The tobacco industry's activity is incompatible with the preservation of human rights

Several public health organizations submitted a contribution[1] to the European Commission's public consultation on human rights, with a focus on the harmful consequences of the tobacco industry's own activities on the environment, the right to health and many human rights issues. This contribution was co-signed by 70 anti-smoking and public health organisations.

On 27 January 2021, the European Parliament's Committee on Legal Affairs adopted a report calling on the European Union to legally require companies in their supply chains to protect human rights and the environment. The report urged the European Commission to impose such provisions on companies, their suppliers and subcontractors established or operating in the EU bloc.

The UN, NGOs and human rights experts have for many years stressed the human rights responsibilities of non-state actors, including private companies and multinationals. These same actors stress that the very activity of the tobacco industry is by its nature incompatible with respect for these rights.[2]. Tobacco use causes 8 million preventable premature deaths each year and is the leading common risk factor for noncommunicable diseases (NCDs). WHO Framework Convention on Tobacco Control (FCLAT) and the strengthening of its implementation are specifically mentioned as the main instrument and means to achieve the sustainable development goals (SDG), in terms of health, in its objective 3A.

The devastating effects of tobacco products on human rights and the environment

By producing, marketing and selling a deadly product, the tobacco industry, by its very activity, is violating the most basic rights of human beings. In addition to the fundamental right to life and the right to health, tobacco products seriously infringe on the rights of children.[3]. These violations also concern their protection against forced labour in tobacco production. Child labour in tobacco cultivation has thus been defined as one of the worst forms of child labour due to its harmful effects on their physical and mental health.[4]. Added to this are the proven and repeated practices of disinformation on the part of tobacco manufacturers, particularly in the context of their marketing operations. Tobacco manufacturers also infringe on women's rights through their activities.[5] and rights of vulnerable populations, such as the LGBT community, racial minorities and indigenous populations, targeted by tobacco companies in a more specific manner and who pay a heavy price among the victims of smoking.

The environmental impact of the tobacco industry's activities has been more specifically studied in a recent WHO study[6]. Each step in the tobacco supply chain requires considerable resources and results in the production of waste and CO2 emissions. Around 4.5 trillion cigarettes are thrown away worldwide each year, representing 80 million kg of tobacco waste. Cigarette butts, which are particularly toxic, are the most common type of waste on earth.[7]. They pollute groundwater and they impregnate soils with chemicals. The ecological footprint of tobacco is comparable to that of entire countries. Globally, the tobacco supply chain contributes about 84 Mt of CO2 equivalent in emissions. This corresponds to the cumulative carbon footprint of Denmark, Luxembourg, Latvia and Lithuania.[8].

Civil Society Efforts in Protecting Human Rights from Tobacco

Tobacco control stakeholders, since the negotiations of the FCTC treaty in the early 2000s, have been committed to addressing the fight against smoking from a human rights perspective. In 2017, when the manufacturer Philip Morris had contacted the Danish Institute for Human Rights, the latter concluded following its assessment of the company's activity that: "There is no doubt that the production and marketing of tobacco are irreconcilable with the human right to healthe "[9]. In other words, if Philip Morris wants to comply with human rights, the company must cease its activity. In 2018, the World Conference on Tobacco or Health (WCTOH) adopted the Cape Town Declaration on Human Rights and a Tobacco-Free World, supported by 165 organizations. This declaration was officially submitted to the Office of the High Commissioner for Human Rights. Similar declarations were adopted by civil society at conferences in Madrid and Bucharest[10].

In early 2020, an alliance of 10 civil society organisations submitted the report “Tobacco control in Germany: Failure to protect the right to health and women’s rights in supply chains”[11] to the United Nations Committee on the Elimination of Discrimination against Women (CEDAW). The report allowed human rights institutions to question the German government on its legislation and the provisions required to hold companies accountable for violations of women's rights in their operations abroad.

Civil society warns of the risks of exploitation of the tobacco industry's so-called "socially responsible" activities

Corporate social responsibility (CSR) is a key element of basic corporate obligations as companies must ensure that their suppliers also meet all CSR commitments. Tobacco companies are taking advantage of the growing public expectations in this area and have included CSR and sustainability discourse in their corporate strategies.[12]. In addition, all major tobacco multinationals fund the Foundation for the Elimination of Child Labor in Tobacco Farming, which aims to reduce poverty, free children from child labor, and support their education.[13].

The contribution of civil society to the European consultation aims to alert on what essentially appears to be an image policy and which risks being put forward by manufacturers to prevent the adoption of truly effective measures likely to reduce their violations of human rights. The activities described as "socially responsible" by the tobacco industry, aimed at promoting tobacco consumption, constitute a marketing and public relations strategy.[14] which falls within the definition of advertising, promotion and sponsorship of the FCTC. According to the WHO, the corporate social responsibility of the tobacco industry is an inherent contradiction, as the core functions of the industry are in conflict with the objectives of public health policies in tobacco control. Therefore, the authors who fear that this EU initiative aimed at businesses in general will be used by tobacco companies, recall that the Parties to the FCTC must protect their public health policy against the commercial interests of the tobacco industry.

Keywords: EU, CSR, Tobacco industry, FCTC, Human rights, due diligence

©Tobacco Free Generation

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[1] Van Kalmthout, Danielle, Kelsey Romeo-Stuppy, Laurent Huber, Sonja von Eichborn, and Claire Clément. Mandatory environmental and human rights due diligence. Tobacco Induced Diseases 19 no. March (2021): 19. doi:10.18332/tid/133750. [2] Toebes, Brigit. “Human Rights and the Tobacco Industry: An Unsuitable Alliance.” International journal of health policy and management vol. 7,7 677. 1 Jul. 2018, doi:10.15171/ijhpm.2018.03 [3] von Eichborn S, Mons U, Schaller K, et al. Children's Rights and Tobacco Control: The right to a tobacco-free world. Unfair tobacco, ed. January 2020 [4] International Labor Organization. C182 - Worst Forms of Child Labor Convention, 1999 (No. 182). [5] Submission to the UN Committee on the Elimination of Discrimination Against Women, Tobacco control in Germany: Failure to protect the right to health and women's rights in supply chains, 77th Pre-Sessional Working Group (2 March 2020 – 6 March 2020) [6] Zafeiridou M, Hopkinson NS, Voulvoulis N. Cigarette smoking: an assessment of tobacco's global environmental footprint across its entire supply chain, and policy strategies to reduce it. World Health Organization; 2018. [7] Root T. What's the world's most littered plastic item? Cigarette butts. National Geographic. August 9, 2019 [8] Greenhouse gases emissions by country. WorldData.info [9] Human Rights assessment in Philip Morris International, The Danish Institute for Human Rights, May 4, 2017 [10] Action on Smoking and Health. Bucharest Declaration on Human Rights and a Tobacco-Free Europe [11] Submission to the UN Committee on the Elimination of Discrimination Against Women, Tobacco control in Germany: Failure to protect the right to health and women's rights in supply chains, 77th Pre-Sessional Working Group (2 March 2020 – 6 March 2020) [12] Generation Without Tobacco, “Sustainability”: BAT’s new marketing argument, March 12, 2021, accessed March 26, 2021 [13] TobaccoTactics. Eliminating Child Labor in Tobacco-Growing Foundation (ECLT), last updated June 12, 2020, accessed March 26, 2021 [14] Generation Without Tobacco, The defense of human rights according to British American Tobacco, December 16, 2020, accessed March 26, 2021 National Committee Against Smoking |