We will domesticate FCTC, assures Dr. Jonas Kamima Chanda

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We will domesticate FCTC, assures Dr. Jonas Kamima Chanda

 

By Derrick Sinjela

 

However despite this assurance by Dr. Chanda, the FCTC is not among the eight (8) bills approved for presentation by the Zambian Cabinet on Thursday 8th April 2021, as stated below in a Press Statement circulated by Special Assistant to the President for Press and Public Relations, Mr. Isaac Chipampe.

“Press Statement by the Chief Government Spokesperson Ms. Dora Siliya on the Decisions made by Cabinet at the 5th Cabinet Meeting held virtually On Thursday, 8th April, 2021.

His Excellency the President Dr. Edgar Chagwa Lungu called for the 5th Cabinet Meeting today, Thursday 8th April, 2021, which was held virtually, to discuss legislative and policy matters.

1. The Electronic Government Bill, 2021.

Cabinet approved for publication and introduction in Parliament during the current sitting the Electronic Government Bill, 2021. The Bill aims to enhance the management and promotion of electronic Government services and processes; facilitate access to electronic Government services to improve service delivery, administrative functions and productivity in order to enhance citizens’ access to Government services and information. This is in line with the efforts already in place by Government such as the creation of the Government Portal through which a number of services are provided to the public electronically.

2. The Zambia Correctional Service Bill, 2021.

Following the enactment of the Constitution of Zambia (Amendment) Act No. 2 of 2016, the existing law, the Zambia Prisons Service Act, 1965, does not address the Constitutional changes made to the country’s security services with respect to prisons.Therefore, Cabinet approved for publication and introduction in Parliament “The Zambia Correctional Service Bill, 2021,” whose objectives include provision for the establishment, management and control of prisons and correctional centres; provision for the correction and reformation of inmates and domesticating the United Nations Standard Minimum Rules for Treatment of Prisoners.

3. The Narcotic Drugs and Psychotropic Substance Bill, 2021.

Cabinet approved for publication and introduction in Parliament “The Narcotic Drugs and Psychotropic Substances Bill, 2021.” The objectives of this Bill include strengthening the functions of the Drug Enforcement Commission; revise and consolidate the law relating to narcotic drugs, psychotropic substances and precursor chemicals and provision for special measures relating to the prevention, treatment and rehabilitation of victims of drug abuse.

The approval by Cabinet of this Bill is also in line with the earlier approval of the “The Cannabis Bill, 2021,” and “The Industrial Hemp Bill, 2021,” the two Bills of which are already in Parliament for enactment.4. The Insurance Bill, 2021.

Cabinet also approved for publication and introduction in Parliament, “The Insurance Bill, 2021.” The objectives of the Bill include regulation of the insurance industry; provision for the supervision of insurers, reinsurers and intermediaries; provision for the financial regulation of insurers, reinsurers and intermediaries; provision for the auditing and corporate responsibility of insurers, reinsurers and insurance brokers and further, to encourage Zambian ownership in the insurance sector and industry.

5. The Acts of Parliament (Amendment) Bill, 2021.

Cabinet approved “The Acts of Parliament (Amendment) Bill, 2021,” whose objectives include the publication of Acts in electronic form which is in line with the Government’s enhanced management and promotion of electronic Government services and processes which will result in improved and effective service delivery through enhanced citizen access to Acts of Parliament, Government information and services. Further, this is also in line with the overall Government policy on electronic service delivery.

6. 2020 National Census of Population and Housing.

Cabinet has finally approved the conduct of the National Census of Population and Housing to be conducted in November, 2021 in order to gather information to be used for planning and management of Government programmes and policies.

The proposed scheduling of the Census to November, 2021 takes into account the COVID-19 pandemic and also allows for more time for Government to mobilise sufficient resources especially with the holding of the General Elections on 12th August, 2021. Further, Cabinet accepted that this should be an e-Census, which will be the first of its kind in Zambia.

7. Appointment of members to the Zambia Statistics Agency (ZamStats) Board.

Cabinet approved a 9-member Board to provide strategic policy direction to the Agency as required by Section 8 of the Statistics Act No. 13 of 2018.

