Environmentalists beg Health Minister to save tobacco Bill

• Urges Jonathan to sign one-year-old Bill

The Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN) yesterday urged the Minister of Health Prof. Onyebuchi Chukwu to ensure the National Tobacco Control Bill (NTCB) is signed into law.

The group said the Bill, when it becomes an Act, will prevent an imminent tobacco epidemic in the country.

ERA/FoEN, in a letter to the minister, said the failure of President Goodluck Jonathan to assent the Bill would not only reverse efforts to wean the youth off smoking, but also threaten the country’s leadership position in global tobacco control efforts.

The group said Nigeria having signed and ratified the World Health Organisation Framework Convention on Tobacco Control (FCTC) is bound to domesticate it through the Bill.

The tobacco bill, sponsored by Senator Olorunnimbe Mamora, was passed by the Senate on March 15, 2011 and concurred by the House of Representatives on May 31, last year. The signature of the President is required to make the bill law.

ERA/FoEN, in a statement by its Executive Director, Nnimmo Bassey, said: “Our plea for the minister to intervene at this crucial time is a patriotic call to save Nigerians from the tobacco industry’s commitment to advocating weak legislation that will ensure they continue business as usual thereby worsening our health burden.

“After the overwhelming support the bill received in the Senate and House of Representatives, It is sad that till date, it has not been signed by the President. The intervention of the Health Minister is a singular action that generations of Nigerians will not forget. Giving Nigerians this gift as we mark the 2012 World No Tobacco Day will be remarkable. 

Bassey reminded the minister of his promise during the 2011 World No Tobacco Day to ensure the Bill gets presidential assent speedily. He urged the minister to be on the watch for tobacco industry lobbyists that have been let loose to ensure the Bill never becomes law. 

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Environmentalists urge Jonathan to sign tobacco Bill

President Goodluck Jonathan has been urged to sign the National Tobacco Control Bill (NTCB) into law.

Speaking at the presentation of its Shadow Report on implementation of the Framework Convention on Tobacco Control (FCTC) in Nigeria, the Environmental Rights Action (ERA)/ Friends of the Earth Nigeria (FoEN) yesterday in Lagos said the country stands to gain a lot from the domestication of the FCTC.

According to the group, since Nigeria ratified the World Health Organisation’s (WHO) FCTC in 2005, nothing significant has been achieved.

The group said Senator Olorunnimbe Mamora presented the National Tobacco Control Bill to the sixth National Assembly in 2008 as part of effort to domesticate its provisions, adding that till date, tobacco control in the country has left much to be desired.

ERA/ FoEN’s Director in charge of Corporate Accountability, Mr Akinbode Oluwafemi, said the passage of the NTCB will be the beginning of effective tobacco control legislation in the country.

"Nigeria will not make any progress towards the eradication of the tobacco epidemic and reduction of addiction without the signing into law, the NTCB," he said.

ERA’s Head, National Tobacco Control Campaign, Mr Seun Akioye, said the ban on outdoor/billboard advertising was obeyed by the tobacco industry, but that the ban on Point of Sale (POS) advertising has been ignored. He added that most of the stores and supermarkets advertise tobacco products while some expose cigarette shelves to young people and underage persons.

He said there were umbrellas, posters, kiosks and other means of outdoor advertising freely displayed.

Akioye said the prices of cigarette should be increased as well as the taxes on tobacco products effected to reduce the demand for tobacco. "During the Shadow Report, ERA/ FoEN wass able to establishe that the country is behind in implementing tax measures to reduce the demand for tobacco. Also, the average price of a pack of cigarette is N300 while the average discounted price stands at N80," he said.

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'Anti-tobacco bill is still alive'

