A comprehensive law to regulate the manufacturing, advertising distribution and consumption of tobacco products in Nigeria. It is aimed at domesticating the WHO's Framework Convention on Tobacco Control (FCTC)
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Monday, August 17, 2009
Nigeria Considers Tough Tobacco Control Legislation
Wednesday, August 12, 2009
Nigeria: Fast Track the Tobacco Control Bill
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.
Monday, August 10, 2009
Ondo battles Big Tobacco
Ondo State Government has joined the crusade to reduce tobacco-induced illnesses and deaths occasioned by cigarette smoking. The state is on the verge of instituting a legal action against tobacco companies for allegedly luring youths into smoking in order to enhance the companies’ profit margin. Ondo believes smoking habits seriously hamper public health and strain government’s financial base. Already, some states including Oyo, Kano, Osun, Gombe and the Federal Government are pursuing anti-tobacco cases both at the state and national assemblies. A bill to this effect is sponsored at the Senate by Lagos Senator, Olorunnibe Mamora.
A non-governmental organisation, the Coalition Against Tobacco (CAT), at a workshop it organised recently in Akure, the state capital, said the programme was meant to sensitise the citizenry on the ongoing court action against tobacco industries in the state.
A resource person from the State Ministry of Health, Mr. O.O. Akinsote said the World Health Organisation (WHO) statistics showed that about 5.4m people died of tobacco-related diseases in 2006. This makes it one death in every 6.5 seconds. Akinsote also stressed that a survey conducted on 12 government-owned health facilities in Lagos indicated that at least two persons died everyday from tobacco related diseases. According to him, this is more fatal than AIDS branded the "killer disease".
He revealed that a recent annual report of the British-American Tobacco Company (BATC) stated that major profits raked in by tobacco companies came from Nigeria, while over 20 brands of cigarettes were on sale in the country’s open market.
The expert urged the state lawmakers to pass a bill prohibiting tobacco smoking in states like Osun, Oyo, Kano and others. He said the group would soon sponsor a bill at the state parliament apart from the litigation process that would commence soon.
The Former Lagos State Attorney-General and Commissioner for Justice, Prof. Yemi Osibajo had on April 30, 2007 sued five tobacco companies in the country seeking special and anticipatory damages against the tobacco companies.
Akinsote disclosed that Lagos State government spent N216,000 each on two persons that died of tobacco related diseases in its state hospitals while individuals spent an additional N70,000.
Scores of other resource persons on anti-tobacco crusade made presentations at the sensitisation workshop.
Friday, August 7, 2009
The continued fight to control smoking (2)
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.”
Wednesday, August 5, 2009
The continued fight to control smoking
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."
‘Tobacco Kills 280,000 Nigerians Yearly’
A Non-governmental Organi-sation (NGO), Campaign for Free Youths Nigeria (CTFY), yesterday, raised alarm that tobacco smoking related diseases accounted for the leading cause of preventable deaths in Nigeria, killing 280,000 annually, with 800 dying daily. The figure, it said, was expected to rise to 500,000 annually if the current trend continued unchecked.
The NGO gave the figure at a workshop it organised for stakeholders in Akure, Ondo State in collaboration with the Environment Right Action/ Friends of the Earth Nigeria (ERA) on the WHO-initiated Framework Convention on Tobacco Control Treaty implementation and the ongoing National Tobacco Control Bill before the National Assembly.
According to the organisation, tobacco companies' assault on the African continent has led to rising smoking rates, particularly among youths and women, thereby increasing tobacco- related diseases. Delivering a paper, the Programme Manager of ERA, Mr Akinbode Oluwafemi, said tobacco companies in the past three decades have intensified their market expansion strategies in several African countries and make the continent their prime target due to stricter regulations in Europe and North America. Oluwafemi, who was represented by the Africa Regional Coordinator of Framework Convention Alliance, Mr Adeola Akinremi, lamented that despite enormous facilities to treat heart-related diseases in advanced countries, there are no much cigarette factories. He said it was an irony that despite lack of infrastructural facilities, there are various tobacco manufacturing companies in Nigeria with various deceitful means to sustain their operations. He therefore called on the Ondo State Government to initiate a bill against tobacco smoking which should be fashioned after the National Tobacco Control Bill 2009 before the National Assembly.
