Industry Interference in Zambia
The tobacco industry has historically resisted tobacco control measures.
The World Health Organization Framework Convention on Tobacco Control (WHO FCTC) – states that parties must keep an eye on and combat any attempts by the tobacco industry to undermine or subvert tobacco control laws.
This page provides information on the tactics used by the tobacco industry in Zambia to interfere with tobacco policy development and implementation, compares the level of interference in Zambia against that globally and in other African countries, describes the tactics being used, demystifies common tobacco industry myths and provides recommendations on how to address industry interference in Zambia.
The Global Tobacco Industry Interference Index measures how governments are implementing Article 5.3 of the WHO FCTC and its implementation guidelines.
Based on the Global Tobacco Industry Interference Index 2020, 2021, and 2023 Zambia continues to have significantly high levels of industry interference despite a marginal drop from a score of 78 in 2021 to a score of 77 in 2023.
Zambia is currently ranked 79 out of 90 countries participating in the Global Tobacco Industry Interference Index in 2023, with a score of 77.
The global industry interference survey looks at the following seven indicators;
- Industry participation in policy development
- CSR activities
- Benefits to the tobacco industry
- Unnecessary interactions with the tobacco industry
- Lack of transparency
- Conflict of interest
- Preventive measures
In 2023, preventative measures, industry participation in policy development and transparency were the worst performers for Zambia out of the seven indicators. This is largely attributed to the industry’s persistent influence in policy making processes.
We have the employment offered by the industry. We have the revenue from the industry and [we] cannot just…throw it away, because the government gets revenue from the same tobacco.”
Ministry of Health (MOH)
Tobacco Industry Interference (T.I.I) Index
The lower the score, the lower the level of interference
- T.I.I Score|
- 0 - 9
- 10 - 19
- 20 - 29
- 30 - 39
- 40 - 49
- 50 - 59
- 60 - 69
- 70 - 79
- 80 - 89
- 90 - 100
- No Data
Source: globaltobaccoindex.org
Zambia continues to exhibit excessive levels of industry interference. The poor performance can be explained by the fact that for the past 12 years, the tobacco industry in Zambia has successfully thwarted any attempts to pass the Tobacco Control Bill.
Additionally, Zambia’s government stated in the 7th National Development Plan (2017-21), that tobacco farming and production is critical to the country’s economy and “has great potential to contribute to the growth of the economy through employment and wealth”.
Furthermore, Tobacco companies are not barred from promoting themselves through Corporate Social Responsibility (CSR) activities; there is no ban on tobacco advertising, and industry officials have easy access to government representatives and leaders.Africa country performance Over Time
Source: Global Tobacco Industry Interference Index 2023
The number of African countries participating in the Global Tobacco Industry Interference Survey has steadily increased since 2019 when only 5 African countries participated. The number increased to 11 in 2020, and then to 16 in 2023, and is now at 20 as of 2023. Zambia has participated in the survey since 2020 and ranked 11 out of the eleven countries with a score of 78. In 2021, Zambia maintained the same score of 78 and ranked 16 out of the 16 African countries. Zambia is now ranked at 18 out of 20 countries with a score of 77. Tanzania’s score worsened in 2020, from 73 to 79, ranking it at 19 while Cameroon participated in the survey for the first time in 2020, emerging with a score of 81 and ranking it the poorest performer amongst African countries.
The tobacco industry engages in a wide variety of tactics in order to reject, delay, and obstruct the adoption and implementation of tobacco control policies.
Below are examples of how these tactics have been used in Zambia:Historical example of tobacco industry interference
Front Groups
In 2019, the Zambia Chamber of Commerce and Industry (ZACCI) met with different government ministries to discuss the policies in the Zambia Tobacco and Nicotine Products Control Bill 2018 in which they were opposing.
Through front organizations like the Tobacco Board of Zambia (TBZ), the tobacco industry has pushed for the creation of favorable tobacco legislation
that would encourage production and grow business at the expense of public health.
Interference in Policy Development and Implementation
Michael Katambo, the Agriculture Minister, declared in May 2020 that tobacco production will be revamped and would become a major export good. The Cabinet has already given the Agriculture Minister’ permission to start the process of reviewing tobacco legislation in collaboration with all stakeholders and move forward with amendment and updating of the legislation.
