The WHO International Conference on

Global Tobacco Control Law:

Towards a WHO Framework Convention on Tobacco Control

7 to 9 January 2000, New Delhi, India

Paper

Consumer Protection and Tobacco - NGO Strategies for Combating Tobacco

Proliferation in Developing Countries of Asia

Authors

Sri Ram Khanna (Ph. D.)

Reader : Commerce and Business Studies, University of Delhi, Honorary Managing

Trustee, VOICE

Voluntary Organisation in Interest of Consumer Education (VOICE)

F-71 Lajpat Nagar II, New Delhi 110024 India Email : <srkhanna@giasd101.vsnl.net.in>

Roopa Vajpeyi (Ph.D) Reader : Dept. of English, Kamala Nehru

College, University of Delhi

Voluntary Organisation in Interest of

Consumer Education (VOICE) F-71 Lajpat Nagar II, New Delhi 110024 India Email : <srkhanna@giasd101.vsnl.net.in>

Ms. Mary Assunta

Consumers’ Association of Penang

(CAP) 228, Macalister Road,

10400 penang, Malaysia.

Email: <massunta@tm.net.my>

This paper is commissioned by, and produced for the World Health Organization, Geneva

INTRODUCTION

With the tobacco companies being booted out of the North, the South has become a target of hard sell strategies adopted by the tobacco giants. Non-governmental organisations in a number of developing countries have recognised this and taken up the challenge to fight tobacco proliferation. NGO’s have used a wide variety of strategies and measures resulting from their experience, skills and the environment in which they operate. These strategies are by no means similar. Yet one can feel a common thread running through them. Chapter 27 of Agenda 21 on non-governmental organisations (NGOs) identifies as a major challenge “the need to activate a sense of common purpose in all sectors of society.” The common purpose in the context of this paper is to mobilise awareness among various civil society agencies to combat the tobacco menace. From farmers to educational institutions, from health workers to employment sectors, from governmental departments to entertainment business, tobacco spreads its tentacles to all social and economic, political and cultural aspects of human existence. Many of the above agencies are actually working for the tobacco industry, either knowingly or due to pressures beyond their understanding and control. Medical and scientific studies from all across the world have increasingly reiterated the fact that tobacco kills. This paper will focus on what has been done by NGOs and what can be done in key specific areas of health, education, legislation and policy formulation in tobacco issues to protect the health of citizens as consumers. The need of the hour is for feasible and people oriented solutions to the wide range of manipulative, devious and dangerous practices of the tobacco forum. Through the detrimental health and social effects of tobacco have been proven and documented beyond doubt. Tobacco consumption continues to thrive in the developing countries. The problem has been compounded by low awareness levels, faulty legislation and crumbling cultural curbs. Policing tobacco proliferation is not an easy job for the administrative, legislative and judicial systems, which are somewhat, removed from the ground realities. The need for an effective instrument to bring about healthy changes-both attitudinal and legislative-has never been more acutely felt. It is at this crucial juncture that NGOs need to step in and stem tobacco proliferation by making it a mass movement through community investment. With anti-tobacco crusades initiated by NGOs already showing steady and encouraging results in some areas, there arises a need to scrutinise their work to facilitate understanding of their approaches. This exercise is especially important because Asian communities are steeped in culture and no two communities can be called alike in nature, composition or traditions. NGOs recognised this quality early and have made an earnest effort to utilise the characteristic to the advantage of their campaigns. With the diversification of their activities, the unique features of their approaches have also become evident and a clear outline of distinct methodologies has come to light. Yet, they have common vulnerable points like poverty and illiteracy, which make them susceptible to onslaught of slick advertising. With tobacco advertising capturing people’s imagination on the one hand and NGOs making strides in their tobacco eradication campaigns on the other, it becomes important to do an in-depth study of all those tools that have been put into use by anti-tobacco activists in the consumer movement and civil society. It is only a comprehensive and in-depth study of different strategies adopted by NGOs, individually and in the light of their combined efforts that can show the way for evolving a future course of action. Consumers of tobacco and passive smokers in many countries have begun to actively exercise their rights against this lethal product. People who have suffered and governments, are going to court to get compensation. Public pressure and intolerance against this product is intensifying. Legislation is tightening around this product particularly in the west and consumption is going down. The decrease in consumption and public pressure in the US and Western Europe, have resulted in the tobacco transnationals turning to Asia and other developing countries to make up for their declining sales in their

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home markets and also to exploit cheap production costs. Today Asia presents a lucrative and fastest growing market in the world at the rate of 8 percent per annum. Tobacco transnationals practice scandalous marketing tactics in developing countries that they are not allowed to pursue in their home countries. They blatantly advertise, sponsor music and sports events, and give away free cigarettes to teenagers. The women in gold saris handing out Benson & Hedges cigarettes in Sri Lankan discos, young women dressed in red and white handing out free Marlboros in Cambodia, the Salem Cool Planet concerts in Malaysia, are all testimony to scandalous double standards and total disregard for human life. In 1964 the US Surgeon General issued the first report declaring cigarettes to be a major cause of disease and death. Despite this knowledge, the U.S. government was instrumental in forcing the opening of markets in Asia in the eighties that were then closed to its tobacco transnationals. Japan, Korea, Taiwan and Thailand were running their own tobacco monopolies with promotions. But after U.S. using the Super 301 trade clause, opened these markets and captured the young with glittery advertisements, the results were devastating. After the arrival of the Marlboro Man and other American cigarettes, smoking among the young in these countries rose significantly: 16 percent in Japan, increased from 19.5 to 32.2 percent in Taiwan, and increased 24 percent among the Thai teenage smokers. While a few Asian countries such as Thailand and Singapore have taken giant leaps in tobacco control and made much progress, most countries remain lagging far behind. The lack of comprehensive tobacco control policy, coupled with weak legislation and lax enforcement has caused tobacco transnationals to play havoc on Asians. In some parts of Asia, governments themselves have a stake in the tobacco industry. Hence they find themselves in a conflicting situation to control and regulate an industry on one hand while on the other make monetary gains from it. Many Asian countries are also young economies just opening up their markets to transnational corporations and this puts them in a vulnerable position against the powerful tobacco companies. Hence there is a reluctance to take a strict and non-compromising stand on tobacco control activities. The tobacco industry has also cleverly created strong alliances with farmers, workers and traders who inevitably become dependent on the industry. The key to lobbying and advocating for better tobacco control measures lies with consumer groups and NGOs. Being people-based organisations, they possess in-depth knowledge of communities and the complexity of problems afflicting them. They also have skills in public mobilisation and apply people orientated, feasible solutions to problems.

II. TOBACCO AND THE ROLE OF VARIOUS STAKEHOLDERS

STAKEHOLDERS

Governments Judiciary Industry NGOs Consumers

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GOVERNMENTS Analysis of Its Present Stance Government in the process of fulfilling its responsibility towards its citizens is expected to provide every individual a chance to live a healthy life. In some cases reality is diametrically opposite to this stated role. This is so because of the short sighted approach to development which most governments adopt in the developing countries. The cash starved governments do not want to impede their revenue collections by legislation which can hamper industry even if the industry is out right harmful to the people, as is the case with the tobacco industry. What is required to correct this lapse in government policy is not only that governments have to undertake serious research to estimate the loss of revenue on account of diminishing productivity but also the health costs which the state bears in a heavily subsidised health sector and compare it to the revenue generated by its support of the tobacco industry. This scenario does not stop with individual countries. It has now acquired a north/south profile because multi-lateral bodies like the WTO with their pro-industry and developed nations stance have further complicated the issue. Therefore the present stance of the governments of developing nations is confused, ambiguous and one of helplessness. Contradiction within the government agencies Experience shows that once the tobacco business is well established it is difficult to dislodge it from the financial picture of the country. It tends to create contradictions and differences within the various agencies of the government by playing the economic instability card. An example being the ‘M/S Kastoori Manjan Vs The Union of India case’ where the Health Ministry of India supported a ban on chewing tobacco as a result of its extremely harmful health consequences. On orders of the High Court of Rajasthan a state in north India, an expert committee was constituted to determine the health effects of chewing tobacco. In India pan masala and gutka which include tobacco for chewing are widely sold. The expert committee concluded that ample scientific evidence was available to prove that consumption of gutka was harmful to health. A strong recommendation was made to ban the use of chewing tobacco in pan masala/gutka or in any other food items. The report was put up before CCFS (Central Committee for Food Standards) which also includes representatives of consumer associations. The CCFS agreed with the expert committee on the proposal to ban use of chewing tobacco. The report was then forwarded to the Ministry of Health. The Ministry of Health, Govt. of India supported the move to ban use of chewing tobacco, but some ministries stonewalled the move when the ban threatened to hurt economic interests. Intense lobbying ensued in favour of and against the ban. The Ministries of Commerce, Agriculture and Labour vehemently opposed the ban. The clash of opinions between the Ministries of the Government has been the reason why even long after the ban was recommended, its implementation remains a matter of contention within the Government structure. NGOs and scientific opinion favour the ban being imposed on sale of pan masala and gutka. On the instance of consumer groups like VOICE (Voluntary Organisation in Interest of Consumer Education), the CCFS has reiterated its recommendation to the Indian Government calling for a ban on tobacco in pan masala and gutka. The final word is yet to come. This communication gap within various government agencies is fully exploited by the tobacco industry to operate on the tried and tested principle of divide and rule. A convention of consumer organisations and NGOs held at New Delhi on 2 Nov., 1999 called upon the Indian Group of Ministry constituted for this purpose to impose a ban on this product. Above and beyond the need for localised networking, an increased awareness of the need to improve communication amongst various stakeholders is being increasingly felt. Identification of common interests

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is the first step towards building a network, which can acquire the force of a responsible pro-consumer lobby at the global level. Governments and Advertising In India cigarette companies cannot advertise their products in the state run channels of communication and entertainment. This is not the case with many others developing countries of Asia, for example Pakistan. With the advent of satellite television and direct to home broadcasting it has become increasingly difficult for governments to contain the reach of such advertising, in addition to the already existing problem of surrogate advertisement. Barring a few countries (Singapore, Thailand) none have any effective form of regulation to control such advertising. Governments have been hesitant to address this issue, mostly due to the pressures of the tobacco lobby. As long as governments do not impose a comprehensive ban on tobacco advertising it will remain a powerful agent for trapping new victims. What is required is a global policy on tobacco advertising. This is the only way of ensuring a comprehensive and effective strategy for the many insidious techniques adopted by the industry. This will also rule out national ambiguities and check cross border infiltration of tobacco advertisements. Advertising in the print media, in cultural and entertainment events and web sites, all must be covered by this ban. Aggressive counter advertising, including increased visibility for statutory warnings should also be made mandatory Governments and Legislation Governments have the policy making and legislative powers and they must use these to empower other pro-consumer stakeholders like NGOs to take on the tobacco lobby with their united and concerted might. Governments and Funding of Tobacco Governments have been patronising tobacco companies through indirect funding, and also providing subsidies to tobacco cultivators for generating employment opportunities. Tobacco companies further ensnare people into the tobacco trap by creating employment opportunities. A multi-billion dollar industry has the capacity to generate livelihood for millions by way of tobacco cultivation, manufacturing, packaging and sale. Though tobacco is an unsustainable activity all round, it does manage to create employment for people in the short-run. This aspect is exploited to the hilt by the industry to forward its interests and to create a rift between the governments, people and NGOs regarding tobacco curtailment. The fact that rehabilitation of displaced workers is not an easy option for governments of developing nations is also one of the reasons why tobacco is proving to be a difficult enemy. The industry has been successful in creating a vicious cycle whereby it becomes difficult to disentangle people from the net of tobacco dependency in many senses. Economic option for the poor in form of packaging of tobacco products like beedi, gutka and pan masala are intentionally created and the workers are used as cogs in the tobacco wheel. INDUSTRY Media and Advertising The tobacco proliferation agenda is pursued at different levels by the industry. The intention is to use every possible trick to push the product. One of the most effective ways of keeping tobacco related sales’ soaring is to capture the imagination of people through advertising. The 20th century has seen advertising rise as a tool in the hands of the industry like no other. Advertising has become a potent and

