Nigeria: Fast Track the Tobacco Control Bill

DailyTrust: Editorial

Abuja — The Senate's decision to commence public hearing last week on the Nigeria National Tobacco Control (NNTC ) bill, which is aimed at domesticating the Framework Convention on Tobacco Control ( FCTC ) has once again brought to the fore the debate on the societal cost of tobacco production and consumption in Nigeria. Nigeria ratified the FCTC treaty in 2005, but little is being done to regulate tobacco production and consumption in the country.
Sponsored by Senator Olorunnibe Mamora ( AC, Lagos ), the proposed law which is an upgrade of the existing, but defective Tobacco Control Act of 1990 seeks to control the production, sale and use of tobacco products in the country. The bill would also, among other provisions, seeks to regulate the involvement of tobacco companies in corporate social responsibility ( CSR ), a tool many tobacco firms use as part of the arguments to justify their presence in any community. More interesting is the provision which requires tobacco firms to go beyond the written warnings on cigarette packs, to using picture of people harmed by smoking, and this will occupy at least one- third of the pack to warn consumers. Similarly, if the bill is passed, it will be against the law to sell tobacco products within one kilometre of churches, mosques, schools and hospitals.
Indeed, over the years, attempt by pressure groups to convince governments at all levels to take stringent measures against tobacco production and its consumption fell on deaf ears following spirited fight from tobacco firms and other pro-tobacco lobbyists who argued that such actions would lead to the loss of 500,000 jobs across the country. But as the Senate president, David Mark pointed out at the public hearing, "Although the tobacco industry is economically significant, it is only the living that can enjoy the wealth". It is against this background that we support the proposed bill, more so that it is coming at a time when some state governments have taken the initiative to institute legal actions against tobacco companies whose products are alleged to be causing the deaths of many Nigerians and of luring youths into smoking in order to enhance profits margin. Already, the Federal Government and some states like Oyo, Kano, Osun and Gombe are pursuing anti-tobacco cases both at the state and national assemblies.
Though the nation presently lacks a comprehensive data on the deaths caused by tobacco-related illnesses, a research recently conducted by a non-governmental organisation, the Coalition Against Tobacco (CAT) indicated that 280,000 Nigerians died annually as a result of tobacco-induced sicknesses, warning that the number may double in the near future if not checked. Also, in 2006, a research carried out in Lagos revealed that at least two people die daily from tobacco-related diseases; translating to 60 persons losing their lives monthly. These figures exclude passive smokers (who inhale the smoke of others and end up having heart disease, lung cancer and a host of other illnesses).
It is important to note that tobacco smoking and the industry itself is in retreat in developed economies. In fact, in the last two decades, tobacco firms began to relocate their operations to Africa and other under-developed nations due to the stringent regulations introduced in Europe and North America. This is aimed at curtailing the rise in tobacco- induced illnesses, resulting in a number of deaths, especially among youths who constitutes the productive base of any nation. We therefore need to borrow a leaf from the west and regulate the infiltration of tobacco firms into the country under the guise of industrialisation. Though we know it would be a tough decision for the Senators to choose between the economy and the health implication of tobacco, there is need however for the lawmakers to demonstrate courage and show commitment in this direction.
As the nation awaits the passage of the bill, government at all levels must also intensify public enlightenment campaigns on the health implication of tobacco consumption. We also expect the health ministry to carry out a comprehensive research and analysis on the impact of cigarette smoking in order to produce a data that would serve as a reference point in the future when the need arise. This is imperative because it would be foolhardy for the country to always rely on data produced by foreign organisations for our national development.

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The continued fight to control smoking (2)

