The Uganda Human Rights Commission’s Position on the Tobacco Control Bill, 2014 Presented to the Committee on Health of the Parliament of Uganda on Tuesday 15th July, 2014

Tuesday, July 15, 2014 - 12:00

The Uganda Human Rights Commission (UHRC) is constitutionally mandated under Articles 48, 49, 51 to 58 of the 1995 Constitution of the Republic of Uganda to promote and protect human rights. In discharging its mandate, the UHRC monitors government’s compliance with international treaty and conventional obligations on human rights as well as makes recommendations to Parliament on effective measures for promotion of human rights. Furthermore, the UHRC has the responsibility as a national human rights institution to review and analyze bills, laws and policies in order to ensure that they are in line with human rights standards and not in conflict with other existing laws.[1]  It is upon this basis that the UHRC presents its position on the Tobacco Control Bill 2014. UHRC would like to thank the Committee On Health of the Parliament of Uganda for granting us this opportunity to present its official position on the Tobacco Control Bill, 2014.

BACKGROUND TO THE BILL

Although tobacco is one of the leading causes of preventable death globally, there has been an upsurge in both its consumption and its fatality rate worldwide and within the increasingly interconnected global economy.[2] The public health impacts of tobacco use which kills approximately 6 million people per year and is expected kill 8 million people in 2030, has been well documented.[3] According to the Global Adult Tobacco Survey (GATS) 2013, 1.3 million people in Uganda aged 15 years and above currently use tobacco products.[4] Tobacco use is also the leading preventable risk factor for all Non Communicable Diseases (NCDs), with 73% of cancer related cases at the Uganda Cancer institute being directly linked to tobacco smoking and inhaling.[5]

In response to the global tobacco epidemic therefore, the World Health Organization as part of its efforts, in its 56th World Health Assembly held on 21st May 2003, adopted a treaty, namely, The World Health Organization Framework Convention on Tobacco Control (hereinafter WHO FCTC). This is the first international treaty on public health negotiated under the auspices of the WHO.[6]  The specific purpose of this treaty is to ensure that member States that have ratified the WHO FCTC move to put into place and enforce tobacco control measures through legislation and other means[7]. The WHO FCTC provisions present a framework of various measures that are the minimum requirements for the signatories of the treaty. The signatories to the treaty could introduce even more stringent provisions for regulating tobacco use than the treaty requires them to do. These include provisions such as protecting passive smokers, dictating the packaging requirements and labeling of tobacco products which are not reflected in the Tobacco (Control and Marketing) Act Cap 35.[8]

Uganda signed the WHO FCTC treaty on 5th March 2004, and also ratified it on 20th June, 2007. Subsequently, the treaty entered into force on 18th July, 2007. One of the core obligations found under the WHO FCTC is for State parties to introduce legislative measures that would regulate certain stipulated areas of tobacco control.[9]

Already in existence in Uganda is the Tobacco (Control and Marketing) Act Cap 35 and the National Tobacco Corporation Act Cap 316, which came into force in 1967 and 1978, respectively. However, these laws are now regarded to be outdated, especially in light of the recent global and local developments in tobacco production, consumption and control. Furthermore, the minimum requirements stipulated by the WHO FCTC (such as protecting passive smokers, dictating the packaging and labeling of tobacco products) are not reflected in the Tobacco (Control and Marketing) Act Cap 35. It is therefore envisaged that the Tobacco Control Bill 2014 which provides for a wider scope and enforcement mechanisms, will strengthen the enforcement of the National Environmental (Control of Smoking in Public Places) Regulations 2004, which primarily focus on the prohibition of smoking in public places.

SUMMARY OF THE OBJECTIVES OF THE BILL

As you are already aware, the Tobacco Control Bill 2014 is a private members Bill that has been introduced most importantly to meet Uganda‘s obligations under the WHO FCTC. The Tobacco Control Bill 2014 proposes to repeal the defective Tobacco (Control and Marketing) Act Cap 35 and the National Tobacco Corporation Act, Cap 316. The purpose of the Bill is mainly to regulate the consumption of tobacco products and exposure to Tobacco smoke in Uganda.

The Bill seeks to protect the present and future generations from the devastating health, social, economic and environmental consequences of tobacco use and exposure; give effect to the obligations Uganda has undertaken to protect her people against tobacco-related harms; promote health and other human rights as a Party to the WHO FCTC and other related treaties; and regulate the manufacture, sale, labeling, promotion, advertising, distribution and public use  of tobacco products as well as sponsorship of tobacco products.

