A PUBLIC HEALTH PRIORITISED TOBACCO CONTROL LEGISLATION IS ALL WE NEED- Uganda’s Tobacco Control

Movement (UNHCO)

Daily Monitor, 15th July 2015 covered an article: Parliament warned on Tobacco Control Bill; Ismail Musa Ladu. That Uganda Law Society (ULS) gave counsel to the Health committee on the Tobacco control Bill, 2014.

The article reasoned that Health committee disregarded counsel of ULS, which derails the debate insinuating that the Bill fails the legal test, I beg to defer and I Implore Ugandans to read the committee’s report.

I attended all public hearings of the Health committee of parliament whose report was read on the 9th of July to parliament, by the Health committee Chairperson, Hon Bitekyerezo MP Mbarara Municipality, who has ever since replaced, Hon Dr Keneth Omona appointed Deputy Treasurer NRM. As I revisit this Article, Hon. Betekyerezo come 2016 shall not contest on the NRM ticket having lost in the 2015 NRM primaries.

It must be acknowledged that the Bill is a Public health proposing law drawing legality from article 39 of our Constitution- right to a clean and healthy environment and the World Health Frame Work Convention on Tobacco Control (WHO FCTC) Uganda signed and ratified on 5th March 2004 and 20th June 2007 respectively. The WHO FCTC obliges partner states to domesticate it within timelines, in which case Uganda ought to have in 2012, thanks to Hon. Chris Baryomunsi.

The Tobacco control Bill was first read on the 6 th Of March 2014 by Hon. Chris Bayromunsi (mover as he was then, Now Minister of Health- General duties) who was replaced by Woman MP Shema, Hon. Rose Nyakikongoro. On the 14th of July 2015: 4:24 PM or thereabout, Parliament constituted itself into a committee to read the Bill for the second time.

Executive Director, UNHCO congratulating Uganda’s President for the Bill Assent

To the health committee when I was in attendance, Uganda Human Rights Commission, Uganda’s lead Human rights institution declared that smoking was not a Human right. Tobacco instead violates children rights and at harvesting times fails children going to school and labour intensive on women who weed, and the men reap financial benefits. The Tobacco industry controls farmers by loaning them fertilizers, Tobacco seedlings and as a result the farmers must sell to the Piper- Tobacco Industry on predetermined Prices regardless of peak season which is always the case, tobacco never loses market after all.

Tobacco is the only product known to cause dis- ease when consumed as intended. The World Bank discredits the economic contribution of tobacco in enabling countries to improve their economies; no wonder, Tobacco is not a national priority crop- Ministry of Agriculture Animal industry and Fisheries. The World Health Organisation reports Tobacco as the lead killer compared to Malaria, HIV, TB, Boda Boda Accidents and Pneumonia all combined, not to mention the accelerating preventable cancers globally.

The notion, Young persons must delay or not start has drawn age into the Bill, 21 years and below are persons protected. Article 31(1) is interested in the marriage rights, 18 years it is not a constitutional age, restraining law makers. Parliament was persuaded to maintain 21 years to protect young persons coupled with welfare principle. The public and or private must not be given favourable conditions to smoke without being inconvenienced thus the tobacco control Bill, 2015.

Legal gymnastics or economics cannot be exchanged for good health. The Tobacco Control Bill was signed into law on the 19 th of September by the president of Uganda, this places a greater task on Uganda’s Tobacco Control Movement to implement and then have government institutions enforce the law but awaiting them is gazzetment and commencement!

Mr. Talibita Moses is a Health rights lawyer