Court adjourns Tobacco’s case

By Kolade Adeyemi

Kano High Court presided over by Justice Wada Rano has again adjourned the case between the Kano State Government and British American Tobacco (BAT)Company to October 28 for its adoption of addresses in application filed by the parties involved.

When the case came up for hearing last Thursday, the judge dismissed the request of the company (defendant) to amend everything they had already filed in adherence to the prayers of the plaintiff counsel, Mr. Babatunde Irukere.

Irukere had earlier challenged the prayer of the counsel for the defendant for an amendment of what they had earlier filed, arguing it would create delays and frustrate the process of justice. In his submission, the plaintiff counsel argued that, discussing the service of process for the past two and half years is still dragging the case backwards, pointing out that the court has shown in its ruling that in the interest of justice and urgency, the court should expedite action so that the merit of the case could be seen.

Earlier, counsel for the defendants, Phillip Morris International SA, Ebun Sofunde (SAN) argued that they were ready to move any application, but disagreed that there was a difference between resolve and hearing, which was the bone of contention.

The parties resolved to correspond all applications and process within 45 days to allow the proper hearing of the case which was adjourned to October 28.

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Big Tobacco Sets Its Sights on Africa

- Jeffrey Kluger

It's easy enough to buy a smoke at Isa Yakubu's grocery store on a busy street in Lagos, Nigeria. Never mind if you don't have much money. Most local merchants are happy to break open a pack and sell cigarettes one at a time — single sticks, as they're known — for about 10 Nigerian naira, or 7 cents. "St. Moritz is the most popular brand," says Yakubu. "But [people] also like Rothmans and Benson & Hedges."
Single sticks go fast at 7 cents each — an especially good price point for kids. And while Yakubu says he doesn't sell to children, other shopkeepers do. About 25% of teens — some as young as 13 — use tobacco in some parts of Nigeria, double the smoking rate of Nigerian men, and many pick up the habit by age 11. That's a demographic powder keg, one that means big trouble if you're a health expert and big promise if you're a tobacco executive. Both sides agree on one thing, though: across all of Africa, cigarettes are set for boom times. (See pictures of vintage pro-smoking propaganda.)
In recent years, the world has increasingly been cleaving into two zones: smoking and nonsmoking. In the U.S. and other developed countries, Big Tobacco is in retreat, chased to the curbs by a combination of lawsuits, smoking bans, rising taxes and advertising restrictions. Fewer than 20% of adult Americans now smoke — the lowest rate since reliable records have been kept — and a tobacco crackdown is under way in Europe, Canada and elsewhere. In April, Congress boosted federal cigarette taxes threefold, from 32 cents a pack to $1. In June, President Barack Obama signed a law giving the FDA the power to regulate cigarettes like any other food or drug.
But the West is not the world, and elsewhere smoking is exploding. In China, 350 million adults are hooked on tobacco, which means the country has more smokers than the U.S. has people. Smoking rates in Indonesia have quintupled since 1970. In Russia, boys as young as 10 start lighting up. This year, tobacco companies will produce more than 5 trillion cigarettes — or 830 for every person on the planet.
It's in Africa, however, that the battle for the hearts, minds and lungs of new smokers is being waged most aggressively — and Nigeria offers a telling look at how the fight is unfolding. For all the woes that beset the continent, Africa still enjoys the lowest smoking rates in the world, largely because most people just can't afford it. In Ghana, the male smoking rate (which in most places in the world is higher than the female rate) is only 8%; in the Democratic Republic of Congo, it's 14%; in Nigeria, it's 12%. Compare that with 31% in India, 56% in Malaysia and a whopping 61% in China. But the tobacco industry abhors a vacuum, and in recent years, industry players — principally London-based British American Tobacco, Switzerland- based Philip Morris International and the U.K.'s Imperial Tobacco — have been working hard to fill it. "We've done this before," says Allan Brandt, a professor of the history of science at Harvard University and the author of The Cigarette Century. "When something gets regulated here, we move the risk offshore." Says Michael Eriksen, a former policy adviser for the Centers for Disease Control and Prevention: "Africa is in play." (See how many people smoke around the world.)
Spreading the ScourgeBig Tobacco's footprint in Africa has been hard to miss for a while. British American markets its wares — which include Dunhill and Pall Mall — in a vast crescent sweeping from South Africa to Congo and west to Ghana, as well as throughout North Africa. In 2003 the company planted its stakes deeper, building a $150 million factory in Nigeria. Philip Morris, whose brands include Marlboro and Chesterfield, has a smaller presence on the continent. "We are a minor, minor player," says spokesman Greg Prager. But that could change. The company does no business in Nigeria, but it controls about 15% of the market across North Africa and has a scattered 10% share elsewhere. It has also built a new factory in Senegal.
