Framework Convention on Tobacco Control does not advocate industry exclusion from regulatory process

Dear Editor,

There has been in recent times a lot of discussion regarding the government’s stated intention to institute legislation in the form of a Tobacco Bill. Let me from the outset state that Demtoco is not opposed to Tobacco Control Regulations.

I want to specifically address the notion, particularly to all parliamentarians in relation to the erroneous view being advanced by the Minister of Health that Tobacco companies based on the Framework Convention on Tobacco Control (FCTC) to which Guyana is a signatory, should be excluded from the consultation process.

We would also like to state, that contrary to the Minister’s recent reported remarks, the FCTC does not advocate industry exclusion from the regulatory process or from engagement with those authorities tasked with regulating the tobacco industry. Moreover, such exclusion is contrary to the better regulation principles of the United Nations that recommend the inclusion of all stakeholders in any regulatory process. Additionally, we need to also make it very clear that the WHO Guidelines for the implementation of Article 5.3 are not binding. The truth is, these Guidelines do not mandate a complete exclusion of the legitimate tobacco industry.

Demtoco believes that good regulatory practice (and resulting sensible tobacco control policy) is achieved when industry, other key stakeholders, and government collaborate in a transparent manner. We therefore support regulation that mandates transparency and accountability, of all meetings and interaction between governments and stakeholders. This process we believe, will serve to protect all parties from allegations of impropriety, and ensure the integrity of the regulatory process.

We wish to therefore reiterate that the company will continue to vigorously defend our right to freedom of expression, to petition governments on policy matters, to protection of intellectual property, and to due process. We maintain that the rule of law and the principles of necessity and proportionality serve the public interest and should apply to all industries and government measures alike. As such, we will continue to engage openly and transparently with the Government on new and upcoming legislation, and seek to inform all relevant stakeholders on our legitimately held views in relation to corporate and regulatory issues.

We are committed to continuing to protect the right as a company to engage with key policy makers in ensuring that policy decisions are taken in a balanced way. We also take this opportunity to urge all Parliamentarians to properly review the proposed legislation and to ensure that your views are heard in ultimately passing a law that is balanced and fair.

 

Yours faithfully,

Maurlaine Argyle Kirton

Managing Director

Demtoco