3rd Conference of the Malaysian Council for Tobacco Control (MCTC)

HUKM, 8 – 9 August 2009

1

Dr. Zarihah ZainUnit for Tobacco Control & FCTC

Ministry of Health MalaysiaEmail: drzarihah@moh.gov.my

Malaysia’s Initiatives on Smoke Free Environment:

Malaysian Policy on SFE

2

An integral part of tobacco control strategy in Malaysia

Rule on banning smoking in cinemas (1973)

Administrative ban on smoking in hospitals and clinics (1975)

Administrative prohibition of smoking in Government offices (1982)

3

Control of Tobacco Product Regulations (Under Food Act 1983)

19932004 (Amendments)2008 (Amendments)

4

Prohibition of smoking:Theaters & entertainment centresHospital & clinicsPublic liftsAir-conditioned eating placesPublic transportationDesignated locations in Regulation 12

5

CTPR 1993: Regulation 11

Designate smoking area – not> ½ of floor size

6

Public toilets Public transport

terminal Airports Govt. premises Public gathering

in a building Institution of

higher learning Kindergarten

Schools & school buses

Counter service area Shopping complexes Petrol kiosk Sports complex &

gymnasium Library Internet café Dsignated areas

under Regulation 22

Additional areas:

7

2 more designated smokefree areas:National Service Training Centre

(PLKN)Five-foot ways in shopping

complexes Now there are over 20 places listed

as SFA in the CTPR

8

Plan for further expansion of SFA to include: Hotel lobbies Indoor work places All restaurants and eating places

Public consultation held in MOH on 20/7/09

9

Display no-smoking specified signs adequately in conspicuous locations

Ensure no body smoke in the premise/ vehicle

10

Display no-smoking specified signs adequately in conspicuous locations

Ensure no body smoke in the premise/ vehicle

11

Smoking in SFA Fine < RM 10,000 Imprisonment < 2 years

Premise owners (failure to display signage) Fine < RM 3,000 Imprisonment < 6 month

Premise owners (failure to ensure SFA) Fine < RM 5,000 Imprisonment < 1 years

12

Power of the Minister to approve smoking area Completely separate from SFA Must meet a set of criteria Clearly demarcated Mechanical systems to ensure sufficient

negative pressure in smoking area Ventilation Extraction fan

Written approval following detail review of application & inspection of site

13

In draft : scheduled for presentation at top MOH official level before ultimately tabled in Parliament (target - within this year of early next year)

Consistent with provisions in WHO FCTC Plans for widening of SFA to cover indoor

and outdoor public places, work places Perhaps a different way to crafting the

text

http://www.who.int/fctc/text_download/en/index.html 14

An international legal tool The World’s 1st Public Health Treaty

Developed in response to globalisation of the tobacco epidemic

Ultimate goal is to improve global public health

The only platform available for binding global standards on tobacco control

15

Incorporate mechanisms to monitor conduct of nations and hold them accountable

Provisions to strengthen capacity of countries to implement tobacco control

Provide a level playing field for all Parties By far the quickest & most widely embraced

international treaty (165 on 17/7)

FCTC serves as the floor NOT the ceiling16

WHA 1996: Initiation WHA 1999: Political process established 2 pre-negotiations working groups: 1999 & 2000 6 Intergovernmental Negotiating Body: 2000-2003 WHA 2003: Unanimous adoption 27 February 2005: Entry into force 2 Intergovernmental Working Groups: 2004 & 2005 1st Conference of Parties: February 2006 2nd Conference of Parties: Mid 2007 3rd Conference of Parties: End 2008 INB process INB a protocol for illicit trade on tobacco Guidelines development & adoption

17

Involved since 2000 at 2nd pre-negotiation working group Participated in all WHO FCTC process meetings from then 23 Sept 2003: became a signatory 16 September 2005: ratified 15 December 2005: became a party Participated in all IGWG Participated in COP1, COP2 & COP3 Participated in INB1, INB2 & INB3 for protocol on illicit

trade in tobacco WG partner on development of guidelines for Articles 5.3,

11, 12, 13, 14

18

Total of 38 Articles in the WHO FCTC Preamble Introduction (Articles 1 – 2) Objective, guiding principles & general obligations (Articles 3 – 5) Measures relating to reduction of demand for tobacco (Articles 6–14) Measures relating to reduction of supply of tobacco (Articles 15 – 17) Protection of the environment (Article 18) Questions related to liability (Article 19) Scientific and technical cooperation and communication of

information (Articles 20 – 22) Institutional arrangements and financial resources (Articles 23–26) Settlement of disputes (Article 27) Development of the convention (Articles 28 – 29) Final Provisions (Articles 30 – 38)

