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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Friday, October 23, 2009
Group urges National Assembly to pass tobacco control bill
A non-governmental organisation, Environmental Rights Action (ERA), yesterday urged the National Assembly to pass the National Tobacco Control Bill.The bill, sponsored by Senator Olorunimbe Mamora, is before the Senate. Speaking at a news conference in Lagos, ERA's Programme Manager, Mr. Akinbode Oluwafemi, said: "Smoking kills. Tobacco currently kills over 5.4 million people annually, over 70 per cent of those deaths occur in developing countries."
Wednesday, October 21, 2009
Osun bans smoking in public places
Henceforth smoking in public places in Osun State has become illegal. The government said yesterday that anybody who smokes in public places throughout the state risks being jailed for three to six months and or a fine of between N10,000 to N250,000.
This move got a legal teeth following the Prohibition of Smoking in Public Places Bill 2009, passed into law yesterday by the state House of Assembly, which was meant to protect non-smokers from dangers attached to smoking.
According to the bill, there shall be no access to tobacco within 500 metre radius of public places like schools, health centers, sporting areas and any other place described by government for public use.
Addressing the parliament, the Speaker, Adejare Bello, who restated the resolve of the state government to give adequate protection to non-smokers in the state, also said that the bill prohibits smoking in any part of an enclosed or partially enclosed public place or workplace.
He said that the bill also prohibits smoking in court buildings, factories, cinema halls, theatres, video houses, disco halls and any other entertainment facilities at any time during which it is open to the public.
SOURCE
Osun House bans smoking in public places
Tuesday, October 20, 2009
Nigeria Indeed Ratified the FCTC
Way Forward
What Nigeria needs now is not ratification campaign but the passage of the Tobacco Control Bill.
The intent and motive of this debate is mischievous, and we should put this debate to death.
--Regards,
Tosin Orogun
Programme Manager
Africa Tobacco Control Regional Initiative (ATCRI)
Initiative régionale pour la lutte contre le tabac en Afrique (IRCTA)
Iniciativa regional para a luta contra o tabaco em África (IRCTA)
Phone: +234[802] 390 2518, +234[1] 811 1319
Email: Tosin.Orogun@atcri.org
Skype: tosinorogun
Windows Live Messenger: tosin.orogun@atcri.org
Website: http://www.atcri.org/
SOURCE
Dear Colleagues,
Has Nigeria indeed ratified the FCTC?
The title of this seems and is shocking, as it appears to contradict with the reality of the deposition of an ‘Instrument of Ratification’ of the FCTC by a Nigerian government official at the Headquarters of the appropriate place for such depositions on the 20th of October 2005.
Ratification of international treaties and conventions, it must be stressed is a technical requirement. The ‘deposition of an instrument of ratification’ is primarily symbolic and ought to be the culmination of a ratification process.
THE NIGERIAN SITUATION
Signing of international treaties, conventions and instruments is the prerogative of the Executive arm of government; ratification of such instruments is done by the Legislature.
The FCTC was duly signed by Nigeria – authorization to do so having been made at a duly constituted meeting of Nigeria’s Federal Executive Council.
Ratification of international instruments on the other hand is a function of the legislative arm of government. The Executive presents signed international instruments, to the Legislators (in the case of Nigeria, to the Senate and House of Representative) for ratification.
HOW WAS THE RATIFICATION ATTAINED?
Tobacco control activists across Nigeria were engrossed in ensuring that we were not left behind in becoming one of the first 40 countries to ratify the FCTC. Towards ensuring ratification, different activists and advocates were focused on different legislators and other relevant policy makers. As such when the announcement was made of Nigeria having deposited the instrument of ratification, we were all engulfed in the euphoria of the moment and the positive advantages that would accrue to our country (and probably our prestige amongst international colleagues) by virtue of the ratification it obviously skipped our minds to ask two pertinent questions: How and When?
BACKGROUND
We first stumbled across the hint of non-ratification by Nigeria in the course of our RITC sponsored research project on “Empowering Civil Society to become effective advocates for the ratification/accession of the FCTC in the West Africa sub-region”, as some legislators seemed rather ignorant of what they ought to have ‘ratified’.