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powerful tool in the service of consumerism. Rapid advances in information technology have helped advertising refine its methods for perpetrating fraud on millions of buyers of all kinds of products. Tobacco industry has made every effort to act on the euphoria and response, advertising can generate and have succeeded in cashing in on it in various ways. Already tobacco industry is the world’s most profligate advertiser with billions of dollars allocated to advertising alone. With a full-fledged advertising industry ready to offer their expertise to the tobacco industry, many ingenious ways have been designed to seduce people into smoking. An example being the ‘Made For Each Other’ contest introduced by WILLS in India where smoking was projected as a fashionable and glamorous activity for the young and the successful. Expensive prizes were thrown in to create interest in the contest and cigarette smoking was linked to conjugal harmony and beauty. Subliminal advertising was applied to create a long lasting favourable impression in the viewers’ mind and to imply that anybody bereft of the pleasures of smoking was incomplete and not respectable. With advertising becoming a source of financial sustenance for mass media, tobacco advertising finds its way into all forms of entertainment. It’s surreptitious but persistent prevalence every where can be noticed in its reach. The danger however lies in its working its way into the unguarded communication channels open to all viewers irrespective of their age, gender or literacy levels. Another advertising technique employed by the industry is ‘surrogate advertising’. Sponsorship of important and popular sports and cultural events is a very clever ploy. It also takes them out of the net of direct advertising, which is a banned activity in some parts of the world. Popular events like sports extravaganza, rock concerts and celluloid mega-events are associated with tobacco promotion. A recent example was the sponsoring of the Indian Cricket Team by WILLS, a subsidiary of BAT (British American Tobacco). Cricket being the most popular sport in South Asia is avidly watched and religiously followed in the sub-continent. With WILLS calling the Indian cricket team, the ‘WILLS Indian Cricket Team’, a positive association has been forged between the energetic game of cricket and smoking. This kind of powerful construction has prompted people, especially the young, to view smoking in a positive light. An association between a negative product like tobacco and a positive game like cricket is formed to cleverly forge links between the two and then manipulate the association. The tobacco industry, parasitic in nature, gets a foothold in the market and consumers’ mind through exploiting every opportunity for advertising its products. Analysing and combating the menace of state of the art advertising strategies has become a full time occupation of many NGOs. Laws have had to be devised to curb its unethical proliferation in all aspects of consumer lives. Industry and Consumers The tobacco industry has been founded on negativity on all fronts. All aspects of tobacco production, cultivation, sale and consumption relate to one or the other negative fallout. Its growth into a multi-billion dollar industry and its consequent revenue generating ability have only confused priority for governments and made NGO work more complicated. With slick tobacco advertising alluring more and more young people from the developing world into the death trap of tobacco addiction, it has become increasingly important for the developing countries and concerned parties to make a joint effort to study and analyse the problem and come up with effectual solutions and a far-sighted long term preventive policy. For carrying out this work NGOs need to be supported with sufficient funding. The vulnerable South Asian communities have been an easy prey for shrewd and resourceful tobacco giants from the West. Their flourishing customised approach for all sections of the society is an added cause for worry for policy makers and anti-tobacco campaigners alike. Tobacco companies have left no stone unturned in exploring ever-new means of promoting tobacco sales. Therefore NGOs have to be alert and update their counter strategies continuously.

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Disguised Int oduction of Tobacco in Mainstream Products

Accelerated medical, social, civic action and awareness drives against tobacco have put the industry under pressure to explore ever-new avenues for tobacco use and proliferation. An increasing trend is its infiltration into daily use product, food items and alternate medicine. This innovative manifestation of its use mostly goes undetected, as the labelling laws are extremely lax and ingredients are seldom properly listed on the packaging. The addictive quality of tobacco ensures that tobacco consumption becomes a habit with unwary users. Many cases of such ulterior activities being pursued have come to light. An Indian case in point being the 1992 ‘Kasturi Udyog, Bundi and others Vs the Union of India and others’ case. Here the ban on use of tobacco in toothpaste and toothpowder was held to be fair by the Rajasthan High Court after a petition was filed because an amendment in the Drugs and Cosmetics Act, 1940, barred manufacturers from using tobacco as one of the ingredients in toothpaste and toothpowder. Kastoori Udyog sought relief from the Rajasthan High Court demanding that respondent (Govt. of India) not interfere with the trade or business of the petitioners regarding Kastoori Manjan. The petitioners had been manufacturing Kastoori Manjan for more than 20 years. This ‘manjan’ was being used as an ayurvedic medicine for several tooth ailments. The Director, Ayurved Department, had granted a license in favour of the petitioner. The Rajasthan High Court ruled that the possibility of a risk being posed to human lives was enough to let the Central Government prohibit manufacture of drug containing tobacco. Consequently the High Court also directed the Central Government to appoint a committee of experts to deliberate the use of tobacco in pan masala, gutka etc., all these being openly sold in the market as mouth fresheners and easily accessible to users of all ages. NGOs NGOs and Media NGOs have fast recognised and adapted the power and reach of media and advertisements and have woven strategies around these. NGO advertising is however limited and lacks the push, reach and glamour of industry advertising, because of the lack of financial support. NGOs have done a commendable job in doing their might to reverse the effect of tobacco advertisements, despite a David and Goliath kind of situation. NGO and the Funding Issue NGO intervention is needed to persuade the respective governments to phase out their support and funding for tobacco related activities especially in the employment sector and re-channel their finances for rehabilitating all those affected, by providing them alternative means of employment.

NGOs and Judiciary NGOs can learn from the industry about its clever identification of partners and avenues for pushing its agenda. For example the environmental NGOs found supportive judiciary for environment concerns to contain the reach and manipulative approach of the industry in its environmentally damaging activity. All over the world NGO and judiciary networking has succeeded in turning the tables on the industry. A similar approach can be adopted by the anti-tobacco NGOs.

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CONSUMERS Consumer and Advertisement Advertising has been polished into a fine art of deception and is used as a cover up for all the negative effects of tobacco. With glamorous images embedded deep in the minds of the people, the industry works towards creating the smoking habit and once established, towards cementing it. Not only is the average consumer easy prey to such advertisements but, his whole family and community also get influenced by them. Consumers can be empowered both by governments and NGOs. Consumers should learn to use NGO help and all the machinery put into place by governments for their empowerment. It is a question of assuming responsibility by consumers for helping themselves Consumer and Funding of Tobacco Finance is the lifeblood of any industry. Tobacco industry is no exception to this rule. Tobacco scrips are blue chip shares on any exchange because of the returns, which such companies ensure. Investors have confidence in such stocks because they are assured of returns. This is due to factors such as, a sure, ready and expanding market, holding of such shares by quasi-governmental financial institutions, the clout of the tobacco lobby and the assured production of the basic raw material, tobacco. Consumers should act as aware responsible and informed investors and not strengthen the hands of the tobacco industry by investing in their ventures. JUDICIARY Legal Framework and Tobacco In every society primitive or modern, judiciary is seen as an independent institution which renders justice in an impartial manner to the aggrieved parties and sets precedence for future course of action. However experience shows that in pursuit of this objective it gets involved in a lot of procedural bottlenecks, which ultimately impede impartial justice. The legal framework will have to be simplified to expedite the cases. Laws will have to be framed in such a way that they ensure public good. Tedious legal procedures hamper swift handing out of justice causing substantial loss of time and money. The judicial systems of developing countries are grappling with population pressure. Their own discrepancies sometimes result in protracted legal battles. Such anomalies go to the advantage of the tobacco industry who take cover under the purported reason of the case still being under judicial consideration. This allows them time for carrying on their activities and consolidating their position in the market. An example being that of the ‘VOICE Vs ITC Ltd.’ Case, where an advertising strategy of ITC was challenged by VOICE in the court in 1984. The case is still being fought in the Supreme Court of India. Meanwhile, WILLS has expanded its market and is currently sponsoring the Indian Cricket Team.

III. TOBACCO CONTROL MEASURES THAT POSE CHALLENGES TO NGOs

The tobacco industry is quite predictable in its promotions, strategies and operations. Understanding these strategies and instituting control measures to counter them would go a long way in tobacco control. While measures adopted in Thailand and Singapore serve as standards for Asia, other countries such as Canada and Australia have also made tremendous progress and they lay out possibilities for

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nations to emulate. These standards should set the tone of the Framework Convention on Tobacco Control and possible protocols. Below are six areas that are basic to consumer protection that countries should address in tobacco control measures. 1. Tobacco Advertising Advertising increases consumption. This is a basic law of business and it applies to tobacco just as much as it applies to any other product. Though tobacco companies claim otherwise, advertising works and that is why they spend millions devising sleek advertisements to promote their brands in the mass media. Several countries that have banned cigarette advertisements and other promotional activities of tobacco have shown decrease in consumption such as Thailand, Singapore and Australia. While comprehensive bans on cigarette advertising and promotions reduce smoking, limited partial bans have little or no effect. Hence tobacco companies will fight tooth and nail to prevent legislation that imposes a ban on advertising and promotional activities. They will agree to self-regulation or a code of practice on advertising in the place of an outright ban because these measures are ineffective. Hence when legislation is drawn up it is crucial to include bans on direct cigarette advertising as well as promotional activities such as sponsorship and prohibit the use of tobacco brand names on non-tobacco products. It is well documented that tobacco companies will exploit loopholes if the law is silent on such matters. Malaysia serves as a good example of why one should not compromise with the tobacco industry when drawing up legislation to ban all forms of tobacco advertising and promotional activities. The Malaysian Control of Tobacco Products Regulations prohibits the direct advertising of tobacco products in the media, it however does not prohibit tobacco companies from using the cigarette brand names to advertise non- tobacco products and services such as travels, clothes and sports. This has given the companies convenient loopholes to exploit and continue advertisement despite the ban. Malaysia probably serves as the worst example of how this loophole can be exploited to the maximum by tobacco companies. As it is being practised now, it is worse than direct cigarette advertisements as these indirect ones promotes a lifestyle and image. Tobacco transnationals get around the bans on cigarette advertising by going into trademark diversification and sell a lifestyle involving clothes, travels, clubs, bistro, etc using cigarette brand names. This form of advertising is commonly referred to as "brand stretching" or "surrogate advertising". For example R. J. Reynolds has one travel company in Kuala Lumpur but spends millions of Ringgit advertising its services on national television and billboards placed all over Malaysia. The tobacco companies say it is legitimate business and refer to it as "trademark diversification". The Malaysian public, including children, however see it as a front to advertise cigarette brands on television and other mass media. Because of Malaysia’s high tolerance for "tobacco trademark diversification" it has become a testing ground for tobacco transnationals to experiment new tactics in brand stretching and strategies to circumvent bans and restrictions successfully. The Benson & Hedges Bistro for example was experimented in Malaysia by BAT as a strategy to overcome the European Union directive banning advertising. If successful, this coffee & cigarette concept will be transplanted to the rest of the world. Tobacco transnationals hook national media, including government owned broadcasting stations to be dependent on them for advertising revenue. This way despite bans on cigarette advertisements, tobacco corporations still remain among the largest advertising and sponsorship spenders and the media defends them. In Malaysia the government-owned Radio Television Malaysia earned 43 percent of its revenue

