Nigeria: Tobacco Control - Danger Signals From Chief Regulator

Source from:  This Day 10/21/2014

As stakeholders in the tobacco industry gather in Moscow, Russia for the Sixth Session of Conference of Partners to WHO Framework Convention on Tobacco Control (FCTC) which started last week Monday, the news seeping out of the gathering on the future of tobacco business is everything but cheering. The global community was alarmed when the public and media representatives were thrown out of the public gallery and prevented from observing the proceedings of the conference.

Worldwide condemnation trailed the ban as observers see the action as laden with hidden agendas aimed at covering suspected corrupt policy-making processes, blatant lack of transparency, accountability and integrity. Indeed, stakeholders fear the measure would foreclose an opportunity to discuss with a group of 48 nicotine science specialists from across Europe, USA, Canada, China and South Africa who had written ahead to WHO Director General, Dr. Margaret Chan, drawing her attention to critical strategies overlooked in preparing for the FCTC COP 6 and the need for dialogue. They also suggested ten principles that should underpin the public health approach to tobacco harm reduction. While acknowledging the vital role of WHO and FCTC in reducing toll on cancer and related diseases, they noted a need for possible, practical, ethical and lawful ways to reduce the burden. The group had also pointed out innovations in nicotine-based products that can effectively substitute for cigarettes but with very little risks that may become viable alternatives to smoking in future; and which could play significant role in meeting 2025 UN non communicable diseases by driving down smoking prevalence and cigarette smoking.

Expectedly, FCTC is being accused of flouting its own rules under the cover of Article 5.3, allegedly used as alibi to shut out tobacco sectors and their sympathisers from contributing to the making of policies that affect their industry while giving unfettered access by tobacco control lobbyists to freely exercise undue influence on the body. Also worrisome was the huge amount proposed as salary in its 2015/2016 work plan and budget for FCTC/WHO staff which gives vent to suspicion of corruption, lack of integrity and insincerity on the part of anti-tobacco groups towards finding amicable cum generally acceptable solution to the issues with tobacco control. A document released on October 8, 2014 ahead of the convention showed FCTC Convention Secretariat earns a whopping $402,000 USD tax free annually while overall FCTC executive staff costs are $10,373,320 USD. Each of the 24 FCTC executive staff salary averages $216,110 USD per year tax free. The report also indicated that despite cut in two staff positions, the FCTC executive staff budget remains the same from the previous reporting year. With this development, there is no gainsaying that the policy statements from the conference which ends today would be seen to be biased.

Back home in Nigeria, the anti-tobacco campaigns are viewed with equal suspicion as it is no less a goldmine. Their advocacy activities some argue, are not borne out of altruistic considerations but a means for self- enrichment. They insist that since the launch of Bloomberg Initiative (BI) programme in 2006 with grants to support projects on tobacco control interventions through provision of funding to NGOs, civil society organisations and agencies in over 40 countries including Nigeria; with a 2008 Bill & Melinda Gate Foundation joint commitment of $500 million to the initiative and numerous other tobacco control organisations gave rise to multiplicity of anti-tobacco groups.

To support this argument, a search on Bloomberg site revealed that between 2007 to 2014, BI has doled out over $1.5 million (or about N240 million) in grants to four Nigerian NGOs namely Civil Society Legislative Advocacy Centre (CISLAC) ($197, 380 or N32 million); Tobacco Control Foundation of Nigeria ($67, 942 or N11 million); Environmental Rights Action/Friends of the Earth (ERA/FoE) with the lion share of ($1,173,859 or N190 million) and NISD ($29, 866 or N4,838,292), to conduct legislative and media advocacy campaigns and lobbying to support the passage of Nigeria's National Tobacco Control Bill (NTCB), mount pressure for Presidential Assent, support official launch of GATS release, consolidated Campaign for Passage of FCTC Implementation Bill, provide technical assistance to Parliament in the development of tobacco control legislation; focus on youths education campaign, monitor tobacco industry activities, mobilise high profile support for litigation and other tobacco control activities and strengthen the enforcement and implementation of Ekiti State Law on Prohibition of Smoking in public places. Online search on ERAs 2010 financial statement indicated that it received $904,523 in 2010 alone from different donors. Among other expenditures, the statement showed that $272,269 on Meeting and Conferences, $55,815 Campaign, Media and Advocacy while Publications and Publicity received $42,973. Head of ERA Lagos office, Mr. Oluwafemi also informed THISDAY that ERA has also won "unattached" fund to the tune of $500, 000 (about N81 million) from Ford Foundation. He however did not give details. Dr. Daniel Ochu, founder of one room Abuja- based Friends of Health Medical Foundation, an anti-tobacco advocate group, said in an exclusive interview with Thisday that most NGOs were motivated by personal gains. However, he shot himself on the foot when he said he was aware of news of alleged N100 million grants making the rounds and that he had written letters to some foreign donors with hope to receive some grants in the future.