Following palpable animosity displayed by some federal legislators towards the FCTC in the course of a recent Public Hearing on a draft tobacco control bill, we undertook a more detailed study of the legislative records of proceedings for the period immediately preceding the ‘deposition of the instrument of ratification’ by Nigeria.
We were embarrassed and stunned by our findings - the FCTC (either as an entity, in whole or in part) has never been presented, debated upon or approved by neither the Nigerian Senate nor the House of Representatives acting jointly or severally. Legally and technically speaking Nigeria COULD NOT AND HAS NOT ratified the FCTC. HOW COULD THIS HAVE HAPPENED?Under the immediate past rulership of General Olusegun Obasanjo,(during which period the FCTC was purportedly ratified), due process and rule of law were distant from the regimes priorities. Countless blunders were made with regards to international legal instruments – one of the most apparent being the ceding away of some parts of Nigeria (Bakassi area) to Cameron by Executive fiat. The current regime of President Yar’Adua had to revert and represent the matter for Legislative approval to correct the anomaly.
In my thinking a ‘zealous’ bureaucrat at the Nigerian mission to the United Nations headquarters must have dipped hands into his drawers, brought out a pre-typed ‘instrument of ratification’ and probably added the name “Framework Convention on Tobacco Control” to the instrument, deposited same at the appropriate place for the deposition of ‘instrument of Ratification’ and pronto, Nigeria had ratified. Is this what a Ratification should be like? Definitely No!
IMPLICATION OF NON-RATIFICATION WHILST MASQUERADING AS A STATE PARTY TO THE FCTC.
All international instruments duly ratified by Nigeria (signed by the Executive arm and approved by the Legislative arm of government) automatically become a component part of our domestic legislations. In the case of the FCTC, it would have been possible for an interested party in Nigeria to sue the Government of Nigeria compelling it to show plans or actions towards attaining some of the time-bound specifications contained in the FCTC.
Non-Ratification means that the FCTC is unknown to the Nigerian legal system and cannot found any action in a Nigerian Court.
This situation is unfortunate and I am very sure the tobacco multinationals based in Nigeria would be laughing themselves silly at our folly.
THE WAY FORWARD.
Nigeria’s status (not ratified) with regards to the FCTC should be properly reflected to serve as an impetus to ensure the Ratification of the FCTC by Nigeria.
WHY NOW?
With Nigeria’s recent election as a non Permanent Member of the Security Council for the next one year, we are provided with a unique opportunity to ask the current regime in Nigeria to live up to Nigeria’s ranking in Africa by Ratifying the FCTC – I will bet you such pressure works like magic where we come from.
Recent fraternization between our Government and tobacco multinationals operating in Nigeria (symbolized by the recent Nigerian business delegation to the Gulf Arab States led by our Vice President, wherein British America Tobacco Plc and two other companies were showcased) highlights the reality that those in government are not unaware of the anomaly of Nigerians listing on the FCTC as a country that has ‘ratified’ the FCTC.
It must be done right for it to be useful and meaningful!Are there any other African countries or other jurisdictions in similar situations? I will like to hear from advocates from such countries and other legal experts on how to overcome this bizarre situation.
I also look forward to discussing the matter at the forthcoming Lawyers Circle workshop on the FCTC scheduled for Nairobi Kenya.
Regards
Eze Eluchie, Esq
People Against Drug Dependence & Ignorance (PADDI Foundation)
1st Bus Stop Road
(Kilometer 4, Owerri – Onitsha Road)
Irete, Owerri
Imo State
Nigeria
Tel: 234-83-303686234-8023237448
http://www.paddi.globalink.org/
SOURCE
Friday, October 16, 2009
BRITISH AMERICAN TOBACCO INTENSIFIES INDIRECT ADVERTISING
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.
Disease is worst enemy of a man's best friend
Wednesday, October 14, 2009
News Alert: Osun State
The Journey...
More detail to come...