Filipino Youths to Courts: Resist Big Tobacco’s Interference

MANILA, PHILIPPINES—A few weeks after the Court of Appeals signed a covenant to restore its integrity, the over a hundred students are anxiously awaiting its decision on the Tobacco Outdoor Ad Ban case. They are hopeful that the decision will be free from tobacco industry interference.

Youth advocates, mostly university students, have made strong statements in its reply to the Court of Appeals dated September 8. ” The Trial (Marikina) Court acted with grave abuse of discretion in not allowing over a hundred of students to intervene in a case where the enforcement of the law banning tobacco billboards will be determined, outdoor advertising influences the youth’s decision to smoke” according to Sheila Alinsagan, one of the law interns assigned to the case at the Office of Legal Aid at the University of the Philippines.

The statement was made with reference to the case filed by the leading tobacco company Fortune Tobacco along with all other tobacco companies, Philip Morris, La Suerte, Mighty Corp, as intervenors against the government agencies tasked to administer RA 9211 or the tobacco regulation act of 2003. The Marikina Trial Court which was located in Barangay Fortune, decided in favor of the tobacco companies and interpreted that the law allows outdoor ads placed outside points of sale. The Solicitor General, in behalf of the government, appealed this decision and highlighted that the provision allowing ads ” inside the point of sale establishments” does not include those placed outside like billboards. The trial court also refused the intervention of the youths in this case.

The youth’s response made to the Court of Appeals is one of many actions taking place in more than 25 countries around the world this week that challenges interference by tobacco giants in implementation of the global tobacco treaty, formally known as the World Health Organization Framework Convention on Tobacco Control (WHO FCTC).

“Tobacco industry interference poses the single greatest threat to tobacco control,” says Jessica Hilado, President of the leading anti-tobacco youth group, Breathewell Initiative. “Across the world today, people are taking action to fight instances where the tobacco companies leverage on corruption to undermine health policies. Here in the Philippines, the tobacco companies aggressively promote their deadly products, while trying to subvert strong public health policies. Case in point is the presence of illegal cigarette billboards that should be removed by LGUs while the case is pending since no TRO was filed by the tobacco companies. Another one is the tobacco industries resistance in Congress to the picture health warning bill” continues Jessica. “We are proud of all the youth advocates who have stood up to the tobacco giants.”

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The Philippines is one of 160 countries that have ratified the global tobacco treaty, which now protects nearly 85% of the world’s people. Tobacco kills 5.4 million people around the world each year, including at least 250,000 in the Philippines. The death toll is projected to rise to eight million a year by 2030, with 80 percent of those deaths occurring in developing countries. The WHO estimates that broad implementation of the treaty could save 200 million lives by 2050.

To increase awareness of tobacco industry tactics in influencing health policies and to try to prevent any influence in court decisions, the youth advocates will help in promoting the release of Protecting Against Tobacco Industry Interference: The 2008 Global Tobacco Treaty Action Guide, produced by Corporate Accountability International with the Network for Accountability of Tobacco Transnationals (NATT) [1]. Worldwide release of the Action Guide is a centerpiece of this 9th International Week of Resistance to Tobacco Transnationals.

The Breathewell Initiative is a youth movement initiated by a group of law students that brings together concerned individuals and groups from different schools and organizations to promote a healthy tobacco-free lifestyle. Last month, Breathewell, along with young celebrities like Champ, BIanca King and Bianca Araneta, initiated a nationwide stickering campaign to promote graphic warnings in cigarette packs. For more information visit www.breathewell.multiply.com

[1] The Action Guide is a tool for government officials and civil society to counter tobacco industry interference in public health policy at the domestic and international levels. Through case studies and analysis of tobacco industry tactics, this year’s Action Guide highlights the importance of Article 5.3 of the global tobacco treaty, which requires ratifying countries to protect their health policies from interference by Big Tobacco.

Specific guidelines on how Article 5.3 should be implemented will be up for approval when ratifying countries gather for the 3rd enforcement meeting on the treaty this November in Durban, South Africa. Proposals in the draft guidelines include keeping the tobacco industry out of tobacco control bodies such as FCTC delegations, prohibiting government partnership or collaboration with the tobacco industry, and requiring the tobacco industry to be transparent about its activities and operations.

For a full schedule, news and photos of the International Week of Resistance to Tobacco Transnationals, or to download the 3rd edition of the Global Tobacco Treaty Action Guide, available in English, French and Spanish, visit: www.StopCorporateAbuse.org.

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