Tobacco is “our industry and we must support it”: Exploring the potential implications of Zimbabwe’s accession to the Framework Convention on Tobacco Control

The Zimbabwean government regards tobacco as the “lifeblood of Zimbabwe’s economy” [13]. In 2012 the country was the top tobacco-producing nation in Africa, and in 2013 it was the sixth largest tobacco producer in the world [11]. According to Zimbabwe’s Tobacco Industry and Marketing Board, 98 % of Zimbabwe’s tobacco is exported, making it the country’s largest foreign currency generator (accounting for 10–43 % of the country’s gross domestic product) [19, 20]. Zimbabwe receives a higher percent of government revenue from tobacco leaf than any other country in the world, except Malawi [21], partly due to a levy system that taxes both growers and buyers [22].

Tobacco is a major source of employment: there are over 90,000 small scale tobacco farmers in Zimbabwe [19, 23], supported by a robust tobacco growing infrastructure. For example, banks dedicate significant revenue for loans to tobacco farmers [24], though small-scale farmers have fewer loan options [25]), land (taken in 2000 from white farmers) is preferentially given to black tobacco farmers by the government [26‐28], tobacco companies offer loans for seeds and fertilizer [19, 24], and tobacco farmers receive cash payments upon delivering their crop [29]. As a result, despite widespread hunger in Zimbabwe, farmers are more likely to grow tobacco than grain [19, 24].

Zimbabwe’s Ministry of Agriculture and Ministry of Industry and Commerce oversee tobacco industry-related organizations such as The Tobacco Research Board, the Tobacco Industry and Marketing Board, and the Boka Tobacco Auction Floors. Two independent groups that claim to represent tobacco farmers’ interests, the Zimbabwe Tobacco Association (ZTA) (and its offshoot, the Farmers Development Trust, recipient of several US$100,000 grants from Phillip Morris [30]), and the International Tobacco Growers Association (ITGA), are influential in Zimbabwe [31, 32]. The ZTA was founded in 1928 (originally as the Rhodesian Tobacco Association) to “promote and support research and training to ensure the continued development and expansion of the flue-cured tobacco growing industry” [32]. In 1984, the ZTA and representatives of five other tobacco-growing nations founded the ITGA with funding from transnational tobacco companies [33‐35]. Previous research has exposed the ITGA as a public relations vehicle for transnational tobacco companies, providing a “human face” and a “grass roots voice” to articulate the positions of tobacco manufacturers [35, 36]. Both groups have publicly criticized the FCTC [12, 13, 32, 34, 37] and both have tried to influence FCTC proceedings [36, 38, 39].

While industry, government, and tobacco grower organizations in Zimbabwe work together to support tobacco growing, their interests and positions sometimes conflict. For example, the ZTA opposed government levies on growers and a land redistribution program in the late 1990s, which resulted in many highly productive white tobacco farmers fleeing to Zambia, South Africa, and Mozambique [40, 41] (where tobacco growing subsequently increased) [11].

Zimbabwe’s economy is near collapse due to its US$11 billion debt [42], made worse by continuing corruption [42‐44], high unemployment (80–85 %) [42, 45, 46], widespread hunger [47], succession battles [42, 44, 48‐51], and a 2014 law that requires all companies to hand over 51 % of shares to black Zimbabweans [52]. In the face of economic strains, tobacco growing is likely to continue to be a major income generator for the government.

In the past, Zimbabwe government officials and growers’ organizations have been outspoken supporters of tobacco growing and critics of the FCTC [31, 53, 54]. For example, Zimbabwe’s President Robert Mugabe expressed support early in his presidency for the tobacco industry saying: “If we sell it, we must grow it as well. It is our industry and we must support it” [31]. In 2000, at the FCTC public hearings in Geneva, the ZTA criticized the work of the FCTC as a “crusading task of drawing up a global tobacco prohibition accord, to be legally imposed upon governments” [12]. (The FCTC does not, in fact, ban tobacco growing [55]). Both the ZTA and the ITGA developed a briefing on the FCTC describing it as a “thoroughly bad and damaging international treaty” which represented an “an attack on [Zimbabwe’s] national sovereignty” [32].

