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Tobacco Industry Interference Index the Philippine Report on the Implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control

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Tobacco Industry Interference Index the Philippine Report on the Implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control Tobacco Industry Interference Index The Philippine Report on the Implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control HealthJustice, a non-stock, non-profit organization, was created to fulfill the vision of bridging the gap between public health and law through policy development and research. The organization is committed to be the leading resource in research and capacity building for priority public health policies. First published in Manila on September 2018 Copyright text © HealthJustice, Inc. Copyright original cover and p.3 photograph © World Health Organization Copyright pp.1-2 photograph © Reuters Typeset in Libre Franklin and PT Serif Permission to Reproduce Except as otherwise specifically stated, the information in this publication may be reproduced for non-commercial purposes, in part or in whole and by any means, without charge or further permission from the authors, provided that due diligence is exercised in ensuring the accuracy of the information reproduced; that the authors are identified as the source of the information; and that the reproduction is not presented as an official version of the information reproduced, nor as having been made in affilia- tion with or with the endorsement of HealthJustice, Inc. For more information, please visit www.healthjustice.ph. Acknowledgments This report is prepared by Atty. Irene Patricia Reyes with assistance from Mr. Melanio Mauricio III. It is designed and laid out by Ms. Pauline Marie Villar. HealthJustice would like to thank New Vois Association of the Philippinees (NVAP) for their comments on the report, and Southeast Asia Tobacco Control Alliance (SEATCA) for providing the tools, support, and guidance for this report. Contents Introduction 1 Methodology 2 Tobacco Industry Interference Index 3 Tobacco Industry Participation in Policy Development 4 Industry-Related CSR Activities 6 Benefits of the Tobacco Industry 6 Forms of Unnecessary Interaction 7 Transparency 8 Conflict of Interest 8 Preventive Measures 9 Recommendations 12 Tobacco Industry Interference Index The Philippine Report on the Implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control September 2018 Introduction The Philippines is a signatory to the Guidelines in 2008. The Guidelines pro- Framework Convention on Tobacco vide for 8 main recommendations with 34 Control (WHO FCTC). Article 5.3 of the sub-recommendations to governments to WHO FCTC imposes an obligation to the ensure that the industry is prevented from signatory states that when each state exerting its influence on public health establishes and implements their public policy. health policies with respect to tobacco control, the state shall act to protect While the tobacco industry has been the policies from commercial and other utilizing similar strategies around the vested interests of the tobacco industry world, there has been little effort to in accordance with national law. measure and compare the responses of the government or its ability to respond to these strategies. The purpose of the The Tobacco Industry Interference Index is to define the measures and Index intends to gauge the level of elements that contribute to the ability industry interference, as well as of the tobacco industry to interfere the responses or measures implemented with policymaking. The assessment by the government following could provide an indication of the Article 5.3 of the Framework government’s capacity to resist tobacco industry interference. Convention on Tobacco Control. Article 5.3 of the FCTC aims to protect public health policies from tobacco industry interference, which is a key in an effective tobacco control program. To give more clarity to the provision, the Parties to the FCTC unanimously adopted the Article 5.3 2018 Tobacco Industry Interference Philippine Index Report 1 Methodology This is the fifth report reviewing the The questionnaire for the report was implementation of the Philippines of updated in 2015 to quantify the intensity, Article 5.3 of the WHO FCTC based on the frequency, or severity of a given incident Tobacco Industry Interference Index. of interference by providing specific guides (assessment tools) on how to Covering incidents of tobacco industry assess specific situations. interference from January to December 2017, relevant evidence were gathered, The intent was to remove the subjectiv- reviewed, and scored based on the ques- ity by assigning a number, and put all tionnaire provided by Southeast Asia respondents/researchers on the same Tobacco Control Alliance (SEATCA). page when assigning a score. The scores Information