“WHO BENEFITS FROM THE TOBACCO INDUSTRY?”

BY SANDRA P. MACHIMA

DESPITE numerous efforts to ensure a free generation from smoking in Zambia, the process of enacting a law to safeguard public health appears to be under threat as a result of interference from entities benefiting from the product at the expense of people’s lives.

Deaths from tobacco-related illnesses are the most preventable and therefore, curbing tobacco-related diseases is a primary entry point towards achieving the global goal of ending the scourge.

However, World Health Organisation Framework Convention on Tobacco Control (WHO FCTC) was developed as a global response to the globalization of the tobacco epidemic, to reducing the rates of uptake and consumption of tobacco to save lives.

Zambia ratified the WHO-FCTC in May 2008 and began enacting the Tobacco Control Bill in 2009, a legal instrument to help fight the tobacco epidemic.

The challenge is that since 2010, when the Bill was presented to Cabinet, there has been back-and-forth movement, indicating lapses. It is a clear indication that the Bill faced interference from tobacco giants who were making profits at the expense of protecting public health and a comprehensive Tobacco Control Bill still awaits approval but has been hindered at the progression stage.

However, information has emerged that a number of individuals are reaping the rewards of the tobacco industry’s profits by supporting misleading information because they are beneficiaries.

 And some faces had been sitting on different boards including the industry’s board to influence the delays in the life saving bill for their ‘personal’ gains and such has further attributed to  derailed process of enacting the law on account that they had shares at the individual level and had been sitting on the tobacco boards for their personal benefit at the expense of the poor Zambians who could not even manage to access health needs.

“The bottom line is that the passage of the Tobacco Control Bill will result in a decline in the consumption of tobacco products and a decline in the social suitability of smoking and such spells nothing but bad news for the industry’s profits,” one of the sources said.

However, there has been sharing misleading information about tobacco control bill, with conflicting statements from senior government officials.

Recent reports revealed that the tobacco control Bill underwent a second internal legislation where one group of ministries refused to support the bill due to differences in the working multi sectoral group within the government.

In a related development, Commerce, Trade and Industry Minister Chipoka Mulenga was on record having appeared on the radio programme dubbed ‘Red Hot Breakfast’ on Hot FM radio, on 2 April, 2024, and claimed that the tobacco control Bill has been withdrawn for further consultation because it threatens to “collapse” the economy.

The senior official alleged that the tobacco industry needs to grow on account that over 90 percent of tobacco grown locally is being exported to make money and the tobacco control bill will ban production and denying the country revenue.

He further said there was no need to eliminate the tobacco industry, but urged the public to use it responsibly, saying the Tobacco Control Bill has to be reviewed, considering input from medical and industry experts with the goal of finding a balanced approach that addresses concerns while preserving the industry’s viability.

“I have listened to medical experts and industry experts. There should be a win-win situation for everyone,” said Mr Mulenga.

But a source who sought anonymity said it was sad and a source of concern that protecting the tobacco industry was more important for the minister than preventing the 7,000 deaths related to tobacco causes.

‘The cost-benefit analysis of the tobacco business shows a net loss to the country’s economy as more people suffer and die from tobacco use compared to any benefit it is projected to bring to the economy.’

According to Investment Case for Tobacco Control in Zambia, the implementation and enforcement of the six tobacco control measures will help avert ZMW 685 million in healthcare expenditures over 15 years and about 40,000 lives will be saved.

And the Regulatory Impact Assessment indicates that if the tobacco control bill is enacted, it would reduce the number of deaths and also gain continued economically.

Currently, the government is losing about ZMW 2.8 billion annually to treat tobacco-related illnesses, which equals 1.2 percent of the country’s gross domestic product (GDP), according to the investment case for tobacco control in Zambia, while the industry is contributing 0.04 percent to the country’s GDP, and such could not equate to what the Industry was contributing to the economy annually.

As it is now, ZMW 154 million in healthcare expenditures per year, which if the bill was enacted the country would save more and channel resources to other productive areas.

The evidence is clear: reducing tobacco use improves the economy and health as more people will be saved and no amount of money can buy life.

Initially, the bill is not meant to ban the production of tobacco in Zambia as perceived by the tobacco industry but merely aimed at regulating the usage of tobacco products.

The perception that implementation of the WHO FCTC and tobacco control measures will ban the production of tobacco in Zambia were advanced by the tobacco industry, which has been eager to promote claims regarding the profitability of tobacco farming.

The industry had been claiming that the WHO FCTC requires parties to end tobacco production, but instead, Articles 17 and 18 of the WHO FCTC does not seek to end tobacco cultivation but rather support farmers who wish to transition from tobacco farming to livelihoods that are more profitable and sustainable.

The industry further hosted the 2024 Africa Regional Meeting that brought together members of the International Tobacco Growers’ Association (ITGA) from Malawi, Tanzania, Zambia, and Zimbabwe, along with supply chain partners from around the world in Lusaka.

