Nigeria, others criticize attempts to smuggle loopholes into WHO tobacco treaty

-Philip Morris International, British American Tobacco fingered

Non governmental organizations from across the globe, including Nigeria, on the platform of Corporate Accountability International and the Network for Accountability of Tobacco Transnationals (NATT) have released an exposé highlighting new tobacco industry tactics to undermine the implementation of the World Health Organisation Framework Convention on Tobacco Control (WHO FCTC).

The report comes at the midpoint of an eight-day negotiating meeting on a protocol to the WHO FCTC on illicit tobacco trade in Geneva, Switzerland, which commenced June 28, 2009, where tobacco giants such as Philip Morris International (PMI), British American Tobacco (BAT) and Japan Tobacco (JT) have a strong presence.

The document, produced by Corporate Accountability International and NATT, also criticizes FCTC Parties such as Lebanon and the Philippines for collaborating with tobacco corporations and falling short of commitments under the treaty.

FCTC Article 5.3 obligates treaty Parties to “protect [public health] policies from commercial and other vested interests of the tobacco industry in accordance with national law.” Guidelines for the implementation of this measure were adopted at the third Conference of Parties (COP3) last November in Durban, South Africa.

“In Durban, ratifying countries unanimously adopted rigorous guidelines to protect public health policy against tobacco industry interference,” explains Kathryn Mulvey, International Policy Director for Corporate Accountability International. “Now, the tobacco industry is trying to get governments to ignore their obligations under the treaty and make exceptions to these new rules. We urge the international community to reject the tobacco industry’s attempts to subvert the FCTC and derail the illicit trade protocol.”

“The heavy presence of the tobacco industry at the current negotiations and their surreptitious attempts to manipulate discussions on solutions to the illicit trade runs contrary to Article 5.3 provisions which discourage any form of cooperation between ratifying parties and the tobacco industry,” said Akinbode Oluwafemi, programme manager, Environmental Rights Action, and spokesperson of NATT.

The tobacco corporations and civil society do seem to agree about one thing: the protocol on illicit trade is precedent-setting. This is the first high-profile tobacco control issue to be taken on at the global level since last November, when three sets of implementation guidelines were adopted – on banning tobacco advertising, promotion and sponsorship; effective warning labels; and protecting against tobacco industry interference.

NGOs are calling on treaty Parties to follow through on their commitments. Meanwhile the tobacco lobby is present and visible at this week’s negotiations in full force, seeking to influence the content of the protocol to its own advantage and chip away at the safeguards of Article 5.3.

PMI has invited delegates to attend private meetings at the Intercontinental Hotel throughout the week. In contrast to the previous two negotiating sessions, this week the public gallery has been packed full of tobacco industry lobbyists. On Monday there were more than forty people in the gallery. Twenty-three of the twenty-eight people willing to identify themselves were from the tobacco industry, including twelve from BAT, seven from JT, one from Imperial Tobacco, and one from the Tobacco Institute of South Africa.

The Article 5.3 guidelines begin with the principle that ‘There is a fundamental and irreconcilable conflict between the tobacco industry’s interests and public health policy interests” (Principle 1) and urge Parties to avoid conflicts of interest for government officials and employees (Recommendation 4). Yet PMI reports meeting with 2,800 government agencies and 8,000 government employees to promote its system for tracking and tracing cigarette products.

Article 5.3 guidelines instruct ratifying countries to “Establish measures to limit interactions with the tobacco industry and ensure the transparency of those interactions that occur”. But last month Lebanon played host to BAT’s two-day conference on illicit trade, where Lebanese Minister of Finance Dr. Mohammed Shateh and other high-level public officials from the region reportedly met with BAT behind closed doors to discuss taxes, smuggling and other policy issues.

The guidelines also recommend that treaty Parties, “Reject partnerships and non-binding or non-enforceable agreements with the tobacco industry”. But last month Philippines customs authorities signed a Memorandum of Understanding with Philip Morris Philippines, through which the corporation will presumably gain access to law enforcement personnel and customs data. (This is the same corporation that was accused by Thailand two years ago of exploiting customs procedures and evading taxes by understating the value of exports.)

View the full report:

Clearing the Smoke-Filled Room: An Exposé on How the Tobacco Industry Attempts to Undermine the Global Tobacco Treaty and the Illicit Trade Protocol online.

Nigeria: Let's Emulate America On Tobacco

Kingsley Ogbuji

29 June 2009

Opinion

Lagos — Recently the United States Senate in an almost unanimous vote passed a legislation that gives the Food and Drug Administration the authority to regulate tobacco products as well as monitor its production, marketing and distribution.

In response to this historic feat, the President of the United States of America, Barrack Obama said, "it will make history by giving the scientists and medial experts at the FDA the power to take sensible steps that will reduce tobacco's harmful effects and prevent tobacco companies from marketing their products to children." The bill which passed on a vote of 79-17 has the full backing of the American Cancer Society and the American Heart Association which have been on the fight for such a legislation for the past 15 years. Eventually, all the efforts at reducing the nicotine level in tobacco products have paid off with the passage of this bill.

According to Gregg Haifley, a Senior Associate of Federal Relations at the American Cancer Society's Cancer Action Network, "this is an historic piece of public health legislation that will rein in a rogue industry that has basically operated unfettered in its production and marketing of poisonous deadly products." The bill also requires manufacturers of tobacco products to register with the FDA and provide the FDA with a comprehensive, detailed list of all their products.

