7th Assembly: The National Tobacco Bill as public health legacy

By Muhammed Yinusa

A national newspaper in a special report published on May 3, 2015 drew public attention to some critical bills  that may not make it to become laws as a result of the imminent winding down of the  Seventh National Assembly.

The media report titled “Fate of Critical Bills Hang As 7th National Assembly Ends” listed the National Tobacco Control Bill (NTCB), State of the Nation Address Bill, Creation of States Bill, Petroleum Industry Bill and Violence Against Persons Prohibition Bill as those that should be completed before this Assembly closes because of their potential impact in national development.

Of the five bills, the Senate on May 4 passed the Violence Against Persons Prohibition Bill raising hope that the remaining four bills may soon get necessary attention. But, for the purpose of this piece, I will concentrate on the National Tobacco Control Bill; one bill that has been a recurring decimal at the National Assembly since 2007.

The National Tobacco Control Bill as its citation suggests, seeks to regulate   the manufacturing, advertising distribution and consumption of tobacco products in Nigeria. Its major highlights include prohibition of smoking in public places, ban on all forms of direct and indirect advertising, prohibition of sales of cigarette in single sticks and mass awareness about the dangers of smoking.

It is worth mentioning that the National Tobacco Bill is one that has enjoyed tremendous support from the Nigerian public. Survey after survey have put public support for the bill at above 80 per cent.  The most recent by NOI Polls shows that over 90 per cent of Nigerians support tobacco control measures. At the various public hearings organized by both the House of Representatives and the Senate, interest groups including public health professionals have spoken in support of the bill. Nonetheless, one continues to wonder why such public interest bill had to suffer neglect and delays.

Globally, the tobacco industry has covertly worked to undermine any effort by governments to enact laws aimed at reducing smoking. The tobacco industry hold very dear an objectionable mantra which promotes the supremacy of profit above human lives and well- being. The industry’s seen and unseen hands in setting back the wheel of progress as regard the tobacco bill is real and palpable. Our parliamentarians need to stand strong for public health and not those promoting addiction of our children.

As works on the bill intensifies, several articles have emerged attacking some sections of the bill particularly that which mandates government to protect public health from the tobacco industry. That section of the bill which is a direct adaptation of the World Health Organisation’s Framework Convention on Tobacco Control (FCTC) recognizes the negative impact of decades of negative influence by the industry and recommended that nations ensure that for their laws to be effective they should keep the industry off the table.

Nigeria is a party to the FCTC and signatory to the FCTC Article 5 .3 which states clearly that “In setting and implementing their public health policies with respect to  tobacco control, Parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law”.

For any tobacco control effort to succeed, such effort must incorporate very thick insulators to protect it from assaults of the tobacco industry. The tobacco industry which is the purveyor of diseases and deaths, is rabidly opposed to laws that will lead to reduction of their profits.  The primary business of the tobacco industry   is to sell more and more cigarettes sticks.      The industry has nothing positive   to contribute to tobacco control efforts. While they openly mouth their so called “willingness to accept regulation”, they sponsor front groups to undermine the process.

Another issue that has also been hotly debated is the issue around Designated Smoking Areas (DSAs). Again it suffices to refer to the FCTC benchmark.

Article 8 of the FCTC recommends that Parties to the treaty adopt effective legislative measures “providing for protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate , other public places.”

The implementation Guidelines for the Article was more explicit as it  states that “ approaches other than 100 per cent smoke-free laws environments, including ventilation, air filtration and the use of designated smoking areas… have repeatedly shown to be ineffective and there is conclusive evidence, scientific and otherwise , that engineering approaches do  not protect against exposure to tobacco smoke.”

Globally experts are in agreement that smoke-free laws if they are 100 per cent   will reduce exposure to secondhand smoke and help smokers quit. More and more countries have gone 100 per cent smoke-free and Nigeria cannot afford to be different.

As we await key decisions of the National Assembly on this very crucial bill, there is no better time for the message for a strong and effective tobacco control bill. This assembly, by passing a bill that will ultimately reduce deaths and diseases from smoking would have bequeathed an indelible  public health legacy.

Yinusa, a public health researcher, writes from Kano.