Scope of the Bill

The Bill covers a range of issues in respect to tobacco control. This includes: creating an oversight mechanism under Clauses 3 to 9; prohibition of smoking in public places, work places and public transport under Clause 11; banning advertisement and promotion of tobacco products under Clause 13; placing restrictions on the sale and display of tobacco products under Clause 15; introduction of specific packaging and labeling requirements under Clause 14; prohibition on supply of tobacco products to minors under Clause 16; insulation of public health policies from commercial or other vested interests of the Tobacco industry under Clauses 18 to 24 and its enforcement  mechanisms under Clauses 25 to 39.

POSITIVE ASPECTS OF THE BILL

The UHRC welcomes the efforts made towards drafting this Bill in order to bring Uganda in line with its international obligations as per the WHO FCTC. The Bill seeks to enhance public health by reducing the consumption of tobacco and exposure to tobacco smoke. The Bill could primarily contribute to the realisation of the right of every Ugandan to the enjoyment of the highest attainable physical and mental health as stipulated under Article 12 of the International Covenant on Economic, Social and Cultural Rights (CESCR). In addition, the Bill further seeks to protect the right to a clean and healthy environment. The UHRC finds the following specific aspects of the Bill to be particularly positive and therefore commends them.

Establishment of oversight and enforcement mechanisms

The Bill provides for the establishment of mechanisms such as the Tobacco Control Committee;[10]appointment of authorized officers;[11] establishment of the public health officer, environmental inspectors, standards inspector and customs officers, all as authorised officers.[12] The mechanisms highlighted would ensure effective monitoring and implementation of the Bill and compliance with its requirements. This is in line with Article 5(2) (a) of the WHO FCTC, that requires State parties to take measures to establish or reinforce and finance a national coordinating mechanism or focal points of tobacco control.

Restriction of Sale and display of Tobacco products

Under Clause 15 (1) of the Bill, a person is prevented from selling or buying any tobacco products in the public places specified in the fourth schedule, which include hospitals, health and education institutions, public transport places, terminal stations and public vehicles, among others. The clause further restricts the display of tobacco products at points of sale, other than being visible momentarily at the time of sales transaction.[13] The sale and display of tobacco products especially in public places amounts to advertising and promoting tobacco use, which would increase accessibility of the tobacco products especially to those tobacco users who would wish to quit and the children/youth that are vulnerable to promotional effects of product display.[14] Furthermore, Clause 15 (5) of the Bill prohibits the sale of single cigarettes in line with Article 16 (3) of the WHO FCTC, which would reduce accessibility and affordability of the tobacco products.

Right to a tobacco smoke free environment

Clause 10 of the Bill provides that everyone has a right to a tobacco smoke free environment. It further places a duty on a tobacco product consumer to ensure that he/she does not expose another person to tobacco smoke. This clause is reflective and recognisant to, Article 9 (1) of the WHO FCTC, which identifies scientific evidence as having unequivocally established the fact that exposure to tobacco smoke causes disease, disability and death.

This clause directly relates to the right to a clean and healthy environment, which is guaranteed under Article 12 (2) (b) of the International Covenant on Economic Social  and Cultural Rights (CESCR),[15] Article 24 of the African Charter on Human and Peoples’ Rights (ACHPR) and Article 39 of the 1995 Constitution of Uganda. This clause is further in line with the provisions of Article 18 of the WHO FCTC, which urges State parties to ensure the health of persons in relation to the environment. The right to a clean and healthy environment interlinks with various human rights such as the right to life, [16] which would be violated due to exposure to tobacco and tobacco smoke; the right to health[17] which recognizes good health as a key component of a fulfilled life that extends beyond one’s individual physical and mental well being, to societal and environmental conditions.[18] Article 9 of the WHO FCTC notes that there is scientific evidence which shows that exposure to tobacco will lead to diseases. Therefore, creation of a right to a tobacco free environment is in line with the State’s duty to protect the right to life, the right to health and the right to a clean and healthy environment.

