carrying out the duties of the post. 10. Proven integrity and independence, including the ability to protect the Convention and the Protocol from commercial and other vested interests of the tobacco industry. 11. Proficiency in at least one of the six official languages of WHO and sufficient skills in a second official language. (Draft) FCTC/MOP/1/B/R/2 6 Agenda item 7.1 Code of Conduct and Declaration of Interest for the Members of the Bureau and the Regional Coordinators of the Meeting of the Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products and on proposed measures preventing and addressing possible conflicts of interest at the Convention Secretariat The Meeting of the Parties (MOP), Taking into account the 18th preambular paragraph and Article 5.3 of the WHO Framework Convention on Tobacco Control (WHO FCTC); Taking also into account Rules 6, 9, 19, 21–24, 24bis, 24ter and 24quater of the Rules of Procedure of the Meeting of the Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products (Protocol); Recognizing the central role Members of the Bureau of the MOP and Regional Coordinators play during the intersessional periods; Acknowledging that Members of the Bureau of the MOP and Regional Coordinators, by virtue of their role in providing guidance to the Convention Secretariat on the implementation of the workplans and budgets adopted by the MOP, have access to privileged information in relation to the work of the Convention Secretariat and the implementation of the Protocol; Recognizing the central role of the staff members of the Convention Secretariat in supporting the implementation of the Protocol and their access to privileged information needed for this task; Having considered the report contained in document FCTC/MOP/1/17 submitted by the Convention Secretariat, 1. URGES Parties: (a) to accelerate and strengthen implementation of Article 5.3 of the WHO FCTC and its guidelines; (b) to remain vigilant of tobacco industry efforts to undermine implementation of the Protocol; (c) to nominate the candidates to be elected as Members of the Bureau of the MOP and Regional Coordinators, in line with Article 5.3 and recommendations 4.9 and 8.3 of its Guidelines; 2. DECIDES: (a) to adopt the Code of Conduct for the Members of the Bureau and Regional Coordinators of the MOP and the Declaration of Interest form therein contained, as proposed in document FCTC/MOP/1/17; (b) that, upon their election, Members of the Bureau and Regional Coordinators of the MOP shall abide by the provisions of the above-mentioned Code of Conduct during their tenure; (Draft) FCTC/MOP/1/B/R/2 7 (c) that, upon their election, Members of the Bureau and Regional Coordinators of the MOP shall submit, on a mandatory basis, the Declaration of Interest form contained in document FCTC/MOP/1/17; 3. REQUESTS the Convention Secretariat: (a) to keep the Parties to the Protocol informed on the status of implementation of this decision by members of the Bureau and Regional Coordinators; (b) to work and consult with WHO on the development of a Declaration of Interest form or appendix to the existing form applicable to all Convention Secretariat staff and personnel and agree on measures to be taken with respect to potential or actual conflicts of interest with the tobacco industry and its front groups and other vested commercial interests as appropriate; (c) to keep records of the submitted Declaration of Interest forms and report to the Bureau any potential conflict of interest emerging from the Declaration of Interest forms; (d) to report to the Ninth session of the Conference of the Parties and Second session of the MOP on the progress of the implementation of this decision. (Draft) FCTC/MOP/1/B/R/2 8 ANNEX 1 CODE OF CONDUCT FOR THE MEMBERS OF THE BUREAU AND THE REGIONAL COORDINATORS OF THE MEETING OF THE PARTIES TO THE PROTOCOL TO ELIMINATE ILLICIT TRADE IN TOBACCO PRODUCTS I. Objective 1. The objective of this Code of Conduct (Code) is to ensure the effective execution of the Bureau’s functions and duties as set out in the Rules of Procedure (Rules 6, 9, 19 and 21–24quater) of the Meeting of the Parties (MOP) to the Protocol to Eliminate Illicit Trade in Tobacco Products. 2. The exercise of these functions should be in line with the objectives and provisions of the WHO Framework Convention on Tobacco Control (hereinafter WHO FCTC), with particular regard to Article 5.3 and the Guidelines for its implementation. 3. To this end, this Code establishes a set of operational principles and ethical standards to guide the functions and duties of the Members of the Bureau and the Regional Coordinators of the MOP to the Protocol who participate in the intersessional meetings of the Bureau, in accordance with Rule 24bis of the Rules of Procedure of the MOP (hereinafter referred to as “Members”). 