The Statistics Act No. 13 of 2018 establishes the Zambia Statistics Agency (ZamStats) and the Board of the Agency. Specific functions in the Act include, promoting the effective governance of the Agency and formulation of policing programmes and strategies of the Agency.

The appointment of the Board shall also assist in the coordination of the conduct of the 2021 National Census.

8. Removal of Zambia Airports Corporation Limited from the Zambia Development Agency (ZDA) Divestiture Sequence Plan.

Cabinet also approved the removal of Zambia Airports Corporation Limited (ZACL) from the 1994 Zambia Development Agency (ZDA) Divestiture Sequence Plan for State – Owned Enterprises scheduled for privatisation.

The removal of Zambia Airports Corporation Limited from the Divestiture Sequence Plan will help improve its efficiency and profitability as well as help align its strategic objectives to the Government’s vision of establishing Zambia as a regional aviation transport hub especially with the massive investment by Government in the aviation sector.

9. National Lands Policy.

In winding up debate for the day, Cabinet approved the National Lands Policy and its Implementation Plan in order to improve land delivery systems in the country for the benefit of present and future generations.

The Policy is intended to guide land administration and management in order to open up opportunities for every Zambian to access and secure their interests in land, regardless of status and will further strengthen security of tenure and enhance management of land resources. The country has had no comprehensive Land Policy from independence to date.

OFFICE OF THE PRESIDENT

CABINET OFFICE

LUSAKA”.

The Zambian Government vow to domesticate the Framework Convention on Tobacco Control (FCTC) is welcome as this global aspiration continues gathering dust at the Ministry of Health (MoH), since a commitment was pledged13 years after the Southern African Development Community (SADC) country ratified the United Nations (UN) pledge.

Acting as a Principal Petitioner, Zambia Youth Alliance (ZYA) Director Mr. Samson Mwale, and five others; Mwape Mwenya, Rabecca Nayame, Akakulubelwa Mwangana, Moses Silungwe and Shekinah Mwale petitioned Dr. Chanda, through Permanent Secretary for Technical Services Dr. Kennedy Malama on Monday 19th April, 2021 petitioned.

In a Wednesday 17th March 2021, a petition tagged- ‘Where Is Our Bill? Zambian CSOs call for Tabling of the TOBACCO CONTROL LEGISLATION before Parliament’, Ms. Evelyn Moloka, Ms. Christine Syatalimi and Sylvester Katontoka prodded Ndeke House bureaucrats to restore confidence by fast-tracking the long-awaited domestication.

Activists believe that tabling of the Tobacco Control Bill is in line with the World Health Organization Framework Convention on Tobacco Control (“WHO FCTC”) to which Zambia became a signatory on Friday 23rd May, 2008.

“The Centre for Primary Care Research (CPCR), Cancer Association of Zambia (CAZ), Zambia Consumer Association (ZACA), Alcohol and Drug Abuse in Zambia (AADAZA), Zambia Media Network Against Tobacco (ZAMNAT) and Heart and Stroke Foundation as six (6) members of the Zambia Consortium on Tobacco Control with a vested interest in the health and economic livelihoods of the people of Zambia,” advised ZAMNAT Chairperson Paxina Phiri.

In 2020 alone, the Ministry of Health estimated approximately 7,312 tobacco related deaths, further exacerbated by the outbreak of the COVID-19 pandemic. Early indications are that smokers have a higher risk of contracting COVID-19 than their non-smoking counterparts thus the urgency to enact the tobacco control legislation,” noted Ms. Phiri.

On Wednesday1st June 2016, the Patriotic Front Manifesto 2016-2021: ‘Towards a Prosperous, Peaceful, Stable, and All-inclusive Zambia, Under One Zambia, One Nation’ had pledged to ensure a strengthened legal framework but as 2021 approached this vow captured in Article 18, is noticeably missing in the 2021-2026 manifesto, launched by President Edgar Chagwa Lungu on Wednesday 21st April 2021 at Lusaka’s Mulungushi International Conference Centre (MICC).