Prohibiting of smoking in public places, work places and on means of public transport

Clause 11 of the Bill prohibits smoking in public places, places of work and in any means of public transport. This clause seeks to reduce the exposure to second hand smoking of non-smoking individuals, given the dangers of second hand smoke. According to WHO, the tobacco epidemic kills nearly six million people per year, of which 600,000 deaths are as a result of non smokers being exposed to second hand smoke.[19] Second hand smoke has been termed as a human lung carcinogen and as such, it is responsible for a number of lung cancer deaths.[20] In addition, second hand smoke exacerbates existing respiratory diseases such as asthma.[21] A smoke free environment will therefore contribute to the realization of the right to health;[22] the right to a clean and healthy environment; and the right to satisfactory safe and healthy working conditions for those in workplaces. The right to satisfactory and healthy working conditions has been interpreted by the UN Committee on Economic, Social and Cultural Rights[23] to include minimising the causes of health hazards in the working environment, including minimising the use of tobacco. Where there is a conflict between the individual’s ‘freedom to smoke’ and protection of public health, states can reserve the right to ban or regulate substances that are harmful or addictive to their populations.[24]

Packaging and labeling

Clause 14 of the Bill requires that all tobacco products shall be packaged and labeled in accordance with the regulations issued by the line Minister but must include health warnings and messages. In addition, the clause requires that all labeling or packaging done is not false and misleading. This clause therefore seeks to enhance public awareness by ensuring that those who wish to consume tobacco products are fully aware of the health risks that are associated with tobacco consumption. The clause also ensures that the potential tobacco consumers are armed with accurate information regarding tobacco products and their health consequences.

 Comprehensive ban on tobacco advertising, promotion and sponsorship

Clause 13 of the Bill provides that all forms, methods or means of advertising, promotion and sponsorship of tobacco products are banned.[25] This is in line with Article 13 of the WHO FCTC.  A 1999 World Bank Report stated that:

“… policy makers who are interested in controlling tobacco need to know whether cigarette advertising and promotion affect consumption. The answer is that they almost certainly do. The key conclusion is that bans on advertising and promotion prove effective, but only if they are comprehensive, covering all media and all uses of brand names and logos.[26]

A related study of the data from 22 countries concluded that “tobacco advertising increases tobacco consumption. The empirical research also shows that comprehensive advertising bans can reduce tobacco consumption, but that a limited set of advertising bans will have little or no effect. A limited set of advertising bans will not reduce the total level of advertising expenditure but instead will simply result in substitution through the remaining non-banned media. When more of the remaining media are eliminated, the options for substitution are therefore also eliminated.”[27] Accordingly, for a tobacco-advertising ban to be effective, it must cover all media and all forms of promotion. If it is only partial, then promotions will merely shift from the banned to the unbanned media and methods of promotion.

Although counter arguments have been put up stating that a comprehensive ban on tobacco advertising, promotion and sponsorship would result in the violation of the freedom of commercial speech and expression[28]as well as socio-economic and intellectual property rights, it should be pointed that these rights/freedoms are not absolute.[29] Under Article 43 of the 1995 Constitution, limitations can be placed upon such rights if they prejudice public interest (or in this case, public health); and they are therefore acceptable and justifiable in a democratic society.  The UHRC also notes that Kenya[30] and South Africa[31] have a comprehensive ban on advertising and promotion of tobacco products, including sponsorship and free distribution of tobacco products. These examples can therefore be emulated by Uganda.

Protection of minors

Clause 16(1) of the Bill seeks to protect minors from cultivation, harvesting, growing, curing, manufacturing, importing, distributing and selling tobacco. In addition, Clause 16(2) prohibits a person from importing and manufacturing for, or distributing and selling to, a minor a tobacco product. However, the main focus of the said clause is principally on tobacco production and particularly, on the employment of children as laborers to grow tobacco and produce tobacco products. The International Labour Organisation (ILO) describes ‘harzardous child labour’ to involve ‘work that is performed by children in dangerous unhealthy conditions that can lead to a child being killed, injured or made ill as a result of poor safety and health standards or environmental conditions.’[32]

In Uganda, 25% of children between 5 to 17 years are engaged in child labour, with 51% of these children doing work that exposes them to health hazards, including handling pesticides, carrying heavy loads, and using adult tools that can be dangerous for them. The highest percentage of child labourers (34%) is under the age of 12.[33]

Tobacco is a very labour intensive activity requiring significant attention to each plant. As a result, tobacco growers are tempted to use children as cheap labour thus, not only exposing them to long hours but also, to poisonous fertilizers and the tobacco leaves.[34] Clause 16 of the Bill will therefore protect children from harmful forms of work and against exploitation, and this is in line with Article 34(4) of the 1995 Constitution of Uganda and Article 32 of the Convention on the Rights of the Child (CRC).