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from advertisements placed by tobacco corporations in 1995 which was about US$33million. Government officials then inadvertently become spokespersons for the tobacco industry. There are still many countries in Asia with no restrictions on advertising in national print media, radio or television. Cambodia is a good example where currently there are no restrictions except that there must be health warnings for television advertisements. However this is not adequately enforced. Occasionally there appears an unreadable, split second health warning that appears at the end of advertising. The television companies admit that their main source of advertising income is from tobacco companies, who dominate prime-time advertising with successive 60-second advertisements. When legislation is drawn up to ban all forms of tobacco advertising, it is imperative to spell everything out in detail. The Goa Prohibition on Smoking and Spitting Bill No 1997, for example, includes the ban on tobacco advertisements. That is defined as “any notice, circular, wall papers, pamphlets, display on hoarding or any visible representation made by means of any light, sound, gas, writing instrument, stickers, symbols, colours, logo, trademark symbol, display on articles like T-shirts, shoes, sportswear, sports gear, caps carry bags, telephone booths etc. or any other means which has direct or indirect effect of promoting smoking and tobacco chewing, gul (tobacco), use of tobacco paste, supari with tobacco, pan masala, zarda, gutkha, etc". This bill has had the desired result in the western Indian State of Goa. It has visibly brought down smoking. There is real fear among mass media owners that if tobacco advertising is banned they will lose good revenue. The truth is in countries where tobacco advertising has been banned such as Thailand and Singapore, the media is doing well. 2. Tobacco Related Sponsorships In many Asian countries tobacco companies are free to sponsor events such as sports, adventures, rock concerts, and movies on television and contests. These enjoy wide coverage in the media, especially television. a. Sports Popular sports in several Asian countries are controlled by tobacco money. Soccer, the number one Malaysian sport, is fully sponsored by Dunhill. The sponsorship includes direct monetary support for the sport, all major soccer tournaments such as the local Dunhill Premier League, telecast of major international tournaments such as the World Cup, FA Cup, etc. Advertisements for all sponsorship activities are aggressively carried in all the national mass media such as newspapers and television. Billboards advertising the events are also erected in major towns. For the big events such as the World Cup, Dunhill made car stickers that were freely distributed throughout the country. In Cambodia, Marlboro sponsors the national soccer league. b. Adventure R J Reynolds introduced Camel adventure into Malaysia in the 1980s and after several 4-wheel adventures in our tropical rainforest, Camel is now synonymous with the "ultimate adventure" event, Camel Trophy, and the gear that goes with the action. These adventure events are well-publicised events on national television. One advert described the event as "the worlds toughest and most-exciting off road challenge 1,000 miles into the heart of Sabah." Although the participants in the event are adults, the sense of adventure and nature in the advertisements is appealing to children and young people. Other events associated with tobacco are adventure type activities such as the “Benson & Hedges bungee jumping” and the Mild Seven outdoor endurance race called the “Mild Seven Outdoor Quest”.

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c. Music, Movies & Contes st

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Pop music appeals to young people and pop stars and artistes, local and international, have massive following among children and young people. Hence tobacco companies use music to hook the young. Brands such as Salem, Benson & Hedges and Peter Stuyvesant sponsor music in a big way in several Asian countries including India, Malaysia, Sri Lanka and Cambodia. They sponsor concerts by bringing in mega stars in the international music scene, they sponsor music programmes on television, and they organise disco parties. In Malaysia R J Reynolds operates a record shop called Salem Power Station which organises pop concerts in the cities and sponsors music concerts on television under the "Salem Cool Planet" banner. It chooses entertainers that have a controversial image, defy the conventional, and rebel against acceptable norms, such as Paula Abdul, Alanis Morrisett and Jewel who have all performed in Malaysia. These events are heavily advertised over television, radio and newspapers. In conjunction with these concerts, the company also sponsors radio contests where listeners can win free tickets to their concert by answering trivia questions about the performing artiste. RJ Reynolds would also sponsor contests through newspapers to win free ticket. Since tickets to such concerts are usually expensive young people are eager to win a free ticket. While in Malaysia free distribution of cigarettes as been outlawed, in Cambodia they are still handed out to concert-goers, including children. Needless to say huge cigarette adverts appear as backdrops on the stage or at the stadium where the concerts are held. Another effective way to hook young people is through movies so tobacco companies sponsor movies on television. In Malaysia Perilleys sponsors the "Perilleys 25 action movies" while Dunhill has a long running sponsorship called the "Dunhill Double". Salem Cool Planet has sponsored "Blockbuster Spotlight" where free tickets to Hollywood movies such as My Best F iends Wedding, Face Off and Air Force One were distributed. Of course the heroine in My Best Friends wedding smokes Marlboro. Benson & Hedges also sponsors a television documentary called the "Benson & Hedges Golden Dreams", which is about young people fulfilling their dream adventure. In India ITC’s WILLS found a novel way to attract young people by organising a "Made For Each Other" contest where smoking is projected as a fashionable and glamorous activity for the young and successful. Expensive prizes were offered to create interest in the contest and cigarette smoking was linked to conjugal harmony and beauty. It is necessary to dispel the myth that sports and music will collapse if tobacco companies stopped sponsoring these events. In countries where there is no tobacco sponsored events, these activities are thriving from sponsorships by others. It is also possible to have dedicated taxes earmarked for sports and cultural events as illustrated by Vic-Health in Australia. 3. Restrictions On Cross Border Media Including Satellite Television If a country has comprehensive tobacco control measures in place but if its neighbour has weaker measures, this can pose to be a problem for that country. Thailand and Singapore are good examples of countries at the receiving end of cross-border proliferation of tobacco advertisements via broadcasts from Malaysia. Both Thailand and Singapore have strictly enforced prohibition on tobacco advertising and sponsorship activities. But unfortunately the Thais in South Thailand and the Singaporeans are bombarded with cigarette surrogate advertising from the Malaysian television channels. The Thai law, though among the toughest in the world, has exempted this form of cross border advertising. Section 8 of the Tobacco Products Control Act of 1992 states that "No person shall be allowed to advertise tobacco products or expose the name or mark of the tobacco products in printed

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matter, radio, television or any other media or to use the name or mark of the tobacco products in the shows, games, services or any other activity, with the objective of letting the public understand that the name or mark belongs to the tobacco products." However the second paragraph makes an important exception. It says, "The provision of paragraph One do not apply to live broadcast from abroad via radio or television nor the advertisement of the tobacco products in printed matter from outside the Kingdom provided it does not have the objective of being disposed of specifically in the kingdom. This exemption goes beyond cross border television programmes to more pervasive invasion such as imported movies, imported television programmes, live telecasts and satellite television. Movies from Hollywood and other countries that show product placement and have a high percentage of characters smoking are allowed to be screened in Thailand. Movies are pervasive in their influence on young people and these are difficult to censor. American movies are popular in Thailand and many other Asian countries. Whilst Thailand has made local TV channels and production companies agree not to show smoking the Thais are unable to influence filmmakers from abroad to respect the Thai laws. Singapore’s prohibition on cigarette advertising extends to include foreign publications as well. However both Malaysia and Thailand have exempted the ban for foreign publication coming into the country. Hence magazines such as Time and Newsweek imported into Malaysia and Thailand carry cigarette advertisements, while the same issue sold in Singapore are without these advertisements. Once satellite television becomes accessible and affordable to the ordinary Singaporeans and Thais, they will be subject to aggressive advertising by tobacco corporations, which will begin to negate the restrictions now in place in both these countries. 4. Restriction on smoking in public places Having a clean smoke-free environment is a basic consumer right and this right is violated if smoking is not banned in public places. Besides protecting non-smokers from exposure to second hand smoke these restrictions also cause smokers to smoke less and even induce some to quit. It is therefore vital to work towards establishing smoke-free public places and work places as this sends out a clear message that smoking is hazardous. In many parts of Asia smoking is still allowed in public places. If it is banned, often the enforcement is weak. In countries where there is no legislation as yet such as Burma and Cambodia, smoke-free places have been created purely by private initiatives. ADRA an NGO in Cambodia for example has through its own initiative created several smoke-free pagodas, hospitals and schools in Phnom Penh. When a restaurant puts up a no-smoking sign, these are easily ignored because there is no legislation on this. In Malaysia though there is legislation designating certain public places as smoke-free, in air-conditioned restaurants allow smoking in one part of the restaurant. Although this practice has no logic, but moves to declare all eating places smoke-free, have been blocked by the tobacco lobby. Strong objections come from restaurant and coffee shops owners themselves since they promote cigarettes. Hence it works against their interest to ban smoking in their premises. Cigarette companies sponsor their pay-counters and these counters serve as one big advertisement for specific cigarette brands. Restaurant and coffee shop owners have to be reassured that they do not lose business if they ban smoking in their premises, as proven by smoke-free restaurants in many countries. Cigarettes companies are quick to fight ban on smoking in places frequented by young people such as discos and other nightspots because they use these venues to hold their disco parties and promote their brands to young people. It is vital that non-smokers exert their right to a smoke-free environment and ask for public places to be declared smoke-free. What constitutes public place is also important. The ruling in the recent landmark

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judgement in the Kerala High Court is a helpful reference to determine what constitutes a public place; property belonging to the state, camping grounds and grounds left unoccupied for sanitary or recreational purposes. This is an all-encompassing definition that prevents smokers from smoking on the streets. This verdict has been implemented and reports indicate that the sale and consumption of tobacco has reduced. 5. Restrictions on sale of tobacco products to m nors i

