KETCA Statement on the Tobacco Industry Interference and Intimidation of the Kenya Delegation to COP 5 and the Recent Award to BAT during the Kenya Revenue Taxpayers Awards

Kenya Tobacco Control Alliance {KETCA} is a non profit membership organization that brings together registered organizations in tobacco control in Kenya. The umbrella body seeks to provide a forum for the co-ordination and consolidation of individual and organizational capacities of members’ activities in tobacco control in Kenya.

Kenya signed and ratified the WHO’s Framework Convention on Tobacco Control (FCTC) in June 2004.; Subsequently, Kenya enacted the Tobacco Control Act 2007 in October 2007,; a comprehensive legislation that partially implements Kenya’s obligations under the FCTC to reduce tobacco use and exposure to tobacco smoke. that borrows a lot from the FCTC. Furthermore, the country’s supreme law under Article 2(5&6) outlines that general rules of international law shall form part of the law of Kenya, and any treaty or convention ratified by Kenya shall be part of the law of Kenyathe country. The FCTC through the Tobacco Control Act 2007 is binding and acts to guide the country on its development and implementation of Tobacco Free laws. Article 5.3 of the FCTC urges that “In setting and implementing their public health policies with respect to tobacco control, Parties shall act to protect these policies from commercial and other vested interests of the Tobacco Industry in accordance with national law”.

The country’s commitment to tobacco control has been steadfast despite the unwavering continuing opposition from the tobacco industry. This Our country’s commitment has earned us global it admiration, and, currently, Kenya represents the AFRO Region in the Conference of Parties (COP) Bureau. The Our delegation to the COP 5 has remained true to the spirit and letter of the FCTC.

This, however, has attracted the wrath of the tobacco industry, which that has now resorted to threats,; intimidation, and manipulation as they seek to derail the work of the our delegation to the COP5 meeting, held in Seoul, 12 to 17 November, 2012.

In a letter addressed to the Permanent Secretary, Ministry of Foreign Affairs, cigarette maker, British American Tobacco (BAT) claimed that the Kenya delegation had “deviated from the agreed Kenya position” on issues discussed at the meeting. by BAT Kenya called upon the Ministry to prevail upon the Kenyan Delegation to stick to the national position. The letter reads partly “In this regard, Sir, we humbly seek the intervention of your esteemed office to urgently contact the Kenyan delegation in Seoul and instruct them desist and refrain from taking personal positions on matters that have clearly agreed positions and urge them to articulate the agreed country positions as expected”. Without shame, they write in the letter that “ it has come to the attention of our industry representatives in Seoul that the Kenya delegation has deviated from the agreed Kenya position …”

First and foremost, this is in clear violation of Article 5.3 of the WHO FCTC of which Kenya is a party and signatory to. That Article states as follows: “In setting and implementing their public health policies with respect to tobacco control, Parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law.” This means that, according to our laws, the tobacco industry is prohibited from interfering, collaborating, or consulting with the government in the formulation and implementation of all tobacco control policies.

It is very important to note that this letter from BAT is distorted and filled with misinformation and untruths. The proceedings at the FCTC COP5 and the outcomes thereof, proved that the Kenya delegation to the meeting took a critical leadership role in the achievement of the goals of the FCTC treaty. A member of the Kenya delegation was elected by the Parties to chair the crucial Committee B during the COP while another member of the Kenyan delegation was elected to the FCTC Bureau as a Vice President and Rapporteur of the Bureau.

The attempts by the tobacco industry in Kenya to gag the Kenya delegation to the COP would have far reaching effects on the global public health policy. Prior to the COP 5,; the tobacco industry on 28th September, 2012, through the Kenya Association of Manufacturers (KAM), the a tobacco industry lobby group,; they convened a meeting that was aimed developing a consensus national position. To their credit, tThe Ministry of Public Health and Sanitation shunned this meeting since the industry can not and should never be engaged in tobacco control. This is clear; their commercial interests are irreconcilable with public health. To the extent that they resort to name calling in their communication to government about the very representatives that have been sent to represent it at such a meeting should be condemned by actors of goodwill who want to see a better and healthier world.

We are however also concerned by the conflicting signals and messages that the Kenyan government through different agencies and authorities is sending on tobacco control. On 22nd October 2012, the Kenya Revenue Authority (KRA) during its annual taxpayers awards; awarded British American Tobacco the 4th largest taxpayer. Tobacco control advocates are disturbed by this development because the WHO FCTC was ratified by the government and requires the support of whole of government to achieve its objectives. We are concerned that Kenya is giving a prestigious recognition to a manufacturer of a legal product that if consumed as prerecorded by them; its results are Death, Disability and Disease. The Award does not give the full narrative behind this achievement. The health consequence of such an achievement by the industry should make Kenya Revenue Authority (KRA) to remove the tobacco industry from future rankings.

The Kenyan authorities should remain steadfast and focused to the provisions of its Constitution that guarantees all its citizenry of the right to the highest level of attainable heath and the right to be informed. This right includes the protection of harmful products from the tobacco industry. and that they products are harmful and now they are No 1 cause of preventable death.

We urge the Kenyan government to remain vigilant and take measures to protect their our populace from hazardous products that haves been proven to kill if consumed as prescribed by the manufacturers. Their economic justification for their existence does not give them a platform to undermine governments’ steps to put the lives of many before profit. The FCTC being the most acceded treaty in the UN system speaks volumes about the nature and nurture of the entity i.e. the tobacco industry.

We urge the government to increase funding for tobacco control programmes in view of the emerging challenge of Non-Communicable Diseases in the country. Tobacco is a risk factor and effective implementation of the FCTC is key in averting a preventable global catastrophe. The tobacco industry can not be a party to efforts of governments to protect their citizens because their sole aim is profits irrespective of the consequences of their trade.

Signed by:

Kenya Heart and Lung Research Centre

Centre for Tobacco Free Education and Development

Consumer Information Network

Kenya Ant-Tobacco Growers Association

Youth Education Network

Lifeline Foundation

Going Home

Talent Nurtures Troupe

Social Needs Network

International Institute for Legislative Affairs

Women for Justice Africa

Tobacco and Alcohol Free Initiative

Social Liberation and Health Promotion Club

Boran Education Institute

Den of Hope Youth Group

THIS

“A Tobacco-Free Kenya”