The PF 2021-2026 manifesto circulated by Special Assistant to the President for Press and Public Relations, Mr. Isaac Chipampe is themed: ‘Making Every Zambian Count, Continuity for Prosperity, Peaceful, Stable  and an All-Inclusive Zambia,’was witnessed by Vice-President Ms. Inonge Mutukwa-Wina, PF Secretary General, Mr. Davies Mwila, Chairperson Samuel Ng’onga Mukupa, and Justice Minister Given Lubinda.

“We shall Strengthen the prevention and treatment of substance abuse, including narcotic drug abuse and harmful use of alcohol; -By 2020, halve the number of deaths and injuries from road traffic accidents; -By 2021, achieve universal health coverage, including financial risk protection, access to quality essential health care services and access to safe, effective, quality and affordable essential medicines and vaccines for all; and -Strengthen the implementation of the World Health Organisation Convention on Tobacco Control,” pledged Dr. Lungu in Article 18.

The President has explained that the platform upon which the PF is basing its message for the second term mandate will be a continuation of the pro-poor policies, it has been implementing in the last five years,” read a Media Statement circulated by then Special Assistant to the President for Press and Public Relations Amos Chanda.

According to Programmes/ Projects Advocated by a PF Think Tank ahead of 2011 General Elections approved by its founding leader, the late ‘King Cobra’ Mr. Michael Charles Chilufya Sata provided a framework of the campaign after analyzing the PF Manaifesto.

Whereas the PF Manifesto was a Letter of Intent, the Think Tank comprising Mr. Bob Sichinga, Dr. Mbita Chitala, the late Mr. Mike Isaiah Mulongoti, Lieutenant Colonel Panji Kaunda,  Mr. Pius Mambo,  Mr. Wylbur Chisiya Simusa  to name but six (6) actualized the desires contained in the manifesto with regard to Health and Nutrition thus: “Rehabilitating health institutions, controlling epidemics and chronic diseases, providing drugs and medical equipment/supplies”.

And CPCR Project Director Zambia Fastone Matthew Goma urged the local media to intensify the fight against tobacco which globally kills more than 8 million people annually and 1.2 million human beings being exposed to second hand smoking.

Professor Goma said journalist as a Fourth Estate to the Government (Executive), Legislature and Judiciary are closer to the ordinary people suffering due to consequences of tobacco consumption. Scribes are influential in placing a good battle against a cancerous stick called cigarette.

That the Ministry of Health should as a matter of urgency, introduce in Parliament,

“The Tobacco and Nicotine Products Control Bill.’’

Background.

Tobacco kills more than 7,400 Zambians each year, most of them under 70 years of age. Indeed Tobacco use is a growing epidemic. Among 13-15 year old children 24.9% of Boys and 25.8% of Girls were said to be using tobacco in 2011 (Global Youth Tobacco Survey 2011), while Tobacco use among adult males was aid to be at 24% and adult females at 7.8%. These figures are all increased in comparison to ones recorded previously indicating that Zambia is still is still on an upward trajectory when all the developed countries are recording a decline. The World Health Organization (WHO) has advised the domestication of the FCTC in each member country to benefit from the evidence based clauses that are proposed for the domestic legislation.

Zambia has had a piece meal approach to tobacco control and up to date boasts of just pieces of legislation and/or regulations contained in several pieces of legislation. The following are examples:

1. The Public Health (Tobacco) regulations/SI 39 of 2008 banned smoking in public places
2. The Public Health (Tobacco) regulations banned the sale of tobacco to persons under the age of 16 (Compliance low and Law enforcement weak).

• Partial bans on advertising of tobacco products in the media such as billboards, posters, newspapers and magazines with very inadequate education and mass media campaigns

Action taken to date

The mandate to protect Zambians from the adverse health effects of tobacco use and exposure to tobacco smoke is given to the Ministry of Health which has been advised to enact the Tobacco and Nicotine Products Control Bill.

Zambia acceded to the WHO FCTC Treaty on 23rd May 2008 and all the provisions of the FCTC came into effect in 2003 (After the 5 years grace period). Ideally domestication should be effected within 5years from date of ratifying. 13 years later, Zambia has not yet domesticated the WHO FCTC.

