Final publication published 2024. Supporting member states in reaching informed decision-making on engaging with private sector entities for the prevention and control of noncommunicable diseases: a practical tool. World Health Organization. https://iris.who.int/handle/10665/378209. License: CC BY-NC-SA 3.0 IGO
IBFAN and many other NGOs commented on this document over several years. Our main concern was that Tool should not focus on increasing Private Sector engagement, but should alert Member States to their obligations and duty to protect health through legally enforceable measures to hold companies accountable for their actions. While we would have like the tool to go further, a substantial number of our comments have been included. For policy makers who believe that ‘engagement’ or ‘partnership’ with corporations on NCDs prevention is a good way forward – the safeguards and checklists may be useful in flagging up the risks of doing so.
Note to users.
- A private sector entity formally excluded from engaging with the government should not be considered for engagements in the prevention and control of NCDs and may be classified as being in no alignment with public health.
- A private sector entity producing and/or commercializing products and/or services that contribute to (i) the prevalence of modifiable behavioural risk factors such as tobacco use, physical inactivity, unhealthy diet, and harmful use of alcohol, and/or (ii) an adverse impact on the determinants of health, and/or a private sector entity whose goods, services or practices harm public health, is in no alignment with public health. Engagement with such entity must be limited to minimal, publicly transparent consultations to support the implementation of a public health policy or regulation.
- If public health policies could be perceived to reduce demand for the goods and/or services of the private sector actor, governments should be aware of industry tactics to stop, delay or weaken such policies. In this case, health authorities may classify the private sector entity as being in no alignment or limited alignment with public health.
Page 10: Reaching a decision on whether, at what stage and on what terms to enter into an engagement with a private sector entity should be based on a systematic assessment and analysis of critical aspects of the potential engagement using the best available information. The tool offers a methodology for evidence-informed decision-making, following a three-phase process
WHO developed the Decision-making tool for the consideration of Member States in order to guide them through making informed decisions before engaging with private sector entities for the prevention and control of NCDs. This tool offers a systematic methodology for assessing, analysing and reaching a decision on whether or not to engage with private sector entities to complement or enhance efforts of the public sector in addressing the prevention and control of NCDs. The guidance provided in this document is expected to support Member States in analysing critical elements for decision- making when considering collaboration with private sector entities or where governments are required to engage with industry in the policy process for measures designed to prevent and control NCDs.
The Decision-making tool promotes a principles-based approach in engagements with private sector entities so that credibility, integrity and sound government processes are ensured and protected. This is intended to safeguard public health and their beneficiaries from any unintended adverse social, economic and environmental impacts arising from business practices, products or services. Health authorities are recommended to consider the following three core principles that guide engagements with private sector entities:
Due diligence is an information-gathering process initiated and supervised by an appropriate public sector entity combining a review of information – provided by the private sector entity and taken from independent and reliable sources on the private sector entity – to find and verify relevant evidence on the private sector entity’s nature and business conduct in order to reach a clear understanding of its profile. Due diligence should include screening of different sources of information guided by relevant rules and policies with explicit exclusionary criteria as a process of determining eligible and relevant partner attributes in order to identify potential opportunities for collaboration.
Industry interference refers to industry behaviours or practices that intentionally or unintentionally stop, delay or weaken the progress towards the achievement of national NCD goals and SDG target 3.4.1 These behaviours or practices may include: undermining science and evidence; manipulating and unduly influencing public opinion, including through engagement of media (including social media, sponsorships and support of social, cultural, sports or charitable events or causes), often under the cover of “corporate social responsibility”; using new technologies, marketing methods and strategies and other means to circumvent NCD policies and regulations (e.g. by framing to promote individual responsibility at the expense of regulation of health-harming products); mobilizing political and public opinion against NCD policies and regulations, including through lobbying and creating front groups or artificially created grassroots organizations or movements; and intimidating governments and advocates, including through actual or threatened legal challenges, political pressure or attempts to corrupt public officials [2].
- Private sector entities
- ○ Private sector entities are expected to act according to the terms of engagement with governments and health authorities in order to meet the targeted NCD results. They must not interfere with the health authorities’ integrity, impartiality and independence in exercising their functions of developing, monitoring and evaluating NCD goals, norms, policies and strategies. Private sector entities should contribute to achieving and implementing these goals, norms, policies and strategies, as appropriate.
- ○ Privatesectorentitiesareencouragedtoincreasetheirpositivehealthimpact,andtoreduce,preventand mitigate the negative health impact arising from their products, services and/or practices, as well as to promote the knowledge and application of global health norms and standards.Principle 3: Accountable and transparent governance
Any engagement should be anchored in an accountability framework that is defined in advance by the government. The framework should apply to all partners and should allow full transparency in the scope, roles, responsibilities, timelines, contributions and measurable outputs relating to public health, NCD goals, policies and strategies.