That expansion increasingly happens through the single-stick model, and that's the traffic that causes the most worry. People who buy cigarettes by the stick are typically the poor, the uneducated or the young — all groups less likely to have learned of the perils of smoking. "[A single stick is] much more affordable, and for young people, it's easier to conceal," says Babatunde Irukera, an antismoking lawyer working with the Nigerian government.
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What's more, though British manufacturers, like American ones, put warnings on cigarette packs, the labels do no good if a pack is something you never see. Like other antismoking activists, Irukera believes industry actively promotes single-stick sales (which also occur in Asia, the Americas and elsewhere in the world). But the companies answer that the matter is out of their hands. Says British American spokeswoman Catherine Armstrong: "If retailers choose to break [packs] up and sell them one at a time — which I believe is very widespread across Africa — that's not something we have any involvement with." Still, the sticks are getting out, and the companies are cashing in. According to Emmanuel James-Odiase, an antitobacco counselor in Nigeria, more than 200 teens in his country begin smoking every day. (Read "Why a Tobacco Giant Backs a Tough New Antismoking Bill.")
Making it harder to contain those numbers is the fact that the same multinationals that are Africa's cigarette suppliers are also its benefactors. Tobacco companies have jumped into the corporate-social- responsibility game, doing all manner of benevolent work across Africa and Asia. In 2005, Philip Morris paid $5 billion to buy Indonesian cigarette-maker Sampoerna, a company that was already pouring money into scholarships for local students. British American does similar work in Malaysia, and in Nigeria has devoted 1% of its local profits to improving access to drinking water, health care and vaccines. That kind of largesse buys the companies a measure of indebtedness.
"It's hard to tell a village, 'You shouldn't accept these new wells or bicycles because it's from industry,' " says Stella Bialous, an adviser to the World Health Organization. "[But] when it comes time to pass regulatory things the company doesn't think reasonable, they can call in their chips. They have all these little groups dependent on their money."
In some cases, those "little groups" include the government. In 2007 the Nigerian Customs Service signed an agreement with British American to work jointly on curbing the unlicensed tobacco trade — which diverts profits from industry. The company courted the government two years earlier, with a three-day retreat at a local resort. "It's not the industry's job to be in charge of government policy," says Bialous.
But Nigeria and Africa as a whole are starting to push back. In 2003 the World Health Assembly adopted the Framework Convention on Tobacco Control, a treaty designed to attack smoking through a mix of methods including bans and tax hikes. So far, 164 countries have joined the pact, including 48 in Africa. The U.S. signed the treaty in 2004 but has yet to implement it, though the President is expected to seek Senate ratification soon, adding a very big player to the team.
If such antismoking strategies are to succeed, health experts warn that speed is essential. "The challenge for Africa is to adopt policies to reduce tobacco use before the epidemic sweeps across the continent," says Matthew Myers, president of the Campaign for Tobacco-Free Kids. To that end, Nigeria is taking a page from the West's playbook, filing a $45 billion damages suit against British American, Philip Morris and the domestic firm International Tobacco, alleging what Irukera calls a "clear strategy to market their products to young people." The tobacco companies deny the charge.
For all the efforts of the lawyers, doctors and treaty writers, it's at the grass roots that the fight against tobacco will be won. On a hot Friday afternoon not long ago, a group of students in blue-and-yellow uniforms gathered for a lecture at the Shepherd Secondary School in Ketu, a poor neighborhood in Lagos. "Have you seen anybody smoking on TV?" asks James-Odiase, the antitobacco counselor. The class nods, and one boy admits that he admires the way male actors look when they smoke. "With each puff he takes," the counselor warns, the actor's "life reduces by five seconds." The kids of Ketu — new to such things — gasp at that.
Later in the day, Salau Moshood, 17, reflects on what he's learned. "I heard today that smoking is not good, especially for children," he says. "My advice to the people is that they should stop." That advice may or may not be heeded, but health officials everywhere will count it as a win if Moshood himself and millions of other Africans never start.