-Emmanuel Ogala

There is no up-to-date data showing how many Nigerians are smokers or how many die of tobacco related illnesses, but the floor of the senate has been gripped with excitement since it started hearing on a bill to control the sale of tobacco last week.
Research conducted in 1988 by the Federal Ministry of Health showed that nine million Nigerians were smokers, out of which 3.5 million smoked an average of 20 sticks daily. This led to the promulgation of a decree banning smoking in public spaces. In 2006, research carried out in Lagos revealed that two people die daily from tobacco related illnesses in the state.
The tobacco industry is a bug-bear for many health activists and government institutions, locally and internationally, so it was no surprise that a National Tobacco Control Bill which seeks to control the production, sale and use of tobacco in Nigeria was debated by the public in the senate chamber early last week. The bill is sponsored by Adeleke Olorunimbe Mamora (AC, Lagos state).
The National Tobacco Control Bill 2009 is an upgrade of the Tobacco Control Act of 1990 and a replica of the World Health Organization’s Framework Convention on Tobacco Control (FCTC). Nigeria ratified the FCTC treaty in October 2005.
The bill was welcomed by health organisations and environmentalists but, as expected, there was solid opposition from tobacco companies, their suppliers, traders, community associations of tobacco producing communities and others connected economically to tobacco production.
The bill is a double-edged sword: while it promises to save the lives of about 6.5 million Nigerian smokers whom activists from the Environmental Rights Action (ERA) say are on the ‘death row’ due to tobacco addiction, it will also lead to the loss of about 500,000 jobs across the nation, according to pro-tobacco lobbyists.
“We stand between health and economy,” David Mark, the senate president, said while declaring the public hearing open. He, however, noted that although the tobacco industry is economically significant, it is only the living that can enjoy the wealth.
The case for production Oloye Gbade Isola, national secretary of the Central Council of Ibadan Indigenes, said British American Tobacco Nigeria (BATN) is a major business concern in Ibadan. He said the company might find it difficult to operate under a regulatory legislation that is choking.
“The company will eventually wind up,” he said. “To those who have benefited from BATN’s presence, its exit will be a calamity.” Saka Muniru, representing the Ibadan Progressive Union, also told the Senate that the closure of the BATN factory located in Ibadan would lead to the loss of more than 500,000 jobs. In his view, the bill will drive away investors. He therefore pleaded that the new bill should only include measures to regulate the production of cigarettes in the country rather than strangle existing companies.
Tony Okwoju,Area Head Regional Affairs at BATN, the largest cigarette producing companyin Nigeria, promised that his company will comply with the provisions of the bill whenever it is signed into law.
However, he said there are components of the proposed bill that are extreme and would have ‘unintended consequences’ on the industry or even make it impossible for legal companies to operate yet will not achieve the desired goal of reducing the impact of tobacco on public health.
“We have seen cases where extreme regulation has resulted in an increase in the levels of illicit trade,” Mr. Okwoju said. “We believe that the purpose of a tobacco control law should be the reduction of the impact of tobacco on public health. It should not be to force legal tax-paying tobacco companies out of business.”
The case against Environmental and health activists argue that the hazards of smoking far outweigh the benefits, as few Nigerians are directly or indirectly on the payroll of tobacco companies.
. They insist that tobacco farmers in Nigeria could easily shift to other crops, such as cassava, which has high demand in the international market.
“Besides, Nigeria still imports tobacco leaves at a mere 5% duty, which makes locally produced tobacco unattractive,” Uche Onyeagocha of Friends of the Earth, Nigeria (FoEN) said.
The bill, amongst other provisions, seeks to regulate the involvement of tobacco companies in corporate social responsibility (CSR), a tool many tobacco companies use as part of the arguments to justify their presence in any community.
“It is simply a decoy to replace the dead smokers and keep the government’s eye away from regulating its expansion,” Adeola Akinremi, African coordinator of Framework Convention Alliance (FCA), an intergovernmental policy
organization based in Geneva, Switzerland, said. “What social responsibility can a company whose product kills offer?” The bill also seeks to establish a National Tobacco Committee (NATOC) to monitor the implementation of the restrictions in the bill. The Standards Organisation of Nigeria (SON) presently has the responsibility of regulating tobacco sale and distribution.
The devil is in the bill When the bill is eventually passed, tobacco companies will be required to go beyond the written warning on cigarette packs, to using pictures of people harmed by smoking, and this which will occupy at least one-third of the cover to warn consumers.
It will also be against the law to sell tobacco products within one kilometre of churches, mosques, schools and hospitals when the bill is passed.
This provision particularly angered a group called Concerned Tobacco Retailers. “This means we cannot sell at all in this country!” Luka Vindi, secretary to the organization, said.
Other provisions in the bill include: prohibition of smoking in public places, ban on the sale of tobacco products to persons under the age of 18, and prohibition of the sale of tobacco in single sticks. When passed, cigarettes will be sold only in a pack of 20.
Also, the bill prohibits mail delivery of cigarettes to consumers, and provides that all tobacco meant to be consumed in Nigeria must bear a mark indicating that it is for the Nigerian market only; while those meant for export should be clearly marked too. This, they say, will help curb smuggling of tobacco products.
Although it will be a tough decision for the senators to choose between the economy and the health implications of tobacco, the senate president has promised to make every senator declare his/her stance publicly when the bill is up for passage.
Legislative drama Part of the drama at the emotive public hearing was the altercation between the chairman of the senate committee on health, Iyabo Obasanjo-Bello, and Maryam Uwais, wife of the former chief justice of Nigeria, Muhammed Uwais.
Mrs Uwais was angry that Mrs Obasanjo-Bello refused to allow some children present on the floor to speak. She later sent a letter to the senate to complain aboutthis.
In an interview with NEXT, Mrs Uwais said:“What happened was that there was a hearing on the tobacco and I have been involved in a related litigation. We’ve been suing tobacco companies and trying to get them to stop selling to children, and around sport centres and schools.
“We have also been supporting Senator Mamora who had produced a bill for tobacco control which is more effective than the other law that has been in existence.
We went for the public hearing and I was able to speak on the first day. I spoke about my role as a child rights advocate and how tobacco affects children.
“I was allowed to speak. But the following day, other members of ourteam were going to speak, so I went. I noticed in the audience, the three children. I don’t know them and I have never seen them before.
They attempted to speak but the chairperson said no. I stood up and she said ‘sit down, I am not going to allow you to address me on this issue, as a mother I am to protect these children. They are being brought here to be paraded.’ Meanwhile a lot of people had come to testify that children are stakeholders. All I wanted to do was make her realise that she was wrong.”

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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 VERSUS BIG TOBACCO

On February 4, 2009, the National Tobacco Control Bill 2009 scaled through Second Reading at the Senate. The Bill sponsored by Senator Olorunnibe Mamora seeks to regulate the manufacturing, sale and distribution of tobacco products in the country. Essentially, the bill domesticates the provisions of the World Health Organisation (WHO) Framework Convention on Tobacco (FCTC) which Nigeria signed on June 28, 2004 and ratified on October 20, 2005.