By 2010, as the FCTC garnered increasing international support, Zimbabwe appeared to re-assess the value of its outsider status. Joseph Made, Zimbabwe’s Minister of Agriculture and close ally of President Mugabe, argued that it was time to join the FCTC because the country’s outsider status made it more difficult to protect its tobacco interests and it needed to work in concert with other countries [13]. In 2013, Gavin Foster, ZTA president, appealed to the Zimbabwean government to sign the FCTC accord “so that we can defend not only our tobacco growing industry but that of the entire continent under threat. Lets [sic] us stop non producing and non tobacco [sic] dependent countries; countries and organisations with hidden agendas deciding the future of our industry and livelihoods” [34]!

While daily smoking prevalence among women in Zimbabwe is relatively low (5 %), men’s smoking prevalence is much higher (33 %) [56], reflecting the growing popularity of smoking among African men [57]. In Africa, civil society organizations have played a key role in spurring government tobacco control [58], but in Zimbabwe only one civic tobacco control organization, the Zimbabwe Framework for Tobacco Control Trust, is apparently active. It applied to attend a recent FCTC meeting but was turned away as it has no website, no identifiable members, and scant media coverage [19, 59]. There is a demonstrable need for tobacco control in Zimbabwe.

In addition to several general obligations, the FCTC requires members to adopt and implement measures that address tobacco control in three domains -- tobacco demand reduction, tobacco supply reduction, and protecting the environment -- as spelled out in the 18 primary articles that comprise the treaty. Tables 1, 2, 3 and 4 outline how Zimbabwe’s current tobacco control policies and practices measure up against FCTC articles.

General obligations for FCTC Parties as outlined in Article 5 require member countries to actively engage in tobacco control work, financing and coordinating the work on a national level (Table 1) [60]. Zimbabwe has few tobacco control measures and one national tobacco control law, Statutory Instrument 264 of 2002 [61]. In 2009 it had a national tobacco control agency (with one employee), and no budget for tobacco control activities [62]. In 2014 Zimbabwe developed national tobacco control objectives [63]. President Mugabe continues to publicly express support for tobacco growing [64].

FCTC Article 5.3 specifies that tobacco control measures should be protected from commercial or other vested interests of the tobacco industry [60]. Just four months after acceding to the FCTC, a Zimbabwean government ministry signed a Memorandum of Understanding accepting a donation of $527,000 from the British American Tobacco (BAT) to enhance tobacco production by providing training, building tobacco curing barns, and improving access to credit for youth, women, and disabled small farmers [65‐67].

Tobacco control activities to reduce demand (Articles 6-16) in Zimbabwe have been minimal (Table 2). Health warnings are required on cigarette packages [56], there are some designated smoke-free settings [68], and cigarettes are taxed at 60 % of the retail price [68]. Beyond that, there are few other regulations. Cigarettes are widely advertised [56, 68], sponsorships by Savanna Tobacco, a local Zimbabwean company, are common [69‐73], and single stick cigarette sales are popular to market smoking to the poor [74]. There are no mass education anti-smoking programs [56, 68], and government and tobacco industry officials have publicly minimized the dangers of smoking [34, 53]. For example, in 1994, at a national congress meeting, President Mugabe minimized the risk of tobacco use when he said, “I think WHO has its priorities wrong. Why can they not be more fair with tobacco and start with alcohol” [53]. At the 2013 World Tobacco Day ZTA president Gavin Foster said, “The impact of tobacco on the health of individuals whether on us growers, our workers and families, processors, manufacturers, our end user the smoker and the general populace ranks very low when ranked against the World Health Organisation’s deadliest causes of death and diseases such as heart disease, strokes, lower respiratory diseases, HIV, and other NCDs” [34].

Tobacco control activities aimed at reducing the supply of tobacco (Articles 15-17) have been even less vigorously pursued. There are widespread reports of cigarette smuggling to surrounding countries [74‐81]. While there are laws to prevent tobacco sales to minors, [61] young urban and rural dwellers report easy access (Table 3) [82]. Article 17 is particularly challenging for Zimbabwe since it involves the “provision of support for economically viable alternative activities” to tobacco growing. Both government and industry officials claim that there are no economically viable alternative crops to replace tobacco, [34, 83] despite evidence to the contrary [84]. Local media reports continue to emphasize the advantages of growing tobacco [85, 86].

