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Art 5.3 Guidelines: Enforcement

Guidelines for implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control

Protection of public health policies with respect to tobacco control from commercial and other vested interests of the tobacco industry

 

Enforcement and monitoring

Enforcement

Parties should put in place enforcement mechanisms or, to the extent possible, use existing   enforcement   mechanisms   to meet their obligations   under   Article 5.3 of the Convention and these guidelines.

 

Monitoring implementation of Article 5.3 of the Convention and of these guidelines

Monitoring implementation of Article 5.3 of the Convention and of these guidelines is essential for ensuring the introduction and implementation of efficient tobacco control policies. This should also involve monitoring the tobacco industry, for which existing models and resources should be used, such as the database on tobacco industry monitoring of the WHO Tobacco Free Initiative.

Nongovernmental organizations and other members of civil society not affiliated with the tobacco industry could play an essential role in monitoring the activities of the tobacco industry.

Codes of conduct or staff regulations for all branches of governments should include a “whistleblower function”, with adequate protection of whistleblowers. In addition, Parties should be encouraged to use and enforce mechanisms to ensure compliance with these guidelines, such as the possibility of bringing an action to court, and to use complaint procedures such as an ombudsman system.