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Addressing the harmful use of alcohol - WHO Western Pacific Region

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10. Implementation<br />

Public interest groups, local community leaders and local agencies such as police contribute<br />

to <strong>the</strong> policy-making process in many countries at an early stage. They can <strong>of</strong>fer information,<br />

insights and practical suggestions that can assist in <strong>the</strong> design and implementation <strong>of</strong> effective<br />

legislation and enforcement. Nongovernment organizations and communities play a valuable<br />

role in maintaining compliance with <strong>alcohol</strong> and licensing laws at <strong>the</strong> local level, increasing<br />

regulatory efficiency (Braithwaite 1993). In many countries this includes a formal role for local<br />

groups and individuals through a public objections process in licensing and licence renewal<br />

procedures. Alcohol retailers, producers, importers and <strong>the</strong> hospitality sector, as well as <strong>the</strong><br />

advertising and media industries, are also interested parties in <strong>the</strong> <strong>alcohol</strong> policies covered<br />

by this guide. Early information exchange with industry can be helpful. Issues for discussion<br />

may include industry’s ability to comply, appropriate time-frames and transition periods, and<br />

fair administrative, enforcement and appeal procedures.<br />

Caution is advisable, however, in regard to industry’s role in <strong>the</strong> development <strong>of</strong> <strong>alcohol</strong><br />

policy. There is a conflict <strong>of</strong> interest between <strong>the</strong>se industries’ obligations to shareholders<br />

and policies that restrict <strong>alcohol</strong> affordability, availability, marketing and consumption in <strong>the</strong><br />

interests <strong>of</strong> public health.<br />

For this reason, a <strong>WHO</strong> Expert Committee has spelled out a role for <strong>the</strong> <strong>alcohol</strong> industry in<br />

<strong>WHO</strong> consultation processes that is equally appropriate to policy consultations by member<br />

governments. The committee recommended:<br />

... that <strong>WHO</strong> continue its practice <strong>of</strong> no collaboration with <strong>the</strong> various sectors <strong>of</strong> <strong>the</strong><br />

<strong>alcohol</strong> industry. Any interaction should be confined to discussion <strong>of</strong> <strong>the</strong> contribution<br />

<strong>the</strong> <strong>alcohol</strong> industry can make to <strong>the</strong> reduction <strong>of</strong> <strong>alcohol</strong>-related harm only in <strong>the</strong><br />

context <strong>of</strong> <strong>the</strong>ir roles as producers, distributors and marketers <strong>of</strong> <strong>alcohol</strong>, and not in<br />

terms <strong>of</strong> <strong>alcohol</strong> policy development or health promotion (<strong>WHO</strong> Expert Committee<br />

2006).<br />

Constitutions and legal systems<br />

It is important to consider <strong>the</strong> (written or unwritten) constitution <strong>of</strong> <strong>the</strong> country for which <strong>alcohol</strong><br />

control legislation is being contemplated before adopting provisions set out in this guide.<br />

Opponents <strong>of</strong> <strong>alcohol</strong> control legislation may attempt to <strong>use</strong> <strong>the</strong> constitution or Bill <strong>of</strong> Rights <strong>of</strong><br />

<strong>the</strong> country to argue that <strong>the</strong> legislative proposals are inappropriate and unconstitutional. This<br />

is a standard tactic <strong>use</strong>d by opponents to <strong>alcohol</strong> and tobacco control measures.<br />

Most constitution’s guarantee certain fundamental rights and freedoms. Usually included will<br />

be <strong>the</strong> right to freedom <strong>of</strong> speech and expression. Opponents to <strong>alcohol</strong> control legislation will<br />

Return to TOC<br />

103

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