An attempt to enact the Tobacco Control Bill in 2014 failed because of what was termed “inadequate consultations”.

The draft was referred back to MoH for consultations with other stakeholder Ministries. These “consultations” have been going on since then. Huge strides were made in 2019 when a number of consultations were made to reach the final mile in the enactment of the tobacco Control Bill. Among these were:

• Consultation with some line Ministries namely: Ministry of Agriculture, Ministry of Finance, Ministry of National Planning and Development, Ministry of Commerce Trade and Industry. This meeting on 10-13 September, 2019
• Consultation with the Tobacco Industry represented by British American Tobacco, Phillip Moris, and Tobacco Association of Zambia was held on 16 – 23^rd December, 2019. This was to hear their concerns about the Bill. At this meeting, MoH clarified most of their misunderstanding of the intentions of the bill.
• The tobacco Industry through the Zambia Chamber and Commerce and Industry (ZACCI) requested for conducting of the Regulatory Impact Assessment (RIA). This was supported by the Ministry of Commerce, Trade and Industry. While this is a requirement under Section 5 and 6 of the Business Regulatory Act No 3 of 2014, the Bill should have been exempted as health implications are supposed to be higher than the trade and commerce implications. However, the Regulatory Impact Assessment (RIA) was successfully conducted and report was submitted to Business Regulatory Review Agency (BRRA). Approval of the RIA Report by BRRA was communicated to MOH in a letter referenced BRRA/8/45/1 and dated 20th November 2020. The RIA demonstrated that enacting a new piece of legislation to domesticate the WHO FCTC had the lowest Cost Effectiveness Analysis (CEA) ratio compared to the other two options. The aforementioned option provided highest benefits compared to the others.  Considering the seriousness of tobacco and nicotine use and the commercial interest, the need for law enforcement is the best option.
• A Cabinet Memorandum requesting for “approval in principle” to introduce a Bill entitled The Tobacco and Nicotine Products Control Bill was considered and approved by the Ministerial Cabinet Liaison committee in meetings held on 21st July 2020 and 28th July 2020.
• In March 2021, the Ministry of Health instructed the technocrats in the ministry to do another inter-ministerial consultation which was conducted successfully in the first week of April, 2021.
• Despite overwhelming support for the Draft Bill from almost all the Ministries, the Ministry of Health is still not keen to bring the Bill to Cabinet.
• The draft bill is said to be awaiting the Second Approval of the Cabinet memorandum by the Hon. Minister of Health.

This is where the Bill has stalled to date and there is no more time to bring it to pass it through all the rigorous processes remaining for it to be brought to the House.

Conclusion.

It is our considered view, that we cannot wait any longer to have the ‘’ Tobacco and Nicotine Products Control Bill,’’ enacted into law.

Facts about Tobacco

`Friday 26th July 2019

Key facts

• Tobacco kills more than 8 million people each year. More than 7 million of those deaths are the result of direct tobacco use while around 1.2 million are the result of non-smokers being exposed to second-hand smoke
• Tobacco kills up to half of its users, when they use it following manufacturers recommendation
• Contains more than 7000 chemicals in tobacco smoke, of which at least 250 are known to be harmful and at least 69 are known to cause cancer.
• Around 80% of the world’s 1.1 billion smokers live in low- and middle-income countries.
• Leading cause of death, illness and impoverishment.
• Nearly 16.0% of Zambians currently consume some form of tobacco products.
• More men (24.0%) than women (7.8%).
• 3% of Zambians are currently using smoked tobacco products that include manufactured cigarettes, hand rolled cigarettes, pipes and shisha.
• 0% of Zambians are daily tobacco smokers (the vast majority being males at 17.1 against females at 1.3%).
• Mean age for starting to smoke being 15.7 years.
• Up to 4.5% use smokeless tobacco, and of these 6.8% were women and 2.2% were men.

World Health Organisation (WHO) response

The 6 MPOWER measures are:

• Monitor tobacco use and prevention policies
• Protect people from tobacco use
• Offer help to quit tobacco use
• Warn about the dangers of tobacco
• Enforce bans on tobacco advertising, promotion and sponsorship

Raise taxes on tobacco.