By Michael Orie and Wole Oyebade

ANTI-TOBACCO activists, under the aegis of Environmental Rights Action / Friends of the Earth Nigeria (ERA/FoEN), have debunked the purported 'death' of the National Tobacco Control Bill (NTCB) at the National Assembly, insisting that the bill was still under consideration before the Senate Committee on Health.
Their reaction came in the wake of Senator Kamaldeen Adedibu's insinuation to the effect that the bill, which has passed the public hearing stage, "is dead."
At a media briefing in Lagos yesterday, Programme Manager, ERA, Oluwafemi Akinbode, said: "Contrary to the lies and deception of the statements credited to the senator, the NTCB bill is not dead. The bill scaled through the second reading in the Senate in February 2009 and at that reading, all the senators present and who spoke at the plenary expressed strong support for the bill.
"Indeed, Senate President David Mark, while referring the bill to the Committee on Health, enjoined the members to expedite action on it because of the intense lobbying power of the tobacco industry, which seeks to derail the enactment of law that would protect the lives of Nigerians and also curtail the industry's criminal activities."
ERA described Adedibu's comments as "inflammatory, albeit deceitful, reckless, misleading and totally false."
The National Tobacco Control Bill 2009, sponsored by Senator Olorunnimbe Mamora (Lagos East), seeks to provide the regulation or control of production, manufacture, sale, advertising, promotion and sponsorship of tobacco or tobacco products in Nigeria and other related matters.
The bill also seeks to prohibit sale of cigarette to persons under 18; sale of tobacco products through vending machines; and sale of cigarette in single sticks;
It also seeks to prohibit all forms of tobacco advertisement, sponsorship and promotion, endorsements or testimonials, sale promotions; and smoking in public places, among others.
Akinbode also disclosed that a two-day public hearing was organised by the Senate Committee on Health headed by Senator Iyabo Obasanjo-Bello on July 20 to 21, 2009, with the Federal Ministry of Health leading government agencies to lend support for the bill.
His words: "In all, over 40 Non-Government Organizations (NGO) presented memoranda supporting the bill and asking for its speedy passage. Besides, there were words of commendation and support for the bill from five International NGOs; Campaign for Tobacco Free kids (CTFK), Framework Convention Alliance (FCA), Corporate Accountability International (CAI), African Tobacco Control Alliance (ATCA) and the African Tobacco Control Regional Initiative (ATCRI).
"Besides the tobacco Industry, only Senator Adedibu, who represents the Oyo South Federal Constituency, expressed his opposition, hinging his reason on loss of jobs and vowing to oppose the bill even if that would be the only thing he would do in the Senate.
"The committee has not presented the bill to the plenary and we know for a fact that there was supposed to be a retreat on the result of the public hearing but for the recent political developments in the country. Therefore the bill has not been voted on by the Senate plenary, how then did it die?"
African regional coordinator, Framework Convention Alliance, Adeola Akinremi, disclosed that the World Health Organisation (WHO) estimated that tobacco kills 5.4 million people every year and if current trend continues, it would kill more than eight million people.
In 2006, from a survey carried out in 11 Lagos State government-owned hospitals, it was discovered that at least two persons die each day from a tobacco-related disease. Also in one single year, about 10 000 cases of tobacco-disease was recorded in Lagos.
Akinremi said: "All we need to do is extrapolate that figure all over the country and we will have an idea of the epidemic we are dealing with.
"ERA/FoEN wishes to condemn in its totality the activities of Senator Adedibu. We demand that he immediately cease from making such statements and ask the Senate leadership to investigate his allegations.
"However, while we still have trust in the Senator Iyabo Obasanjo-Bello-led committee, we are constrained to be apprehensive about the long delay in presenting the bill at plenary. This is the time to complete work on this public health bill. This is the only way to show the world that the committee has not been compromised by the tobacco industry as Senator Adedibu has insinuated.
"Nigerians are dying by the seconds due to tobacco addition while tobacco manufacturers smile to the banks. Every delay is more deaths, more ill-health."

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BRITISH AMERICAN TOBACCO INTENSIFIES INDIRECT ADVERTISING

By Seun Akioye

Dominant tobacco manufacturing company in Nigeria, the British American Tobacco Nigeria (BATN) has intensified its Corporate Responsibility campaign with the full page advertorial in the Guardian newspaper of October 15th 2009.

The Corporate Responsibility advertisement published by the British American Tobacco Nigeria Foundation (BATNF) featured the various gift presentations to certain section of the tobacco farming community in Nigeria. Such presentations include goats, provision of bore hole and teaching the skills in fish farming.

The advertisement also coincide with an advertorial by the Nigerian Tobacco Control Alliance (NTCA) and Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN) published in the Punch newspaper of the same date asking the Senate to fast track the passage of the National Tobacco Control Bill. The advertorial published under the title ‘Tobacco Facts’ is part of a series of enlightenment campaign lecture by the groups. The publication has dealth with various issues regarding tobacco and health in Nigeria

Meanwhile tobacco control community has reacted swiftly condemning the action and calling the publication of the tobacco company as indirect advertisement. The NTCA in a statement condemned the advertorial calling it propaganda. “There are more pressing social issues in Nigeria that BATN foundation can tackle not the feakle corporate social responsibility of providing goats and garri for farmers. This is indirect advertisement and we condemn it in totality. Let them however spend that money in looking for a solution to the various ailments caused by their products.”

Media officer ERA/FoEN, Philip Jakpor also in a statement described the publication of the CSR efforts as shambles. “ This is another way of advertising. It is designed to boost the ego and promote the products of British American Tobacco and the gesture does not in any way reflect the true belief of the tobacco industry. It has been asked and we ask again ‘ can a company that produces a product that kills its users ever be socially responsible? The first thing to do to be socially responsible is to stop the production of lethal products. Before they do that, we are calling for Corporate Accountability.”

Interestingly, advertising and marketing sponsorship of any tobacco products have been banned in Nigeria since 2004.