Because tobacco kills half of its users prematurely, short of banning it, it should be treated as a restricted product. Since 80 percent of those who start smoking do so before the age of 20, and because tobacco companies target children, tobacco should be made inaccessible to children. Smoking among children in many Asian countries is on the rise. However banning children from purchasing or smoking or chewing tobacco will have its drawbacks if enforcement is poor. We must remember that smoking has always been portrayed as an adult activity, forbidden to children, and that is what makes them attractive to children. Reducing youth accessibility therefore should be part of an overall tobacco control program. In Thailand, Malaysia and Singapore children are prohibited from smoking and purchasing tobacco. However this has not stopped children from smoking in these countries. Enforcement of tobacco control laws in Thailand for example is described to require constant vigilance on the part of the local tobacco control groups. A 1996 purchase survey for example showed that 97% of 15 year olds who had tried to purchase cigarettes had been successful. In Malaysia smoking is a discipline problem in many schools and students caught smoking are punished. A ban has not stopped children from smoking and in fact more are starting to smoke. They are still able to purchase cigarettes particularly in the rural areas where children purchase cigarettes for the older members of their families. Extensive education programmes both for children and adults are necessary to change habits. A ban on minors smoking or purchasing cigarettes must be part of an overall comprehensive tobacco control program for the entire population. In fact tobacco companies themselves have organised "anti smoking" campaigns targeting school children. In Malaysia the tobacco industry joined forces and did a media blitz on "Youths should not smoke" which of course made smoking even more attractive to young people. The companies also ran a campaign in the print media that sales to under-18 are prohibited. This campaign was timed right after Singapore licensed their retailers. This move was an attempt by the companies towards self-regulation and to discourage the Malaysian government from following Singapore’s strict moves to license retailers. In many parts of Asia, including Burma, Indonesia, Cambodia and Vietnam, there is no ban on tobacco use among children and no ban on sales to minors. According to the Cambodian Ministry of Health an estimated 20-30% of children smoke. These figures will rise if no intervention is made. While some Asian countries are ahead in tobacco control and are trying to establish a ban on sale of tobacco to children it is more complex for countries such as India, Indonesia, Bangladesh and Philippines where children are directly involved in the tobacco business. They not only sell cigarettes and bidis but many are also involved in the production of bidis so that they and their families can eat for the day. In India for example children are employed for 45 cents a day to roll bidis. In northern Bangladesh children squatting on the floor with hundreds of other workers and roll out more than 4,000 beedis in an 8-hour day. They take away a miserable Taka 52 (just over $1) for their work. For these countries the bigger battle is against poverty. However tobacco control groups need to expose how the tobacco business exacerbates poverty and exploits child labour. Such situations violate existing Convention on the Rights of the Child and international labour standards.

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6. Restrictions on labelling, packaging and pricing Adequate labelling, such as sufficient information about the product, is a basic requirement for all consumer products and is addressed in labelling laws. However the lack of sufficient labelling for cigarettes and tobacco products is perhaps the most scandalous of trade practice. It is scandalous that manufacturers of tobacco products refuse to inform consumers of the contents. Perhaps even more scandalous that they refuse to disclose the ingredients on the basis of trade secret when in reality many of the chemicals released are carcinogens and poisons. For any other product such non-disclosure would have amounted to trade malpractice. In fact a product with so many carcinogens and poisons would have rightly been banned. Unfortunately, the reality about this consumer product is, it is still legal, cheap and widely available. Only when convinced governments put some form of warning on cigarette packets. In most Asian countries with the exception of Singapore and Thailand, these warnings are meaningless. Governments have taken more drastic actions over other consumer products such as the ban on milk from Europe for fear of contamination of dioxin. Cigarette smoke contains dioxin yet it is a non-issue. Do warnings work? While there has been some doubt cast on the effectiveness of health warnings on cigarette packets, there is a general consensus that in order for warnings to be effective they must to be specific, varied and obtrusive. However the reality with the major part of Asia is that warnings are either non-existent or too minuscule and meaningless to have any effect. In countries such as Cambodia and Vietnam there are no health warnings on tobacco products, for both local and imported cigarettes. Is an ineffective warning better than no warning? In Malaysia the law calls for a health warning to be placed on all cigarette packets. Hence each packet carries the warning: "Warning by the Malaysian Ministry of Health: Smoking is hazardous to health." It appears on the side of the packet, not less than 3mm font, in the same colour and background as the name of the brand. This way the warning blends in with the design on the box and smokers do not turn the box to the side to read before lighting up. Only this single, general warning has been appearing since the law was implemented in 1994. Such a meaningless "warning" does not serve any purpose. Thailand again serves as a good example of effective health warnings on packets. They are specific, varied and obtrusive. Thailand has 10 different types of warnings including, "Smoking kills" in circulation. The latest addition is, "Smoking reduces sexual ability" The warnings cover at least 33percent of the front surface of the packs. Thailand’s standards can be the minimum to emulate because NGOs in Canada are making even more progress in proposing generic packaging and meaningful warnings that cover 60 percent of the packet. Price is usually the top criteria for a consumer when deciding whether to make a purchase or not. In developing countries the price of tobacco has been kept cheap and affordable to the masses. A cost-effective way to reduce consumption is to increase the price. According to the latest World Bank report on tobacco, children and poor people are the most responsive to price change. A 10 percent price increase results in approximately an eight- percent drop in consumption in low-income countries. For many Asian countries which do not have sufficient budget for tobacco control program, increasing tobacco price would be an appropriate measure for immediate results. Small packs of cigarette containing six or seven sticks also known as "Kiddy packs" are cheap and within the reach of children. Several countries have made moves to ban these small packs. Loose cigarettes and beedis and small packs should not be available.

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IV. TOBACCO AS A CONSUMER PROTECTION ISSUE

Tobacco is probably the most researched consumer product in the world. It is the only consumer product that kills when used exactly as the manufacturer intended. It also affects non-users through involuntary or passive smoking. Ironically despite all the information available about this product, protection for consumers and involuntary users has been grossly inadequate and many continue to be adversely affected and killed by it in a measure matched by no other product. Because of the nature of the tobacco industry, consumer protection from tobacco goes beyond that of consumers of tobacco and involuntary users to include protecting the general public. Consumers have rights that are universally recognised. They are: the right to safe products and services, the right to information, the right to redress, the right to a safe and healthy environment and a right to consumer education. Evidence from around the world indicates that the tobacco business knowingly violates or denies these rights or prevents them from being exercised. Right to safe products and services The whole spectrum of tobacco related activity flouts this basic right of consumers. Not only is the product unsafe in every sense of the word but services related to it are even more objectionable. Consumer organisations can include several aspects of this area into their work. Right to information It is continuously being felt that the level and content of consumer information regarding hazards of tobacco use is insufficient. The present status of warning on cigarette packaging is negligible. The medical information given to consumers is confusing, because of contradictory and shifting stances are frequently taken by medical community and media regarding the dangers of tobacco use. A recent instance being the effect of passive smoking on non-users. First warnings were issued regarding dangers of passive smoking and then withdrawn as it was declared to be a non-issue. Therefore, there is immediate need for clear-cut and unambiguous warnings to users and non users about the deleterious health effects of tobacco. The information must reach the consumers through all available channels of entertainment and education. National governments, civil society and bodies like WHO must evolve a unified approach, through a process of mutual consultation and identify a work plan for implementation of uniform legislation. This makes correct and comprehensive product information mandatory consumers right. The current profile of tobacco products is inundated with mis-information and suppressed information. Since the tobacco companies are not willing to increase the labelling content it is for NGOs and governments to bring detailed information to the consumers highlighting ‘why’ tobacco use is injurious to health or ‘what’ is it in tobacco which causes various types of health problems. A simultaneous compulsory display of information will have to be launched along side of tobacco advertisement or at point of sale. Right to redress This right can be interpreted for tobacco consumers to launch consumer action against tobacco companies for insufficient information leading to serious health problems. Consumers should be compensated or the tobacco companies can meet their health costs. All health problems resulting from tobacco use as identified by medical research should provide sufficient grounds for governments and

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consumer groups to force transnationals to commit certain percentage of their turnover towards a fund for prevention and cure of tobacco related problems. Right to Healthy Environment This can be interpreted not only in terms of bans on smoking in public places, laws concerning passive smoking but also in areas of agriculture and production of tobacco products. The environment lobby claims that tobacco cultivation and production of tobacco products causes soil erosion and contamination, deforestation, climate changes and uses up non-renewable energy resources. Right to consumer education Consumer organisations in their campaigns, awareness drives and educational strategies should specifically focus on tobacco issues from every angle and undertake to educate consumers through every possible means available to them.

WHY NGOs SHOULD WORK IN THE AREA OF ANTI-TOBACCO

Role of NGOs NGOs role in tobacco control is both essential and vital. Evidence around the world, from Australia to Thailand to South Africa to Canada, shows how NGOs have actively contributed towards development of strong tobacco control measures that these countries have achieved. Today NGOs throughout the world continue to be in the forefront of tobacco control activities. There are several key areas in which NGOs can play an active role. NGO work with National and Inter-Governmental Bodies The tobacco corporations often exploit the lack of information by generating their own skewed information. NGOs can distribute the necessary scientific information and facts on tobacco to support and further improve tobacco control. NGOs can support governments when governmental efforts are blocked by the industry or when truth is being subverted. NGOs also have the ability to overcome governmental bureaucracy that often tends to obstruct good intentions in efforts to improve public health. NGOs can publicise critical research, create the platform for public discussion and push governments to act. These can help lay the groundwork and prepare governments to address the issues at international agreements. NGOs occupy centre space amongst the various stakeholders in the tobacco problem. They have the capacity to become a cohesive factor for the issues involved and facilitate the process by which consumers can be empowered to help themselves. The non-partisan objectivity of NGOs gives moral clout to their intervention on behalf of consumers. NGOs can also act as agencies, which can take a holistic approach to the problem and trigger a pro-active and balanced process to resolve them. The links they forge between different sectors of civil society, ultimately clear blocks and promote the exploration of strategies for action. Their basic strength is their ability to mobilise public participation and thus create opportunities for dynamic and immediate action. By highlighting on the spot situation, NGOs are able to bring immediacy to any task at hand. They act as communicators and bring right information to the right sections of people. They provide a face and a voice to the faceless civil society machinery thus humanising processes which otherwise tend to be distant and inaccessible.

