Denmark, Iceland and Norway are implementing the provisions of Article 5.3 of the WHO FCTC Convention with a guideline for public servants. The document explicitly states that the rules also apply to members of parliament. The Dutch government has been complying with 5.3 since 2016, but here parliament does not want to commit itself.

By the web editors

Earlier this week, Denmark, Iceland and Norway launched a Joint Nordic Guidance for Public Officials on Interacting with the Tobacco Industry. The joint Nordic guide was adopted by the health ministers of the three countries and describes the obligations that Article 5.3 of the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC) imposes on government agencies and officials, with concrete examples and advice specifically tailored to the situation in the Nordic countries. The guide also explicitly mentions members of parliament and their assistants to whom the rules apply. The guide is intended as a framework for best practices in the implementation of these obligations, according to a message on the website of the Norwegian government. In addition, the three Scandinavian countries agree that the obligation under Article 5.3 should cover not only the tobacco industry, but also the nicotine industry.

Subversive industry

“Tobacco use remains a leading cause of preventable death and disability as well as social health inequalities in the Nordic countries, and in the recent years new harmful nicotine products have entered the Nordic markets,” states the Norwegian government’s message, to which in the Norwegian version is added: “For decades, the tobacco industry has acted with the aim of undermining the role of governments in developing and implementing public health policies to combat the tobacco epidemic.”

The guideline is the next step in the cooperation of all Scandinavian countries in the field of tobacco control, said Norwegian Health Minister Jan Christian Vestre. His colleague from the Interior and Health Sophie Løhde of Denmark calls it a ‘clear responsibility’ to protect children and young people from tobacco and other nicotine products. And Icelandic Health Minister Alma D. Möller points out the importance of health promotion and prevention at a time when the demand for healthcare is increasing and there is a shortage of healthcare personnel.

Policy development must be protected

“The Scandinavian governments and the tobacco industry pursue conflicting goals – there is a fundamental and irreconcilable conflict between the interests of the tobacco industry and the interests of the governments in the field of public health,” the news message in Norwegian states. Hence, government officials in the three countries are now urged to “only have contact with the tobacco industry when and to the extent strictly necessary for effective regulation and policy development.”

But policy development is precisely what the tobacco industry must be completely shielded from at all levels. After all, FCTC Article 5.3 obliges government officials to protect public health policy “from the commercial and other vested interests of the tobacco industry”. There should only be contact about the implementation of policies that have already been adopted, because every straw that is offered to the industry before will be seized upon to try to weaken planned measures.

Guideline also applies to members of parliament

The guideline describes exactly to whom the rules apply, namely all civil servants of ministries, public authorities or institutes, employees of embassies and consulates, and anyone who acts on behalf of the government, for example as a contractor or consultant.

The guideline also explicitly states that representatives of the people are also covered by the rules: “Moreover, if you are a Member of Parliament, their staff or an elected or appointed official on national, regional or local level, and are working with public health policies, this Guide is also pertinent for you.” (see the guide, p. 7)

Netherlands complies with 5.3 since 2016

In the Netherlands, a protocol for the interaction of government officials with the broad tobacco industry has been in force since the beginning of 2016, which in the Netherlands certainly includes the industry behind nicotine alternatives too. That protocol came about after the Youth Smoking Prevention Foundation started a lawsuit against the state about compliance with FCTC Article 5.3. As a rule, the Dutch government adheres well to the protocol, only parliament has so far not felt bound by the treaty provision. On that point, the Netherlands has now been overtaken by the three Scandinavian countries. Meanwhile, it remains to be seen how Denmark will deal with the candidacy for parliament of a Philip Morris communications director.

Read more in our article ‘Why the Netherlands scores so well on the Global Tobacco Index’.