Senate President David Mark, apparently encouraged by the overwhelming support fellow senators accorded the bill during the Second Plenary Reading and in accordance with legislative practice, referred the bill to the Senate Committee on Health for fine-tuning before its passage. The Senate President and indeed several other distinguished senators who took the floor during the Second Reading spoke in favour of the quick passage of the bill. They enumerated the positive impacts the bill promised for public health and its potential for saving the lives of millions of Nigerian youths from tobacco addiction.

Specifically, the Senate President closed the plenary with an admonition to his fellow senators to shun every overture by Big Tobacco to undermine or delay the passage of the bill. He predicted that the tobacco industry will certainly do all within its powers to distract the Senate from working for speedy passage of the public health bill but that the Senate should stand firm for public health and the well-being of Nigerian.

True to the Senate President's prediction, since February the tobacco industry since February has deployed strategies to undermine the bill. The industry has engaged media spin doctors to feed Nigerians with a pot pouri of lies and propaganda. They have recruited surrogates and hatchet men to distort scientifically documented data on the impact of tobacco use on public health, the economy and the environment.

Page 60, THISDAY, Vol. 14, No. 5112Tuesday, April 21, 2009

The People v. Big Tobacco

-By Adeola Akinremi

How many people are we willing to sacrifice as a nation to continue to keep the tobacco industry in business? Since the Senate pushed the National Tobacco Bill 2009 through Second Reading in February and mandating Senator Iyabo Obasanjo-led Senate Health Committee to finalise work on the Bill and re-present to the National Assembly for enactment into law, the tobacco industry has become more aggressive in its usual tactics of distorting the truth both in the public places and at the chambers of the National Assembly.

The issue is what does regulation of tobacco product seeks to address in Nigeria. The bill at the Senate would mandate a total reformation and restructuring of how tobacco products are manufactured, marketed and distributed in this country. The nation can thereby see real and swift progress in preventing underage use of tobacco, addressing the adverse health effects of tobacco use and changing the corporate culture of the tobacco industry.

The National Agency for Food and Drug Administrative and Control (NAFDAC) and other public health protection agencies have spoken out about the hazards of tobacco and they view the use of tobacco products by our nation’s children as paediatric disease. There is also a consensus within the scientific and medical communities that tobacco products are inherently dangerous. They cause cancer, heart disease and other serious adverse effects.

Until now, the federal and state governments have lacked many of the legal means and resources they need to address the societal problems caused by the use of tobacco products. It is against this backdrop that Senator Olorunnimbe Mamora and the entire Senate should be commended for initiating the bill and moving it through second reading unanimously. The National Tobacco bill will indeed provide a platform for the government to achieve the public health objectives with which they were charged while taking the oath of office.

Beyond the cynicism of the tobacco companies and their hirelings in the Senate and the media who are subverting the truth; the sale of tobacco products to adults would remain legal, but subject to restrictive measures to ensure that they are not sold to underage persons. These measures echoes the mind of federal and state public health officials, the public health community and the public at large that the tobacco industry should be subject to serious regulatory oversight given the industry open admittance that its products kills.

Enacting a comprehensive legislation at this time to implement the Framework Convention on Tobacco Control (FCTC) which Nigeria ratifies in 2005 would ensure a healthy population where burden of treating tobacco-related diseases no longer put pressure on the annual health budget of Nigeria.

Importantly, the speed of enactment of this legislation will show that the government cares more for the future health of the country’s children than for the economic wealth of the tobacco industry.

In Mauritius, an African country with a small population will in June begin implementation of pictorial warnings on cigarette packs that covers 65 per cent of the packets. Pictorial warning is contained in article 11 of the WHO’s Framework Convention on Tobacco Control (FCTC).
World Health Organisation particularly approves of tobacco health warnings that contain both pictures and words because they are the most effective at convincing people to quit.

According to the WHO, “Incorporation of Pictorial Warning on tobacco product packets is important as majority of the tobacco users in this country will be able to have informed choice.”
The Senate will therefore be doing this nation a lot of good by passing this bill on time because the burden of cancer in Nigeria is appreciable and tobacco contributes a lot to this. The WHO states that there are an estimated 100,000 new cancer cases in the country each year although observers believe the figure could become as high as 500,000 new cases annually by 2010.

In 2005 cancer killed 89,000 people in Nigeria with 54,000 of this figure below the age of 70. Essentially, with the passage of this bill, which will properly regulate tobacco use, cancer and other tobacco-related diseases are bound to be on the recoil.

***Adeola Akinremi is the African Regional Coordinator, Framework Convention Alliance[FAC] an Inter governmental policy organisation based in Geneva, Switzerland.

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National Tobacco Control Bill - MAN vs. Tobacco Lobbyists

MAN warns over Anti-Tobacco Bill -says action will affect country’s GDP

The rank of those calling for caution by the Senate in the treatment of the anti-tobacco bill, has been swelled by the apex manufacturing body, the Manufacturers Association of Nigeria (MAN).

...MAN BOSS

In making his call, the Chairman of MAN, South-West Zone (comprising Oyo, Osun, Ondo, Ekiti, Kwara and Kogi states), the tobacco-producing area of the country, Chief Isaac Adaegbo Akinpide, said that the tobacco bill currently at the Senate is geared towards killing tobacco production in the country.

