Anees Jillani, lawyer from Pakistan

In May 1981, the WHA (World Health Assembly) passed the International Code of Marketing of BMS (Breastmilk Substitutes) as a compromise document. It is not binding on any country, and thus can only be regarded as a model or a standard for the world community. In any event, it has immense loopholes for the Industry associated with BMS to exploit.

It is SPARC's (Society for the Protection of the Rights of the Child) opinion, and opinion of lots of other like- minded individuals & organizations, that the Code has outlived its utility. The Code has served its purpose as it has succeeded in at least achieving some kind of voluntary compliance by the Industry. Something is better than nothing. However it is about time that everyone interested in the issue of marketing of BMS should get away from the Code; and initiate work on a CONVENTION ON THE MARKETING OF BREASTMILK SUBSTITUTES.

We all know that Int. Conventions are binding on the states that sign & ratify them; if the ratified states do not comply then they can be penalized under the Convention provisions: even sanctions can be imposed against them.

An initiative, therefore, should be launched in this regard by countries that are committed to the issue. Keeping in mind the history of stand that various countries have taken on this issue, perhaps it would be best if it comes from the African & Latin American countries.

As for the question that the international environment is not conducive to such a Convention, let us be clear that it will never be. There will always be problems. So sooner we start the better.

With regard to the reasoning that this suggestion may not be practical, & that it is preferable to introduce domestic legislation rather than work on this, it is sufficient to say that firstly we all have been trying this option for the past 15 years but so far only 18 countries have adopted this route; secondly there is nothing stopping us from going for both the options, i.e., going for domestic legislation & also for the International Convention. Thirdly once Convention is on the international scene, activists all over the world can pressurize their governments to sign & ratify it.

It took ten years for the Convention on the Rights of the Child to be drafted. It will, & should, not take us that long. We have the Model legislation prepared by ICDC; & the SAARC Code passed by the SAARC countries to base at least the first draft of the Convention. 

Anyone interested can contact SPARC