A CASE FOR THE ANTI TOBACCO BILL IN THE NATIONAL ASSEMBLY

By - Seun Akioye

I happened to be at the public gallery of the Senate Chambers the day distinguished Senator Olorunnibe Mamora presented his historic anti-tobacco bill in the National Assembly. In his lead debate he made justifications on why the bill should be passed. One of such is the increasing and alarming rate at which young people take to smoking currently. He mentioned the fatality rate of two persons dying every day due to a tobacco related illness and which came to light during a recent survey in eleven Lagos hospitals.

Senator Mamoora, also noted that it takes an average of 20 years for the full impact of smoking to manifest and take its deadly toll and if the causalities that we see now are a result of past smoking habits one wonders what would become of our public health in 20 years time. He mentioned some of the goals of the bill which include; protection of the nation’s public health and protection of young people and others from inducement to use tobacco and tobacco related products by restricting access to tobacco.

Over ninety eight per cent of the Senators spoke in strong support of the bill. One is humbled by the level of awareness and commitment of the lawmakers to bestow public health legacy to the next generation. Infact, Senator Chimarooke Nnamani took time to lecture the senate on the dangers of smoking. The senate also noted that tobacco industry has the strongest lobbying team in the world and may want to jeopardize the bill. To forestall this possibility, Senate President David Mark, directed the Senate Committee on health to expedite action on the bill and return it to the chambers in two weeks. It is sad to know that the lobbying by the industry that the senate was so wary of has already started.

Writing in the Vanguard of February 18th 2009, one Tayo Olatoye exercised his fundamental rights to begin a campaign against the bill. First, I commend Olatoye for fully disclosing his identity. He is the Associate Consultant/Account Director, Quadrant Company. The Head Consultant, Quadrant, Bolaji Okusaga had in an earlier media interview revealed that the company is the main publicists for the British American Tobacco Company though he also admitted that “BAT account has been a bit challenging.” So we know who Olatoye speaks for.

That Olatoye merely regurgitate BAT lines is not surprising. What is worrying is his attack on Nigeria’s sovereignty. I also find it difficult that a Nigerian could publicly argue a legislation whose aim is to combat the health impacts of smoking.

Olatoye made a wobbly mention of the Framework Convention on Tobacco Control(FCTC) and the Conference of the parties held in Durban in November. For clarity, the FCTC is an international treaty for the regulation of the manufacturing, marketing and distribution of tobacco products. The treaty was initiated by the World Health Assembly (WHA) in accordance with it’s mandate of promoting highest standard of health globally. The FCTC currently has 162 Parties including Nigeria. Nigeria signed the FCTC on June 28, 2004 and ratified on October 20, 2005. The treaty entered into force on February 27, 2005. Since Nigeria is a Party to this treaty she is obligated to domesticate its provisions. That is what Mamora’s bill seeks to achieve.

In his article, Olatoye said the tobacco control bill would discourage foreign investment. Olatoye also claimed that the legislation would affect the livelihoods of about 2,500 direct employees of BATN and over 300,000 others like retailers, farmers and suppliers.

Olatoye should correct his data. The publicist actually cried more that the bereaved. BATN on its website admits it employs only about 900 people for its entire operations. Where did Otatoye gets his 2,500 figure? The farmers Olatoye alluded to are simply highly impoverished farmers who also grow other crops apart from tobacco. Secondly, the 300,000 retailers he mentioned are the Malams and the itinerary traders who sell different types of consumer products of which cigarette is just one in a thousand.

Personally, I have been involved in close monitoring of the activities of tobacco companies and I have evidences to prove that BAT impoverishes families and encourages the use of children on tobacco farms. A simple survey carried out on the so called retailer’s show that cigarettes only form a tiny part of the overall products they sell. Take away cigarettes and it will not affect the overall income. This is the irony Olatoye celebrates as poverty alleviation when the company he represents has done more to improvish Nigerians in the last couple of years. We will not see the full extent of the so called BATN $150 million investment until about 20 years time when the kids of today now grown adult begin to get sick, in 20 years time when government begin to spend scarce resources to treat them and when hitherto promising Nigerians die because of tobacco related sickness.