What is strikingly startling is the fact that more than 400,000 Americans die from tobacco-related diseases annually. Although we may not have accurate statistics on how many people die from it in Nigeria, I know, the situation in Nigeria is no less disturbing than the situation in America hence the need and urgency to do without delay, what the American congress has done.

Nigeria does not have the capacity in terms of health facilities to tackle adequately the menace posed by tobacco consumption and must save her ignorant smoker-citizens the pain of untimely death and cancer this product causes. The whole word is moving on the fast lane of checking and curbing avoidable deaths and we must not be left behind. There must be a vigorous campaign to sensitize the public on the dangers of smoking and consumption of other tobacco products and it is high time the government intervened in regulating the nicotine level of tobacco products manufactured in Nigeria or imported into Nigeria.

Now that the American Congress has taken this bold stop, tobacco manufacturers will begin to shift their market targets to the Third World countries an the only way to check the infiltration of our country with unwholesome tobacco products rejected in America is to adopt a similar measure.

Kingsley Ogbuji
Texas, USA

FG Bans Fresh Investment in Tobacco

By Paul Ibe

The Federal Government may have banned fresh investments in the tobacco and allied industry. Smoking and the pervasive use of tobacco products is a risk factor for several diseases and has been increasing in many developing countries. In 2000, 4·83 million of premature deaths in the world were attributable to smoking with 2·41 million occuring in developing countries and 2·43 million in industrialised countries.

Executive Secretary and CEO of the Nigerian Investment Promotion Commission (NIPC), Mustafa Bello, made this disclosure at the just concluded 2nd Nigeria-Japan Business and Investment Forum, which took place in the cities of Osaka and Tokyo. Bello, had in response to an inquiry from a prospective Japanese investor, said that the Federal Government in line with global efforts at stemming the use of tobacco products and isolating manufacturers of the product may not be well disposed to fresh investments in that sector.

He said that it is only the Federal Executive Council (FEC) that can review this policy and make exceptions if a case is brought to its attention.

"Right now, the Nigerian government working in line with global efforts at discouraging the use of cigarettes and tobacco related products, would not be willing to entertain any fresh investments in the tobacco industry sub-sector," he said.The NIPC Executive Secretary urged the investor and others engaged in doing business in this sector to consider investments in other sectors of the Nigerian economy.

He said that Nigeria is a preferred investment destination because of the current administration's commitment to the rule of law, empowerment of the private sector, commitment to creating enabling business environment and its low external debt estimated as at February this year to be $3.5 billion.

SOURCE

OYO STATE WINS AGAINST TOBACCO GIANTS

Justice A.O Boade of the Oyo State High Court has thrown out an application brought before it by Phillip Morris International in the ongoing multi million dollar tobacco suit instituted against five tobacco companies by Oyo State government in 2007, saying the application does not have any merit.










THE NATION
MONDAY, JUNE 29, 2009.
Page 16.

ERA HAILS US TOBACCO BILL, URGES SENATE TO FOLLOW SUIT

The Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN) has praised the United States government for passing a new tobacco control bill into law as it called on the National Assembly to expedite action on the National Tobacco Control Bill 2009, currently before the Senate Committee on Health .

President Barrack Obama has signed into law the new bill which empowers the US Food and Drug Administration (FDA) to exercise a large degree or regulation and control over manufacture, processing and sale of tobacco products in the US. The law empowers the FDA to limit nicotine levels, limit the use of flavours, restrict advertising in publications targeting young people, and banning outdoor tobacco advertising within 300metres radius of schools, among others.

It also requires tobacco companies to get FDA approval for new products and banned terms such as "light" or "mild" in tobacco packaging which imply a smaller risk to health, and introduce graphic new health warnings of packets.

ERA/FoEN, in a press statement in Lagos, said that with the Nigerian government no longer have any excuse not to immediately begin the implementation of the Framework Convention on Tobacco Control (FCTC) which it ratified in October 2005.

Programme Manager, Akinbode Oluwafemi, said the National Assembly should take a cue from last week’s signing into law of a major tobacco bill by President Barrack Obama and expedite works on the national Tobacco Control Bill and the lives of millions of Nigerians especially young children.

Oluwafemi said: “ It has become imperative for Nigeria to follow the good example of progressive countries all over the world as just demonstrated by United States President Barrack Obama in passing a strong tobacco control law that would protect Nigerians both smoker and non smokers alike.

“Governments across the world are taking effective measures to protect the health of citizens from corporations reckless desire for profits. Nigeria must act now,” he added.

The Nigeria Tobacco Control Bill sponsored by Senator Olorunnibe Mammora has passed the second reading in the senate. While referring the bill to the Senate committee on Health, Senate President, David Mark had admonished members to resist lobbying from tobacco industry. He said the Senate owe it a duty to the public health of Nigerians to pass the bill in two weeks .The bill when passed will help save lives of millions of Nigerians who may die from a tobacco related disease.

The bill seeks to ban tobacco advertising, selling cigarettes in single sticks, selling cigarettes within 1,000 meters radius of any school or playground, prohibition of smoking in public places and graphic warnings on cigarettes packs among others.

Court to rule on BAT objection July 3

JUSTICE Bukola Adebiyi of the Lagos High Court, Igbosere, has fixed July 3, 2009 to rule on preliminary objections filed by British America Tobacco (Investment) Limited and Philip Morris International on whether they could be sued by the Lagos State Government and Environmental Right Action (ERA).



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WNTD 2009 - Photos To The Rescue

IN THE NEWS.

Environmental Right Action

marks World No Tobacco Day with gory photograpgs that will convince die-hard smokers that the habit is an unneccessary invitation to death.