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NGOs are action oriented solution finders, their biggest strength is their ability for initiating positive action. NGOs have to form a strong network amongst themselves which will mobilise their respective governments to bring about effective legislation. The present framework convention initiated by WHO is one example of how this can be done. It has initiated and facilitated a process by which opportunities have been created for networking at national, regional and global levels. In this very paper two NGO’s previously unknown to each other are collaborating to articulate a regional strategy in the global perspective. Monitor, expose & confront industry tac cs ti

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NGOs can provide credible evidence by monitoring industry tactics and gathering data from around the world. They can expose to the government, the media and the international community on the contradiction between what the industry says and what it actually does in economically poor countries. Tobacco transnationals should also be confronted about their tactics and double standards. In 1998 Philip Morris went on record to alter its position on youth marketing in the US and abroad. For years it defended its double standards between U.S. and international practices until it was directly confronted about it during its own annual meeting. The internal documents that have been released can also be used as a powerful tool to further expose the industry plans for individual countries in its own words. Since these documents have been put on public record, it is more difficult for these transnationals such as Philip Morris to get away with lying in the US and internationally. Consumer groups should be involved in tobacco con rol Tobacco is a consumer issue and consumer groups should be actively involved in tobacco control activities. Unfortunately at the moment very few consumer groups have put tobacco on their agenda. The anti tobacco lobby will get a tremendous boost if consumer groups came on board. As outlined in this paper there are many issues that can and should be taken up by consumer groups since they already possess skills and have organisational structure that can facilitate activities, conduct surveys and research, mobilise society, generate media coverage and lobby government. what is needed is further training for new comers in preventive education, cessation, campaigning techniques, research and survey, media usage and developing campaign materials. This capacity can be further supported and enhanced if adequate funding is made available to the NGOs by bodies like WHO. PROBLEMS ENCOUNTERED BY NGOs With the increased politicisation of tobacco proliferation, curtailing tobacco consumption is not an easy job for NGOs and other agencies working towards this objective. The tobacco industry pumps millions of dollars, every year into creating lobbies, which augment their proliferation and act as support groups. Pressure is also built up on the governments by providing them with economic and financial sops. An effort is made to make more and more people depend on tobacco for livelihood. A net is build to ensnare every part of the population to fall prey to tobacco production and use. In the wake of such hegemonic activities, NGOs have to contemplate their actions and future strategies very carefully, so as to protect themselves and the people at large from the nefarious designs of the tobacco lobby. Some of the problems encountered by anti-tobacco agencies are:

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Illiterate population. The developing world is handicapped by lack of education facilities and hence the populations are vulnerable to misinformation campaigns. It is also difficult to tackle such misinformation and innovative campaigns have to be designed to reassure and re-establish people’s faith in their tobacco free and healthy lifestyle. Also, the conventional tools of information like the print media and schoolbooks cannot be used to get the message across to the people. This weakness is amply exploited by the industry to woo people into the vicious circle of tobacco use. Irresponsible attitude of people towards long-term well-being An apathetic population is another factor why tobacco containment is proving to be a difficult task. The ill effects of tobacco on health are sometimes not apparent immediately and this lulls the people into a complacent attitude towards their health. Fighting apathy is not an easy proposition because of the enormity of effort involved. Paucity of financial and consequen ly human resources impede smooth flow of work. t NGOs are mostly dependent on outside help for their financial needs and are more often than not, stressed for resources such a paucity of funds affects its functioning and consequently in the effective performance of its strategies. In the developing world the concept of social work has to change from being ‘free service’ to ‘paid service’. NGO: REGIONAL AND GLOBAL PERSPECTIVE The strategies that NGOs use in the developing countries of Asia are an integral part of the region, and when seen in the light of the western campaigns they are different in philosophy and approach. However the efforts of this region cannot be seen in isolation and must be viewed in the global perspective, which tends to influence the local situations. The NGOs in Western countries have been evolving their anti-tobacco campaigns far longer than, those of the developing countries. If their strategies are screened carefully, there will be much to emulate and learn from them. Although various factors in the western societies such as rate of economic growth, awareness levels, legal systems, health machinery, population, literacy, poverty levels etc are all different from those in developing countries of Asia. There are some areas in which it is possible to explore the common ground for mutual support between the Asian and the western efforts at combating tobacco proliferation. Our study has shown that the overall regional strategies though developed in response to local realities of the concerned region are ultimately similar. These problems and the strategies evolved to resolve them need to be identified so that information regarding them can be mutually exchanged. Thus not only can a network be forged between regional areas but a global approach can also be developed. Shift in focus The tobacco industry is forever eyeing new markets to push in their products. With the West being conquered and now slipping out of their hands, it was realised that the industry needed to tap into greener pastures, namely the developing world. Various ploys were used to prise open Asian markets. Use of force was not spared where exhortation did not work. Philip Morris, the biggest Tobacco Company in the world, already conducts more profitable business outside the US than within the States. The Section 301 of the 1974 Trade Act was used as an effective weapon to arm twist many developing countries into opening their markets to the tobacco transnational giants. Thailand, Japan, South Korea and Taiwan being just some of the examples. NGOs in this region will have to analyse the strategies of

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their counterparts in the west and reinterpret them according to their local needs. Special attention has to be paid to the legislation and law suits so that necessary enactment can be made to check the tobacco companies. International lobbies NGOs world over will have to unite and exert pressure on their respective governments to formulate legislation, which is similar for the entire region and free from loopholes, so that tobacco companies have to face restriction wherever they operate. The need is for a universal code. Legislation will eventually have to be extended beyond regional application and gain global perspective. Regional forums such as SAARC, ASEAN etc. can be used for tobacco control along similar lines adopted to combat terrorism. Focus on education One area where NGOs have a commonality is the importance given to education. In the current situation the region of this study is faced with problems of lack of education amongst tobacco users. International bodies have to support the Asian effort with their experience and resources. Media presence The industry has successfully used the global reach of media presence to promote itself. In a similar fashion NGOs need to devise ways and means of using media to promote their anti-tobacco agenda. Government can have a two pronged strategy to support the NGO effort in this direction by introducing tax concessions or levying penalty tax for not carrying or carrying tobacco advertisements by the media. NGOs can also seek co-operation from the print-media by acknowledging their efforts in supporting and strengthening the movement. They can become partners in sharing social responsibility and projecting themselves as tobacco-free newspapers. Special columns, features highlighting the dangers of tobacco can be regularly included. User profile Asian communities are known for their attachment to their traditional and cultural values, religious sentiments and family bonding. NGOs can utilise this threshold of Asian life style to the best advantage by adopting the campaigns based on religious and social dimensions. Tobacco companies use symbols that are not an integral part of Asian lives and hence a conscious effort can dislodge the impact they (the ads.) create. The polity, economy and population characteristics. The governments of developing countries in Asia are preoccupied with the economic and people centric problems, which are quite similar in this region. NGOs in this region should initiate strong government action by exposing the tobacco consumption related health problems and the manipulations indulged in by the tobacco industry. NGOs in the developed countries should lend their expertise in this area and share their data on the research studies to enhance the capacities of Asian NGOs working on tobacco issues. Modern Dispensing/Vending Machines Tobacco companies to make their products more easily available to the people are using located vending machines. This trend will have to be stopped by not allowing the machines to be placed in places frequented by women, children and in universities etc. Unlike the west, in Asia this has not yet become very popular. Asia does not have a man power crunch, moreover, cost of these machines and their maintenance is relatively more expensive exercise than manned outlets of tobacco sale.

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V. ANALYSIS OF NGO STRATEGIES FOR COMBATING TOBACCO

PROLIFERATION Strategies based on ground realities of local situations are devised by NGOs for combating tobacco proliferation. They can be grouped under three different heads: Pre-use or ‘Stay Away’ strategies Post-use strategies Countering strategies. With people becoming increasingly aware of the hazards of tobacco use the thrust area of NGO action is in strengthening the pre-users through strategies which help prevent new users from being inducted into using tobacco or tobacco based products. The post-use strategies and countering strategies run parallel to supplement the pre-use strategies. That is to say new users are prevented from becoming addicted and existing users are helped to cope with their addiction. Countering strategies takes on the tobacco lobby head on by dealing with them on their ground, through legislation, lobbying and litigation.

‘STAY AWAY’ STRATEGIES This section of the paper documents various strategies, which NGOs in the developing countries have evolved or adopted to focus on traditional non-users of tobacco in any form. These include women, children and other adults. These strategies have found expression through various agencies operating in civil society for checking and containing the spread of tobacco use amongst the community. Some of the most important are: - 1) Education a) Formal Education Formats b) Cultural Formats c) Making Professionals Instruments of Change 2) Counter Advertising 1. EDUCATION Education is one of the most important and useful tools that NGOs have used to their best advantage. Educational strategies are the best known ‘Stay Away’ strategies with which NGOs have effectively curbed tobacco use amongst consumers. Education plays a very important role in keeping at bay the tobacco menace. It is also a self-sustaining link, which does not need to be initiated afresh, once it is set in motion. Educational methods have acquired different aspects and forms in different societies. Education strategies have been made culture and region specific to appeal to the people and to simplify learning. On other occasions, the anti-tobacco message is incorporated in the mainstream education systems. NGOs have the advantage of being well versed with the local culture and social set up since they are often closely linked to the communities they work in. This gives them rare insight into the minds of the community and enables them to use methods of education comprehensible to the local population.

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Education strategies have been employed in the following ways by NGOs : Cultural Formats Formal Education Formats Making professionals an instrument of change a) Cultural Format NGOs have utilised the local traditions, creative artistic life of the community as a medium to take their message to the people. Such an approach has always given desirable results because it takes the help of a medium, which is closer to the lives of people. Following are some of the case studies of NGOs working with the cultural format. Case Studies ADHUNIK (Bangladesh) Culture and region sensitive approach has shown tremendous results. ADHUNIK has encouraged religious leaders to take the lead and stem tobacco proliferation. It has also recognised the fact that political and religious leaders can serve as role models for the population and their popularity amongst the people can go a long way towards spreading the anti-tobacco message. Bangladesh is the third largest Muslim country in the world and Islamic teachings have a deep influence on the population. ADHUNIK has adopted the strategy of making religious teaching the conduit of bringing about a clear shift in the perception of tobacco in the local mindset. As a result of ADHUNIK’s persuasion, the religious leaders (Imams) began to address the tobacco issue at Friday congregations in 1991. This is a perfect example of adoption of people-specific and region- sensitive approach to the problem. Some of the steps taken towards this goal were to sensitise the religious teachers (Imams) towards the harmful effects of tobacco by special training programmes where booklets on addiction and detrimental effects of tobacco consumption are distributed. Encouraging leaders to deliver lectures in every mosque of the country against tobacco use. Arranging TV and Radio discussion programmes with Muslim intellectuals on tobacco – addiction projecting it as a habit alien to the tenets of Islam. ASH Foundation of Thailand has customised its target groups on basis of culture and gender. ASH has tried to spread the word around by encouraging and motivating women to avoid taking to smoking. In order to sustain the tradition of non-smoking values of Thai women, the “Thai Women Don’t Smoke Programme” was set up in 1995. The mass media has been actively involved in promoting the project. The emphasis on educating women about non-smoking habit is especially important because women serve as role model for their children and families. ‘Narayan Seva Sansthan’, an Indian NGO operating in rural Rajasthan, a northern Indian state, has taken the anti-tobacco message deep into the heartland of the state and has been able to succeed with its culture specific approach. Simple tools like use of the local language, pictorial references, posters and catchy slogans in the local dialect have been implemented to good effect. The Sansthan has understood the beliefs of the people and has used age-old methods to attract attention towards its campaigns. In Indian mythology the Rath(chariot) has always held a very special place. It is associated with power, protection and status. The Rath Yatras (chariot journeys) rekindles these emotions in rural areas. People flock to such Raths out of curiosity, awe, fun and suspicion. They imbibe messages given by anti-tobacco activists and take heed of the ills of tobacco. In a similar fashion, the Sansthan has toured the countryside in caravans making halts at regular intervals. These journeys have played the part of mobile education units, taking the message far and wide into the countryside. Folklore has been evoked to disseminate anti-tobacco information. Song, dance and folk songs are an integral part of Rajasthan’s cultural heritage and are still respected by the tribal and rural population. They are also the most popular medium of message transfer. The Sansthan has endeavoured to reach