Receiving Benefits
In 2020 during the COVID-19 restrictions which inhibited travel, The Eastern Fodya – an affiliate of the Zambia National Farmers Union encouraged the government to implement rules and regulations that won’t have an impact on cigarette sales as a result of the travel ban.
Lobbying
In order to increase production and competition, the Zambia National Farmers Union (ZNFU) urged the government to exempt green leaf tobacco from the VAT. During the Tobacco Association of Zambia (TAZ) Annual General Meeting in 2016, Dr. Evelyn Nguleka, President of ZNFU, pledged to continue supporting efforts to petition the government for the tax exemption in order to increase competitiveness and productivity with a view to encourage investment in the region.
Partnering with the Tobacco Industry
On March 8, 2021, the Zambia Development Agency (ZDA) facilitated the signing of an Investment Promotion and Protection Agreement (IPPA) with BAT Zambia Plc. through fiscal and non-fiscal incentives with the Golden Eagle Tobacco (International) Corporation Limited. The company committed to invest US$ 45,000,000 for the purposes of facilitation and protection of a registered investment project to be implemented in the Jiangxi Multi-Facility Economic Zone in Chibombo District in Central Province in Zambia.
Transparency
The Zambia Tobacco Products and Nicotine Products Control Act of 2018 states that government meetings with the tobacco industry should be made public. However, this is still not effected. In 2021, the government, represented by the Tobacco Board of Zambia (TBZ) held private meetings with the tobacco industry in Kaoma district, Western Province.
Unnecessary Interactions
The Art 5.3 Guidelines require that interactions with the tobacco industry be restricted to those strictly necessary for regulating the industry. Acting Minister of Commerce, Trade and Industry Mutotwe Kafwaya toured the British American Tobacco (BAT) Zambia Plc processing plant in 2020, where BAT further stated that they had invested an additional US $800,000 in their production line and assured support in contributing to Zambia’s economic development agenda as a result of the visit.
Use of Corporate Social Responsibility
In 2013, JTI launched its education program ARISE in Zambia which supports the education sector and purports it as CSR. The main objective of this educational initiative is to put the children of tobacco farmers through school as they are the target audience.
This acts as an incentive to the tobacco farmers to continue growing tobacco by giving the impression that their children will get free education catered for if they continue growing tobacco.The farmers are saying, if you find a crop that is as marketable or ready as an alternative crop that will…give them income they will definitely shift. So the challenge we have is to find the crop that is as marketable, or even more marketable, than tobacco.
Ministry of Health
Myth: The tobacco industry is vital to the economy
Fact: The tobacco industry siphons profits to international shareholders, saps economic growth and government budgets, leaving countries to contend with the health burden.
Myth: Shifting from tobacco farming takes away jobs and money
Fact: Farmers can shift to health-promoting crops that are more lucrative and avoid tobacco industry’s exploitative contracts indebting farmers.
Myth: Tobacco farmers are prosperous
Fact: Small-holder farmers are often indebted to tobacco companies and often experience net losses.
The Guidelines for the Implementation of Art 5.3 of the WHO FCTC
provide some recommendations for how countries can comprehensively and effectively protect their tobacco control policies from Tobacco Industry interference.The 2020 and 2021 Zambia Tobacco Industry interference reports also make recommendations on preventing Tobacco Industry interference that have not yet been implemented. These include:
1.
Corporate Social Responsibilities
Prohibit all CSR activities by the tobacco industry in accordance with the World Health Organization (WHO) Framework Convention on Tobacco Control (FCTC).
2.
Raise Awareness
There is currently no mechanism for awareness creation or public access to TI disclosures. Zambia needs to raise awareness among all government agencies about the WHO FCTC Article 5.3.
3.
Policy Adoption and Implementation
Enact the pending Tobacco and Nicotine Products Control Bill 2018 to protect public health from tobacco industry interference. An FCTC Article 5.3 provision in the draft Bill should be maintained.
4.
Code of Conduct
Adopt a code of conduct for all public officials to guide them when dealing with the tobacco industry and limit interactions between the government and the tobacco industry to only when strictly necessary.