Ratification by 40 countries is needed for the entry into force of the protocol, which also targets illegal tobacco manufacturing and contraband
Washington, D.C., 16 January 2014 (PAHO/WHO) — Nicaragua has become the first country in the world to ratify the Protocol to Eliminate Illicit Trade in Tobacco Products, part of the WHO Framework Convention on Tobacco Control (FCTC), the world's first international public health treaty.
The protocol, ratified by Nicaragua on 20 December 2013, seeks to eliminate all forms of illicit trade in tobacco products by requiring Parties to take measures to control the supply chain and to cooperate internationally on a wide range of related matters.
Five other countries in the Americas (Colombia, Costa Rica, Ecuador, Panama and Uruguay) have signed the protocol and are expected to ratify it soon. To enter into force, the protocol must be ratified by 40 countries worldwide. Nicaragua was the first country in the Americas to sign the protocol, on 10 January 2013.
"We sincerely applaud Nicaragua for its commitment to the fight against tobacco as evidenced by its ratification of this protocol to stop the illicit tobacco trade, which is a threat to public health," said Carissa F. Etienne, director of the Pan American Health Organization/World Health Organization (PAHO/WHO). "We do hope that Nicaragua's action will spur other countries to ratify the protocol, so that it can enter into force."
Some 10% of the global cigarette trade is believed to be illicit, although in some countries the proportion may exceed 50%. Illicit trade in tobacco products is a serious public health problem because it makes these products cheaper and more accessible, especially for more vulnerable population groups such as youths and low-income people. It also weakens tobacco control and leads to losses in public revenues through contraband.
The Protocol to Eliminate Illicit Trade in Tobacco Products, approved internationally in November 2012, is the first in a series of FCTC protocols that specify measures in key areas of action for tobacco control. Like the FCTC itself, the protocol has the status of an international treaty, requiring countries' signatures followed by their legislatures' ratification to make it law. The protocol is a milestone in the process of strengthening tobacco control worldwide and for international cooperation in public health law. The FCTC, in force since 2005, requires States Parties to apply a series of policies and measures aimed at reducing tobacco consumption and protecting people from secondhand smoke. Of 35 countries in the Americas, 29 have ratified the FCTC.
The protocol aims at eliminating all forms of illicit trade in tobacco products by requiring Parties to take measures to control the supply chain of tobacco products effectively and to cooperate internationally on a wide range of matters. The provisions about the supply chain of tobacco products comprise measures regarding licensing, due diligence, tracking and tracing, record-keeping, security and preventive measures, sale by Internet, telecommunication or any other evolving technology, free zones and international transit, and duty free sales. Other provisions of the protocol cover offences, such as unlawful conduct and criminal offences, seizure payments and disposal/destruction of confiscated products. In a third key area, the protocol covers international cooperation, including information sharing, assistance and cooperation, mutual administrative and legal assistance and extradition, reporting and exchange of information.
"The FCTC Secretariat wishes to assure your government that it can count on our support for activities related to this protocol," wrote Haik Nikogosian, chief of the WHO FCTC Secretariat, in a Jan. 9 letter to Nicaragua's minister of health, Sonia Castro González. "No doubt this ratification by Nicaragua will stimulate the process leading to its entry into force. I would like to thank your Government for its leadership."
In the Americas, 16% of deaths among people 30 and older are attributable to tobacco, according to the WHO Global Report: Mortality attributable to tobacco, 2012. Together with Europe, the Americas have the highest percentage of deaths attributable to tobacco, well over the global average of 12%.
Tobacco is the only legal consumer product that kills when used exactly as intended by the manufacturer. Half of smokers will die from a disease caused by tobacco, and on average will lose 10 years of life.
PAHO, founded in 1902, is the oldest international public health organization in the world. It works with its member countries to improve the health and the quality of life of the people of the Americas. It serves as the Regional Office for the Americas of WHO and is part of the Inter-American system.