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NIGERIA: A BILL FOR AN ACT TO AMEND TOBACCO CONTROL ACT

The Bill Seeks to repeal the Tobacco Control Act 1990 Cap. T16 Laws of the Fedaration and to Enact the National Tobacco Bill 2009 to provide for the regulation or Control of Production, Manufacture, Sale, Advertising, Promotion, and Sponsorship of Tobacco or Tobacco Product in Nigeria.

Child's Slavery in BAT's Farm

A new form of child labour is slowly emerging in Oyo state tobacco growing communities’
-Nigerian Compass investigation reveals.

By Seun Akioye

The day starts before cockcrow in Pa Adebisi Amusan’s household. Being the oldest and most prosperous tobacco farmer in Irawo Owode tobacco farming community in Oyo state, such early rising is hardly surprising. Nowadays, the old man hardly visits his vast expanse of tobacco plantation, according to him, he has paid his dues over the years and should sit back and enjoy. He scarcely remembers his age but remembered the first time tobacco was introduced to the community in commercial quantity (around 1939). However, the arduous task of overseeing the vast tobacco fields rests squarely on the shoulders of his grandchildren and other kids living under his tutelage.
At seven in the morning children in that household as well as many others in the village are awake. There is only one item on the agenda for each day and that is to report to the tobacco farms at seven to terminate in another twelve hours. Naturally the horde of children who doubled as tobacco farmers would meet somewhere along the way. In their midst and to also coordinate this crowd is Fatai Amusan. He is twenty years old and the most experienced farmer of the children.
“ This is how we work everyday. BAT (British American Tobacco), does not want us to leave the farm they want us to work here from 7:am to 7 :pm. That is strategic to come before the sun comes up and leave after it sets. Anytime some of their officials are here and they met nobody, there is always a complaint.” Fatai said when Nigerian Compass visited the tobacco farm.

Unlike other food crops, tobacco farming is no mean task; it involves endless weeding and painstaking application of skill and manpower for the leaves will survive. In the morning, the children are hard at work, either applying the necessary fertilizers or insecticide to the plants in the nursery or busy weeding and transplanting the plants from the nursery to the field. Another difficult aspect is the seemingly endless trip to the stream a few meters from the plantation. This is done by children under the age of ten years old who are too young to weed. One of the kids explained the process involved in the early stages of planting. “This is the most sensitive time and it requires a lot of efforts. What we do now will determine the quality of the leaves at the end and if the leaves are not of good quality, then you will never be able to pay your debts.”
Indeed it has become a common trend for tobacco farmers in the developing world to be highly indebted to the tobacco company. Amusan explained how his parent debts to BAT turned him into a farmer. “When BAT official come, they want to know if you are ready to start the business. Then they make available a form of loan for the seeds, the fertilizer and every other thing that you need. Sometimes we would have amassed about N250,000 debts even before we began to plant.”
This is the beginning of the cycle of poverty often experienced by tobacco farmers in the developing countries. Nigerian Compass gathered that determination of the prices of tobacco leaves does not come from the farmers but from BAT. “After each harvest, we will take the leaves to Ago Are where BAT has their warehouse and the officials would weigh what you have brought according to the quality of the leaves. Whatever you have will be deducted from the debts you have acquired and many times the balance would have to be paid through the next harvest” Amusan explained. But it is curious though that while the prices paid for the leaves always depreciate the prices of seedlings and other supplies from BAT always appreciates. “ our fathers have talked to the officials about this matter of low prices for the leaves, but BAT always tell them that things will improve soon” one of the kids said.
Instructively, trapped in an endless cycle with the debts , the farmers have no choice but to enlist the services of their children and none is excluded. “ I pay my children who work for me” Pa Amusan said. When asked how much the children earn on the tobacco fields, he looked up and pointed at an 11 year old “like this one, I can pay her N100.00 per day. It depends on how big they are , because that would tell how much they can work.”

