By Linda Soko
Despite Zambia being a party to the WHO framework convention on tobacco control (WHO-FCTC) since May 23, 2008, powerful tobacco industry companies and some government departments opposed to the tobacco control bill are reportedly delaying its passage into law, sources have told MakanDay.
The enactment of the tobacco products and nicotine products control bill would result in stricter measures, including more stringent bans on tobacco advertising, higher cigarette taxes, the introduction of warning labels, anti-tobacco mass media campaigns, plain packaging of tobacco products, and bans on smoking in public places, all in line with the WHO framework.
One source noted that any legislation perceived to reduce or lower profits for tobacco companies is viewed as a threat and thus faces strong opposition.
According to the company registration records, some government-owned institutions, including the local authority superannuation fund (LASF) and the public service pension fund (PSPF), currently hold shares in British American Tobacco Zambia PLC. LASF maintains 5,000 shares, while PSPF holds shares worth 8,000,000 in the company.
Initially drafted in 2010, the bill has faced repeated delays while the country grapples with the alarming impact of tobacco-related illnesses, including cancer and other health issues. According to the health ministry, tobacco kills 7,142 Zambians annually—that is approximately 137 deaths per week and nearly 600 deaths per month—resulting in the loss of 104,611 years of life.
The 2019 ministry of health investment case for tobacco control in Zambia report highlights that these deaths are primarily due to cancer, cardiovascular disease, respiratory illnesses, and other tobacco-attributable diseases.
“Sixty percent of annual deaths from tobacco occur among individuals under the age of 70; 800 deaths each year are due to second-hand smoke exposure. Zambia’s poorest and least educated are the most likely to consume tobacco,” the report states.
The investment case aims to help Zambia advocate for fuller implementation of the WHO-FCTC by providing the government with a set of advocacy tools. These tools are intended to influence policy makers within and beyond the health sector, encouraging them to appreciate and make informed decisions regarding the health and economic benefits of implementing tobacco control measures.
Personal testimony
Prince Nosiku, 36, a chain smoker, shared his smoking experience. Nosiku said he started smoking in grade 11, and quitting has proven to be a serious challenge. He smokes about six to seven cigarettes per day, and it’s the first thing he does when he wakes up.
He is very much aware that smoking has adverse effects on his body and that one day he might lose a body part to cancer, but stopping has been a challenge. “It’s like playing a game with death,” he added.
He urged the government to reduce the sale of tobacco, emphasising that regulations should start at the point of sale, where cigarettes are easily accessible, even to young children. He noted that some cigarettes are sold for as low as 50 ngwee.
Economic toll in figures
The substantial economic toll of tobacco, amounts to ZMW 2.8 billion annually, which equals 1.2 percent of the country’s gross domestic product (GDP), according to the investment case for tobacco control in Zambia.
This figure covers two main cost components – ZMW 154 million allocated to healthcare expenses and ZMW 2.7 billion attributed to diminished productivity resulting from premature mortality, disability, and workplace smoking.
Notably, the overwhelming majority (94.5 percent) of these costs are from productivity losses directly associated with current tobacco use in Zambia. This statistic underscores that tobacco-related issues extend far beyond the confines of the healthcare sector.
These numbers highlight the urgent need for effective legislation to address the pervasive impact of tobacco-related diseases on public health in Zambia.
By ratifying the tobacco framework, Zambia is obligated to reduce tobacco use through both demand and supply reduction measures. The recommendations outlined by the framework convention on tobacco control are crucial in curbing tobacco use and its harmful effects.
The wait continues
The bill, initially drafted in 2010, has undergone comprehensive reviews over the past 14 years due to the need for additional revisions and extensive consultations in a “consensus-building” phase involving various stakeholders.
A source at the health ministry, who is not authorised to speak to journalists, explained that the ministry is committed to ensuring the bill is passed into law, given the significant costs of medicines and the high incidence of cancer and other tobacco-related diseases in the country.
