A ghastly act and a deafening silence
HAVE ANOTHER DRAW WRITES:
As someone who has been closely linked with the drafting, publication in the Government Gazette and eventual coming into operation of the Tobacco Products Control Act, 2010 (“the Act”) and the regulations made there under and promulgated by Government Notice No. 35 of 27 March 2014, one can only stand aghast regarding the decision by our Government to approve the establishment of a tobacco farm in Namibia.
It is the same Government who has in the Preamble to the Act declared that it:
Acknowledges that the use of tobacco products -
Is extremely harmful to human health and that scientific evidence has unequivocally established that exposure to tobacco smoke causes death, disease and disability and negatively impacts on the economy and the environment;
Is a developed habit among people of different ages in society and severely affects the health of individuals contrary to the provisions of Article 95(b) and (j), read together with Article 13 of the Namibian Constitution;
Is contrary to the goals, objectives and principles of the Namibian Health Policy Framework;
Is dependence forming, hence the need for creating awareness on the adverse health and economic outcomes of the consumption of tobacco products?
Realises that: Everyone has a right to a healthy environment free of the harmful effects of the smoke of tobacco products;
The Government of the Republic of Namibia has as its obligation the responsibility to protect the health of its citizens and the environment from the harmful effect of the smoke of tobacco products.
Resolved to align the health system with the democratic values of the Constitution and the World Health Organisation Framework Convention on Tobacco Control, and to enhance and protect the fundamental rights of citizens by discouraging the use, promotion and advertising of tobacco products in order to reduce the incidence of tobacco-related illness and death. (My bold, italics and underlining.)
According to the long title of the Act the purposes thereof are amongst others to: Establish a Tobacco Products Control Committee to advise the Minister on matters relating to the use of tobacco products;
Provide for the reduction of demand for and supply of tobacco products; and provide for protection from exposure to tobacco smoke.
One can only wonder whether consultations have taken place with the Minister and Executive Director responsible for health matters, as well as with the Tobacco Products Control Committee established by section 2 of the Act regarding the establishment of the tobacco farm. If so, it would be interesting to know what the viewpoint of the Minister, the Executive Director and the Committee were relating thereto.
According to section 14(1) of the Act the Tobacco Products Control Committee has in addition to any other powers and functions conferred on it, amongst others the following powers, duties and functions -
To inquire into, and advise the Minister on, matters relating to the control of tobacco products in Namibia;
Either on its own initiative, or at the request of the Minister, to consult with the Minister on any matter relating to the control of tobacco products in Namibia;
To develop comprehensive public awareness programmes on the health dangers and negative economic and environmental outcomes of the use of tobacco products.
It is noted that there is a deafening silence from the side of the health authorities in Namibia regarding this matter.
As someone who has been closely linked with the drafting, publication in the Government Gazette and eventual coming into operation of the Tobacco Products Control Act, 2010 (“the Act”) and the regulations made there under and promulgated by Government Notice No. 35 of 27 March 2014, one can only stand aghast regarding the decision by our Government to approve the establishment of a tobacco farm in Namibia.
It is the same Government who has in the Preamble to the Act declared that it:
Acknowledges that the use of tobacco products -
Is extremely harmful to human health and that scientific evidence has unequivocally established that exposure to tobacco smoke causes death, disease and disability and negatively impacts on the economy and the environment;
Is a developed habit among people of different ages in society and severely affects the health of individuals contrary to the provisions of Article 95(b) and (j), read together with Article 13 of the Namibian Constitution;
Is contrary to the goals, objectives and principles of the Namibian Health Policy Framework;
Is dependence forming, hence the need for creating awareness on the adverse health and economic outcomes of the consumption of tobacco products?
Realises that: Everyone has a right to a healthy environment free of the harmful effects of the smoke of tobacco products;
The Government of the Republic of Namibia has as its obligation the responsibility to protect the health of its citizens and the environment from the harmful effect of the smoke of tobacco products.
Resolved to align the health system with the democratic values of the Constitution and the World Health Organisation Framework Convention on Tobacco Control, and to enhance and protect the fundamental rights of citizens by discouraging the use, promotion and advertising of tobacco products in order to reduce the incidence of tobacco-related illness and death. (My bold, italics and underlining.)
According to the long title of the Act the purposes thereof are amongst others to: Establish a Tobacco Products Control Committee to advise the Minister on matters relating to the use of tobacco products;
Provide for the reduction of demand for and supply of tobacco products; and provide for protection from exposure to tobacco smoke.
One can only wonder whether consultations have taken place with the Minister and Executive Director responsible for health matters, as well as with the Tobacco Products Control Committee established by section 2 of the Act regarding the establishment of the tobacco farm. If so, it would be interesting to know what the viewpoint of the Minister, the Executive Director and the Committee were relating thereto.
According to section 14(1) of the Act the Tobacco Products Control Committee has in addition to any other powers and functions conferred on it, amongst others the following powers, duties and functions -
To inquire into, and advise the Minister on, matters relating to the control of tobacco products in Namibia;
Either on its own initiative, or at the request of the Minister, to consult with the Minister on any matter relating to the control of tobacco products in Namibia;
To develop comprehensive public awareness programmes on the health dangers and negative economic and environmental outcomes of the use of tobacco products.
It is noted that there is a deafening silence from the side of the health authorities in Namibia regarding this matter.
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