But the children explained that the money is never the motivation for the work. “ Many of the boys you see on these farms are only helping their parents because many of them are old and cannot do the farm work alone. “ how will our parents feed us if they cannot pay their debts on the tobacco leaves and make money. Everybody has to sacrifice and that is why we have decided to help.”
It was a huge sacrifice. School work suffered. In a farming community that cannot boast of the best facilities for conducive learning, the children would have to split their time between the tobacco farms and the school. Some of the kids insist that they still attend the local school and have not dropped out completely. “We still go to school here. What we do is that we come here in the morning before school and return here after school.”
The challenge of the task the children face is telling. At the beginning of most planting season, they have to go in search of fertile land since most of the farming lands are barren. Every search takes them further away from the village. When a suitable land is found then the cultivation starts. After a successful transplant the bigger task of weeding and fumigation will start. “At that stage, it is most critical part. We have to continually weed the leaves; we cannot afford to be lazy about it because BAT will be angry. A mistake at this point will be costly. In fact they asked us to treat the leaves like a child. It is our first born.” Amusan said.
BAT has a long history of encouraging child labour on many of its farms in the developing world. In Malawi, for instance which is reputed as one of the poorest countries in the world has one of the biggest tobacco farming estates in African, child slavery is an everyday phenomenon. According to a study by the Centre for Tobacco Control Research and Education (CTCRE) based at the University of California, a minimum of 78,000 children are working on full or part term basis in the tobacco fields. According to a survey by CTCRE, 45% of the chid workers are between 10-14 years of age and 55% are 7-9 years old. It also said tobacco companies have received nearly $40 million in revenues over a period of four years from using unpaid child labourers.

How children became tobacco slaves in Malawi is instructive. The tobacco business is run like an estate. A rich landowner gets the deal from BAT and allocates land to tenant farmers to cultivate tobacco. The landowner provides seedlings and other logistics in loan which is deduced from the price of the leaves after harvest. More often, these tenant farmers have no profits after each harvest and in order to be able to achieve the basic necessity of life, children are dragged into the tobacco farms as unpaid labour.
Though the child labour situation in Nigeria is not yet up to the level of Malawi, there are disturbing scenarios to suggest Nigeria may not be too far from that brink. According to Amusa, the children are largely responsible for the farming of tobacco plants to the last stage of curing and packaging. When Nigerian Compass visited the farm the children were excited to show off their expertise at tobacco farming. Going through the rows of tender, young tobacco plants they explained how the leaves survive the initial weeks. “Come and look at this. We just reset this, we transplanted it from that point to this place which is the second planting place. Now, there is no evidence that it will survive, but after we have removed the shade and expose it to sun for two days ,then it will take root.”
After harvest, the children are also responsible for curing the leaves before they are sold to the tobacco company “ This is the barn where we cure. We lit the fire through that furnace and after about five minutes the heat becomes unbearable. It is not advisable to stay in this barn for more than five minutes but most times we have to do that.” Amusa explained.
Children are put at a particular risk because growing tobacco exposes them to damaging problems like pesticide exposure to nicotine poisoning. But are the children aware of the great danger they are exposed to farming tobacco leaves and the ultimate harm the end product causes. All replied in the negative. Also when asked if they knew that cigarettes were made from tobacco leaves Amusa replied. “That was our concern, but when we mentioned it to BAT we were told that was not true. BAT said there are over 100 products which were good for human consumption that the leaves are used for. BAT said they don’t produce cigarettes. But when you look at a dried tobacco leaf, you will see that it resembles what you normally see in cigarettes. We are very confused.”
BAT chairman, Jan du Plessis said the company is tackling child labour problems. “We work with farmers through our leaf growing programmes to try and eliminate child labour, we have established the pioneering Elimination of Child Labour in Tobacco growing Foundation in partnership with the International Tobacco Growers Association and the trades Unions in our sector.”
BAT also listed on its website “We are committed to the principles of protecting children from child labour exploitation, believing that their development- as well as that of their communities and countries- is best served through education, not child labour. We do not employ children in our operations.”
Managing Director of BAT Nigeria Nick Hales also once said at a conference “We insist that none of our farmers uses child labour at all. We actually held a conference on that in Abuja recently- if any farmer does use child labour, then he is no longer our farmer. We are a responsible company.
When contacted the Head of communication BAT Nigeria Aliyu Maaji, in an email response directed the reporter to his old interview in the media, preferring not to give any response. But Hales assertion fell flat when contrasted with the reality in the tobacco growing communities. Child labour is rampant and BAT officials knew about it. “ The officials always come here in the planting season, even the big man in the office, when we make mistake, they shout on us and threaten us. They do not want us to be lazy at all in the farm.” One of the child farmers said.
BAT has a long standing links to Nigeria. Its business presence dates back to around 1911. Its ties became closer when it signed a Memorandum of Understanding (MOU) with the Nigerian government to establish a $150 million cigarette manufacturing factory in Ibadan Oyo state.
The company enjoyed a period of prosperity until civil society groups began to campaign against its practices of marketing and targeting young people. In 2007, the Lagos state government and Environmental Rights Action/Friends of the Earth (ERA/FOE) in an unprecedented move instituted a cost recovery suit against the tobacco industry. The state was asking for reliefs mandating the company from marketing, advertising or selling tobacco products to youths. The state also want a ban on cigarette sales within 1000 metre radius of any school , hospital, playground, religious houses or anywhere that young people frequent. It also wants the company to pay punitive damages in excess of two billion naira.
Lagos state said it has received the result of a survey of eleven hospitals in the Lagos metropolis which indicates that at least two persons die each day from a tobacco related disease in Lagos hospital. The state also said in the year 2000 alone, there were 9527 reported cases of a tobacco related disease and the state has spent N216,000 every month on these diseases.’
Other states were to follow, Oyo, Kano, Gombe, and the Federal Government have all instituted different cost recovery suits all totalling about ten trillion naira. A year into the legal tussle however, none of the cases is yet to come to trial. BAbatunde Irukera is one of the lead counsels for the plaintiffs. He told Nigerian Compass “ As expected, the tobacco companies have hired the best lawyers around to defend them. They have come up with all manners of preliminary objections based on technicalities. Their ploy is to prevent the cases from getting to trial and waste as much time on it as possible. But we are undaunted, we knew tobacco industry will play this card, it is a well known ploy of the industry and we are in it. I can assure you that the cases will get to trials and then we will nail them.”
The tobacco industry has been succefully tried in the USA leading to one of the largest settlements in history. A $368.5 billion to be paid over 25 years, was that the incentive? Irukera said “ We have evidences from BAT documents that shows clear target ting of young people in Nigeria. There are places where references were made to ways of targeting young people. We believe and have evidences that the tobacco industry is targeting our young people, children between the age of 8 and 9 and if they can be stooped and made to pay for their errors in one part of the world why can’t they be stooped here as well, after all they are all children.”
Akinbode Oluwafemi of Environmental Rights Action/Friends of the Earth Nigeria (ERA/FOEN) said the pauperization of tobacco farmers by BAT is largely responsible for the emerging trend of child labour on the tobacco farms. “ BAT must abide by its own code of conduct and eliminate all forms of abuse not only on the tobacco farms but also change its marketing strategy of targeting Nigerian children in the hope of recruiting them as lifelong cigarette smokers.”