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people in the way best understood by them. The message has been strengthened through simple and interesting folk songs and skits. The Sansthan has understood that the best way to enumerate the ills of tobacco consumption is through pictorial references. The visual message is implanted in the minds of the people through graphic depiction of cancer infliction. This technique creates a long lasting impression and has also solved the problems faced by the Sansthan on account of lack of education among the people. b) Formal Education Formats NGOs under this broad strategy have utilised the existing educational institutions, educational curriculum and the regulatory authority (education department)to incorporate anti-tobacco information into the educational system so that a new generation of aware and pre-warned citizens help to take the fight further. Case Studies ASH FOUNDATION (Thailand)-The “Smoke Buster Club” was created to nurture students as agents of health advocacy. Taking cue from the U.K. model decided to create a Thai version of the programme in 1998. In the process, 332 clubs were created from over 2000 schools across Thailand. Brain storming sessions are held with students to formulate ways of sustained anti-tobacco campaigns for e.g. the ‘Proposals for Community Action’ activity. The Club also works towards creating efficient networking among schools and students. Club members are exhorted to initiate concrete action themselves by supporting their peers to help them quit or by encouraging non-smokers to keep up their healthy lifestyle and not take up smoking at all ADHUNIK (Bangladesh) has felt the need to make anti-tobacco campaigns inclusive of all sections and strata of the society. To achieve this goal, ADHUNIK has diversified its social education programme to reach school children, general population, religious leaders and the under-privileged educationally disadvantaged groups. ADHUNIK has been propagating the inclusion of anti-smoking lessons in school textbooks, which was ultimately done in 1989. This is calculated to inculcate anti-tobacco values in children. This strategy ensures that children learn about tobacco and health at an early age. VHAI (Voluntary Health Association of India) decided to educate schoolchildren about the growing tobacco problem in India. This was directed at creating positive health images in young impressionable minds. In Delhi, VHAI was directly involved with a group called HOT (Health or Tobacco) which constituted of young doctors from All India Institute of Medical Sciences (AIIMS). Innovative techniques like educational talks and competitions were devised to impart anti-tobacco messages to schoolchildren. In order to nurture leadership qualities, VHAI chalked out an interactive programme called ‘ Leadership in Health’. The intention was to make schoolchildren points of interaction within their own peer group. Thus setting in motion chain activities where information on tobacco was disbursed. ADIC (Alcohol and Drug Information Centre) a Sri Lanka based NGO has adopted a somewhat different approach to educate people. It strives to change the social acceptance of tobacco in society. Their campaigns aim at appealing to the intellect of children and youth. Their philosophy rests on 'the more they (tobacco companies) advertise the more immune the vulnerable groups become'. ADIC’s work focuses on de-glamorising the efforts of tobacco companies. Towards this end they have been trying to counter the cigarette advertisement by encouraging the youth to 'see through' such tactics of the industry. The idea is to empower the youth in such a manner that they don’t fall prey to their promotional strategies. ADIC through its de-glamorising campaign in the 15 districts of Sri Lanka, has created awareness among the target groups about tobacco use being a drain on the economy. Their campaigns have sought to ridicule tobacco advertisements.

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ASH FOUNDATION (Thailand) - The Quitline is a telephone counselling service of ASH aimed at offering advice, support and positive motivation to smokers who want to quit. The Quitline also provides handbooks and brochures on how to quit smoking. The Quitline offers easy and personalised service to smokers protecting the identity of those who do not want to be known. c) Making Professionals an Instrument of Change Professionals are held in high regard by every one in the society because they epitomise ‘authority and competence in a particular field of work’. NGO’s have utilised this section of the society to spread the anti-tobacco message. Case Studies ASH Foundation (Thailand) has chalked out and pursued a ‘Professionals for Health’ agenda which encourages Thai doctors, Nurses, Pharmacists, Dentists and Health workers to participate in tobacco control and eradication programme. Health workers and professionals are sensitised about tobacco issues since they are in better position to spear head the anti-tobacco movement lending more credibility to the tobacco eradication crusade. NOTE - India, (National Organisation for Tobacco Eradication) an anti-tobacco networking organisation based in western Indian state of Goa, has implemented the above model with success. NOTE has targeted schoolteachers and the education department to act as catalysts to bring about increased awareness of the tobacco menace. Schoolteachers are made aware of tobacco being the causative factor for heightened cancer incidence in Indian population. In this manner, anti-tobacco education becomes an integral part of classroom education and leaves an indelible impression on young minds. The under mentioned table gives the comparative figures of schools where in ‘intervention’ (anti-tobacco education) programme was carried out/not carried out in rural areas. Prevalence of smoking and chewing tobacco among parents of intervention school children was significantly lower. % of children

having smoking father

% of children having smoking mothers

% of children having chewing tobacco fathers

% of children having chewing tobacco mothers

non-intervention 54.31 6.85 13.05 23.07 Intervention 51.18* 6.06* 8.09* 14.81* significant at P=0.01 SOURCE: ‘Anti-tobacco education reaching the community through school children. A 30 years experience, Dr. Sharad G. Vaidya”. 2) COUNTER ADVERTISING Tobacco industry pumps millions of dollars into their promotional campaigns. NGOs try to reverse this by counter advertising. The industry uses advertising to entice people into becoming addicted to their products, whereas NGOs use advertising as a countering force to make people desist from becoming addicted. Counter advertising and display of warning is one way of informing the people about the ill effects of tobacco and at the same time countering the industry argument that their products do not cause any significant harm.

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Case Studies ADHUNIK has been successful in making statutory the inclusion of health warning in all cigarette packets and in printed advertisements. ADHUNIK is now endeavouring to make this warning cover at least 30% of total ad space. The warnings in Bangladesh are either in Bengali or English or both and carry the message “Statutory Warning: Smoking is injurious to health.” NGOs are using the industry’s advertising technique to counter their game plan. A counter-offensive has been launched with the fight being taken to the industry’s camp. ADHUNIK has found a way to promote the anti-tobacco message by fixing anti-smoking billboards at important places like in front of the PM’s Secretariat, road junctions, railway and river transport terminals. They also advertise the message on national TV and radio by broadcasting anti-smoking trailers before news-bulletins and other important programmes. ADIC of Sri Lanka has tried to counter the claims of tobacco users that tobacco aids to think better and feel more relaxed. By revealing that smoking disfigures a person and creates bad odour. ADIC through their programmes make an effort to disenchant smokers of their incorrect perceptions. ASH Foundation (Thailand) has adopted a strategy to forward its anti-tobacco message with popular and eye catching promotional schemes like organising the ‘Smoke Free Thailand Advertising Contest’. With the advertising companies themselves participating, anti-tobacco themes get highlighted in a much more technology-savvy manner. The intention is to use advertising to influence people in the same manner in which they are enticed to smoke by the tobacco industry. ASH-Foundation (Thailand) has organised a bowling event for fund raising and succeeded in bringing together an array of celebrities from TV, Films and the music industry to help raise money for its youth tobacco-control programme. This strategy not only attracts wide attention due to the presence of popular celebrities but also draws in more people to join the anti-tobacco campaign. Fun approaches The world over anti-tobacco campaigns has a serious approach with seminars, awareness drives, counter-lobbying etc. ADIC, in order to appeal to the youth have related the element of ‘fun’ to the whole approach. They have relegated the activity of smoking to being the ‘pastime of a fool’. ASH Foundation, of Thailand has been consistently working on education programmes for various age groups. The Smoke Buster Caravan, started in 1997, is a unique mobile education unit aimed at building a knowledge base amongst school children about the ill effects of smoking. Inspired by the Swedish model, appealing and enjoyable techniques like games, quizzes and demonstrations are devised to foster better understanding of health and tobacco in the impressionable minds of young children and youth.

POST-USE STRATEGIES Post-use strategies are meant for long time addictive users of tobacco in its various forms. These strategies aim at health and other problems arising out of prolonged and persistent use of tobacco products. Some of the strategies are: 1) Advocacy and Protest before Government 2) Media Advocacy 3) Peoples Participate Approach 4) Departmental Interaction for Community Welfare

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1) Advocacy before Government Governments need to be alerted about the urgency of the situation. Unless NGOs protest and / or hold demonstrations governments due to their pre occupation with other issues may not address the matter. This technique is a forceful weapon in the armoury of NGOs to get the governments to take notice of what has to be done. A recent example is of the WTO meet in Seattle U.S.A.; where NGOs from all over the world are successfully focusing attention in pro people issues by resorting to non-violent, peaceful demonstration. Case Study

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CAP (Consumer Association of Penang) has sent numerous letters of protest to various ministries, especially the Ministry of Health, Ministry of Youth and Sports and the Ministry of Information urging them to put a stop to indirect advertising and not to accept sponsorship from tobacco companies. For example: Peter S uyvesant’s rock concert with KRU: KRU is Malaysia’s most popular rapper group. Rothmans through its Peter Stuyvesant brand sponsored a multimillion Ringgit KRU rock concert in major towns in 1997. CAP wrote to authorities not to grant permits for these concerts. Benson & Hedges free cof ee: Benson & Hedges during the festive season (February) was promoting its brand by distributing 3 million cups of free B&H Bistro coffee to road users claiming that this activity is part of its contribution to the road safety campaign. CAP protested against the blatant form of advertising directly to the public and the mileage B&H obtains from it. Benson & Hedges bus rides: B&H offered free bus rides on several routes in Kuala Lumpur and Penang. Passengers commuting along these routes had no choice but to accept these rides. The law prohibits smoking in buses yet a cigarette company was allowed to advertise through bus service. CAP objected to the Road Transport department on this form of promotion being forced on the public. Such promotional campaign has not been repeated in recent times. The 1996 Atlanta Olympics: The Olympics has been smoke free since 1988 and tobacco companies are not allowed to be associated with it. However Rothmans (Peter Stuyvesant) sponsored the telecast of 1996 Atlanta Olympics in Malaysia. Malaysia was probably the only country to have allowed a tobacco company to sponsor the telecast. A press conference was held and international media was invited to highlight this issue. An official protest was registered with the International Olympic Council. Rothmans was able to go ahead with the sponsorship despite the officially lodged protest. 1998 World Cup-telecast by Dunhill: Rothmans (Dunhill) controls soccer in Malaysia. It sponsored the telecast of the 1998 World Cup in Malaysia, although tobacco companies are not allowed to be associated with this world event. Despite the fact CAP registered an official protest with FIFA the sponsorship proceeded. Memorandum to the Government: CAP has sent several memoranda outlining the problem with indirect advertising and sponsorship activities as a basic tool used by the industry to find new smokers. CAP has also pointed out how these companies purposefully circumvent the ban on cigarette advertisements and the law. Signature Campaign: CAP launched a signature campaign and collected thousands of signatures which were sent to the Prime Minister calling for a ban on indirect advertising and sponsorship by tobacco companies.