The focus was on the ITGA to develop contact between tobacco growers around the world to combat anti-tobacco growing campaigns internationally and nationally and to ensure that the legitimate interests of tobacco growers are adequately considered by national and international policy-makers and also to enhance information exchange on technical and market factors, publicize the socio-economic importance of tobacco in terms of employment, agricultural development, and national economic benefits.

During the same gathering, the Minister of Agriculture, Mr. Reuben Mtolo Phiri, was represented by Paul Mumba, Chief Economist in Policy and Planning at the Ministry of Agriculture, who officially opened the meeting by stating that “investing in value addition is key for Zambia’s future”.

The question that begs an answer is; will Zambia be able to meet the Ministry of Health’s Universal Health Coverage, which is a top of the global health policy agenda and adopted as part of the Sustainable Development Goals (SDGs), with hindrances on the laws such as the Tobacco Control Bill aimed at protecting people from harms?

Nearly 16 percent of Zambians currently consume some form of tobacco products, with a significantly higher prevalence among men at 24 percent and women at 7.8 percent, and its effect has resulted in many illnesses such as lung cancer, stroke, heart diseases, and mental health challenges.

This indicates that tobacco use causes problems in Zambia far beyond what the industry was contributing to as the number of cancers has continued to increase, and loss of lives could not be compared to people who are only interested in making profits.

Tobacco companies have worked hard to develop a system of front groups and allies to influence their agenda by carrying supportive message.

This is also evident in the 2023 Zambia Tobacco Industry Interference Index, in which the National Pension Scheme Authority (NAPSA) and the Public Service Pension Fund (PSPF) hold shares in the British American Tobacco Zambia Limited, with NAPSA holding a 3.01% share, while PSPF holds a 3.77% share in the company, with almost the same faces appearing as board members for respective institutions and exchanging roles among themselves.

This entails that the Zambian people were indirectly contributing to the tobacco industry, a situation that calls for the government to step in and protect its citizenry.

Working with various stakeholders to advance their agenda, the Industry engaged various entities such as the Zambia Chamber of Commerce and Industry (ZACCI) which is regarded as a regulator of prices and representing businesses across all the sectors in the country’s economy, and the Zambia Association of Manufacturers (ZAM) whose mission is to see the growth in the manufacturing industry. ZACCI has a role to consider the legislation enacted or proposed affecting or likely to affect either directly or indirectly any trade, commerce, and industry. They are the institutions promoting their legal backing to ensure its success.

Barely few weeks ago after the Minister of Health Elijah Muchima assured that Zambia has made progress in domesticating the WHO Framework Convention on Tobacco Control (WHO FCTC), which is aimed at protecting public health, instead the cabinet approved the issuance of The Tobacco (General) Regulations, 2024 to fully operationalize the Tobacco Act No. 10 of 2022 in support of the Industry. The recent cabinet decision has raised concerns regarding the government’s commitment to the tobacco control bill, as it was left out from the bills that will be presented to Parliament as it resumes sittings on 13^th September, 2024.

The Minister of Health was on record having said the Government was pursuing comprehensive tobacco control legislation to avert the growing trends in tobacco use, particularly among young people, and that the law will help propagate harm reduction strategies that aim to improve the health of the population by reducing the consumption and exposure to tobacco and nicotine products as exemplified by the trend of smoking shisha and other related cigarettes in public places like malls.

He said this during the launch of the Tobacco Control Aerobics Mania hosted by the Centre for Trade Policy and Development (CTPD) and other civil society organizations advocating tobacco control in Zambia.

According to the latest Global Tobacco Industry Interference Index of 2023, Zambia is among the 90 countries ranking poorly within the documents and the status of the Government’s efforts in protecting public health policies from commercial and other vested interests of the TI under the World Health Organization Framework Convention on Tobacco Control (FCTC) Article 5.3.

Tobacco control advocates have been viciously engaging lawmakers on the need to push for a life-saving law, but to no avail as the tobacco industry continues to apply its tactics to interfere with the process and challenge the passage and implementation of comprehensive tobacco control policy.

Meanwhile, on the speak out on tobacco, Zambia National Public Health Institute ZNPHI) Director General Roma Chilengi noted that enforcing regulations and encouraging responsible behavior within the tobacco industry are two more ways to stop kids from using tobacco.

‘Supporting the bill represents, in summary, an investment in the long-term health and sustainability of the Zambian people as a whole.’

He further said investing in tobacco control measures is not only a sound public health strategy but also an economic imperative on account that enormous healthcare costs associated with treating tobacco-related illnesses place a significant burden on healthcare systems and taxpayers.

World Health Organization (WHO) further argues that the tobacco industry threatens not only public health but also causes economic strain and next-generation addiction and also seeks to sabotage health policies, affects the environment in negative ways through promoting misleading narratives and taking advantage of loopholes to sabotage the tobacco control process.

Several public health tobacco control initiatives that have been put in place to ensure the country has a law that regulates the production and usage of tobacco to protect the public from its harms, but Zambia like any other countries is not exempted from the tobacco industry interference which is using its tactics, such as misleading information to ensure their business was not hindered by any laws.

The tobacco control bill advocates charged that the bill will boost the economy and jobs contrary to the narrative peddled by the tobacco industry that it will lead to job losses and a collapsed economy.