Finally, tobacco control efforts aimed at the “protection of the environment and health of persons” (Article 18) represent another hurdle (Table 4) [60]. Deforestation is a particularly significant problem for Zimbabwe [23, 87‐93], since flue-cured tobacco requires heat to process the leaves, and wood is used as a fuel supply [87].

A key privilege of joining the FCTC is becoming a voting member at Conference of the Party (COP) meetings [14]. COP is the governing body of the FCTC and is comprised of its 180 Parties [60]. Parties outline, adopt, and amend policies, make decisions on implementation, and discuss compliance with FCTC articles [94]. FCTC rules stipulate that COP meets in regular sessions biennially and that further work happens in regional meetings and designated working groups between COP meetings [95]. Membership in working and regional groups is voluntary. Decision-making is by consensus among Parties (observers can comment), with the caveat that a three-quarter majority rule is acceptable for substantive matters or a simple majority rule for procedural matters [95]. In past practice, consensus has dominated decision-making. Given the preference for consensus and voluntary membership in regional and working groups, there are opportunities for a Party to influence or obstruct FCTC provisions that it finds objectionable. Moreover, as a member of COP, Zimbabwe will be party to negotiations and have access to documents and conversations that would likely be of interest to the tobacco industry.

In acceding to the FCTC, Zimbabwe has joined a club to which 43 of 47 African nations belong. (Only Eritrea, Malawi, and South Sudan have not ratified the FCTC. Mozambique has signed but not ratified the treaty [16, 96]). African regional unity was key to negotiating a strong treaty, with African nations (both tobacco producing and non-producing) voting as a bloc and making alliances with other regional blocs to advance their tobacco control agenda [9, 10]. Thus, at COP meetings, Zimbabwe may contend with pressure to advance not simply its own interests, but regional interests as well [96].

Future COP meetings are likely to discuss two issues of particular significance for Zimbabwe: strengthening Article 5.3, and reviewing progress on recommendations for implementing Articles 17 and 18. Article 5.3 specifies that tobacco control measures should be protected from commercial or other vested interests of the tobacco industry [60]. Recent COPs have accelerated efforts to comply with Article 5.3 [60] which was first adopted at COP3 [97]. At COP5, Parties requested further discussion about the large number of industry representatives among the public attendees at COP meetings. At COP6, discussion centered on the need for more rigorous and advance vetting of the public (including the media) at future COP meetings and the exclusion of observers at the current meeting, where all Party delegates (not just observers, as before) might be required to file a declaration denying “any form of real, perceived, or potential conflict of interest with the tobacco industry” ([98, 99], pp. 31-32).

Further discussion on minimizing industry influence and accelerating Article 5.3 implementation is likely to occur at COP7 scheduled to take place in New Delhi in late 2016. Specific language to strengthen Article 5.3 could result in the exclusion of media, observers, or even individual delegates from COP meetings; the mandatory use of new tools to track implementation of Article 5.3; increased transparency regarding industry involvement in Party countries; and the elimination of conflicts of interest for government officials and employees [100].

COP has been working on how best to implement Articles 17 and 18 since 2006. (Article 17 was included in the FCTC to protect tobacco farmers by addressing the possible economic consequences of effective tobacco control policies that could reduce demand for their crop [101].) At COP6 in 2014, an Articles 17/18 working group submitted its report. Although it was 8 years in the making, COP6 decided that the report needed further refinement. Parties quickly established an informal group to provide a brief set of nine recommendations drawn from the report ([99], p 16) COP6 adopted the policy options and recommendations in the full working group report despite divergent views [102] and requested that the Convention Secretariat implement the nine recommendations ([99], p. 79). The working group’s mandate was not renewed [99]. At COP7 (New Delhi, 2016), the Secretariat will provide a progress report on the implementation of the recommendations [99]. Issues related to planting alternative crops and reducing environmental and health damage from tobacco growing are contentious and complex and any proposed solutions are likely to pose challenges for Zimbabwe, now officially involved in future discussions.