If the Olatoye takes the time to read Mamora’s bill, he will see clearly that there is space for the Standards Organisation and the Advertising Council of Nigeria in the regulation of tobacco industry. What Mamora’s bill seeks to achieve is the regulation of tobacco as a means for promoting public health. The lead institution for promoting public health is the Federal Ministry of Health working in collaboration with other stakeholders. That is what Mamora’s bill recommend, that is the practice worldwide.

At this point, i will like to remind people who might be working for BAT like Olatoye that the same company has signed an agreement with the Food and Drugs Board in Ghana to prohibit all forms of tobacco advertising and promotion including branding of vehicles or point of sale, the yearly registration of each product at a yearly fee, health warning to include pictures to cover 50 per cent of the display area. The packs must carry “for sale in Ghana.”

Also this month, BAT agrees to comply with Mauritius government directive that cigarette packs must carry pictorial warnings to cover 65 percent of the display area. Mamora’s bill is recommending 50 per cent of the display area.

Besides, the United States government this month raised Federal taxes on tobacco products to 62 per cent. That excludes state taxes. New York state for instance, has a tax of $4.64 on each pack.

Olatoye’s argument about cigarette production as a way of diversifying Nigeria’s economic base in laughable. What he recommends is that Nigeria should continue to invest in a product that is rejected globally. That is warped economics. Cigarette sale is plummeting in most parts of the world. Even tobacco companies are diversifying.

I fully support more money going into government coffers, since oil price is dropping. What i recommend is high taxes on tobacco products and the removal of all tax incentives on cigarette production. It is time government ask BAT to return what it reaped illegitimately when they were benefitting from the Export Expansion Grant (EEG) and other tax reliefs granted them under the Obasanjo administration.

What tobacco companies in Nigeria are afraid of is an enlightened citizenry who will be ready to report to the authorities anytime they breach the law. They do not want a new Nigeria where the government takes the health of the citizens as sacred. They are afraid of public awareness to empower our youth to say an emphatic no to tobacco addiction. That is why they are afraid of Mamora’s bill.

Who could ever forget how tobacco companies have taken Nigerians for fools. Who will forget the several promotions like Wild & Wet, Loud In Lagos, St’ Moritz style collection, Experience It and most recently Experience Freshness where young lungs were targeted and lured or sometimes forced to smoke. There is no country on earth that would condone such dehumanizing and terribly wicked act against its young citizens.

For the purpose of emphasise, let me list some of the key points of the bill and why every Nigerian should support its early passage. First, the bill domesticates the Framework Convention on Tobacco Control (FCTC) which is an obligation since Nigeria is a Party to the Convention, it prohibits the sale of cigarettes to persons under the age of 18, prohibits sale of cigarettes in sticks.

The bill prohibits all forms of tobacco advertisement , sponsorships and promotions, endorsement or testimonial, it prohibits the sale of tobacco products 1,000 metre radius of any place designated as smoke free, also prohibits smoking in public places. The bill also empowers the government to use litigation to recoup liabilities related to tobacco consumption.

Going by these laudable objectives, I enjoin Olatoye to join other well meaning Nigerians to support Senator Mamoora and the National Assembly in creating a holistic approach to stop this menace in our midst. In that our names will be on the honourable side when history is written.

Seun Akioye is with the Environmental Rights Action/ Friends of the Earth Nigeria.

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.

TOBACCO BILL: ...UP UP IN SMOKE?

SENATE AND THE ANTI-TOBACCO BILL

ERA Commends Senate over anti-tobacco Bill

DOWNLOAD A COPY- NIGERIA NATIONAL TOBACCO CONTROL BILL 2009

The NIGERIA NATIONAL TOBACCO CONTROL BILL 2009 is been Sponsored by Distinguished Senator Adeleke Olorunnimbe Mamora of the Lagos-East Senatorial Constituency.

A copy of the Final Version is now available for download

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