4. For the purposes of this text, the reference to “the functions and duties” of the Members shall be considered to exclusively refer to the functions and duties the Members exercise as Members of the Bureau and as Regional Coordinators, respectively. II. Guiding principles 5. To achieve the objective of this Code in performing their functions and duties, the Members shall be guided by the purpose, objectives and provisions of the WHO FCTC and its protocols: (a) Members shall be aware of all efforts of the tobacco industry to oppose and challenge implementation of the Protocol at the national, regional and global levels; (b) Members shall, in accordance with Article 5.3 of the WHO FCTC and its Guidelines, act to protect the setting and implementation of health policies from commercial and other vested interests; (c) Members shall perform their functions and duties in accordance with the objectives of the WHO FCTC as set out in Article 3, namely to protect present and future generations from the devastating health, social, environmental and economic consequences of tobacco consumption and from exposure to tobacco smoke, while ensuring integrity and loyalty; and (d) Members shall not use their term of office or information gained from their functions as Members of the Bureau and Regional Coordinators for private gain, financial or otherwise, or for the private gain of any third party, including family, friends and those they favour. Annex 1 (Draft) FCTC/MOP/1/B/R/2 9 III. Duty of the Members 6. In carrying out their functions and duties, it shall be the duty of the Members: (a) to protect the implementation of the Protocol against the influence of and interference by commercial and other vested interests of the tobacco industry or vested interests of economic and commercial actors whose main part of business is related to the implementation of the Protocol; (b) to interact with the tobacco industry exclusively when it is strictly necessary for the effective carrying out of their functions; (c) to ensure that there is transparency in their relations and interactions, as required, with the tobacco industry; and (d) to promote, within their respective countries, strong measures to ensure full implementation of Article 5.3 of the WHO FCTC and its Guidelines. IV. Conflicts of interest 7. Conflicts of interest include, but are not limited to, personal, financial or other interests such as: (a) having ownership or investment in the tobacco industry; (b) being a member of the Board of Directors, an officer, employee or consultant of a tobacco corporation, or a partner in a partnership in the tobacco industry; and (c) receiving a financial contribution from the tobacco industry as set out in Section VII of this document. 8. The Members shall prevent any actual, potential or apparent conflict of interest from arising, which may arise where a Member: (a) deals with a matter conflicting with the spirit, objectives and provisions of the WHO FCTC and its protocols, and where he or she is in a position to influence the matter, directly or indirectly; (b) holds an official position or offers services to another person or private body that is in conflict with the functions of the Bureau as set out in Rules 6, 9, 19 and 21–24quater and any other relevant rules of the Rules of Procedure; or (c) accepts any favour, gift or remuneration to influence his or her actions as Member of the Bureau. V. Declaration of Interest 9. Each Member shall complete and sign the Declaration of Interest (DOI) form upon accepting their appointment and shall commit to adhering to the present Code, informing the Bureau of any links with the tobacco industry that may give rise to an actual or perceived conflict of interest. The Member shall keep the Bureau updated of any changes to their DOI. (Draft) FCTC/MOP/1/B/R/2 Annex 1 10 VI. Confidentiality 10. Members are responsible for exercising discretion in all matters of official business and must refrain from divulging confidential information. All information and documentation Members have access to by virtue of their tenure are the intellectual property of WHO acting in representation of the Convention Secretariat and are protected by the immunities and the inviolability of archives granted to WHO under the Convention on the Privileges and Immunities of the Specialized Agencies, relevant host agreements and principles of international law. 11. Confidentiality obligations will surpass the Members appointment with the Bureau and no disclosures may be made without express and written authorization from the Head of the Convention Secretariat. VII. Relations with the tobacco industry 12. Members shall not participate in, support, endorse or accept: (a) a partnership of any kind with the tobacco industry, including initiatives or activities of the tobacco industry described, characterized, implied or likely to be perceived as socially responsible; (b) any non-binding or non-enforceable agreement, memorandum of understanding, voluntary arrangement or tobacco industry code of conduct in the place of legally enforceable tobacco control measures; and (c) proposals, drafts or offers of assistance with the development or implementation of any tobacco control policies. 