In the months to come, faced with litigation and campaigns by anti tobacco activists whose mould seem to swell by the day, BAT may have to submit to stringent public health control in its marketing and distribution of its product. That shouldn’t be a problem however to the multinational company as long as business is allowed to go on. Meanwhile at the tobacco farms more children will end up on the farms for the paltry sum they will get out of a day’s work. To Pa Amusan, he is only “empowering the kids.”

Group chides Adedibu over tobacco bill

A Non-Governmental Organisation, Journalists Action on Tobacco and Health (JATH) has criticized the Chairman, Senate Committee on Industries, Senator Kamoru Adedibu, over his statement that the passage of the national tobacco control bill into law will throw 400,000 people into the unemployment market.

The group said it was unfortunate that Adedibu, who represents Oyo South at the Senate, also promised to mobilise his colleagues to ensure that the bill was not passed.

In a statement issued by the group’s Programme Manager, Mr. Yinka Olugbade, it said it was not surprised that Adedibu described the bill as a “misplaced priority” for the country.

“We are not surprised he described the bill as a misplaced priority, after all, he was speaking at the 2008 Farmers’ Productivity Award ceremony organised by the British American Tobacco Nigeria and BAT, one of the tobacco giants whose businesses have caused the death of many, made many to be down with cancers and kill many as a result of second hand smoking. They endanger the lives of millions and profit only a few,” said the group.

The bill being sponsored by Senator Olorunimbe Mamora prohibits the sale of cigarettes to anyone less than 18 years and restricts the sale of cigarettes to 1,000 metres radius from schools, playgrounds and anywhere that young and under-age persons congregate.

Jath said this bill, which also seeks to abolish all forms of tobacco advertisement and promotions, sponsorships or endorsements; prohibits the sale of cigarette in sticks and forbids smoking in public places, will empower the government to recoup public funds spent on treating people who fall sick through using tobacco once it becomes law.