Even with huge funds, most of these one room NGOs don't go beyond their immediate localities. However, a media insider revealed anonymously that despite this seemingly shortcoming they wield enormous power by deploying the huge resources at their disposal as political and propaganda tools to achieve their objectives. "They are so powerful because they have committed and smart media guys who understands the media working for them." Opinions differ among smokers on the benefits of advocacy. While the campaigns are applauded in some quarters, others however punctured the efficacy and modus operandi of the campaigns/campaigners dismissing them as "noise making for personal gains." This group insist that smoking was a matter of choice made only by adults who clearly understand the health implications of smoking. They added that any advocacy campaign that does not carry them along cannot be for them. "The only thing they do that involves the public physically is rally," said a source; a position Ochu affirmed promising, "the next step we want to take now is to get them involved." This position was supported by the fact that these NGOs advocate for only what they are given funds for. Said the source: "They target what they get grants for. In the last seven years, they have been funded to campaign for the passage of the Nigeria Tobacco Control Bill. If they have funds to do something else, they will target it as well." On the increased cancer cases, pundits say separating tobacco-induced cancer cases from those caused by other agents like vehicles and generators fumes could be tough. They argue that while there is no statistical evidence to back this claim, there are daily reports of people dying from fumes from generators, welding machines, mechanics and painters shops, burning gabbage dumps etc. Statistics show more deaths caused by drunk drivers and diabetes, yet nobody advocates against alcohol and beverage drinks producers? Across the global market, evidences show that stringent tobacco regulation has become a fatal failure. This reporter who recently returned from a tour of four European countries - Turkey, France, Spain and Norway - observed that the intensity at which cigarettes are smoked at public places including roads, streets, airport and shopping malls is quite high despite high prices. A Bangladesh said on TV when told about impending tax on cigarettes that his choice could not be influenced by tax and that he would rather give up food than smoking.

If taxes dont discourage smoking what then? Ochu who said his foundation had succeeded in getting about 200 people to quit smoking confessed that the successes were as a result of enlightenment rather than advocacy. "Yes, if you ban cigarettes, people will still smoke. Actually, l will say that enlightenment is more productive than advocacy." He suggested that instead government should designate smoking areas as is practiced on USA. Despite WHO's position, researches showed that imposition of taxes to combat smoking spur black market and related criminal activities as price sensitive consumers seek to evade taxation, thus, driving significant numbers of commercial activities underground. In UK, USA, Turkey, Hong Kong, Canada and some other parts of Europe, the situation is the same. In UK where 80 % of tobacco price is tax, a 2011 BBC undercover correspondent investigation revealed a high level black market tobacco industry controlled and funded by international network of organised crime gangs. The products are reported to be processed in "squalid conditions, packaged into counterfeited wrappings, hidden in concealments and posted around the world costing UK about ￡1.9 billion yearly revenue.

In Turkey, Security officials and tax analysts reported that government lost about $9.5 billion in tax revenue due to cigarette smuggling on the black market. In January 2010, government raised tobacco excise tax by 30 %, thus creating a demand for tobacco on the black market. Back in 2007, an estimated 3.9 billion cigarettes were bought on the black market. In 2013, an estimated 16.2 billion cigarettes were bought without taxes being paid. In US, 56.9 % of all cigarettes smoked in New York City and 40% in Boston are smuggled from other states where the tobacco tax is lower leading to yearly revenue loss of between $60 Million to $250 Million. In Canada, security report showed around 50 illicit tobacco manufacturers on First Nations in Ontario and Quebec, about 10 states across United States border and at least 58 organised crime groups involved in the illegal tobacco industry due to increased federal and provincial taxes. The report stated that "unlawful production, distribution and sale of cigarettes in Canada appear to have reached unprecedented levels creating challenges for public health officials, law enforcements, tax authorities, policy makers and the public leading to violent crimes and economic losses and poses threat to public health." KPMG study found estimated 65.5 billion illegal cigarettes sold in the European Union each year costing member states an estimated $16.3 billion in total tax revenue.

With the above scenario, pundits suggest that the legislature should be part of the solution by considering all angles to the matter. Interestingly, our investigation revealed huge investments being made to develop alternative products. The GATs report also showed that Nigeria has one of the lowest incidences of smoking which should be sustained by demanding for more consumer education from the NGOs and ensuring that the proposed bill does not have potential to expose consumers to more dangerous situations. If advanced western countries have had to unsuccessfully battle illegal trade despite draconian regulations, Nigeria with a dearth of manpower and logistics coupled with endemic cases of corruption and over 1,400 illegal borders where illicit trades are carried out unhindered will be worse hit. The benefits that have accrued to the country through self- regulation, responsive practices, economic contributions and community development initiatives should also be considered.