Speaking with reporters he said: “MAN recognises the need to regulate the tobacco industry, but in doing this, government should be careful that it does not kill the legal industry. If the legal industry disappears, people will still smoke in this country so there will be a demand for tobacco products and the vacuum will be filled by smugglers.”

The MAN chairman also highlighted the economic import of the move, if it materialises in the Senate. He asserted, “over the past few years, approximately 50 per cent of the workforce in the nation’s manufacturing sector have been thrown out of jobs and in 2008, the manufacturing sub-sector’s contribution to the Gross Domestic Product (GDP) was a paltry 4.13 per cent down from 10 per cent which it stood at in the preceding years.”

He urged the Federal Governments to be more careful with its policies so as to protect local industries. “The tyre industry suffered the same fate with Michelin in Port Harcourt and Dunlop in Ikeja closing their factories. These developments can be attributable to dysfunctional government policies which do not take into consideration, the impact they will have on the economy,” he explained.

A couple of weeks ago, the Chairman, Senate Committee on Industries, Senator Kamorudeen Adedibu (PDP, Oyo South) in condemning the bill, stated that it is a ‘misplaced priority.’ Many other Nigerians have in different fora, advised that the Senate apply caution, even as it is a general consensus that the tobacco industry needs to be regulated. SOURCE

Tobacco Lobbyists and the National Tobacco Control Bill

-By Jakpor, a public health advocate, Lagos

It is becoming evident by the day that beneficiaries of the tobacco industry will stop at nothing to keep the tobacco business going even if it means distorting hard facts that have far-reaching implication on our well-being as a people.

Articles that have popped up in the media since news broke that the National Tobacco Control Bill 2009 received overwhelming support from members of the Senate did not only confirm this assertion but also deepened my conviction that indeed the bill is coming at a very auspicious time.

It is coming at a time that independent findings by well-meaning and concerned organisations, including a recent one by the British Broadcasting Corporation (BBC) confirmed that like no other time in history, tobacco companies are aggressively marketing cigarettes to children across Africa and conscripting them into smoking through parties and deceptive concepts.

Here in Nigeria, the successful campaigns to bring down tobacco billboards and halt advertisement on set notwithstanding, tobacco firms have always conned their way around the law. British America Tobacco (BAT) –the market leader here, has been successfully replaced TV, newspaper and radio adverts with indirect adverts –branding of T-shirts, kiosks and vehicles in its colors and logo. The company also recently owned up to organizing secret smoking parties with an unstated mission: To recruit the swarm of underage that are deluded into believing that smoking is “hype” and “classy”.

It was on this foundation that the National Tobacco Control Bill, sponsored by Senate Deputy Minority Leader, Olorunnimbe Mamora, makes it an offence to sell or market tobacco products to persons under the age of 18 and imposes a fine not exceeding N50,000 or imprisonment of a term not exceeding six months or both on violators. It also prohibits all advertisements, sponsorships, testimonials and promotion of cigarettes in the country.

In the week since the Senate threw its weight behind the bill, I have glossed over the water-less arguments of the tobacco foot soldiers trying to hack away at provisions in the bill until I stumbled on an amazing report that prompted me to put pen to paper.

In the widely published report, Chairman, South-West Zone of the Manufacturers Association of Nigeria, Chief Isaac Adaegbo Akinpide was quoted: “MAN recognizes the need to regulate the tobacco industry, but in doing this, government should be careful that it does not kill the legal industry. If the legal industry disappears, people will still smoke in this country so there will be a demand for tobacco products and the vacuum will be filled by smugglers.”

While I may not want to believe that the view of the MAN chief represents all MAN member groups (even in his South West), this shocking statement at a time Nigerians are counting the cost of the health impacts of tobacco is very disappointing.

For one, his argument on economic and job losses that will worsen the approximately retrenched 50 per cent of workforce in the nation’s manufacturing sector since 2008 does not have any bearing with the issues at stake: increasing number of deaths due to tobacco and the need to rein in on this development through stiff laws like obtains in other parts of the world.

Time and again, MAN as a body has blamed the parlous state of the manufacturing sector on inconsistency in government policies and divided interest. What inconsistency is more than a government that on one hand promises to uphold the health of its citizens and on the other hand, welcomes a merchant of death? That is what the open arms that the Obasanjo administration gave to BAT in 2001 when it applauded a $150 million cigarette manufacturing plant in Ibadan represents. Since that time, more youths have taken to smoking and the rest of course is history.

The issue of smuggling is an insignificant one which Nigerians know too well: Cigarette smuggling can be laid on the doorsteps of the tobacco industry whose internal documents confirm is actually behind the booming smuggling business.

But then, an issue that is even more surprising that tobacco lobbyists avoid like a plague is that recommendations in the bill is not actually a novel innovation by our Senators. The World Health Orgnisation (WHO) Framework Convention on Tobacco Control, which Nigeria signed on June 28, 2004 and ratified on October 20, 2005 recognizes the need for parties to the protocol to enact laws that will clip the wings of the tobacco firms.

WHO initiated the FCTC in 1999 in response to the global tobacco epidemic and it was subsequently endorsed unanimously by WHO member states on 21 May, 2003 to become a legally-binding international public health treaty. The WHO FCTC requires nations to implement a range of tobacco control policies including banning smoking in public places, raising taxes on tobacco products, banning tobacco advertising, and labeling cigarette packets with health warnings.

