PRESENTATION TO THE PORTFOLIO COMMITTEE:
TOBACCO PRODUCTS CONTROL AMENDMENT BILL
Presented by Ms Theda Leonie and Pastor Ebrahim Ishmail
Seventh-day Adventist Church
1 INTRODUCTION
1.1 Thank you, ladies and gentlemen who represent the Health Ministry of the Parliament of South Africa, for the privilege to express the concerns of the Seventh-day Adventist Church to you regarding the Proposed Amendment to the Tobacco Control Products Amendment Act.
1.2 I represent about 300,000 (three hundred thousand) members and adherents of the Seventh-day Adventist Church in Southern Africa. Among the many fundamental teachings of my church is the firm belief that respecting our health and bodies – as well as showing respect and courtesy to other individuals - is required as part of our worship to God. We furthermore believe that abstinence from harmful narcotics and drugs should be a lifestyle and thus we wish to make our presentation today.
1.3 Regulations already in place have contributed to a meaningful reduction of smokers entering the mainstream market of users. However, too little information is available to the inhabitants of South Africa regarding the threat to the health of working adults, teenagers, children and toddlers which can be interpreted as being silent consent by the Government of South Africa that tobacco companies may proceed to kill her population by the pack.
2 TOBACCO CONTROL IN THE SOCIETY
2.1 The laws which have been promulgated by the South African parliament which regulates the sale, purchase and warnings on tobacco products is commendable and ranks among the best in the world today. There is, however, room for further improvement and the Amendment Bill seeks to move towards a better administration of tobacco products.
2.2 Parliament has provided the mechanism to curtail the spread of diseases such as lung cancer and heart disease which threatens our booming economy through avoidable absences from work, draining the resources of their employers and medical aids – as well as State hospitals - when such patients cannot afford private medical treatment. The mandatory printed warnings on each cigarette pack may have limited impact but it at least stands as a warning to the user of its potential to harm, maim, injure and kill. It does not, however, warn the user that usage may cause absences from employment due to illness resultant from smoking.
2.3 Many buildings used by the members of the public are sensitive to the creation and enforcement of a smoke-free environment. But there are still cases of victims who have been diseased through the exposure to and inhalation of side-stream tobacco smoke, especially toddlers and young children who have no means of protecting themselves. Such incidents take place largely in private dwellings which also engenders potential smokers at a later age. Smokers are seen smoking at entrances to buildings such as shopping malls, puffing furiously away at their favourite pasttime. Scant regard is paid by the smoker to passing persons – inclusive of toddlers and teens – who are subjected to side-stream, dangerously nicotine-loaded smoke. This practice is irritating but remains unregulated. There are no observed prescribed portions which are clearly marked and utilised by smokers.
2.4 The curtailing of advertising tobacco products has had minimal effect on our society. The lack of advertising has not been a major contributor to the decline in the number of smokers because the bad behaviour is not taught, but caught. It should be emphasised that a great and effective method of learning is not at the feet of a teacher in a classroom context but by what the young and impressionable mind observes. Smokers should be warned that their actions, while it is their prerogative to choose their habit, that they have a civic duty to recognise the rights of younger children to avoid extremely hazardous practices which may affect the country from ensuring optimal health for all citizens.
2.5 Many new smokers come into the market not because of advertising or the curtailing thereof but through the free availability of such products in virtually every retail outlet in the country. The raising of fines for certain offenses is commendable. The lack of active policing and prosecuting have been absent up to the present, making the law impotent as it stands without legal and police support. It is anticipated that the South African law courts will accept the seriousness of the offences and impose the fines as outlined in the Amendment Bill as deterrents to law-breakers.
2.6 The tobacco industry have raised no complaints about declining profits nor has it been expressed that it is with regret that the manufacturers had to close down or downsize or lay off employees because of the lack of advertising and sales. Increases in government tax on every manufactured cigarette are absorbed by the buyer while government gains millions in the State coffers. However, while government is aware of the dangers of the usage of tobacco products, no substantial contributions are given to organisations whose aim is to create greater awareness of the dangers of tobacco smoking, offer cessation skills and assist victims whose health has failed as a result of tobacco products. It is true that new and aspiring smokers see smoking as glamorous and chic, but this delusion. Government needs to do more to promote responsible and healthy citizens, irrespective of age.
2.7 There is another subtle element which contributes to the rise in the number of new smokers in this country: subversive advertising to which many citizens of this country is exposed. Such subtlety is evident in pictures portrayed in the print media, sport stars puffing away, motor car racing and other pictures which is associated with the macho man and the successful businessman and beautiful women. The tobacco industry is still in control, without the effort of direct advertising.
2.8 Exposure to cigarette smoking seems to have become the gateway for many teen dug users and addicts. Currently, there is no control over the manner in which young children have access to tobacco products – older persons such as parents and others do not recognise that the reason for the publication of warnings on cigarette packages is as valid inside their homes and vehicles as it would be inside buildings where smoking is forbidden. Stricter control should be exercised and the rights of children, which are enshrined in the Bill of Human Rights, should be enforced. Courts should deal more vigorously and swiftly with offenders. When minor children must travel in vehicles, smoking must be prohibited by law by any and all occupants. Safeguarding the vulnerable in confined spaces such as motor vehicles is critical as a means of informing minor children of the dangers associated with tobacco smoke.
2.9 Private residences are excluded from mandatory regulations of the Act. Yet, when there is an employer-employee relationship between parties who use the same premises, the same law should apply as if the private residence is workplace. If there is a regulation and law prohibiting smoking in the workplace, then the very same regulation should apply to private residences where the occupier hires or employs another person to work inside his residence.
2.10 Very little mention is made of the pollution of the smoke caused by tobacco products. Besides the clothing, furniture, building fixtures and airways, no mention is made of the poisonous gases which escape into the atmosphere. The saying is true what goes up, must come down. Tobacco smoke rises with all of its concomitant lethal substances. Who knows where it descends and what devastation it causes our planet? While industry, together with government, seeks to regulate harmful emissions and effluent, Government should be seen to do likewise with tobacco smoke.
2.11 An emerging health consciousness among developing communities means that food producers are mandated to declare the contents of their products intended for sale to the public. Similar legislation should force tobacco companies to declare, clearly, the contents of the packs of cigarettes – with due regard to the ignition propensities and the additives therein.
2.12 The World Health Organization’s Framework and Convention on Tobacco Control should be implemented as soon as possible in order to streamline the SA Government’s implementation of stricter control over the indiscriminate usage of tobacco products.
3 CONCLUSION
Now is an excellent opportunity to introduce stricter controls so that by the year 2010, when the Soccer World Cup is staged in South Africa, we as a nation can take our place with pride among many advanced nations who take seriously the exposure of the vulnerable members of society to the ruthless and devastating effect of the usage of tobacco products. We support the amendment contained in the Bill which we believe is reasonable, fair and workable . We believe it will assist in containing the use of tobacco and limiting the harmful effect it has on health especially second hand smoke on the younger generation. Let the appropriate legislation receive the proper attention and support from our law courts and legal profession so that this Amendment is not seen as another exercise in futility.
THEDA LEONIE AND EBRAHIM ISHMAIL
Seventh-day Adventist Church
30 October 2006
Johannesburg