Canvassing for a Tobacco-Free Nigeria

New report exposes how tobacco companies undermine WHO health policy : Uruguay proposes resolution calling for unity in face of tobacco industry interference

 A new investigative report by the International Consortium of Investigative Journalists

 exposes a wide range of tactics employed by the tobacco industry to undermine advances being made by the global tobacco treaty – Framework Convention on Tobacco Control (FCTC). Threats to health policy include aggressive lobbying and legal intimidation, to charitable donations and even outright payoffs.

Even as Parties- including delegates from Nigeria’s ministry of health and other countries are discussing how to overcome such obstacles – the primary threat in advancing a treaty the World Health Organization projects could save 200 million lives by 2050 – industry tactics have followed countries to this week’s treaty negotiations in Uruguay.

Not only are dozens of tobacco industry representatives from Philip Morris and British America Tobacco (BAT) crowding the halls of the negotiation each day, they are also playing a role in the seating of delegates in attendance. These delegates are the eyes, ears, and voice piece of an industry that has otherwise been prohibited from directly participating in the negotiations and health policy under a core provision of the treaty.

One example is Zimbabwe, a non-Party observer. Despite being cash strapped the country somehow mustered the funds to send 10 delegates to Uruguay days after a prominent tobacco industry front group disparaged guidelines being negotiated this week to the Wall Street Journal. To put this in perspective, more than 35 ratifyingcountries were unable to send even a single representative. Worse, though the treaty requires that health policies and negotiations being protective from “commercial and other vested interests of the tobacco industry,” Zimbabwe’s delegation includes representatives from the Tobacco Industry Marketing Board, as well as ministries whose priority is either trade or agriculture.

“A reminder is needed that we are here to devise solutions to save people’s lives,” said Sam Ochieng of the Network for Accountability of Tobacco Trans-nationals and Consumer Information Network Kenya. “Progress is not possible if the long arm of industry is able to reach into and manipulate a conversation that rightly excludes Big Tobacco.”

“The report by the International Consortium of Investigative  Journalists is revealing. It is not surprising that Philip Morris is instituting a suit against the Uruguay government for introducing warning labels on cigarettes sold in the country or the presence of tobacco industry representatives in the halls during negotiations. Parties must however be be vigilant to the avowed intentions of the industry to fight provisions that prohibit them from interfering in the process,” said Philip Jakpor of Environmental Rights Action. 

Tobacco growing countries like Zimbabwe may be the most brazen, but are not unique when it comes to sending representatives from ministries whose objectives may be at odds with the treaty’s guiding principle that the public’s health be prioritized over trade. Of the 438 Party delegates listed in the provisional list of participants, 74 delegates represent ministries other than health. Egregious examples include Macedonia’s delegation which has no health ministry representation. Of its 19 member delegation, China sent five delegates from its state-owned tobacco corporation.

While some non-health ministries may have legitimate reason for inclusion in a delegation, such as representation from finance ministries in anticipation of discussions regarding tobacco taxation; for others such appointments further expose the primary obstacle to treaty implementation – the fact that industry has a voice it shouldn’t within government in deciding health policy.      

“This is not to say the vast majority of countries here are not acting with integrity, just that parties must be unified in challenging tobacco industry interference for the treaty to progress,” said Corporate Accountability International’s Latin America Director Yul Francisco Dorado.

In this vein, Uruguay has proposed a resolution calling for parties to stand together in confronting the manner of legal intimidation it and other countries are now facing from Philip Morris International.

Corporate Accountability International and its partners which ERA is part of, are pushing for the inclusion of a provision giving the secretariat representing the parties to the treaty a voice during legal proceedings.

FULL REPORT

Report accuses Big Tobacco of blocking treaty

By Ben Ezeamalu

Tobacco industry watchdog, Corporate Accountability International, and its allies, on Monday, released a report documenting widespread tobacco industry interference in the implementation of the global tobacco treaty (formally known as the World Health Organisation Framework Convention on Tobacco Control).

The report’s release kicks off a string of grassroots actions in dozens of countries leading up to November’s treaty meeting in Punta del Este, Uruguay. At stake are nearly 200 million lives - the number of lives the World Health Organisation projects would be spared by 2050 if the treaty takes full effect - and the tobacco industry interference remains the single greatest obstacle to this objective. During this year’s 10th International Week of Resistance to Tobacco Transnationals, which began on Monday, the anti-tobacco groups say that their actions will expose industry obstructionism in countries around the globe which they hope would build momentum going into the November meeting.

Showing solidarity

The Week is also an opportunity for the global community to speak out in solidarity with Uruguay; Philip Morris International is suing Uruguay for implementing a treaty provision requiring stronger cigarette pack health warning labels. “Big Tobacco first tried to bully the global community out of advancing this treaty. Now it’s attempting to bully countries out of enforcing it,” said Gigi Kellett, the Director of Corporate Accountability International’s campaign Challenging Big Tobacco. “Still, our findings indicate that the industry’s resolve to defy the law is matched only by civil society’s resolve to end industry intimidation,” he said.

The report cited some of the tactics used by the tobacco industry to undermine treaty implementation to include the donation of $200 million to the Columbian government by Philip Morris International following the adoption of treaty implementation legislation to “address areas of mutual interest;” the appointment of a former British American Tobacco executive, Kenneth Clarke, as Justice Minister - he would oversee a recent lawsuit by BAT and its competitors against a new law cracking down on tobacco product displays; and engaging in a string of lawsuits regarding tobacco product displays, packaging, and health warning labels from Australia and the Philippines to Norway. All of these tactics, the groups say, are in direct defiance of the treaty, specifically its Article 5.3, which deems such industry interference to be in fundamental conflict with the treaty’s public health aims.

Slow progress

The report also finds that Article 5.3 is being used to great effect globally to insulate the treaty’s implementation against the tobacco industry. Action ranges from Mauritius becoming the first country to ban all tobacco industry “corporate social responsibility” schemes to Panama’s prohibiting government agencies and officials from accepting tobacco industry contributions. “Those countries, large and small, that refuse to be intimidated, are emboldening others to follow their lead,” said Philip Jakpor, spokesperson for Environmental Rights Action in Nigeria and the Network for Accountability of Tobacco Transnationals (NATT).

“The success of the November treaty meeting will be measured by the number of Parties that return to their countries with a plan to root out industry interference. Millions of lives are on the line,” Mr Jakpor said. In Nigeria, the Senate Committee on Health held a Public Hearing on the Tobacco Control Bill in July last year and the bill is still awaiting passage into law at senate’s plenary. Each year, tobacco kills more than five million people and 80 percent of those deaths are in low-income countries, where treaty implementation represents some of the first efforts at tobacco control.

One hundred and seventy-one countries have ratified the global tobacco treaty since its entry into force in 2005. Today, the treaty protects more than 87 percent of the world’s population.

SOURCE