Insulation of public health policies from commercial and other vested interests of the Tobacco industry

The Bill under Clauses 18 to 23 restricts the interactions of the tobacco industry with Government agents/institutions that are involved in the formulation, implementation, administration, enforcement or monitoring of public health policies on tobacco control. This provision is also provided for under Article 5(3) of the WHO FCTC as a protection measure to help prevent conflict of interest and undue interference during occupational activities. This provision will therefore ensure that such interactions with the tobacco industry are only strictly necessary under transparent and accountable circumstances. There is no doubt that partnerships, payments, gifts, contributions or incentives solicited for, or offered by, the tobacco businesses to government institutions, officials or employees can create conflicts of interest.

Penalties

The Bill under clauses 16, 24, 40, 41 and 42 provide for sanctions and penalties in cases of non compliance with the provisions of the Bill by defaulting persons, legal entities, and authorised officers. These penalties include imprisonment, monetary penalties and administrative sanctions such as the suspension of licenses of entities, seizure, forfeiture and destruction of prohibited materials. The Bill lifts the corporate veil by also holding agents of legal entities accountable for offences committed by a legal entity.

HUMAN RIGHTS CONCERNS ARISING FROM THE PROVISIONS OF THE BILL

As previously noted, the enactment of a Tobacco Control Act is a requirement as per Uganda’s obligations under the WHO FCTC treaty. However, the UHRC notes that the WHO FCTC imposes minimum standards that should be enforced by signatory States while implementing tobacco control measures such as those provided for in the Bill. It is therefore also observed with concern that the Bill does not provide for the implementation of all the minimum requirements as specified in the aforementioned treaty, as such leading to potential human rights violations some of which are summarized here below.

Prohibition from smoking within 100 metres from a public place and work place

As previously stated, the UHRC welcomes the prohibition of smoking in public places, work places and means of public transport as provided for in the Bill,[35]which is aimed at obtaining a smoke free environment and reducing the exposure of individuals to second hand smoke. In addition, such prohibition is in line with the provisions of WHO FCTC as stipulated in Article 8. Inspite of this, Clause 11 (2) (a) stipulates that one cannot smoke in an outdoor place that is within 100 meters of a public building or work place.

UHRC is concerned with the rationale of requiring smokers to stand at least 100 meters away from a public building before they can smoke. A thorough perusal through the WHO FCTC and its guidelines for implementation reveals that smokers are not necessarily required to stand any distance away from public buildings or places. There is therefore no universal requirement for smokers to be a certain distance from a public building or public place before they can smoke; and the issue for consideration should therefore be what would be considered to be reasonable in this regard without necessarily exposing others to second hand smoke or negatively affecting public health.[36]

UHRC therefore recommends that:

  • The distance of 100 meters from a public building should be reviewed and brought in line with Article 8 (2) of the WHO FCTC and consultation should be done with health professionals to determine the most reasonable minimum distance.

 Definition of the word “minor”

The WHO FCTC provides in its Article 16 that each State party shall adopt and implement effective legislative, executive, administrative or other measures at the appropriate government level to prohibit the sale of tobacco products to persons under the majority age set by domestic law or national law.

Clause 16 of the Bill seeks to implement this in prohibiting the supply of tobacco products to a minor. Clause 2 of the Bill defines a ‘minor’ as ‘a person below the age of 21.’ However the national and domestic laws in Uganda are to the effect that a child is one below the age of 18.[37] The Bill therefore creates an inconsistency in the law by referring to a “minor instead of a child” and additionally, by referring to a minor as a person below 21 years instead of 18 years as provided for in the existing national laws.

UHRC therefore recommends that:

  • This provision of the Bill should replace the word and definition of a ‘minor’ with that of a ‘child’ in line with the existing national laws.

Composition and Funding of Tobacco Control Committee

Clause 3 of the Bill establishes a Tobacco Control Committee (hereinafter the Committee) with its functions laid out in Clause 5 of the Bill. Clause 7 further provides that the Committee shall have a secretariat. Concerns have been raised over the practicality and financial implications of coordinating and operating a large Committee comprised of 19 members. There are proposals for the strengthening and reinforcing the National Tobacco Control Focal Point within the Ministry of Health to take on the functions of the proposed Tobacco Control Committee as a ‘more practical and cost effective manner of implementing the tobacco control programs and policies as opposed to creating a whole new committee.