The Conference of Parties to the FCTC which met in Durban, South Africa last year with a strong delegation from the Nigerian government also strengthened Article 5.3 of the protocol which protects the treaty and related public health policies from tobacco industry interference and even prohibits government partnership or collaboration with the tobacco industry. Ever since, the slogan of the tobacco industry has been “revenue will be lost by governments”
Fortunately this argument did not sell in neighboring Ghana where, even before the COP3, because of the same antics they have been accused of in Nigeria, the Ghanian government delisted BAT from the Ghanian Stock Exchange and threw it out of that country.

The same deceptive arguments also did not hold in the United Kingdom and other countries of Europe that sent them packing after decades of operation.

It is safe to remind the few Nigerian beneficiaries buying up newspaper space to encourage the production and sale of a confirmed killer product that the same companies they front for admitted their crimes in the United States of America where they pay $206 billion to the coffers of 46 states annually in fines for their past, present and future death-inducing actions. This started in 1998 under what has come to be known as Master Settlement Agreement, and will continue for another 14 years.

Going by statistics from the WHO which puts tobacco-induced deaths at over 5.4 million annually (more than 75 per cent happening in developing nations), it becomes quite clear that proponents of a so-called foreign direct investment in form of tobacco products do not understand what pro-people investment really is.

One of the greatest producers and exporter of tobacco leaves is Malawi, a nation that is competing for permanent status in the list of poor nations in the World Poverty Index, Clearly, tobacco has not brought Malawi wealth and will not bring us wealth either.

If the production and marketing of tobacco products is actually the definition of what a foreign direct investment is, the Lagos State government for instance, will not be expending N216,000 annually on the 9,527 tobacco-related cases in 11 out of 26 public hospitals as revealed in a 2006 survey.

If it is actually an investment worth celebrating, tobacco growing communities in Iseyin and Ago Are in the same Oyo State which houses the $150 million so-called investment will not remain as backward and rustic as it was maybe in the time of the Late Bishop Ajayi Crowther of blessed memory.

Since 2001 when BAT commissioned a $150 million plant in Ibadan, Oyo State and upgraded its Zaria factory to produce 7,200 sticks per minute, the smoking rate among youths also assumed a frightening dimension.

In 1994, seven years before the commissioning of the Ibadan Plant, the smoking rate among youths was four per cent. The publicity blitz and deceptive marketing that followed the commissioning pushed the figures to 18.1 per cent among the age groups 13-15 years by the end of 2002.

Unfortunately, like most cancer patients dying gradually in the hospitals today, the unsuspecting youth will come to know years from now when they develop terminal ailments, that their future had been mortgaged by the organizers of the smoking parties.

We can easily dismember tobacco lobbyists’ position on the need to save the tobacco companies litigation and subsequent closing of shop in other to save the contentious 300,000 dependants of the alleged 2,500 tobacco industry staff that will be thrown into the unemployment market if the companies eventually does pack up.

One even wonders how those figures where manufactured when BATN recently revealed that less than a thousand Nigerians are in its direct employ because of the fully automated nature of the Ibadan plant. The thousands of tobacco farmers that may have been conscripted into the list of threatened workforce as Nigerians have come to know, are poor farmers who are only victims of a monopolistic company that has condemned them to irredeemable poverty.

Today, BAT is sole buyer of the farmers’ leaves, dictates ridiculous prices and supplies them fertilizers like a child tied to the umbilical cord of a mother. But unlike the later, this union is a torturously life-long.

Be that as it may, the fictitious 302,500 people can still not equate the many more thousands that die annually from cancer and other tobacco-related illnesses and many more that will die.
It will make more sense for tobacco lobbyists concentrate on getting their benefactor to diversify into other areas of agriculture that its foundation claims success in improving instead of the waste of newspaper space.

The National Tobacco Control Bill is an idea whose time has come and the Senate’s decision to fast-track the process of translating it into law is a fresh breath away from the stagnation and deliberate hurdles thrown the way of the multi-billion naira suits by the tobacco giants.

The patriotism of the honorable members of the House in standing for the rights of Nigerians to a poison-free air is commendable. Mamora and his team will have their names written in gold in the annals of this nation.


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Group urges Senate to pass anti-tobacco bill

A Non-Governmental Organisation, Journalists Action on Tobacco and Health (JATH) has urged the Senate to speed up the passage of the 2009 National Tobacco Control Bill to allow for commencement of quick implementation of the WHO’s Framework convention on Tobacco Control(FCTC) which Nigeria ratified in 2005.

In a statement signed by the group’s Programme Manager, Mr. Yinka Olugbade, the group said the passage of the bill would help reduce tobacco-related deaths.

The group also commended Senator Olorunimbe Mamora for sponsoring the bill and working to ensure that it has passed the second reading.

“The Senate will be doing this nation a lot of good by passing this bill on time because the burden of cancer in Nigeria is appreciable and tobacco contributes a lot to this. According to the World Health Organisation, there are an estimated 100,000 new cancer cases in the country each year although observers believe the figure could become as high as 500,000 new cases annually by 2010.

“It is feared that by 2020, cancer incidence for Nigerian males and females may rise to 90.7/100,000 and 100.9/100,000 respectively. It is also anticipated that by 2020, death rates from cancer in Nigerian males and females may reach 72.7/100,000 and 76/100,000 respectively. But this only represents a tip of the iceberg if projections by the World Health Organization (WHO) are anything to go by.

