Corporate Accountability International s Response to the WHO s Public Web Consultation on Engagement with Non-State Actors 20 March 2013

Similar documents
EUROCARE COMMENTS TO THE DISCUSSION PAPER FOR THE INFORMAL CONSULTATION WITH MEMBER STATES AND NON-STATE ACTORS

Sustainable measures to strengthen implementation of the WHO FCTC

IOGT International. Klara Södra Kyrkogata 20 SE Stockholm Sweden M:

Safeguarding against possible conflicts of interest in nutrition programmes

Attendance of members of the public in meetings of the Conference of the Parties to the WHO FCTC and its subsidiary bodies

FRAMEWORK OF ENGAGEMENT WITH NON-STATE ACTORS. Report by the Secretariat to the regional committees

Mutual administrative and legal assistance (Articles 28 and 29)

Preventing and managing conflict of interest in nutrition policies and programmes

International assistance and cooperation

QUESTIONNAIRE FOR MEMBER STATES: BUSINESS AND HUMAN RIGHTS

Framework of engagement with non-state actors: report by the Secretariat to the regional committees

Governing Body 334th Session, Geneva, 25 October 8 November 2018

7 September 2004 MLC/SB/am

Re: Memorandum on Key Elements for the Draft Policy Paper on WHO s Engagement with NGOs

(Translation) Announcement. NFS Asset Management Company Limited. PorBorSor. NFS 002/2017. Subject: Anti-Corruption Policy

Applications for the status of observer to the Conference of the Parties

A message from Commissioner Günther H. Oettinger

UNHCR S ROLE IN SUPPORT OF AN ENHANCED HUMANITARIAN RESPONSE TO SITUATIONS OF INTERNAL DISPLACEMENT POLICY FRAMEWORK AND IMPLEMENTATION STRATEGY

TOWARDS A NEW POLICY OF WHO ENGAGEMENT WITH NGOs

The freedom of expression and the free flow of information on the Internet

Driving Egypt towards Evidence Based Decision Making. Minister of Health & Population, Egypt Prof.Dr. Amr Helmi

Diversity of Cultural Expressions

INTERPOL s application for the status of observer to the Conference of the Parties

Appendix 1 ECOSOC Resolution E/1996/31: Consultative Relationship Between the United Nations and Non-Governmental Organizations

PUBLIC UTILITY DISTRICT NO. 1 OF CHELAN COUNTY GOVERNANCE POLICIES

Prevention and control of noncommunicable diseases

Conflicts of Interest concerns about three members of WHO s new High-level Commission on NCDs 2

ANNEX DRAFT OVERARCHING FRAMEWORK OF ENGAGEMENT WITH NON-STATE ACTORS

Amended proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

WHO reform: Framework of engagement with non-state actors

Taking on the Lethal but Legal Industries: Strategies to Change Corporate Practices that Harm Health

2015 has been a landmark year in the fight to end the global tobacco epidemic.

Comments on the zero draft of the principles for responsible agricultural investment (rai) in the context of food security and nutrition

Compatibility of the United Nations. Guidelines on cooperation between the United Nations and the business sector. and the

Framework of engagement with non-state actors

POLICY SEA: CONCEPTUAL MODEL AND OPERATIONAL GUIDANCE FOR APPLYING STRATEGIC ENVIRONMENTAL ASSESSMENT IN SECTOR REFORM EXECUTIVE SUMMARY

Feedback on The Gulf Regional Seminar QACHE Project

The Framework Convention on Tobacco Control

Remuneration Committee Terms of Reference

United Nations High level Meeting on Youth. Arrangements for Participation of NGOs in Consultative Status with ECOSOC and New Accredited NGOs

STOBART GROUP LIMITED (the "Company") REMUNERATION COMMITTEE TERMS OF REFERENCE

WHO Reform: Engagement with non-state actors

The Universal Periodic Review- Handbook

WHAT YOU OUGHT TO EAT ORIENTATION VERSUS PATERNALISM

Articles 7, 8 and 17 of the Convention on the Protection and Promotion of the Diversity of Cultural Expressions. Operational Guidelines

AdvancED Conflict of Interest Policy

OSM WP 1.0 Open Source MANO Working Procedures V1.0

ELEMENTS FOR THE DRAFT LEGALLY BINDING INSTRUMENT ON TRANSNATIONAL CORPORATIONS AND OTHER BUSINESS ENTERPRISES WITH RESPECT TO HUMAN RIGHTS

TPP Competition Chapter Prepared by the Competition Working Group of the U.S. Business Coalition for TPP. Competition Enforcement

G20 Anti-Corruption Working Group Interim Report 2017

GOVERNMENT RELATIONS QUESTIONNAIRE (Revised in November 2017)