Although the UHRC agrees that the membership of the Committee is large, it is of the view that the establishment of a multi sectoral Committee[38] with representatives from selected Government sectors and the civil society is necessary especially since their mandates pertain to tobacco control, production and consumption. Furthermore, due to its multi sectoral nature, the Office of the Prime Minister is best suited as the Chairperson to coordinate the Committee.

With regards to funding the functions of the Committee, Clause 5(d) suggests that the Tobacco Control Committee should mobilize its own funds and funds to enable it carry out Tobacco Control programs.  However, this contravenes Article 5 (2) (a) of WHO FCTC which requires the State to finance such a Committee, and not to leave mobilization of the required funds to the Committee itself.  Under Section 7 of the Kenyan Control Act 2007, a Tobacco Control Fund was established with funds appropriated to them by parliament, a compensatory compulsory contribution paid by licensed cigarette manufacturers and sums collected from fines paid.

The UHRC therefore recommends that:

  • The number of members of the Committee to be reduced from 19 to only include key representatives from the Government Sector (whose participation shall be funded by the line ministries) and the civil society;
  • The Committee would have powers to co-opt other members where necessary;
  • The Committee should be chaired by representative from the Office of the Prime Minister as suggested in Clause 3 (2) (a) of the Bill; and
  • The establishment of a Tobacco Fund with its sources of funds indicated to cater for activities such as research, documentation and dissemination of information on tobacco and tobacco products and to promote national cessation and rehabilitation programmes.

Price and tax measures to reduce the demand of tobacco

Article 6 of the WHO FCTC provides that price and tax measures are an effective way to reduce tobacco consumption especially among the youth. The Bill however does not provide for any specific price and tax measures that should be put in place to deter tobacco consumption especially among the vulnerable groups such as the youth. There is no duty imposed, for instance, on the Ministry of Finance to implement the relevant tax policies and where appropriate price policies on tobacco products.[39]

UHRC therefore recommends that:

  • The Bill should contain a provision that places a duty on Ministry of Finance to implement tax policies and where appropriate price policies on tobacco products.

Labeling and Packaging

As noted already, UHRC welcomes the mandatory labeling and packaging requirements that will enhance the potential consumer’s knowledge of the risks associated with tobacco products. Clause 14 (2) of the Bill requires that the pictures and texts that contain health warning messages should be a minimum of 75% of each display area. Article 11 (1) (b) (ii) of the WHO FCTC requires that the health warnings should cover at least 50% of the display area.

The Tobacco Control Bill imposes 75% display cover, which is 25% above the standard WHO FCTC requirement.  At 50%, the writings and pictorials containing the health warnings would cover half the unit and as such, would be clearly visible and prominent to all. At 75%, this would cover three quarters of the unit.[40]

UHRC therefore recommends:

  • The 50% display cover for health warnings as stipulated in Article 11 of WHO FCTC is sufficient enough.

Education and public awareness

The UHRC noted that the Bill does not provide specifically for public awareness, education and training in respect to Tobacco Control. Article 12 WHO FCTC is clear in this respect, and  requires State parties to implement measures including legislative, that ensure access to educational and public awareness programs as a key element in the endeavours for the realisation of decline in tobacco consumption.

Article 12 (1) of International Covenant on Economic, Social and Cultural Rights provides for the right to highest attainable standard of physical and mental health, which is one of the main rights that this Bill seeks to protect. The UN Committee on Economic Social and Cultural rights in interpreting Article 12 stated that the right to health is an inclusive right, including access to a health related education and information[41]. The Committee further stated that the right to health must encompass information accessibility which includes the right to seek, receive and impart information and ideas.