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These examples highlight the strategies adopted by TNC’s to bypass all regulations and public protest and invent ways and means of pushing twin promotional agenda through them. NGOs and governments should bond to stall such industry action. 2) Media Advocacy Media is a power, which can swing public opinion either ways. NGOs have to tap this resource effectively. An effort has been made to do this by various NGOs, for e.g. CAP. Case Study

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CAP (Malaysia) Press Sta ements: Every time tobacco companies launched a new advertising or sponsorship activity, CAP immediately issues a statement condemning it and call for a ban on indirect advertising and sponsorship activities. This is to keep the pressure up on tobacco companies and also to call upon the government to fulfil its responsibility to the people. Letters to the Editor in numerous newspapers that carry tobacco advertisements and sponsorship activities. If press statements are not carried or are not given sufficient publicity, CAP then sends the press statement as a letter to the editor. Writing numerous articles on the issue in the in-house publication of CAP ‘Consumer Bulletin’. Consumer Bulletin, Utusan Konsumer is a monthly, sold on newsstands. It is reasonably well known in the country and also among government officials. It carries articles on the latest promotional strategies by tobacco companies regularly. 3) People Participate Approach For an activity to be successful it has to reach its target audience. Only with people’s participation can a movement be not just successful but also sustainable.

Case Studies

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CAP (Malaysia)-Mobilise public awareness: CAP gives frequent talks in school, colleges and universities on smoking and tobacco. Thereby exposing how tobacco companies hook and lie to young people and why they must resist these activities. It also informs young people on their rights as consumers and how tobacco companies violate these rights. CAP urges children and young people to write letter of protest to the authorities. They also organise poster competitions to make children aware of advertising and marketing tactics of companies. Protest at the site of promotion Demonstra ion: Demonstrations are banned in Malaysia. However CAP does use this technique sparingly, when all the other attempts fail. For example CAP organised a demonstration against Rothmans racing car exhibition. The demonstration got media attention and discouraged other shopping complexes from hosting similar events. Civil Disobedience – Defacing billboards advertising tobacco brands: Malaysian tobacco companies extensively use billboards which are erected throughout the country. Defacing them forces the companies to bring them down immediately, as was the case with a few Dunhill billboards advertising for soccer. Though effective, this activity is however illegal and amounts to vandalism which will hurt the good standing of the organisation in the long run. CAP does not use this method in Malaysia anymore. This method was also used in Sri Lanka, to mobilise young people to make corrections on billboards carrying tobacco advertisements.

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Electoral--Voters Approach: ADIC has been motivating Sri Lankan volunteers to select only those candidates, who favour an anti-tobacco, drug and alcohol policy. ADIC’s trained youth groups have motivated people to pressurise their political leaders to bring in preventive legislation. Surveys reveal that 10% of the target groups (voters) had complied with ADIC’s suggestions. 4) Departmental Interaction for Community Welfare. Various departments, which have been created by governments for community welfare, can also be utilised effectively for combating tobacco menace as demonstrated below. Case Studies Regional Cancer Centre, Trivandrum is not an NGO but a 'governmental centre working towards the goal of tobacco induced cancers eradication in the southern Indian state of Kerala. RCC (TVM) has developed a community based anti-tobacco education model which strives to develop a personalised approach towards education. Volunteers from the community itself are given informal orientation lessons and are empowered to serve as links within the community. They form the nucleus of the anti-tobacco campaign and in a systematic manner work towards widening the group, eventually involving the entire community. The unique feature of this programme is that it has made use of a quasi-government machinery-the PANCHAYATS, to effect its programme at the village level. It encourages political participation at the rural level through the panchayats who use their funds and grants, towards tobacco eradication programmes. The training for the community-based programme is also extended to the different government departments, which are connected to the village in various ways for example, the Anganwadi workers, the agricultural demonstrators, the livestock inspector’s etc. These workers of different departments are connected to different segments of the same village. RCC (Tvm.) uses these departmental staff to spread the anti-tobacco message whenever they are in touch with the people of the community in their respective capacities. ASH Foundation (Thailand) has launched a Care for Kids Programme, which targets children. The ‘Care for Kids’ Programme is for children up to seven years of age and tries to educate them about the dangers of smoking and builds a positive image of a safe non-smoking lifestyle. While this programme essentially involves and targets children, parents also become part of the programme by accompanying their kids and watching presentations and attending exhibitions. This provides ASH Foundation with an opportunity to impress upon the parents that they are the first teachers and role models for their children and thus must make a sincere effort to adopt non-smoking habits. A network of informed maternity nurses have also been used to impresses upon the new parents to keep away form smoking since passive smoking can seriously jeopardise their child’s health.

COUNTERING STRATEGIES Countering strategies include those techniques, which NGOs have adopted to counter the industry and to establish precedence for future course of action. There are two platforms from which NGOs launch their countering strategies. They are: 1) Litigation 2) Legislation and lobbying

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1) LITIGATION NGOs have often taken the legal recourse where tobacco proliferation is seen as a direct assault on the interests of the people, the community and the country. Litigation also sets precedents for future cases of similar nature. This is one area Asian NGOs can learn from the experience of the western NGOs. Case studies In recent years NGOs have successfully challenged the unlawful and harmful activities of the tobacco industry. An example being that of litigation initiated by VOICE (Voluntary Organisation in Interest of Consumer Education) against tobacco giant ITC for indulging in unlawful forms of advertising. When ITC (British American Tobacco Group) came out with the “Made For Each Other (MFEO)” contest, VOICE immediately recognised the onset of subliminal advertising by tobacco companies in India. Consumers were being enticed to smoke by projecting WILLS cigarette smokers as an exclusive, fashionable and attractive club of young glamorous people. It was a dangerous ploy, which could have far-reaching and adverse consequences. VOICE, a recognised consumer association working for consumer protection in India, was able to see through that and filed a petition against ITC in this regard. The objective was to uncover ITC’s intentions and to warn consumers about the unhealthy trend. CASE FACTS OF VOICE Vs ITC Ltd. (INDIA) In an advertisement in the Tribune newspaper of 14.11.1984, ITC brought out an advertisement announcing the “Made for Each Other” contest offering attractive prizes. The advertisement specified rules and regulations restraining non-smoking couples from participating in the contest. For e.g. it was clearly stated in Rule no 3 of the contest that one spouse must be a smoker and a dress code was to be followed. The qualified contestants had to send their photograph to the respondent along with the Publicity sticker. On 20.11.84 VOICE filed a complaint against the ITC, before the MRTP commission regarding unfair trade practices in context of the ‘Made for Each Other’ (MFEO) contest within the meaning of Section 36A(3) of the newly amended Monopolies and Restrictive Trade Practices (MRTP) Act. VOICE contended that the contest was an unfair trade practice” under the newly amended Act. The impugned trade practice abets non-smokers to take up smoking in order to enter the contest and promotes the image that WILLS cigarette and smokers are as perfectly matched as the couples selected in MFEO contest. The contest was advertised as a unique social event with the sole purpose of promoting smoking and consequently as a result causing loss or injury to the health of those who smoke cigarettes. The company contended that it had been carrying on this contest for over a decade to focus on the uniqueness of the link between filter and tobacco. The case is now poised in an interesting situation. The MRTP Commission has held the contest to be an unfair trade practice but not prejudicial to public interest. The case is still being contested in the Supreme Court. The verdict will have far reaching consequences to the understanding of what issues amounts to being prejudicial to public interest. As a result of the litigation ITC has stopped holding the ‘Made for Each Other’ contest inspite of there being no legal bar against organising it. It however continues to use the “Made for Each Other” slogan in advertising. It has been found that the company has changed its advertising strategy to sponsoring sports events, like cricket during the period of this litigation spanning nearly one and a half decades. VHAI (Voluntary Health Association of India), a Delhi based health NGO, has sought to counter surrogate advertisements or brand stretching ploy initiated by tobacco companies resorting to litigation against

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WILLS (a subsidiary of BAT) for indulging in surrogate sponsorship, by sponsoring the Indian Cricket team. VHAI has held that BCCI (Board of Control for Cricket in India) was equally responsible for allowing WILLS to promote the Indian cricket team and consequently letting the tobacco company capture the imagination of millions of young cricket enthusiasts and making them susceptible to the habit of smoking. Other cricket playing nations had already barred tobacco companies from sponsoring their cricket teams and cricketing events. This move is still at an initial stage in the Indian context and one will have to wait and watch the future developments in this area. This case was filed on the 13th of May 1999 under Article 226 of the constitution of India. The case is yet to be decided. 2) LEGISLATION AND LOBBYING

NGOs have been making a constant effort to lobby with the government to introduce stricter legislation restricting the area of operation of tobacco companies as much as possible. This is done with the objective of reducing the ambit of tobacco industry’s activities as much as possible. Stricter rules have been framed at the insistence of NGOs.

Case Studies ASH Foundation (Thailand) along with other organisations has been at the forefront of introducing more comprehensive restrictions on smoking zones. Some areas like restaurants, temples and public places have been declared smoke-free zones as a result of persistent demands to do so by ASH Foundation. 1999 has seen a legislation passed which insists on air conditioned restaurants declaring at least 75% of tables to be non-smoking areas. ADHUNIK (Bangladesh) too has been able to persuade the government to make policy decisions and enact anti -tobacco legislation. The success can be adjudged from the fact that prior to 1987, there was virtually no anti- tobacco legislation in Bangladesh. In 1987, as a result of first public health move by ADHUNIK, smoking was prohibited on all domestic flights. Its efforts proved instrumental in making all air-conditioned transports, smoke-free zones. In 1988, at ADHUNIK’s persuasion, the Presidential Palace was declared a no-smoking zone. The Prime Minister’s Secretariat followed suit in 1992. These measures sent symbolic but crucial signals to the general population about the government’s intent. In 1989, smoking was prohibited in all public and private hospital premises. New taxes were also slapped on tobacco products to discourage their sale. ADHUNIK has also been lobbying for stricter action, to make it difficult for the tobacco industry to operate profitably or to mislead general public into believing that smoking and tobacco are not harmful. It has also been persistently lobbying with Politicians, MPs and the Government to increase tax by at least 300% on all tobacco products and to bar establishment of new cigarette factories in Bangladesh. VHAI (India) has diversified its area of activities in order to influence policy making and amendment of legislation. This was done with the objective of consolidating and supporting work done at the community level. VHAI has begun to work closely with various government institutions and departments and as a result of this liaison, contacts were established with the Ministry of Health and Family Welfare. ADIC, of Sri Lanka has been able to persuade the government Ministries of Health, of Education, of Samurdhi (poverty elevation movement launched by the government) and youth affairs as well as the Police Department to incorporate the prevention of tobacco, into their official programmes. ADIC also undertakes training programmes for the implementation of such programmes.

