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

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

Health minister, senators want ban on tobacco

-AMOS DUNIA

Minister of Health, Professor Babatunde Osotimehin has described the economic argument for the production of tobacco in Nigeria as making nonsense of the risk it portends to the people.

Prof. Osotimehin, who stated this at an interactive dinner, organized by Senator Olorunnimbe Mamora in conjunction with Environmental Rights Action/Friends of the Earth, Nigeria, to support the ‘National Tobacco Control Bill’, said the time has come for Nigeria to do everything possible to ban tobacco production in the country.

The Minister of Health lamented the havoc cigarette smoking has caused the nation, saying that while tobacco companies employed about 20,000 people, their products kill an average of 100,000 people per annum, a development he said is unacceptable to Nigeria.He said on assumption of office, he made it clear to British American Tobacco (BAT) that visited him, seeking a working relationship, that there was no way such an understanding can take place because of the overall health interest of the people.

According to Osotimehin, “I want to tell you that I am very passionate about anti-tobacco legislation. The British-American Tobacco (BAT) people once came to talk to me on how we could work together but I said no! I cannot work with BAT people because the human cost of tobacco is enormous.We should do everything possible to ban tobacco smoking because it does not add value at all. Some people talk about the economic value of tobacco companies, but I don’t believe there is any economic value because when they employ 20,000 people, they kill 100,000.”

He, therefore, urged Nigerians, particularly those in positions of authority, to work hard to ensure that Nigeria do not add to the burden already being suffered from HIV infections. The minister, therefore, assured that the Federal Government through the Ministry of Health would throw its weight behind the Anti-Tobacco Bill.

Earlier in his address, convener of the interactive session, Senator Mamora, noted that the United States of America, the highest consumer of tobacco, had legislated against tobacco, stressing that the fact remains that a poison remains a poison no matter how it is coloured.

According to Senator Mamora, “It is worrisome that tobacco companies are leaving the developed countries for the less developed, particularly Africa with Nigeria being the largest market, owing to lack of adequate legislation to curb the danger it portends on the citizenry.

In her remarks, Chairman of the Senate Committee on Health, Senator Iyabo Obasanjo-Bello, assured that her committee has put in motion necessary arrangements to ensure the passage of the National Tobacco Control Bill with a view to enthroning a regime of health safety in the country.

FG to Stop Tobacco Smoking
Inalegwu Shaibu

Abuja — The Minister of Health, Professor Babatunde Osotimehin yesterday revealed the Federal Government's commitment to check the consumption of tobacco in the country, just as the Senate Committee on Health also disclosed that it had perfected arrangement to ensure the passage of the National Tobacco Control Bill.

Professor Osotimehin who spoke at an interactive session organised by the sponsor of the Bill, Senator Olurunimbe Mamora in Abuja decried the huge impact of the harmful effect tobacco smoking is having on the citizens.

He said the government being conscious of the security and welfare of the people, would do anything to pass the law against tobacco consumption.

He said, "I want to tell you that I am very passionate about anti-tobacco legislation. This British-American Tobacco (BAT) people once came to talk to me on how we could work together but I said no! I cannot work with BAT people because the human cost of tobacco is enormous. We should do everything possible to ban tobacco smoking because it does not add value at all.

"Some people talk about the economic value of tobacco companies but I don't believe there is any economic value because when they employ 20,000 people, they kill 100,000.

Govt committed to checking tobacco usage, says minister

- Azimazi Momoh Jimoh

THE Minister of Health, Prof. Babatunde Osotimehin, has said the Federal Government is committed to enacting laws to check and control the consumption of tobacco in the country.
Also, the Senate Committee on Health said it had perfected arrangements to ensure the passage of the National Tobacco Control Bill with a view to enthroning a regime of health safety in the country.
At an interactive session convened by sponsor of the bill, Senator Olorunnimbe Mamora, for stakeholders at the Transcorp Hotel in Abuja on Wednesday night, Osotimehin lamented the havoc done to human health by tobacco-smoking, noting that the government would do everything possible to get a law passed against tobacco consumption.
He said: "I want to tell you that I am very passionate about anti-tobacco legislation. This British-American Tobacco (BAT) people once came to talk to me on how we could work together. But I said 'no', I cannot work with BAT people because the human cost of tobacco is enormous.
"We should do everything possible to ban tobacco smoking because it does not add value at all. Some people talk about the economic value of tobacco companies, but I don't believe there is any economic value because when they employ 20,000 people, they kill 100,000. We should try as much as possible not to do things that will add to the burden we suffer from HIV. So, we will try and put our weight behind this bill".
In a remark, Chairman of the Senate Committee on Health, Senator Iyabo Obasanjo-Bello, said her committee would give the bill a serious attention in view of the urgent need to rescue Nigerians from some unhealthy practices.
Citing Section 17 of the 1999 Constitution, Bello said the government owed it a primary duty to ensure the safety of its citizens, adding that this should include health safety.
Mamora, in his remark, noted that even the United States of America, which was the highest consumer of tobacco, had legislated against tobacco.
"One thing we cannot run away from is that a poison remains a poison, no matter what happens. There is no slight poison. And we are saying that tobacco is a poison", Mamora said.
Senator Jibrin Aminu on his part urged the Federal Government to simply close down all tobacco companies in the country because of their ill effects to the society.
Aminu, who said he quit smoking since 1963, advised the government not to adopt the United States' approach because, according to him, the U.S. simply increased the taxes paid by tobacco companies, a situation which he noted, would only transfer the tax burden to the consumers.
Aminu said: "I don't like that approach, we should discourage and prevent it completely. We should not be deceived by the sweet messages propagated by these tobacco companies".

INTERACTIVE DINNER ON NATIONAL TOBACCO CONTROL BILL

ENVIRONMENTAL RIGHT ACTION HOLDS AN INTERACTIVE DINNER ON NATIONAL TOBACCO CONTROL BILL

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

-Philip Morris International, British American Tobacco fingered

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

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

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

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

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

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

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

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

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

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

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

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

View the full report:

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

Nigeria: Let's Emulate America On Tobacco

Kingsley Ogbuji

29 June 2009

Opinion

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

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

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

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

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

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

Kingsley Ogbuji
Texas, USA

FG Bans Fresh Investment in Tobacco

By Paul Ibe

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

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

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

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

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

SOURCE

OYO STATE WINS AGAINST TOBACCO GIANTS

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










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