There is blatant abuse and violation of Part V of the Tobacco Control Regulations 2014 by public officers.
The officers include high l ranking public officers at the National and County governments.
This is according to the Tobacco Industry (TI) Interference Index.
The Index is a report on how countries are implementing the WHO Framework Convention on Tobacco Control (FCTC) Article 5.3 guidelines.
The report was released last week by the Consumer Information Network (CIN).
Kenya has scored 40 points over 100 compared to 33 points scored last year.
The higher the score, the worse the country is performing in implementing the Guidelines for implementation of Article 5.3 of the WHO Framework Convention on Tobacco Control on the protection of public health policies.
This is in respect to tobacco control from commercial and other vested interests of the tobacco industry.
The report lauded Kenya in enacting laws and regulations such as Tobacco Control Act 2007 and the Tobacco Control Regulations 2014 and the Shisha ban 2018 to protect tobacco control efforts from tobacco industry interference.
However, Public officers and authorities in several government departments seem not to be aware of or have total disregard of the provisions of the law that regulate interaction with tobacco industry.
The reports notes that the COVID-19 pandemic has been used as an excuse to suspend critical provisions of the law that regulate the interaction of tobacco industry
It said the tobacco industry has been granted a leeway to undermine and violate several tobacco controls provisions that have taken ages to enact.
“If allowed to continue, the unhealthy relationship traps the Government to the charities of the tobacco industry, during the pandemic which could become the new norm thereby eroding all the gains made in tobacco control,” reads the report.
The report notes that the donation of Kshs.10.6 million into the COVID-19 Emergency Response Fund by Cigar making firms, the acceptance of the donation and the reciprocation by the Government by listing tobacco products as part of the essential products to be granted exemptions in the COVID-19 containment measures is an example of the consequences of the government accepting donations from the industry.
The law forbids such donation and benefits from the tobacco industry.
The report notes that just like in the 2019 report, senior public officials continued presiding over tobacco industry related activities.
Tobacco companies are still awarded prestigious awards even by government agencies notwithstanding the harm that tobacco products cause to the peoples’ health, environment, and the economy.
“In 2019 for instance, BAT was awarded the Solid Rock Commendation (Lifetime Achievement) for Exporter of the Year Award through a project of Kenya Export Promotion Council (EPC) which is a state agency. The Deputy President of Kenya attended the event along with a number of Cabinet Secretaries and other government officials,” said Samuel Ochieng, CEO Consumer Information Network.
Ochieng said some high-ranking tobacco industry officials continued to serve concurrently in strategic government agencies boards.
The tobacco industry has also continued cascading their interference antiques to the county governments.
The report recommends that the Cabinet Secretary for Health should develop the code of conduct envisaged in Section 24 of Tobacco Control Regulations 2014.
It is also important that the Ministry of Health creates awareness among all sectors of government on the code.
“Tobacco Control Regulations requires a procedure to be put in place to disclose all records of interactions, this procedure should be developed and implemented. Section 34 of the Tobacco Control Regulations 2014 requires every public authority involved in tobacco control to prepare and submit annual reports on Part V (public-tobacco industry interactions) to the Tobacco Control Board,” reads the recommendations.
Any lobbying, philanthropies, political contributions and all other activities of the tobacco industry and any business and non-business partners and supporters of tobacco industry involved with the public authorities should be prepared and made public.
The report calls on the Government to ensure strict adherence to the Tobacco Control Regulations 2014, Tobacco Control Act 2007, The Constitution of Kenya 2010 and the article 5.3 of the WHO Framework Convention on Tobacco Control (FCTC) even in times of pandemics such as COVID-19.
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