“It is unfortunate that other ministries, such as the ministry of agriculture, the ministry of commerce, trade and industry, and the ministry of finance, are not in support of the bill due to economic benefits. There is a misinterpretation of the clauses in the bill, but we hope it will reach a point of compromise,” the source explained.
He disclosed that substantial influence and lobbying efforts have slowed down the legislative process, hindering the enactment of this crucial public health measure.
CSOs have their say
Civil society organisations (CSOs) say their actions are currently constrained by the lack of adequate legal provisions to support their initiatives. Despite efforts to raise awareness about the dangers of tobacco and advocate for control measures in collaboration with the public and government at various forums, the absence of a solid legal framework undermines these efforts, according to tobacco advocate Professor Fastone Goma.
Prof. Goma emphasised that without a robust law to anchor their fight against tobacco, CSOs risk being perceived as ineffective complainers rather than enacting real change.
Another advocate, Master Chimbala from the Master Chimpala Foundation, noted that the country has experienced slow progress in the enactment of the bill over the past 16 years. He added that the tobacco industry’s success relies on encouraging frequent smoking with little regard for the consequences.
Chimbala said the industry’s strategy is to intensify its actions, as this directly correlates with their profit-making, and reducing consumption means reducing their profits.
“The primary focus of every boardroom conversation among tobacco companies and their allies, who often serve as their mouthpieces, is maximising profits,” said Chimbala. “Any legislation that aims to reduce or lower these profits is seen as a threat to their very existence, which they falsely equate to the downfall of society.”
Additionally, he explained “we are not advocating for a complete ban on tobacco, as we recognise it is a legal product. Instead, we are pushing for regulation and control, which is why the tobacco control bill is necessary”.
The tobacco control bill covers six policies that, upon implementation, hold the potential to significantly decrease tobacco usage in Zambia. These include elevating taxes on tobacco products to reduce their affordability and implementing stringent regulations to prohibit smoking in public spaces, safeguarding non-smokers from exposure to harmful second hand smoke, among others.
The 2023 Zambia tobacco industry interference index report, compiled by the tobacco free association of Zambia, highlights the persistent delays in implementing the tobacco control bill of 2018. Instead, the tobacco board of Zambia (TBZ), which aims to control and regulate the production, marketing, and export of tobacco in the country, collaborated with the tobacco industry to spearhead the passage of the Tobacco Act No. 10 of 2022, significantly favouring industry interests.
The Act outlines provisions for the promotion, regulation, and oversight of tobacco production, marketing, and packaging within the country. It ensures the continuation of the TBZ while restructuring its composition and expanding its functions. Additionally, the Act introduces measures for the imposition and collection of levies on tobacco cultivated in the Republic.
Notably, it supersedes and replaces both the tobacco Act of 1967 and the tobacco levy Act of 1967.
The tobacco Act garnered substantial support from members of parliament, leading to its successful passage.
The index report also shows that some government institutions currently hold shares in British American tobacco company. Critics argue that urgent divestment from these holdings is essential to underscore the government’s dedication to preserving public health and diminishing the influence of the tobacco industry.
Acting TBZ executive director Tyndale Kasongole clarified that the tobacco control bill and the tobacco Act No. 10 of 2022 differ fundamentally due to their distinct objectives. Kasongole emphasised that the goal of the tobacco Act No. 10 of 2022 primarily centres around fulfilling the country’s mandate related to the promotion, regulation, and monitoring of the production, marketing, and packaging of tobacco in the country.
He elaborated that the tobacco control bill, however, primarily addresses the aspect of consumption. Kasongole highlighted the confusion arising from the term “tobacco control,” noting that it’s an extensive, generic term that encompasses various aspects of the tobacco industry.
“In essence, while the tobacco Act No. 10 of 2022 is primarily concerned with the production, marketing, and manufacturing of tobacco, the tobacco control bill specifically targets the regulation and management of consumption within the broader context of the tobacco industry,” he said.
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