13. Members shall avoid the creation of any perception of partnership or cooperation with the tobacco industry, and shall publicly correct any perception of partnership that may have been created as soon as they become aware of it. 14. Members shall not demand or receive any contribution from the tobacco industry or any partner in a partnership with the tobacco industry for themselves, their families, relatives, friends, or any other persons or organizations. Contributions shall include, but are not limited to, payments, gifts and services, monetary or in kind, research funding, financial aid, policy drafts and legal advice. VIII. Post-mandate and protection of confidential information 15. Members shall not engage in any relationship with the tobacco industry or with any partner in a partnership with the tobacco industry, including any relationships set out in this Code, whether gainful or not, within 24 months following the end of his or her tenure with the Bureau. 16. Members are advised not to engage in any relationship with the tobacco industry or with any partner in a partnership with the tobacco industry beyond 24 months in the spirit of the treaty and of the relevant functions they exerted in the past as Members. Annex 1 (Draft) FCTC/MOP/1/B/R/2 11 IX. Breach of Code 17. Any Member who is found to be in breach of this Code: (a) shall resign from the Bureau or as Regional Coordinator with immediate effect, with provision of Section VIII, Clause 15 applicable; and (b) may be subject to any penalties as may be provided by the national legislation of the Party that he or she represents. (Draft) FCTC/MOP/1/B/R/2 Annex 1 12 Declaration of Interest Form for Members of the Bureau and Regional Coordinators of the Meeting of the Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products I hereby declare that I have read and understood the Code of Conduct, and commit to adhere to the fundamental principles, operational principles and ethical standards set out therein. I confirm that I have ☐ Never ☐ Not within the past ___ years had any professional relationship with, or received any form of funding or support from, an entity directly involved in the manufacture, wholesale distribution or importation of tobacco products or representing the interests of any such entity. (It should be noted that the notion of “professional relationship” as used in this paragraph should be understood as not including a public officeholder’s interactions with the tobacco industry required for setting and implementing public health policies with respect to tobacco control.) If you are not a position to make this confirmation, please provide an explanation below: ☐ I also acknowledge that I shall make another Declaration to state any change in any matter contained in this Declaration within one month after the change occurs and shall provide further information on the particulars contained in this Declaration if so required by the Bureau elected by the Meeting of the Parties to the Protocol to Eliminate Illicit Trade in Tobacco Products. Signed by: (full name and title) Date: Signature: Annex 1 (Draft) FCTC/MOP/1/B/R/2 13 (Draft) FCTC/MOP/1/B/R/2 Annex 1 14 (Draft) FCTC/MOP/1/B/R/2 15 Agenda item 7.5 Visual identity of the Protocol to Eliminate Illicit Trade in Tobacco Products The Meeting of the Parties (MOP), Noting the report prepared by the Convention Secretariat contained in document FCTC/MOP/1/21; Acknowledging the importance of having a specific visual identity of the Protocol to Eliminate Illicit Trade in Tobacco Products (Protocol); Recognizing the necessity of obtaining suitable legal protection for the visual identity, 1. DECIDES to mandate the Convention Secretariat to commission and to propose to the Bureau of the MOP options for the logo of the Protocol and to mandate the Bureau to decide on the final design of the logo; 2. DECIDES to adopt for this logo the term “Seoul Protocol”, in association with the logo of the WHO FCTC, as well as the full name of the Protocol, which is “Protocol to Eliminate Illicit Trade in Tobacco Products”, in all six official languages of the MOP; 3. DECIDES that the use of the term “Seoul Protocol”, mentioned in paragraph 2 above, shall be contingent upon the Republic of Korea becoming a Party to the Protocol; 4. DECIDES that, in view of the necessity of obtaining suitable legal protection: (a) appropriate measures should be taken by the Convention Secretariat with a view to preventing the unauthorized use, in particular for commercial purposes by means of trademarks or commercial labels, of the logo, abbreviation and name of the Protocol; (b) each Party to the Protocol, pending the coming into effect within its territory of any such measure or prohibition, should endeavour to prevent any unauthorized use of the logo, abbreviation and name of the Protocol, in particular for commercial purposes by means of trademarks or commercial labels; 5. DECIDES to mandate the Convention Secretariat to continue to use its stamp in all Protocol documentation. = = =