19

Core demand reduction provisions: Articles 6 – 14

Price & tax measures to reduce the demand for tobacco

Non-price measures to reduce the demand for tobacco: i.e. Protection from exposure to tobacco smoke (Article

8); Regulation of the contents of tobacco products (Article 9); Regulation of tobacco product disclosures (Article 10); Packaging and labeling of tobacco products (Article 11); Education, communication, training & public awareness

(Article 12); Tobacco advertising, promotion and sponsorship (Article

13); Demand reduction measures concerning tobacco

dependence and cessation (Article 14) 20

Core supply reduction provisions: Articles 15–17 Illicit trade in tobacco products; Sales to and by minors; and Provision of support for economically viable

alternative activities

Mechanisms for scientific and technical cooperation and exchange of information: Articles 20 - 22

21

1. Parties recognize that scientific evidence has unequivocally established that exposure to tobacco smoke causes death, disease and disability.

2. Each Party shall adopt and implement in areas of existing national jurisdiction as determined by national law and actively promote at other jurisdictional levels the adoption and implementation of effective legislative, executive, administrative and/ or other measures, providing for protection from exposure to tobacco smoke in indoor workplaces, public transport, indoor public places and, as appropriate, other public places.22

To be implemented within 5 years of ratification

23

http://www.who.int/fctc/guidelines/article_8/en/index.html 24

1st FCTC Guideline Unanimously adopted by COP2 in July 2007 Represent the best practices in Smokefree

Air Policies, as determined by leading experts

Give policy makers a road map to effective protection from tobacco smoke

In order to come in compliance with the FCTC, governments must enact comprehensive smokefree air laws

25

This Guidelines leave no doubt that partial protection, or protection of only certain types of persons, will not be considered effective

“the elimination of smoking from indoor environments is the only science-based measure that adequately protects a population’s health from the dangerous effects of SHS… Neither ventilation nor filtration, alone or in combination, can reduce exposure levels of tobacco smoke from indoor spaces to levels that are considered acceptable, even in terms of odour, much less health effects.” World Health Organisation, 2007

26

Key recommendations:

Legal, not voluntary measures Universal protection for all people Completely smokefree environments in

all public places and work places i.e. 100% Smokefree Environment NOT Ventilation

27

Key recommendations:

Public education on the requirements of the law and on the dangers of SHS

Effective enforcement, which includes assigning authority to the most appropriate agencies and requiring significant penalties for non-compliance

Flexibility for future strengthening of the law

28

29

Smokefree workplace creates environment that is conduciveAn important factor to promote individuals to become productive

It’s always worth to invest in employee’s healthBecause paying compensations only depletes employer’s wealth

Superior is the standard of Malaysian hospitalityCustomer’s satisfaction and wellbeing, central responsibility

No one would ever be served with secondhand foodSurprisingly though, serving secondhand smoke is not considered rude

30

Denial: Tobacco industry scientists found that secondhand smoke was dangerous in the 1970s, but they suppressed this research and publicly denied that SHS is a health risk

Deceit: TI have paid scientific consultants to cast doubt on independent research showing that SHS harms health. In 1990s, TI consultants covertly infiltrated the WHO International Agency for Research on Cancer (IARC) to influence its findings on SHS & health

Distraction: TI promotes ineffective alternatives such as voluntary regulation, ventilation systems and non-smoking areas to distract attention from smokefree laws 31

Dire predictions: Whenever & wherever smokefree laws are proposed, the TI & its allies predict terrible impacts for everyone from children to businesses and workers to politicians. These predictions are not supported by objective evidence

Decoys: TI often use apparently independent groups and individuals to fight their battles for them. TI funding is often hidden

Delay: Delay is a powerful weapon of the TI that will try to halt smokefree laws through legal challenges and delayed implementation dates

Derail: TI through their devious strategies had successfully caused the failure of past attempts to enact & implement effective SFA laws

32