Checklist: Signs of Success
Below are indicators of success in adopting policies consistent with the Article 5.3 Guidelines.
A. CODE OF CONDUCT
The code of conduct has been revised to prescribe the standards with which public ofﬁcials should comply with respect to possible dealings with the tobacco industry, including:
- avoiding interactions with the tobacco industry and limiting interactions with the tobacco industry only when and to the extent strictly necessary.
- ensuring transparency of all meetings, interactions with the tobacco industry.
- not allowing any ofﬁcial or employee of government or of any semi/quasi-governmental body to accept payments, gifts or services, monetary or in-kind, from the tobacco industry.
- not allowing such ofﬁcial to accept such contributions in behalf of government or private entities
- not endorsing, supporting, forming partnerships with or participate in activities of the tobacco industry.
- declaring any interests in the tobacco industry
B. ACCOUNTABILITY MEASURES
Government agencies have adopted policies to ensure that its ofﬁcials or employees are accountable for and do not approve any transactions that:
- Allow the granting of incentives to the tobacco industry
- Allow or tolerate partnerships with the tobacco industry
- Allow any person employed by the tobacco industry or any entity working to further its interests:
(a) To be a member of any government body, committee or advisory group that sets or implements tobacco control or public health policy.
(b) Serve on delegations to COP meetings, its subsidiary bodies or any other bodies established pursuant to COP decisions.
(c) To be awarded contracts for carrying out any work related to setting and implementing public health policies with respect to tobacco control.
C. DECLARATION OF INTERESTS
Government agencies or bodies with a role in setting and implementing public health policies with respect to tobacco control, are implementing a clear policy where their government personnel or public ofﬁcials, including applicants to such positions, are required to declare interests in the tobacco industry, speciﬁcally:
- To inform their institutions about any intention to engage in an occupational activity within the tobacco industry, whether gainful or not, within a speciﬁed period of time after leaving service.
- To declare any current or previous occupational activity with the tobacco industry whether gainful or not.
- To declare and divest themselves of direct interests in the tobacco industry.
The policy on disclosure and management of conﬂicts of interest extends to consultants and contractors.
D. ENFORCEMENT MEASURES
The Central Government Body in charge of overseeing the conduct of government personnel or implementing / enforcing provisions relating to the Code of Conduct as well as each government body adopting any of the above policies:
- Has provided adequate protection for whistleblowers.
- Is using enforcement mechanisms to ensure compliance with these policies, such as the bringing an action to court, and to use complaint procedures such as an ombudsman system.
- Has engaged the support of NGOs and other members of civil society not afﬁliated with the tobacco industry in the enforcement function.
E. SUSTAINED AWARENESS-RAISING EFFORTS
The government branch, agency or body continuously and consistently raises awareness of such codes and policies as well as:
- Informs and educates all government personnel about (a) the addictive and harmful nature of tobacco products, (b) the need to protect public health policies for tobacco control from commercial and other vested interests of the tobacco industry and (c) the strategies and tactics used by the tobacco industry.
- Raises awareness about the tobacco industry’s practice of using individuals, front groups and afﬁliated organizations to act, openly or covertly, on their behalf or to take action to further the interests of the tobacco industry.
- Ensures that all are informed and made aware of the true purpose and scope of activities described as socially responsible performed by the tobacco industry.
- Encourages government personnel to monitor, report and exchange knowledge among pertinent agencies with respect to tobacco industry practices.