HALLIBURTON COMPANY BOARD OF DIRECTORS COMPENSATION COMMITTEE CHARTER

REGIONAL COLLABORATION AMONG SOUTH ASIAN ANTI-SLAVERY ORGANISATIONS. Scoping Study Findings and Recommendations

Democratic Legitimacy and the TTIP Agreement. Prof. Ernst Ulrich Petersmann EUI Florence

Community Development and CSR: Managing Expectations & Balancing Interests

The Initiative for Responsible Mining Assurance (IRMA)

LESSON 14: Involving the private sector in the corruption prevention strategy

GUIDING QUESTIONS. Introduction

BOARD OF DIRECTORS CONFLICT OF INTEREST POLICY AND PROCEDURE REQUIREMENTS PURPOSE

Questionnaire. Human Rights Council resolution 24/16 on The role of prevention in the promotion and protection of human rights

Geneva Global Health Hub (G2H2) Project proposal

EU-Georgia Deep and Comprehensive Free-Trade Area

ASSESSMENT AND REVIEW OF THE EFFECTIVENESS OF THE PROTOCOL (ARTICLE

3 July 2003 EU TRADE POLICY ON TECHNICAL BARRIERS TO TRADE A NEW PUSH FOR THE REMOVAL OF TECHNICAL BARRIERS TO TRADE GLOBALLY.

Terms of Reference of India Country Coordinating Mechanism (I-CCM) For the Global Fund to Fight AIDS, Tuberculosis and Malaria

Date: 22 August Packaging Questionnaire. Questions

Policy Summary. Overview Why is the policy required? Awareness and legal compliance with Bribery Act is required to minimise risk to UHI and its staff

WHO DISCUSSION PAPER

Submission to the Commissioner for Health and Consumer Protection in response to

Declaration on Media Freedom in the Arab World

EAST VALLEY YOUTH BASEBALL & SOFTBALL BY-LAWS (Adopted and Approved for the 2015/2016 seasons)

World Health Assembly on WHO Reform Simulation

THE STATE OF GEORGIA

Responses to the Public web consultation on WHO s engagement with non-state actors

Global March Against Child Labour s Comments towards the. General Comment by the UN Committee on the Rights of the Child on

Political Activities for Charities

DRAFT International Code of Conduct for Outer Space Activities

Approved by HESI BoT, April 13, 2016

Framework of engagement with non-state actors

February 23, Dear Ms. Ursulescu, Re: Legislative Model for Lobbying in Saskatchewan

Advocating for Canadians and Charities

GUIDELINES FOR HUMANITARIAN ORGANISATIONS ON INTERACTING WITH MILITARY AND OTHER SECURITY ACTORS IN IRAQ A) INTRODUCTION: B) DEFINITION OF KEY TERMS:

Political Law. Timely and Sophisticated Legal Counsel for Your Political and Lobbying Endeavors. Attorney Advertising

Resolution adopted by the General Assembly on 23 December [without reference to a Main Committee (A/69/L.49 and Add.1)]

ILPA Submission to the Independent Review of the Office of the Children s Commissioner

European Union UNITED NATIONS HUMAN RIGHTS COUNCIL. Open-ended intergovernmental working group on transnational corporations

Policy Memo. Legislation. DATE: July 11, SUBJECT: Preventing Mass Atrocities: A Road Map for Legislators

Council Regulation (EC) No 2532/98 (23 November 1998)

The role of civil society as advocates and watchdogs in. NCD prevention and control in the Caribbean

African Regional Workshop on Implementation of the WHO Framework Convention on Tobacco Control (WHO FCTC) Dakar, Senegal, 9-12 October 2012

SEVENTH MEETING OF AD HOC GROUP SENIOR OFFICIALS SYDNEY, AUSTRALIA, 5 MARCH 2013 CO-CHAIRS' STATEMENT

SOLIDAR strongly supports the analysis and concerns expressed in this report, in particular:

The Emergence of a EU Lifestyle Policy

LSC COMMUNICATIONS, INC. Company Policy

DONNELLEY FINANCIAL SOLUTIONS, INC. Company Policy

Burke County Juvenile Crime Prevention Council By-Laws October 20, 2015

TERMS OF REFERENCE FOR THE REMUNERATION COMMITTEE

GOVERNMENT INTEGRITY 14

Report of Lobbying and Political Contributions For Fiscal Year 2015

An informal aid. for reading the Voluntary Guidelines. on the Responsible Governance of Tenure. of Land, Fisheries and Forests

