Nigeria: As Debate On Tobacco Control Rages

Source from:  Daily Independent 11/26/2014

Again, the issue of tobacco control was at the forefront recently when stakeholders gathered at the National Assembly to make contributions on the best possible way on the harmonised National Tobacco Control in Nigeria.

The senate has organised a public hearing on tobacco (Control) Act 1990 and to enact the enact the National Tobacco Control Bill 2012 to provide for the regulation and control of production, manufacturing, sale, advertising, promotion and sponsorship of tobacco or tobacco products in Nigeria and for other related matters.

Chairman, Senate Committee on Health, Dr. Ifeanyi Okowa explained that the public hearing was an opportunity for the public and stakeholders to make input into the legislative process and enrich the bill which seeks to prohibit the sale of tobacco to young persons, health warning and other information on products.

He declared that available statistics revealed that 6.4 million Nigerian adults are exposed to tobacco smoke while 5.6 percent of the population use the product. Okowa, who credited the statistics to the 2012 Global Adult Tobacco Survey, further disclosed that about 600, 000 people die globally from second-hand tobacco smoke annually.

"This bill seeks to provide legal framework for the control of production, manufacture, sale, labelling and advertising, promotion, sponsorship and use of tobacco products and exposure to tobacco smoke in order to protect the health of all Nigerians. The public hearing is an avenue for Nigerians to make their contributions into the legislative process and enrich the bill," he said.

Consequently, the Senate President, David Mark, while opening the session, had earlier stressed that the bill seeks to protect future generation of Nigerians from the devastating health, social economic and environmental consequences of tobacco use and exposure to its smoke, among others.

The Senate President represented by Senator Makarfi Ahmed, Senate Committee on Finance said, "This gathering has an onerous task of assessing issues not limited to just Tobacco distribution, sale, advertising, manufacture and sponsorship but also issues like age restriction and penalties, effects of second-hand smoke both in children and adults, smoking in public places and implementation of these regulations hereafter."

While some stakeholders are calling for ban of tobacco sales, production, manufacture and distribution in the country, the British American Tobacco Nigeria (BATN) however called for balance and fair regulation in order not to give room for smuggling and illicit trade in the industry.

However, like every other business that gives back to the society through the activities of Corporate Social Responsibility (CSR), many are calling for ban of CSR by tobacco industry. To this group, CSR serves as a way of promoting the tobacco brand and advertise the product. But analysts explain that CSR has helped to improve standard of living of people especially the masses and with the notion that government alone cannot provide social amenities and infrastructural needs of the citizens.

While supporting the creation of a National Tobacco Control Committee, the Environmental Rights Action/Friends of the Earth Nigeria (ERA/FoEN), a Non-Governmental Organisation (NGO) advocated for adoption of higher taxes and price measures to reduce tobacco consumption, enactment of 100 percent smoke-free laws that ban smoking in all indoor workplaces and public places as well as exclusion of the tobacco industry from tobacco control policies and implementation.

Nevertheless, while tobacco use is known to be of grave health hazard contributing to many deaths and also having many other secondary health implications, it has also been of immense economic benefits to tobacco companies and provision of employment.

Accordingly, BATN has paid over N213 billion in taxes to the Federal and state governments as excise and import duties, VAT, corporate tax, PAYE and other levies/charges in the past 10 years (2003 to 2013).

BATN Head of Regulatory Affairs, Shola Dosunmu, said: "We support the provisions that prohibit the sale of cigarettes to and by under-aged persons," adding, this is because "we believe that only adults who are aware of the risks should smoke. In addition, we support restrictions on smoking in clearly defined public places because there are many non-smokers who would rather not inhale the smoke from others."

Nevertheless, the firm raised some concern over some sections of the consolidated bill, which include that the bill seeks to ban the tobacco industry from undertaking Corporate Social Responsibilities (CSR) of any kind; to hand over legislative powers to the executive arm of government in the person and office of the Minister of Health.

It further frowned at the public place smoking ban with unclear definitions, and granting rights of action (locus standi) in a civil litigation to anyone to file a suit against the tobacco industry whether or not the person has a unique interest.

It also expressed concern that the bill prevented government agencies from partnership of any kind with the tobacco industry, such as cooperating to fight illicit trade in tobacco products.

Similarly, Consumer Protection Council, CPC observes that the World Health Organisation Framework Convention on Tobacco Control (WHO FCTC) does not prohibit CSR activities but urge parties to ensure that government and the pubic are informed and aware of the true purpose and scope of the CSR activities.

"In line with ISO 26000 Guidance Standard on social responsibility, council recommends that tobacco industry like other industries should be socially responsible by being responsive to the environment they operate. However, there should be a caveat in the law that CSR activities carried out by tobacco industry should not be used for marketing activities."

Also throwing his weight behind CSR by tobacco industry, Adedayo Thomas, Director of Outreach, African Liberty Organisation for Development, maintained that, "If you recognise tobacco as a legally traded product, if you collect VAT, excise payments and other forms of tax from these companies, why would you say they can't do CSR activities? Is it because the CSR activities benefit the poor masses? What is the difference from collecting money from tobacco companies to do water projects and having the tobacco companies also doing water projects? The difference, in our view, is that you will have two water projects in different locations rather than one. CSR is banned in the bill by the Federal Ministry of Health under the pretext that it is promotion," he said.

On his part, the Director of Corporate and Regulatory Affairs, BAT West Africa, Mr. Freddy Messanvi, explained that BATN has always supported the passage of a balanced and evidence-based regulation of the industry in Nigeria.

"We are unabashedly protective of the industry because it is not only about the cigarettes that we see, but also about economic development engendered by legitimate businesses such as BATN and its entire industry chain which includes farmers, retailers, among others," adding, "Very stringent regulations will make production in Nigeria unattractive. Although demand of cigarettes will not abate, this will however be met by the illegal sources and more importation of cigarettes. Jobs created will go elsewhere, and the market made more attractive for smugglers."

The senate like its counterpart in the House of Representatives equally allayed fears that the control bill was not meant to ban or chase away the legal industry, stating rather that it intends to regulate manufacturing, consumption and promotion of tobacco products in Nigeria.

"It is not our intention to drive away the legal industry but to make them operate in a responsible manner for the sake of the health of our citizens, as the hearing will strengthen the bill to address some issues confronting the health system," Okowa said.

On not accepting input from the tobacco industry on control policies, CPC said, "The council views it is not proper to deny the industry from making policies as their expertise in that respect may be required from time to time by regulatory bodies. Allowing them to have a say does not necessarily mean they would have their way. To also prohibit partnership between government and the industry may also be counter productive in the long run. There is need for partnership with the industry in the fight against illicit tobacco trade which accounts to up to 12% of global tobacco consumption and is rated as a very big tobacco player in the world.

"With few exceptions, most illicit cigarettes are either adulterated or substandard, while everyone trading in illicit cigarettes is a larger or small part of a highly organised operation run by criminal masterminds who use the proceeds to finance rackets in extortion, drugs, guns, prostitution and people trafficking. Regulatory and law enforcement agencies must necessarily partner with the legal tobacco industry to share information and intelligence on criminal activities." Enditem