In addition to this, in interpreting Article 12 (2) (c) which requires States to prevent, treat and control diseases, the UN Committee on Economic Social and Cultural rights stated that the States should establish prevention and education programmes for behavior-related health concerns, which certainly applies to the health risks of using tobacco products.[42] However, the Bill has no provisions relating to the need for educational information or training in respect to tobacco control, which is a minimum requirement stipulated in Article 12 of WHO FCTC. Similarly, there are no provisions in the Bill or a national policy that provides for preventive educational programs yet, education on the health risks of tobacco consumption is an obligation of State parties to the CESCR according to the General Comment 14 interpretation of the Article 12 (2) (c), as explained above.[43]

UHRC therefore recommends that:

  • The development of national initiatives and programmes for public awareness, education, training, information and communication that relate to tobacco control should be provided for in the Bill to bring it in line with Article 12 of WHO FCTC; and
  • A national policy be developed to comprehensively provide for public awareness, education, training, information and communication that relates to tobacco control.

 

Promotion of cessation of tobacco use

UHRC has also observed that there is no provision in the Bill or a national policy about promoting cessation of tobacco use and adequate treatment for tobacco dependency. This is a requirement under Article 14 of the WHO FCTC and as such, should be reflected in the Bill and more comprehensively within a national policy.

The UHRC therefore recommends:

  • The Bill should include provisions on the development of national cessation programs and policies  in order to inform the establishment or strengthening of an infrastructure to support and promote tobacco cessation and treatment of tobacco dependency;
  • A national policy be developed to comprehensively provide for tobacco cessation and treatment of tobacco dependency.

Viable alternative economic activities

Currently, there are 60,000 farmers in Uganda in over 25 districts in the regions of West Nile, Bunyoro, Mubende and North Kigezi, who depend on tobacco growing as their main or sole economic activity.[44] This is a sizeable number of Ugandan citizens who are economically dependent on tobacco growing for their livelihood. The regulation of consumption of tobacco and its products as being introduced by the Bill, will therefore have an effect of the livelihood and earnings of these tobacco farmers, as well as related traders and their families. In this respect, Article 17 of the WHO FCTC provides that State parties should promote economically viable alternatives for tobacco growers and workers.[45] Accordingly, it is absolutely necessary for Uganda to address the valid concerns of such people as they are encouraged to turn to alternative economic activities.

The UHRC therefore recommends that:

  • Initiatives by the respective line ministries for the development of viable economic programs and policies to provide for alternative livelihoods and earnings for tobacco growers in line with Articles 17 and 18 of the WHO FCTC, should be for provided in the Bill; and
  • A national policy be developed to comprehensively provide for viable alternative economic programmes for alternative livelihoods and earnings for tobacco farmers and traders.

Conclusion

In general, the Tobacco Control Bill, 2014 commendably seeks to domesticate Uganda‘s obligations under the WHO FCTC, in order to protect the present and future generations from the devastating health, social, economic and environmental consequences of tobacco consumption. However, the Bill does not ban the sale, purchase, marketing or growing of tobacco. Its purpose is to regulate the consumption of tobacco products and exposure to tobacco smoke, through the inclusion of measures like restrictions on the sale and display of tobacco products; prohibition of smoking in public places and provision for the relevant oversight and enforcement mechanisms. There are however, some human rights concerns in the Bill.  For instance, the definition of a minor, the 100 metre radius rule, lack of provision for price and tax measures, lack of measures for public awareness, cessation of tobacco use and viable economic alternative options that need to be addressed in order for the Bill to be good law.



[1] UN Paris Principles relating to the status of national human rights institutions, Section 3 (a) (i).

[2] WHO Report on the ‘Global Tobacco Epidemic, 2011; Warning about the dangers of Tobacco’ available at http://whqlibdoc.who.int/publications/2011/9789240687813_eng.pdf?ua=1 last accessed on 8 July 2014.

[3] Centres for Disease Control and Prevention ; ‘Smoking and Tobacco use’ available at www.cdc.gov/tobbaco/data_statistics/fact_sheets/fast_facts/last accessed on 8 July 2014.

[4] Preliminary results of Global Adult Tobacco Survey (GATS) 2013 for Uganda were conducted by Uganda Bureau of Statistics under the coordination of the Ministry of Health with technical and financial support provided by WHO and the US Centers for Disease Control and Prevention (CDC).

[5] Research conducted by Makerere University College of Health Sciences 2011 available at http://www.chs.mak.ac.ug  last accessed on 8th July 2014.

[6] World Health Organisation Framework Convention on Tobacco Control, p.(v).

[7] Article 3 of WHO FCTC provides that a framework for tobacco control measures should be implemented by state parties at a national, regional and international level in order to reduce the prevalence of tobacco use and exposure to tobacco smoke.