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VI. FCTC AND ITS ROLE Many of the actions required to control the tobacco menace are clearly beyond the capacity of national governments. Tobacco proliferation has acquired transnational dimensions which requires transnational action. Governments will have to come together to forge a global consensus to take decisive action against tobacco proliferation. An international convention of the type that WHO is proposing will be an extremely effective remedy in the current situation. It must address the following five methods of controlling tobacco. One of these five methods is, to provide official encouragement to NGO networks to expand their work against tobacco proliferation, is important. Government will have to agree to actively encourage NGO networks in combating tobacco proliferation: RECOMMENDATIONS : FCTC 1. Protocol on Tobacco Advertising and Promotions Tobacco advertising and promotions increase consumption. Tobacco advertising and promotions have been manipulative and intentionally misleading. It also encourages those who use tobacco to continue using it, and it discourages people from quitting. Considering tobacco kills when used exactly as the manufacturer intended, and that it kills about 3.5 million people world-wide every year, it should not be advertised or promoted. Comprehensive bans on cigarette advertising and promotions can reduce tobacco use but limited partial bans have little or not effect. Voluntary codes and self-regulation do not reduce consumption. There must therefore be a global and total ban on all forms of advertising and promotions of tobacco products and tobacco brand names via any media. The commercial use of a registered tobacco brand name, logo, or trademark should also be banned. Sponsorship of sports, music, cultural events, adventures, or any event or the telecast of an event by tobacco brands must be banned. Advertising can be defined as any notice, circular, posters, wall papers, pamphlets, display on hoarding or any visible representation made by means of light, sound, gas, writing instrument, stickers, symbols, colours, logo, trademark symbol, display on articles such as T-shirts, caps, bags, counters, clocks, umbrellas, mugs, etc. This global and total ban on advertising and promotions of tobacco products and its brand names must be instituted as law in every country. 2. Divestment from Tobacco by Governments In a number of countries public funds earmarked for financing industrial and economic development are invested in tobacco companies. National industrial finance infrastructure, bilateral and multilateral lending agencies provide lines of industrial credit that is also available to tobacco companies. In some countries tobacco companies are either under the control of Government or partly/wholly owned by Government. In such a situation policy intervention is necessary to prevent deployment of industrial development funds and capital in tobacco companies. This means that national industrial development/finance institutions must stop further investments in those industries. Where substantial investments or lending has been made it should be rolled back. A divestment policy needs to be followed in all such cases. The Framework Convention on Tobacco Control (FCTC) needs to call upon national governments, central banks, financial institutions as well as bilateral, regional and multilateral development finance institutions, organisations, mechanisms to stop further investments/lending to the industry and roll back existing investments over a time-bound period. World Bank and other financial institutions can also use their clout in pressuring the different governments to dispose of their stake in tobacco industry by linking further aid with such people friendly legislation.

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3. Curbing Anti-Trust Role of Business: Many developing countries in Asia, Latin America, Africa do not have adequate legal mechanism to control anti-competitive practices of business. In the developing countries where such mechanisms exist they are quite ineffective (e.g. India). As a result tobacco companies are able to consolidate their market power by a variety of anti-competitive mechanism. These include anti-competitive merger, amalgamations, take-overs, full line pricing, resale price maintenance and a host of other anti-competitive practices. In many cases tobacco companies can enter developing country markets, buyout and/or take-over competition or displace it. It can also consolidate hold over markets and expand market penetration to increase sales of tobacco products. While the development and evolution of rational anti-trust laws will take its own time, there is need to impose these laws on tobacco multinationals in their cross border activity. The American anti-trust law is among the most advanced in the world. What American tobacco companies are unable to do at home, being constrained by Anti-Trust Laws, they indulge with impunity in the developing countries. This is a sound case for applying US anti trust law upon US tobacco Companies in their anti-competitive behaviour in a developing country. The principle is “What the tobacco company can’t do at home, it should not be allowed to do in a foreign country”. Similarly, The European Commission rules of anti-Competitive behaviour can be applied to European Tobacco Multinationals in developing countries. This principle of cross-border application of anti-trust rules against tobacco companies can become an important instrument in controlling the market power being accumulated by business. 4. Government Support to NGO Activities The biggest challenge that the anti-tobacco movement has to face, is social acceptability of tobacco. There should be local networks, which must co-ordinate and synchronise their activities with international networking agencies to achieve better results in the area of tobacco containment as well as partners would adopt tried and tested successful strategies from each other. Networking must also cover a diverse range of participants to include all stakeholders in tobacco proliferation and prohibition. A very important constituent of this network would be media as dissemination of information in a quick and pervasive manner can only be achieved with is help. The local NGOs working against tobacco must co-ordinate their activities with NGOs working in other areas like education, environment, family welfare, media etc. operating in the same region (city, village, state). Such a sub-national grouping of NGOs must then co-ordinate its activities with other similar groups within the country and establishes a national network. This will facilitate easier co-ordination of activities with the NGOs outside the country. The national networks of different countries must then connect with each other to form a regional network, which will ultimately be connected to a global network. Such an approach is probably the only way NGOs can become a formidable force. The tobacco industry has been successful in its different tactics because it is a well-co-ordinated and organised team. NGOs will have to form a parallel lobby to take on the tobacco industry. This cohesion within NGOs will make it easy for them to mobilise public and political support for their agenda. The funding required for mobilising this agenda would be easier to find if NGO’s are able to present a concerted profile and common objectives. A clear strategy for identification of partners and building of an infrastructure should be evolved. The involvement of North and South as equal partners sharing mutual support towards attainment of a common goal is required. NGOs participating in such networks need governmental support and resources for carrying on these tasks effectively.

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Take over bids of the NGO process by direct or indirect industry activity must be effectively blocked. Internationally consumer organisations have met this challenge by developing a code of conduct where by they voluntarily reject funding from industry sources. Anti-tobacco groups should take similar steps. Strengthening information channel Some reason for the success of the western strategies is research, the dissemination of information and scientifically sound campaigns put forward in simple language for the benefit of the people. Such an approach has to be adopted by the Asian NGOs. NGOs will have to be supported to help them strengthen their information channels. By networking, NGOs will be able to transfer more information amongst them and will be in a position to counter the industry’s attempt to confuse people about tobacco. This support can be extended to the NGOs by bodies like WHO. Governments will need to support such activity on a proactive basis. 5. Seek Co-operation from Stake Holders All the stakeholders need to be addressed individually and specific empowering techniques should be identified for them, especially those of NGOs. Stake holders such as the governments will have to be persuaded to work for improving the quality of daily life for the common man in areas of education, health, environment, markets, controlled industry, pro-people legislation etc. Especially in the Asian context the consumers have to be empowered to know and exercise their basic rights. The industry will either have to be forced or made people sensitive and persuaded to reinvent its policies to be more people oriented. The right of choice, an argument that the tobacco industry banks upon cannot be upheld in context of the Asian region. This is so because such a right can be expressed only when the consumers are empowered to make right choices. NGOs and governments will need to network as people in this region are dis-empowered especially in terms of education and economic opportunity. In conclusion we feel that the time has come for governments to create an international consensus for enforcing a ban on tobacco advertising, divestment in tobacco companies, curbing anti-trust actions tobacco companies and extending support to NGOs in curbing tobacco proliferation.

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TERMS 1. Pan Masala: In the Indian sub-continent pan (Betel Leaf) is often had either on a occasion or even

daily. It is a mixture of betel leaf with various other ingredients. Tobacco leaf or powder is also used as one of the ingredients.

2. Guthka: It is a concoction of betel nuts and tobacco with various other preservatives etc. All its ingredients are harmful.

3. Beedi: It is a native form of cigarette. Tendu leaf is rolled and tobacco powder is stuffed in them.

4. Ayurveda: A traditional branch of Indian medicine. It uses various naturally available herbs, roots, plants etc. in preparation of various medicines.

5. Friday Congregation: Friday mass is considered auspicious for Muslims.

6. Festive Season: In Malaysia in the months of January and February there are 2 major festivals, ”Hari Raya Puasa” after the muslim fasting month and the Chinese new year where there is a long stretch of holidays and the whole nation celebrates. Malaysia has a majority Muslim population and 35% Chinese population.

7. Manjan: A native tooth powder used in South Asia.

8. Sansthan: Institute.

BIBLIOGRAPHY The subject this paper attempts to cover has not been documented. There are almost no published sources available. We had to rely on personal contact with a large number of activists. It has gone through large volumes of primary documents to collect details on NGO activity in this area. We have had to carry out interviews and correspond with a number of key persons. Some of the publications we have had to refer are: 1. 1.Tobacco or health: A global status report, World health Organisation, Geneva 2. Poverty’s poisonous brands, Saleem Samad, Dhaka, Panoscope, No 41, October 1994. 3. America’s New Merchants of Death by William Ecenbarger, Readers Digest, April 1993 4. A Global perspective on the Tobacco Free Initiative by Dr Dered Yach, Program Manager

Tobacco free initiative, WHO 5. Mobilising NGOs and the Media Behind the International Framework Convention on Tobacco Control

Paper3, Who 6. Framework Convention on Tobacco Control : A Perspective From the North by Kathryn Mulvey 7. Curbing the Epidemic : Governments and the Economics of Tobacco Control, by the World Bank,

1999 8. Ibid. 9. Camel trophy advert, The Star (Malaysia) Nov 4, 1992 10. ADRA Adventist Development and Relief Agency is the only NGO involved in tobacco & health issues

in Cambodia 11. ASH Thailand web site, 1998 12. Big Tobacco’s Overseas Expansion : Focus on Thailand, by San Francisco Tobacco Free Project, 1998 13. VOICE vs. ITC, Judgement of MRTPC, India 14. Kastoori Udyod Bundi, vs. Union of India, Judgement. 15. ‘Anti-tobacco education reaching the community through school children. A 30 years experience, Dr.

Sharad G. Vaidya”.

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Acknowledgements

We wish to thank all those who have given us valuable inputs in writing this paper :

ADRA-Advertist Development and Relief Agency, Malaysia; Action on Smoking and

Health, Thailand; Dr Nurul Islam-ADHUNIK Bangladesh; Dr Sharad G. Vaidya-NOTE

India; Dr Babu Mathew-RCC India; Mr Taposh Roy-VHAI India; Mr Gunadasa-ADIC Sri

Lanka; Dr R. k Aggarwal-Narayan Seva Sansthan India; Ms Belinda Hughes-ASH

Foundation Thailand; Ms Pooja Dogra and Mr. Priyesh R. Menon (VOICE Team).