And a youth advocate James Mwilu said in an interview that claims by the tobacco industry on job losses were unfounded on account that the majority of youths who were working in most of those companies were regarded as general workers and therefore protecting their lives from the harms of tobacco could not equate to the little they were offered.

He further said most of the youths are addicted to the same products they are producing, adding that the claims by the industry should not ignore the fact that a decline in spending on smoking often leads to increased spending on other goods and services to improve their livelihoods.

Despite the tobacco industry’s interference, Article 5.3, to protect tobacco control policies from the ‘commercial and other vested interests of the tobacco industry, has been playing an increasingly significant role in protecting the public health against the tobacco industry’s interests.

The tobacco industry has for long been opposing any measure that attempts to regulate its product, its marketing, pricing or social acceptability.

Having enjoyed public favours through its alleged activities in Zambia the long delay in the filling of the Bill has benefited the tobacco industry by increasing its business.

The Tobacco Industry still feels that its presence is more beneficial than any other arguments, and they have continued to champion its agenda with misleading information to divert people’s attention from reality using its tactics, such as new products on the market they want to make people believe that they are not harmful, such as  shisha and vaping products that come in different forms such as e-pipes, vape pens, mods and e-hookahs among others.

The industry has simply redirected its ‘greedy’ marketing practices towards the lucrative emerging markets in Africa, including Zambia, using manipulative tactics to make people believe that their new products were not harmful. The tactics are designed to shift the focus away from the industry’s responsibility and to delay public health interventions.

Now, Lusaka has become a hub of new emerging products and most of the public places are stocking those products that have been introduced to market and targeting young people in the name of fashion.

However, tobacco advertising, marketing, and sales have increased as there are no regulations, and it has increased the importation of new tobacco products e-cigarettes, and vaping gadgets.

In a random check, it was discovered that the target areas are shopping malls and market places, where a lot of people frequent and were displayed publicly to attract customers.

Based on the tobacco industry assumptions, they claim that the new products have tobacco harm reduction and such has been used as a public health strategy to minimize the negative health impact of conventional cigarettes and recognizes the important role that alternative sources of nicotine with lower health risks offer.

A possible area of enhanced tobacco industry activity in response to the FCTC is its renewed efforts, and investments, in so-called ‘reduced harm’ tobacco products. In the past few years there has been an increase in industry statements fostering their image as a stakeholder in tobacco control through the creation of allegedly less harmful products. 

 According to British American Tobacco, it has widely acknowledged that most of the harm associated with smoking is down to the toxicants in the smoke produced when the tobacco in the cigarette is burned.

The said ‘reduced harm’ strategies need to be seen in the context of tobacco industry’s long history of manipulating cigarette ingredients to increase its appeal, as well as its disagreement to policy measures implementing of Articles 9 and 10 of the WHO-FCTC.

But scientific evidence has linked the use of e-cigarettes to serious health conditions such as respiratory and cardiovascular diseases, saying smoking shisha an hour can equate to 100 sticks of cigarettes and was now the most dangerous product as young people are attracted to its flavours.

Early this year, during the Global tobacco control conference in Panama, WHO FCTC Head of the Secretariat Dr Adriana Blanco Marquizo warned of the increasing availability of novel and emerging nicotine and tobacco products because of the tobacco industry disingenuous messages portraying the products as harmless.

Dr Marquizo said, these are, “becoming a very troubling problem with an alarming increase in the use of these products by young people. Part of this increase is due to disingenuous tobacco industry messages portraying these products as a replacement for real tobacco control measures, as the industry again tries to claim a seat at the table – as part of the solution to an epidemic that the industry created and continues to sustain.”

And Some youths spoken to in the streets of Lusaka (Kay Kalenga) claimed that shisha was smarter and not as harmful as the common type of smoking.

“All I know is that shisha is harmless because nicotine has been reduced, and we can smoke it without any worries as opposed to common smoking (roll-on smoking).

And Davy Mukuka claimed that the products used in flavoured shisha were reduced as opposed to direct products found in traditional smoking and that shisha smoking was modern and taste.

All those claims were because of the misleading information from the industry to influence their target audience (youths) who are the majority.

And Zambia Consumers Association (ZACA) executive secretary Juba Sakala has expressed concern about the derailed Bill, saying the document should have been treated as a matter of urgency looking at how young people were abusing smoking and other illicit substances.

Mr. Sakala said the Tobacco Control and Nicotine Bill was one of the important documents and that it must be enacted immediately to expand current regulations and strengthen enforcement to increase compliance without interference from the industry.

To prioritize public health and align with Article 5.3 of the WHO Framework Convention on Tobacco Control, the government needs to stay away from tobacco industry investments

Zambia faced growing rates of tobacco use and related noncommunicable diseases, and if this law sees the light of day, it will align with the country’s commitment to attaining the aspirations of the WHO-FCTC.

Therefore, passing Tobacco Control Bill is a critical step to defend Zambia’s right to health and economic growth as strong tobacco control policies are essential to addressing the ever-increasing Non-Communicable Diseases burden and will support sustainable implementation.