Transcription:

s Response to the WHO s Public Web Consultation on Engagement with Non-State Actors This response is made by, a membership organization with a 35 year track record that protects human rights, public health and the environment from corporate abuse around the world. is in official relations with the WHO, an accredited observer to the WHO Framework Convention on Tobacco Control (FCTC) and hold special observer status with the UN Economic and Social Council (ECOSOC). The organization is a founding member of the Network for Accountability of Tobacco Transnationals, which consists of more than 100 consumer, human rights, environmental, faithbased and corporate accountability organizations in 50 countries. welcomes the opportunity to provide a response to the consultation on the development of principles, policies and procedures related to the WHO s engagement with non-state actors, including nongovernmental organizations and private commercial entities. We applaud the WHO and its Executive Board for conducting this consultation. This document sets out recommendations and a set of guiding principles for WHO and Member States to consider for inclusion in the development of its principles, policies and procedures relating to the engagement of non-state actors. Suggested Guiding Principles: We ask Member States to apply the safeguards outlined in Article 5.3 of the WHO Framework Convention on Tobacco Control the WHO s first public health treaty to the principles, policies and procedures to guide engagement with non-state actors and to reinforce protections of public health policies from the fundamental conflicts of interest of private commercial entities. The WHO FCTC Article 5.3 sets a clear precedent for safeguarding against corporate conflicts of interest and prioritizing public health over commercial interests. The WHO and Member States should adapt this safeguard to its engagement with non-state actors, in particular those representing and furthering the interests of private commercial entities. For example, the Guiding Principles could include the following language: In setting and implementing public health policies Member States shall act to protect these policies from the fundamental conflict between the private commercial entities interests and the interests of public health policy. Principle 1: There is a fundamental and irreconcilable conflict between private commercial entities interests and public health policy interests. Principle 2: WHO and Member States, when dealing with private commercial entities or those working to further its interests, should be accountable and transparent.

Page 2 of 5 Principle 3: WHO and Member States should require the private commercial entities and those working to further its interests to operate and act in a manner that is accountable and transparent. Principle 4: Private commercial entities should not be granted incentives to establish or run their businesses. Recommendation 1: Address Fundamental Conflicts of Interest WHO Director General Dr. Margaret Chan has warned that many threats to health come from powerful corporations, driven by commercial interests. The profit-driven motive of commercial interests, like those of the tobacco, food, beverage, pharmaceutical and alcohol industries, run counter to the public health objectives of the WHO as well as civil society organizations working in the interest of public health. There is an inherent conflict of interest that exists when corporations whose products are detrimental to health seek to self-regulate or guide public health policies. The principles, policies and procedures related to WHO s engagement with non-state actors, including nongovernmental organizations and private commercial entities, must emphasize the importance of governments taking the lead in policy setting and should not open the door for voluntary standards. The principles, policies and procedures must also establish clear and enforceable standards to prevent corporate conflicts of interest. These measures should go beyond individual conflicts of interest, and first and foremost address institutional conflicts of interest. We ask Member States to apply the safeguards outlined in Article 5.3 of the WHO Framework Convention on Tobacco Control the WHO s first public health treaty to the principles, policies and procedures to guide engagement with non-state actors and to reinforce protections of public health policies from fundamental conflicts of interest. Recommendation 2: Emphasis on public interest non-governmental organizations Active involvement of public interest non-governmental organizations (NGOs) working to promote effective public health policies is a critical factor to facilitate the development, promotion and implementation of public health policies as well as to monitor private commercial entity activities that run counter to public health. The final principles, policies and procedures must place an emphasis on public interest NGOs. Participation by these NGOs is essential in achieving the objectives of the WHO and its Member States. In addition, relationships established between NGOs and their government counterparts complement each others work at the national and regional levels.

Page 3 of 5 The WHO FCTC strongly establishes the principle that civil society participation is essential in achieving the objectives of the FCTC and its protocols while also explicitly excluding NGOs affiliated with the tobacco industry from involvement in tobacco control strategies. The FCTC also includes very strong language calling for the exclusion of the tobacco industry from its involvement in public health policymaking. We ask the Member States to apply these safeguards to its engagement with non-state actors acting on behalf of private commercial entities, in particular those representing the tobacco, food, beverage, pharmaceutical and alcohol industries whose interests run counter to those of public health. These entities attempt to influence international policymaking and undermine progress on effective lifesaving measures, for example through charitable contributions and research funding, corporate partnerships, corporate social responsibility schemes, use of front groups to further their interests, lobbying, or monetary and in-kind gifts and services. WHO and Member States must make a clear distinction between those organizations and institutions operating to further the interests of a private commercial entity (business-interest organizations) and public interest non-governmental organizations. WHO and Member States should apply the safeguards outlined in the WHO FCTC Article 5.3 and its Guidelines for Implementation. The WHO should never engage with those entities whose strategies and tactics are used to interfere with the setting and implementing of measures to protect public health and that operate with the express intention of subverting the role of governments and of WHO in developing and implementing public health policies. Recommendation 3: Managing engagement with non-state actors Parties to the FCTC unanimously adopted Guidelines for Implementation of Article 5.3 in 2008. These guidelines are a milestone in the history of public health and should be used as precedents for managing the engagement of the WHO and Member States for the international regulation of other industries that profit at the expense of public health, the environment and human rights. These guidelines could be applied in the following ways: 1) Raise awareness about the role of private commercial entities engaging with the WHO. All branches of government and the public need knowledge and awareness about past and present influence of and interference by the private commercial entities in setting and implementing public health policies. a. WHO and Member States should inform and educate all branches of government and the public about the need to protect public health policies from commercial and vested interests and the strategies and tactics used to interfere with setting and implementing public health policies.