TOBACCO CONTROL BILL : Making a choice between economy and citizens health
-IKENNA OBI
In its attempt to rationalize the legislation of a Tobacco Control Act which seeks among other things to prohibit tobacco products advertising and promotion or the sponsorship of any project or programme bordering on entertainment or tourism by tobacco manufacturers, the Senate has in a recent public hearing granted audience to stakeholders. It would be recalled that the bill for tobacco control sponsored by Senator Olorunimbe Mamora had since February this year been a subject of legislative debate in the upper house. A debate that has created a divide between those who see in tobacco manufacturing a blessing as jobs are created and those who see nothing but disease and death which flows from tobacco manufacturing and sale in the country.
Coming at the heels of the imposition of strict legislative control against tobacco manufacturing in Europe and the United States of America, the on going attempt to ban the sale of tobacco products to persons below 18 and the prohibition of advertisement in promotions by tobacco companies in Nigeria through the Tobacco Control Act creates a gloomy future for an industry. It is on record that the British American Tobacco Nigeria (BATN) a major tobacco products manufacturer in the country pays up to 80 billion Naira as tax to government coffers. In addition, BATN has executed and still executes many corporate social responsibility projects across the country. It is estimated that the closure of BATN activities in the country would lead to the loss of more than 500,000 jobs, thus affecting the well being of millions of dependants.
However, the coalition of forces that insist on the stringent control of tobacco manufacturing, sale and promotion in the country have reeled out statistics proving that tobacco brings nothing but disease and death and avoidable health expenditure. A recent survey conducted in hospitals in Lagos state revealed that up to 2 person die every day as a result of tobacco related diseases. This gives an idea of the colossal human cost of tobacco in a country where accurate statistics are not available. The stunning 400,000 deaths recorded in the United States of America as result of tobacco products consumption gives an impression of the negative impact of tobacco consumption on human health.
In kick starting the debate on the Tobacco Control bill Senator Mamora commented on the fact that the increasing hostility of the economic environment in Europe and America has driven tobacco manufacturers like BATN to the developing countries where they exploit the ignorance of the people and the laxity of government to continue the production and sale of products that are harmful to peoples health.
The plan to establish a BATN factory in the country was made known on September 24 2001 with the intention then to expend up to $150 million dollars in constructing a modern cigarette factory in Ibadan . Then, two years into the first tenure of President Olusegun Obasanjo and at a time when the country was direly in need of foreign investment, BATN was perceived more as a partner in economic progress. However the entry of BATN in the country at the time met with pockets of opposition. Such opposition mounted by civil society was overwhelmed by an overwhelming wave of euphoria that gripped government bureaucrats over foreign investment. It would be recalled that the then Minister of Industry, Kola Jamodu noted that the coming of BATN is a "considerable investment" which "demonstrates that the new Nigeria is on track… We are on course to meet the ambitious investment targets…
Today, 8 years after its decision to fully enter the Nigeria market as a manufacturer of tobacco products, BATN is under pressure both from concerned civil society organizations and legislators to organize its activities in the country in a way that would no endanger the health of ignorant people.
Commenting during the public hearing in the Senate, BATN Regional Affairs manager, Tony Okwoju captured the major fear of the tobacco manufacturing sector by noting that the purpose of tobacco control should be restricted to reducing the effect of tobacco consumption on public health not to force tobacco companies out of business.
Considering the estimate that up to 6.5 million Nigerians are already prone to tobacco related deaths, the Senate according to the Senate President is faced with a legislative challenge bordering on allowing a liberal regime for tobacco consumption and thus put more lives on the death row or enact the Tobacco Control Act into a law and stand the risk of endangering the fortunes of tobacco manufacturing in the country with attendant revenue loss to government- in this era of serious drive for revenues and the loss of jobs thus swelling the unemployment rate in the country.
Will there be a compromise- a middle ground that would create a win-win scenario or would the boom days of cigarette manufacturing, promotions, sponsorships and consumption be over ? But the fears remain that the stifling of tobacco manufacturing in the country may create a boom for the smuggling of tobacco products into the country through the nation's porous borders through the illicit connivance of unscrupulous customs officials.