“ In 2005 cancer killed eighty nine thousand people in Nigeria with fifty four thousand of this figure below the age of seventy. Essentially, the most common cancers documented in Nigeria to date are cancers of the uterus and breast for women and liver and prostate cancers for men. But many of these deaths can be avoided. Over 40% of all cancers can be prevented. Others can be detected early, treated and cured.

“With the passage of this bill, which will properly regulate tobacco use, cancer and other tobacco-related diseases are bound to be on the rebound,” the group noted.

Noting that a part of the bill contains incorporation of Pictorial warnings on the pack of cigarettes,JATH said,"There is no doubt that the sponsor of the Bill and the Nigerian Senate meant well for the welfare of its citizens.

"Incorporation of Pictorial Warning on tobacco product packets is important as majority of the tobacco users in this country will be able to have informed choice. World Health Organization (WHO), particularly approves of tobacco health warnings that contain both pictures and words because they are the most effective at convincing people to quit.

ERA Commends Senate over anti-tobacco Bill

TEXT OF PRESS CONFERENCE ADDRESSED BY SENATOR OLORUNNIMBE MAMORA ON THE NATIONAL TOBACCO CONTROL BILL, 2009.

Distinguished gentlemen of the press, it is my pleasure to welcome you to this very important press briefing. Today we are witnessing a very important milestone in the history of public health in Nigeria. Today, our dear country can hold her head up in the comity of nations that have put public health and safety of her citizens before profits. Today we are witnessing the birth of a very important bill, The National Tobacco Control Bill, second reading of which was taken earlier today by the Senate.

Dear friends, since 1999 when Democracy was established in Nigeria and the rule of law restored, many bills have been passed in the National Assembly, some of which I had my input. Today it is with joy and humility that I have presented to the senate a lead debate on a comprehensive tobacco control Bill that when finally passed and enforced will help save the lives of millions of Nigerians, especially the youths, and safeguard our collective future from a common pandemic threatening the 21st century- the tobacco pandemic.

Some of you may wonder why this bill is so important. I will answer that question by telling you about the dangers that tobacco poses to our country, Africa and the entire human race. The World Health Organisation (WHO) estimates cigarette smoking currently kills 5.4 million people every year. Over half of that causality will be recorded in developing countries like ours and if we fold our hands and do nothing, this century we are going to lose about 1 billion people to tobacco related diseases.

In Nigeria, you may be aware of the activities of the British American Tobacco Nigeria (BATN) since the company began full scale manufacturing of cigarettes in Ibadan, Oyo state. While this 'investment' might have provided job opportunities for less than 1000 Nigerians, it is also responsible for the deaths of many thousands more. In 2006, Lagos state government discovered through a survey covering 11 hospitals in the state that 2 persons die each day from a tobacco related disease. The volume has since gone up. The 'investment' has also targeted our young people. You may wish to note that Lagos State Government in its characteristic responsible manner has gone to court on this matter.

Over the last years, you might have been aware of such programmes directly geared towards the young and vulnerable. The Wild & Wet, Rothmans groove, St Moritz fashion & Style, Experience IT promotion, EXPERIENCE Freshness all night party etc. That is not all; there have been attempts to reward youths who smoke cigarettes by the tobacco industry. Other events include 'Buy one for the price of two' and sale promotions where smokers win gifts such as flashy handsets, motorcycles, DVD camcorders, plasma TVs and several packs of cigarettes.

Recent statistics on youth smoking in Nigeria also presents a very sad picture. More of our young people are taking up smoking everyday. Not only that, about 100,000 of our young people including school children here in Abuja will pick up one of the over 15 billion cigarettes sold daily worldwide. Once they start they will get hooked, because the tobacco industry which manufactured the cigarettes has put a potent chemical inside it called nicotine which ensures the smoker is hooked on cigarettes.

Of course that is the plan of the tobacco industry. In Europe and the United States, strong tobacco control laws have forced the major tobacco industries to relocate to Africa and Asia. Also, profits are dwindling because the old customers have either died of their habit or totally quit smoking. The young and highly impressionable young people of Africa became the target and one of the ways they have successfully used to achieve this objective apart from the ones I have enumerated above is to sell cigarettes in sticks. By doing this they make cigarettes closer and readily available to our youths, they especially make sure that cigarette packs look attractive and pleasant in order to attract the young people.

Ladies and gentlemen, Tobacco is the only consumer good that kills half of those who use it according to the manufacturer's instructions. Realising these, countries around the world have set the pace to curtail the activities of the tobacco industry through legislations such that we have just taken the second reading today in order to reduce the death and economic burdens it placed on them. It is especially important for Nigeria to put forward laws that would protect our citizens, reduce deaths associated with smoking, save cost on treating people who got sick from tobacco and March on towards the attainment of the Millennium Development Goals and achievement of the Seven Point Agenda of President Yar'Adua administration.

The bill will strengthen the Fundamental Objectives and Directive Principles of State Policy as enshrined in our constitution to wit “the security and welfare of the people shall be the primary purposes of government” (S.14.2b).

This bill is important, not only for us but for the future generations to come. It is a comprehensive bill that covers all aspects of health as regards tobacco consumption. This bill covers such areas as advertising, smoke free public places, sponsorship, youth smoking, packaging, number of cigarettes a pack can contain, display of signs in public buildings, litigation and enforcement.