sources for the research are ultimately compared with results were based on publicly available or com- from other countries. However, because monly known information. The research of the revision in scoring system, it may was limited to information sourced from not adequately capture the difference official websites, news reports, tobacco between the years. company reports, and anecdotal reports. The results were shared with a core group of tobacco control advocates for review. The report was revised based on the inputs gathered from the core group. The questions were based on the top twenty (20) most commonly reported in- cidents of tobacco industry interference in the Southeast Asian countries and referenced to specific recommendations in the Article 5.3 Guidelines. 2018 Tobacco Industry Interference Philippine Index Report 2 Tobacco Industry Interference Index The Philippine Report on the Implementation of Article 5.3 2018 ofTobacco the WHO Industry Framework Interference Convention Philippine on IndexTobacco Report Control 3 Tobacco Industry Participation in Policy Development Philippine Index Report The Tobacco Industry Interference Index The tobacco industry continues to is an attempt to define the measures and participate and exert influence in elements that contribute to the ability of tobacco control policy development the tobacco industry to interfere with public health policy making. The questions were and implementation. designed based on specific situations most applicable to the Southeast Asian nation’s bers of the Inter-agency Committee context that the Article 5.3 Guidelines seeks Tobacco (IACT), a committee tasked to to address.The questions are grouped into implement the provisions of Republic Act seven categories: (I) level of participation 9211 or the Tobacco Regulation Act and in policy development; (II) so-called CSR monitor compliance with Republic Act activities; (III) benefits to the tobacco 10643 or the Graphic Health Warnings industry; (IV) forms of unnecessary inter- Law. There are bills filed to amend RA action; (V) transparency; (VI) conflict of 9211 to remove PTI and NTA in in IACT. interest; and (VII) preventive measures. However, the bill is only at the Committee level in the House of Representatives, or Monitoring on an annual basis serves the first level of deliberation. to measure whether the Philippines is making progress, maintaining status In a committee hearing at the House of quo, or deteriorating when addressing Representatives held last September 13, tobacco industry interference. The scores 2017, during which amendment of RA 9211 are based on a particular indicator on was discussed, the Philippine Tobacco the level of industry responses and the Industry, an umbrella organization of responses of the government in address- tobacco companies in the Philippines, and ing them based on publicly available several tobacco companies were invited evidence. and attended the hearing. Even if they did not sit as resource persons during Tobacco Industry Participation in the meeting, they observed the proceed- Policy Development ings and spoke with several members of congress attending the hearing. Similar to previous years, the Philippine Tobacco Institute (PTI) and the National Members of the House of Representatives Tobacco Administration (NTA) are mem- backed House Bill 4144, a bill filed by Rep. 2018 Tobacco Industry Interference Philippine Index Report 4 Industry-Related CSR Activities Eugene de Vera, of ABS Partylist, propos- In 2017, the Philippines retained the ing to downgrade the current tobacco tax single-tier system for tobacco products, classification system back to two tiers. when the comprehensive tax reform law was passed last December 2017. However, This move serves to benefit the local it provided only marginal increases for tobacco company, Mighty Corporation. tobacco taxes, which was proposed last Several news reports stated that the bill minute despite calls from advocates for a was pushed by Mighty Corporation. The substantial increase of tobacco taxes. bill was approved on third and final read- ing in the Lower House and was trans- Industry-Related CSR Activities mitted to the Senate. However, a Senate version of the bill was not passed. The WHO FCTC and its Guidelines recom- Box 1. Tobacco Industry Participation in Policy Development Indicators 0 1 2 3 4 5 1 The government accepts, supports or endorses any X offer for assistance by or in collaboration with the tobacco industry in setting or implementing public health policies in relation to tobacco control (Rec 3.1) 2 The government accepts, supports or endorses X policies or legislation drafted by or in collaboration with the tobacco industry. (Rec 3.4) 3 The government allows or invites the tobacco industry X to sit in government interagency or multi-sectoral committee or advisory group body that sets public health policy. (Rec 4.8) 1 - Never;
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