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Government Action

The government can initiate action through the executive branch. This is an arena where changes are made through executive order, by changes in rules or administrative practices, and use of veto powers by elected executives.

Some government agencies under the executive branch are specifically mandated to “set” public health policies with respect to tobacco control. This primarily lies within the jurisdiction of the ministry of public health and related or similar bodies. In addition, government agencies with a specific role in tobacco control such as regulatory agencies are also in a position to impose more active measures such as requiring transparency from the tobacco industry or removing any privilege granted to the tobacco industry. Other government agencies contribute to tobacco control in varying levels and can adopt measures accordingly.

The government must also act through its legislature to enact or amend laws in order to fully implement Article 5.3 in accordance with its Guidelines.

The table below provides an illustration of the different measures appropriate for agencies that normally have a direct, indirect, or other role in contributing to tobacco control.

 

Agency Relationship/Example of measures
Ministry of Health DIRECT

  • “No interaction, partnership, contribution policy” applies
  • Disqualification due to tobacco industry relationship applies to all officials
  • Officials disallowed to engage with tobacco industry within a reasonable number of years after leaving government service
  • Strict monitoring and enforcement required, with high penalty for violations
  • Should be in charge of mandatory monitoring, enforcement and awareness raising programs
Police Department INDIRECT

  • “No interaction, partnership, contribution policy” applies
  • Disqualification due to tobacco industry relationship may be applied to ranking officials
  • Officials disallowed to engage with tobacco industry within a reasonable number of years after leaving police service
  • Must have integrated the “no tobacco industry interference policy” in their existing monitoring, enforcement and awareness raising programs
Department of Interior and Local Governments CENTRALIZED BODY

  • “No interaction, partnership, contribution policy” applies
  • Disqualifications may apply in some positions to ensure impartiality
  • Must have integrated the “no tobacco industry interference policy” in their existing monitoring, enforcement and awareness raising programs
Department of Fisheries REMOTE

  • “No interaction, partnership, contribution” policy applies
  • Disqualifications may not be applicable
  • Awareness raising programs may be extended by other competent agencies

Policies and Laws

Government action can take the form of adoption of policies. Inter-agency support is essential to ensure effective coordination and implementation.

Based on the Article 5.3 Recommendations, the government should adopt, among others, the following:

1. State Policies on:
(a) No partnership, contribution, or interaction with the tobacco industry
(b) No incentive to the tobacco industry
(c) No investment in the tobacco industry

2. Laws to regulate the tobacco industry:
(a) Mandatory disclosure of information by the tobacco industry
(b) Prohibition on publication of so-called CSR of the tobacco industry and other forms of advertising

Checklist: Government Action