Uwais’ wife tackles Iyabo Obasanjo-Bello over tobacco bill

By Yusuf Alli

The wife of a former Chief Justice of Nigeria, Mrs. Maryam Uwais, yesterday faulted the Chairman of the Senate Committee on Health, Senator Iyabo Obasanjo-Bello, for barring school pupils from contributing to the debate on the National Tobacco Control Bill before the Senate.
She spoke through a protest letter to Senate President David Mark on the alleged prohibition of pupils from contributing to the bill on July 20 and 21.
The letter reads in part: "You may recall that a public hearing was held on the 20th and 21st of July on a proposed National Tobacco Control Bill, sponsored by Senator Olorunnimbe Mamora, which proceedings were held under the auspices of the Committee of Health, chaired by your good self.
"Several stakeholders, representing different organisations, interests and various jurisdictions of Nigeria participated in the hearing, which fact in itself, demonstrated the significance and timeliness of the contents of this very important piece of legislation.
"Being a member of the African Union Committee of Experts on the Rights and Welfare of the Child, I was delighted when I noticed that there were young persons (from a senior secondary school class, as I was made to understand) in the audience, who signified that they intended to contribute to the discussions at the hearing.
"To my consternation, however, they were roundly rejected by no other person than you.
" Indeed, you proceeded to state, four times, what your reasons were for puncturing their enthusiasm in such a dismissive manner, even though from the first time (and each time) you spoke to the issue, you ended your statement with ‘no more will be said on this matter’.
"You declined any observations or contributions on the issue from the floor (or indeed, as I noticed, from your distinguished colleagues), concluding that you were correct in your assertions that pupils could not be permitted to participate in the discussions on the merits and demerits of the provisions of that bill.
"Your reasons, if I may recall, were that you were a mother yourself, and so felt the need to ‘protect’ children.
"You stated that you would not allow children to be ‘used’ or ‘paraded’ before the committee; and that even in the law courts, the evidence of a child would need to be corroborated during a trial.
"Besides, in your view, since adults were present and knew what the issues were, there was absolutely no need for a person under the age of 18 to participate in the proceedings.
"To further support your assertions, you added that at hearings in the Senate, persons who intended to contribute could be compelled to swear oaths on the scriptures relevant to their faiths, which in your understanding, was another excuse for denying them the right to be heard on an issue that concerns them.
"In conclusion, you mentioned that the Child Rights Act did not allow for children to speak at such forum. I am constrained to join issues with you on your position, even because your assertions run contrary to known laws, norms and emerging trends when it comes to children and young persons, their freedom to express themselves and their participation in matters that concern them.
"The unfortunate statement that those young persons were ‘brought along’ to the hearing for the purposes of being ‘used’ or ‘paraded’ was presumptuous, to say the least, as they certainly did not look like they were coerced, uncomfortable or were present in the hearing room against their wishes.
But I will not say more on this point, as it would only distract from the aim of this letter.
"The Constitution of the Federal Republic of Nigeria guarantees every citizen, children inclusive, their freedom of expression under Section 39.
"The Constitution certainly does not preclude children from the enjoyment of this fundamental right, as I am certain you would agree that children are also persons. Indeed, the Child Rights Act, 2003, fortifies this position clearly by its Section 3.
"Moreover, S. 19 of this same Child Rights Act, 2003, categorically provides that:
(1) ‘Every child has responsibilities towards his family and society, the Federal Republic of Nigeria and other legalised communities, nationally and internationally. These responsibilities include, under (2) (c) & (d), placing his or her physical and intellectual abilities at the service of the Federal Republic of Nigeria, contributing to the moral well-being of the society and respecting the ideals of democracy, freedom, equality, humaneness, honesty and justice for all persons.’
"About 200 child rights clubs have been established all over the country, to promote representation, association and participation by building children’s capacities and competencies. This, it is hoped, would enable them act effectively as peer educators and would further boost their confidence and self-esteem preparatory to holding the sundry responsibilities of citizenship and adulthood. Children’s views on national issues have been encouraged through debates, essay competitions and art exhibitions, while special events and programs have been designed and supported by the Government, all with the aim of ensuring their effective participation in National life.
"Children and young persons have been involved in many governmental and non-governmental activities, including the promotion of the awareness of HIV/AIDS, reproductive health and the development of life skills among adolescents, while the electronic and print media have created specific spaces for children to express themselves.
None of the aforementioned efforts are considered harmful exposure, neither has any organisation or government body which involves children in its constructive activities, been accused of ‘parading’ children in pursuance of some unsubstantiated motive."
On oath taking, Mrs. Uwais said: "As a senator, you do know that a public hearing is an opportunity for interested stakeholders to participate in the business of lawmaking, even so that laws are made with input from those in whose interests the laws are made.
"A public hearing is, therefore, not a court of law, as you so strenuously sought to affirm. Indeed, heavy weather was made of proceedings relating to children in a courtroom, which points were not quite clear, despite your repeated references to that scenario.

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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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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.