Strengthening legal capacities to combat tobacco in Africa

The World Health Organization for the African Region (WHO AFRO) is strengthening its legal cooperation efforts to support countries in implementing tobacco control policies. Through a long-term partnership with the McCabe Centre for Law and Cancer, a new workshop held in Melbourne in March 2026 helped build the skills of legal and public health professionals to address the growing challenges posed by the tobacco industry and new nicotine products.[1]. This initiative is part of a broader dynamic aimed at supporting countries in the effective implementation of the WHO Framework Convention on Tobacco Control (FCTC) and strengthening their capacity to resist litigation and industry interference strategies.

The WHO Framework Convention on Tobacco Control explicitly rests on a principle of cooperation between Parties, in order to promote the sharing of expertise, the transfer of skills, and the strengthening of national capacities. This cooperation is a key lever for ensuring the effectiveness of tobacco control policies, particularly in complex areas such as the development of robust legal frameworks, their implementation, and their defense against legal challenges brought by tobacco manufacturers. It also allows for the sharing of experiences and the dissemination of best practices, contributing to a more consistent and ambitious application of the Convention's provisions.

Limited legal capacities requiring structured international support

In many African countries, ministries of health do not always have sufficient legal resources to develop and, above all, defend complex regulations against industry players with considerable resources. The tobacco industry, in fact, employs litigation strategies, as well as threats of legal action based primarily on commercial or investment law, to discourage the adoption of ambitious public health measures.

In this context, the lack of specialized legal capacity is a major obstacle to the effective implementation of the policies foreseen by the FCTC. Strengthening this capacity therefore appears essential to securing regulatory frameworks, anticipating litigation risks, and guaranteeing States' ability to act in the interest of public health.

Faced with these challenges, several cooperation initiatives have been developed to support States. Led by international organizations and civil society actors, they are based in particular on structured mechanisms such as the consortium coordinated by Campaign for Tobacco-Free Kids, to which the National Committee Against Smoking (CNCT) contributed by providing its expertise in technical and legal assistance, as well as on the actions of the McCabe Centre for Law and Cancer.

This cooperation takes complementary forms, including the training of legal professionals, direct assistance to governments, the analysis of draft legislation, and support in litigation. It allows for the adaptation of support to the specific needs of countries while fostering the gradual development of national expertise. By contributing to the dissemination of international standards stemming from the FCTC, particularly regarding protection against tobacco industry interference (Article 5.3) and the latter's liability (Article 19), these mechanisms strengthen States' capacity to develop, implement, and defend their public health policies.

Increased complexity linked to new nicotine products

The emergence and rapid spread of new tobacco and nicotine products, such as e-cigarettes, nicotine pouches or beads, and heated tobacco products, are exacerbating the legal challenges facing states. These products operate within regulatory frameworks that are often inadequate, unsuitable, or even nonexistent, and are the subject of active circumvention strategies by the tobacco industry.

African countries appear particularly vulnerable to these dynamics. The industry there deploys aggressive commercial and influence strategies, targeting especially young people, by massively introducing these new products alongside traditional tobacco products. This widespread adoption is accompanied by sustained marketing, particularly on digital channels, where promotional activities more easily evade regulatory controls and monitoring mechanisms.

In this context, the increasing complexity of products and industrial strategies reinforces the need for legal expertise, both to classify these new products in light of existing law and to regulate their marketing and promotion.

The McCabe Centre example: operational and targeted cooperation

The partnership between WHO AFRO and the McCabe Centre for Law and Cancer concretely illustrates the benefits of this legal cooperation. Since 2014, it has enabled the training of some fifty African lawyers, mobilized to support governments in the implementation of the FCTC, particularly on issues related to the responsibility of the tobacco industry.

The workshop held in Melbourne from March 23 to 27, 2026, was part of this capacity-building initiative. Bringing together legal and public health professionals from several countries, it provided an in-person working environment that fostered a practical and interactive approach to the legal issues related to tobacco control. Participants worked on complex and emerging problems through thematic sessions co-facilitated by legal and public health experts from WHO Africa.

The work focused in particular on the implementation of key provisions of the FCTC, especially Article 5.3 concerning the protection of public policies against interference from the tobacco industry, as well as on legal responses to litigation strategies. The pedagogical approach, based on case studies, simulations, and peer discussions, aims to strengthen participants' ability to effectively utilize legal tools within their national contexts.

©Generation Without Tobacco

AE

[1] Press release, WHO AFRO Strengthens Legal Capacity for Tobacco Control Through Advanced Training Partnership with McCabe Center, WHO Afro, published March 30, 2026, accessed April 1, 2026