[8] Article 8 of the WHO FCTC provides for protection from tobacco smoke and Article 11 looks at packaging and labeling tobacco products.

[9] n.6 above.

[10] Clause 3 of the Tobacco Control Bill 2014.

[11] As above, Clause 25.

[12] As above.

[13] n.12 above, Clause 3 (3).

[14] Article 13 of the WHO FCTC Guidelines for Implementation, p.98.

[15] UN Committee on ESCR stated in General Comment 14 that the right to a healthy environment includes among others the prevention and reduction of population exposure to harmful substances.

[16] Article 22 (1) of the 1995 Constitution and Article 6 of ICCPR.

[17] Objectives XIV of the National Objectives and Direct Principles of State Policy of the 1995 Constitution of of Uganda; Article 12 of the ICESCR.

[18] C. Dresler & S. Marks; “ The Emerging Human Control to Tobacco Control” ; Human Rights Quarterly, Volume 28 , 2006; the Project Muse.

[19] http://www.who.int/mediacentre/factssheets/fs339/en/; factsheet 339 updated May 2014, last accessed 8 July 2014.

[20]‘Human Rights and Health – persons exposed to second hand smoke,’ Pan American Health Organisation, available at http://www.panamericanhealthorg.com/12343234infosmoking/.

[21] (n. 18) above.

[22] Article 12 (1) ICESCR; Article 39 of the 1995 Constitution.

[23] UN Committee on ESCR General Comment 14, para 15.

[24] Article 43 (2) (c) of 1995 Constitution provides for limitation on fundamental rights for public interest purposes as long as it is acceptable and demonstrable justifiable in a democratic society. Proportionality test is discussed in the judgment of Justice Mulenga in Charles Onyango Obbo & Andrew Mwenda verses Attorney General Supreme Court Constitutional Appeal No. 2 of 2002.

[25] Clause 13 of the Tobacco Control Bill, 2014.

[26] World Bank Report, ‘Curbing the Epidemic Governments and the Economics of Tobacco Control’ 1999, p. 49.

[27] H. Saffer & F. Chaloupka, ‘The effect of tobacco advertising bans on tobacco consumption’ Journal of Health Economics 19(2000) 1117-1137.

[28] Article 29(1) (a) of the 1995 Constitution.

[29] O. A. Cabrera & L.O. Gostin, ‘Human Rights and the Framework Convention on Tobacco Control: mutually enforcing system’ International Journal of Law in Context, 7,3 Cambridge University Press,  p. 295.

[30]Section 25 and 26 of the Kenya Tobacco Control Act 2007.

[31] Section 2 of the South Africa Tobacco Products and Control Amendment 2009.

[32] ILO Convention182 on the Worst Forms of Child Labour.

[33] http://www.eclt.org/project-countries/uganda/ Eliminating Child Labour in Tobacco Growing in Uganda (ECLT) Foundation.

[34] n.18 above.

[35] Clause 11 of the Tobacco Control Bill, 2014.

[36] Section 33 of the Kenyan Tobacco Control Act 2007 simply states that smoking in public areas is prohibited. There is no provision stipulating how far a smoker should stand from a public building before they can smoke. The Smoke Free Environment Act 2013 of Australia states one must be 4 meters from the entrance of public building before they can smoke. In Alberta Canada, the law provides that one has to be 5 meters away from the doorways of public buildings before they can smoke.  In California, USA, one cannot smoke within 6 meters of a public building.

[37] 1995 Constitution of Uganda and Section 2 of the Children Act Cap 59.

[38] Article 5 (2) of the WHO FCTC.

[39] Section 12 of the Kenya Tobacco Product Act 2007 provide for implementation of tax and price policies where appropriate on tobacco and tobacco products

[40] Section 30 of the Kenya Tobacco Product Act 2007 provides for 50% coverage of the unit.

[41] n.23 above.

[42]n.38 above, para 16.

[43] Section 9 of the Kenya Tobacco Control Act 2007 provides for comprehensive public awareness, education and information campaigns.

[44] Petition by the Uganda Tobacco Growers Association (UGTA) to the Parliament of Uganda 11th June 2014.

[45]  Section 13(1) of the Kenya Tobacco Control Act 2007 provides that the Minister of Agriculture shall put in place policies to promote, as appropriate, economic viable alternatives for tobacco growers.

 

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