This Bill, seeks to repeal the Tobacco Smoking (Control) Act No.20 of 1990/CAP. T6, Laws of the Federation of Nigeria, 2004 and the domestication of the World Health Organisation initiated Framework Convention for Tobacco Control (FCTC).

The FCTC came into force on February 27, 2005 .Nigeria signed the FCTC in June 2004 and ratified the treaty in October 2005 The FCTC is the global benchmark for the manufacturing, sale and distribution of tobacco products. Nigeria as a party to the treaty is obligated to implement all the provisions of the treaty. It currently has 168 signatories and 160 parties; an unprecedented record in the history of global treaties.

When this bill is passed, it will be an offence to sell or market tobacco products to persons under the age of 18. The sale of cigarettes by the sticks is also prohibited. All forms of adverts, sponsorship, testimonials, sales promotion are prohibited. Every cigarette pack is mandated to carry a special pictorial warning that covers half of the packet warning smokers about the dangers of smoking.

Besides, the rights of non smokers are guaranteed. We know the dangers associated with second hand smoke. Smoking does not only affect those who smoke, but also people who stay and inhale the smoke from their cigarettes. That is why there is a provision for smoke free public places so that people can enjoy clean air anytime they are out on their work without having to breathe the contamination from cigarettes. Ghana our next door neighbour would have gone smoke free effective January 1, 2009. Kenya, South Africa, Niger are all implementing smoke free policies
Perhaps one of the most interesting aspects of this bill is that tobacco manufacturers will no longer be able to sell or put into the stream of commerce either by themselves or their agents any tobacco product within a one thousand metre radius of any place where minors congregate. This is a major achievement because our minors are exposed to cigarettes everywhere they go.

Gentlemen of the press, I will like to seize this opportunity to say thank you to all those who have contributed towards achieving this goal. I want to thank members of the tobacco control community especially for their consistency and steadfastness. I also want to thank you members of the media for all your support and I am counting on you for your support in the future. I also want to call all Nigerians to cooperate with us in enforcing and implementing this important public health laws.

I am optimistic that the future is bright, I am hopeful that with the commitment of the members of the National assembly towards delivering the dividends of democracy to our people , more public oriented bills such as this will continue to emanate from the National Assembly.

Distinguished ladies and gentlemen, I thank you for listening and please enjoy the rest of the day.

Senator Olorunnimbe Mamora
Senate Deputy Minority Leader
Sponsor

HIGHLIGHTS OF THE NATIONAL TOBACCO CONTROL BILL 2009

Sponsor: Senator Adeleke Olorunnimbe Mamora (Lagos East)

1, It repeals the tobacco (control) Act 1990 CAP. T16 Laws of the Federation
2, Completely domesticates the Framework Convention on Tobacco Control (FCTC)
2, It establishes the National Tobacco Control Committee
3 , The National Tobacco Control Act 2009 will come to force six months from the date of assent
4, Every packet of tobacco for sale in Nigeria must carry the statement “ Sales allowed only in Nigeria”
5, Every tobacco product manufactured in Nigeria for export must bear; Manufactured in Nigeria for Export”
6, Every packet of cigarette must bear:
(I) Name and license number of the manufacturer/wholesaler/importer/exporter;
(ii) Serial number, date, location and country of manufacture;
(iii) Clearly visible “tax” stamp or marking,
7, It prohibits the sale of cigarette to Persons under 18
8,It prohibits the sale of tobacco products through vending machines
9, Prohibits the sale of cigarette in single sticks
10, Every cigarette pack must contain minimum of 20 sticks
11,No mail delivery of cigarette to consumers
12 Stipulates warning labels / health messages to cover at least 50 per cent of the principal display areas
13,The Health Minister can adjust the format of the health warnings/messages to include pictograms
14, It prohibits all forms of tobacco advertisement, sponsorships and promotions, endorsements or testimonials, sales promotions
15, Prohibits smoking in public places including restaurants and bars, public transportation, schools etc
16, Prohibition of the sale of tobacco products 1,000 meter radius places designated as non –smoking
17, Empowers government to use litigation to recoup liabilities related to tobacco consumption

LEAD DEBATE ON THE NATIONAL TOBACCO CONTROL BILL, 2009

BY SEN. OLORUNNIMBE MAMORA


Preamble

It is established fact, both scientifically and legally, that tobacco is dangerous as it contains over 4,000 potent, toxic and carcinogenic chemicals, associated with over 200 diseases, preventable deaths and a significant drain on world economy, particularly the healthcare sector. The World Health Organisation (WHO) and several organizations are unanimous that tobacco consumption is a scourge; failure to control its spread would have serious and fatal consequences for citizens of the world.

The increasing hostility and regulatory restrictions from western and other more developed nations have caused tobacco companies to flock to developing countries in order to increase their business and profitability. Sadly, developing countries like ours, with notorious drawbacks of illiteracy, corruption, weak institutions and regulatory competencies, but which have teeming populations, are increasingly becoming targets of the exploitative and deliberately deceptive strategies of marketing by these profit- driven companies. Furthermore, Nigeria's health system remains inadequate and unable to cope with the scourge and the impending epidemic. A majority of smokers in Nigeria are illiterate, living in rural areas that hardly have sufficient facilities to treat tobacco related diseases. The major tertiary hospitals do not have the necessary interventions that are so important and needed timely. Consequently there is an urgent need to enact legislation to curb this preventable scourge, with appropriate modalities for holding the industry accountable for the injuries it causes.