Page 4 of 5 b. WHO and Member States should raise awareness about the private commercial entities use of individuals, front groups, affiliated organizations to act, openly or covertly, on their behalf. 2) Establish measures to limit interactions with private commercial entities and ensure the transparency of those interactions that occur. Any interaction with the private commercial entities should be carried out by WHO and Member States in such a way as to avoid the creation of any perception of a real or potential partnership or cooperation resulting from or on account of such interaction. a. Where interactions do occur, WHO and Member States should ensure that such interactions are conducted transparently. Whenever possible, interactions should be conducted in public, for example through public hearings, public notice of interactions, disclosure of public records of such interactions to the public. b. WHO should not grant official relations status to private commercial entities. 3) Reject partnerships and agreements with private commercial entities. Private commercial entities should not be a partner in any initiative linked to setting or implementing public health policies, given that its interests are in direct conflict with the goals of public health. a. WHO should not grant official relations status to private commercial entities. b. WHO and Member States should not accept, support or endorse partnerships as well as any voluntary arrangement with private commercial entities or any entity or person working to further its interests. c. WHO and Member States should not accept, support or endorse private commercial entity organizing, promoting, participating in, or performing youth, public education or any initiatives that are directly or indirectly related to public health policies. d. WHO and Member States should not accept, support or endorse any voluntary code of conduct or instrument drafted by the private commercial entities. e. WHO and Member States should not accept, support or endorse any offer for assistance or proposed public health legislation or policy drafted by or in collaboration with private commercial entities. 4) Avoid conflicts of interest for government officials and employees. Clear rules regarding conflicts of interest for government officials and employees are important means for protecting such policies from interference by private commercial entities. Payments, gifts and services, monetary or in-kind, and research funding offered by the private commercial entities can create conflicts of interest. 5) Require that information provided by the private commercial entities be transparent and accurate. To take effective measures preventing interference of the private commercial entities with public health policies, WHO and Member States need information about their activities and practices, thus ensuring that the private commercial entities operate in a transparent manner.

Page 5 of 5 Recommendation 4: Emphasize Member States are the key stakeholders in setting policy Member States are the key stakeholders in setting policy. This is particularly important considering the ineffectiveness of the private commercial entities self-regulatory and voluntary approaches. Statutory regulation is the only effective means of implementing many of the recommendations by the WHO. One critical challenge and risk associated with the WHO s engagement with non-state actors is the move by private commercial entities to only advocate for voluntary corporate agreements. Such agreements have serious limitations that render them ineffective in addressing public health concerns and are limited in terms of the rights they include and the sectors they cover. In addition, many corporations choose not to join any voluntary initiative, which limits both the scope and effectiveness of corporate self-regulation. For example, in the United States, several independent investigations determined that the voluntary Children s Food and Beverage Advertising Initiative has been ineffective and that a majority of participating transnational food corporations continues to market foods high in fat, sugar and salt directly to children. For example, 88 percent of the products that McDonald s deemed appropriate to market to children under a voluntary marketing scheme did not meet third-party nutrition standards. Conclusion: In conclusion, asks the WHO and Member States to adopt a set of guiding principles that safeguards against corporate conflicts of interest and prioritizes public health over private commercial interests. has four specific recommendations for WHO and Member States in engaging with non-state actors: 1. Address fundamental conflicts of interest (for example, use the precedents of Article 5.3 and its implementation guidelines of the WHO FCTC); 2. Emphasize interaction with public interest non-governmental organizations; 3. Manage engagement with non-state actors (for example, reject partnerships with and financial contributions from private commercial entities); and 4. Emphasize Member States are the key stakeholders in setting and implementing public health policies. once again thanks the WHO and Member States for the opportunity to submit these comments and is available to support the further development of the principles, policies and procedures to guide engagement with non-state actors. Contact: Gigi Kellett, Managing Campaigns Director, gkellett@stopcorporateabuse.org, +1 617-695-2525