WHO promoted the Framework Convention on Tobacco Control (FCTC) which is a model legislation that many health-conscious countries have signed and ratified, Nigeria is a signatory to the Convention and as such has an obligation to enact the required legislation controlling the distribution and consumption of tobacco products. It is further to our obligations under this Convention that I seek to introduce this legislation, with the range of restrictions and provisions therein.

Justification

Most western countries have enacted similar legislation, which has successfully diminished high smoking and exposure rates. Legislation, similar to the one at hand, is also known to have brought about significant tangible benefits for the health systems in those countries. Of the several efforts and initiatives worldwide, the most effective have been when lawmakers rise in unison to make the wide ranging provisions to control the adverse effect of tobacco, as contained in this Bill. The industry has been known only to change its behaviour when it is confronted with serious statutory provisions that regulate and control its operations. Further, some of the greatest success stories in tobacco control both legally and health-wise have been due to legislation, since they have had the singular effect of holding the industry accountable and responsible for the injuries it causes.

Tobacco is the only product that when used as designed by manufacturers will surely kill or harm the user. Legislation is required to compel tobacco manufacturers to take responsibility for their actions, to secure and safeguard our future by curbing the consumption by our youth and children and to ensure that our citizens remain healthy, in a smoke-free environment. In the absence of comprehensive legislation, Nigeria would be unable to either regulate the industry or protect our current and future generations from the hazards of tobacco consumption.

We do not only need to act, but we need to act urgently. Current statistics show that in Nigeria:

i) Smoking and exposure to smoke has gone up to 20% from 2% in the 1980's
ii) The smoking rate amongst young women under 18 has increased by over 16% in the last 10years.

iii) 90% of cocaine, hemp and other drug user begin such habits from smoking cigarettes.
iv) Most armed robbers, rapist and cultists admit to either smoking or using drugs before embarking on their nefarious activities.

The Tobacco industry has long deceived us into believing that smoking is a matter of choice. Most smokers picked the habit as children, from peer pressure or in school, all in a bid to 'belong'. Most countries in the world, inclusive of Nigeria, understand that persons under 18 are incapable of making informed choices, hence the age of voting, criminal responsibility and obtaining drivers license is pegged at 18 and above. From the health standpoint alone, the reality of escalation of tobacco consumption and its adverse effects in our midst is staggering. In Lagos State, reports from 11 of 26 public hospitals where research was conducted show that about 2 people die everyday from tobacco related diseases. The average tobacco related disease can take up to 20years to manifest. If what we are seeing now is alarming and only a result of past consumption, we cannot even begin to imagine what to expect in the future, now that smoking rates have increased dramatically. The time to act is now!

A sober consideration for us as Lawmakers is that it is not just a question of pro-activity when we pass this law; it is a constitutional duty and responsibility. Our Constitution mandates us, under its Chapter 11, The Fundamental Objectives and Directive Principles of State Policy, to enact laws to protect all vulnerable groups(including women and children), our communities the society and the environment.

We are grappling with many contending issues of priority at this stage of our development. We certainly need to provide leadership to our people and other parts of this Continent by creating a system where the tobacco industry can be compelled to submit to appropriate regulation and control.

GOAL OF THE BILL
Essentially the proposed Legislation, if supported, will succeed in providing a framework for the:


· Protection of the Nation's public health by enhancing public awareness of the hazards and dangers associated with tobacco use.
· Protection of young persons and others from the inducement to use tobacco and tobacco products and the consequent dependence on them by restricting access to tobacco.
· Protection of the rights and health of non-smokers, endangered through environmental tobacco smoke whilst also protecting the environment.
· Controlling and restricting the sale of tobacco in sticks and in public places.
· Providing effective warnings in graphics and languages spoken in Nigeria, such measures being most beneficial to the non-literate of our population.
· Restricting the promotion of tobacco products, adverts and sponsorship which particularly target minors and promote industry-funded awareness, campaigns and education.
· Affording us with the appropriate legal mechanisms to assist Government and injured persons to seek redress against the tobacco industry for injuries caused as a consequence of tobacco consumption.
· Making the profit-driven tobacco industry responsible and accountable for their activities, as they currently remain oblivious to the adverse effects and concerns that emanate from the consumption of its harmful products.


CONCLUSION

Our Constitution under Section 14 subsection 2(b) specifically states that
"the security and welfare of the people shall be the primary purpose of government".
If we passed this bill into law, we would have fulfilled a fundamental objective of government more so as responsive and responsible representatives of our constituents.

I thank you in anticipation of your most cherished support.




Sen. Olorunnimbe Mamora.

Introducing: Nigeria National Tobacco Control Bill 2009

The Nigeria tobacco control bill is a comprehensive law when passed to regulate the manufacturing, advertising distribution and consumption of tobacco products in Nigeria.

It is a bill that s aimed at domesticating the Framework Convection on Tobacco Control (FCTC) because Nigeria is a party to that international convention. The keys highlights of the bill are prohibition of smoking in public places; to include restaurant and bar, public transportation, schools, hospitals e.t.c. A ban on all forms of direct and indirect advertising, prohibition of sales of cigarette 1000-meter radius of areas designated as non-smoking, mass awareness about the danger of smoking as well as the formation of committee that will guide government on the issue of tobacco control in the country.