However, despite a publicity drive focused on tobacco’s negative effects on human health, smoking controls have yet to make headway. Yang attributed the failure to the restructuring of government departments in 2008, when the State Tobacco Monopoly Administration was placed under the jurisdiction of the Ministry of Industry and Information Technology, the very government department overseeing the FCTC’s implementation.
Ironically, the head of the State Tobacco Monopoly Administration is also a leading member of the Ministry. This actually means that both the tobacco industry and tobacco control are overseen by a small number of individuals within the same ministry. This situation has led many critics to liken the situation to “asking a tiger for its skin.”
At this year’s FCTC conference, the Chinese delegation was again nominated for the Dirty Astray prize for “getting too bogged down in details” when discussing restrictions on tobacco components.
“I have been absent from the FCTC conferences since 2008,” Yang said. “The Ministry no longer needs health experts like me.”
Disputes
In order to combat the work of health professionals such as Yang Gonghuan, the tobacco industry employs an exhausting bag of tricks to boost sales. One of the industry’s leading promotional tools is to make donations to charity projects, such as funding the construction of deep-wells in arid rural areas.
According to the Chinese Association of Tobacco Control, a total of 52 tobacco companies donated money to 79 charitable causes between September and December in 2009, covering 40 cities and counties in 15 provinces. In November this year, the State Tobacco Monopoly Administration made a donation of 10 million yuan (US1.5m) to two charity programs sponsored by China Women’s Development Foundation.
All these donations, which obviously violated the FCTC, are self-serving and aimed at boosting the image of cigarette manufacturers. The Chinese Association of Tobacco Control published an open letter on its website, urging the public to turn down tobacco companies’ donations which “covertly attempt to promote tobacco use.”
This proposal, however, drew little public support. An online survey by the Beijing Times newspaper found that 80 percent of respondents voted against turning down the donation, saying tobacco companies have the right to engage in charity. The survey also sparked an online debate on tobacco control.
“We have the right to smoke. I’m opposed to restricting our freedom,” commented one popular much-clicked online response.
Wu Fei, a smoker, told NewsChina that cigarettes and cigars are common gifts people give to their friends, relatives and superiors. According to Wu, “Smoking a cigarette together” is a way to bring people closer.
Legislation
Despite the apparent obstacles, the negative effects of smoking are beginning to filter through among the public. According to Suo Chao from the Chinese Association of Tobacco Control, statistics show that 80 percent of people now support a ban of smoking in public places. What is absent is a national law on tobacco control, argues Suo.
His concern, however, is not shared by other experts, many of whom believe the key to China’s tobacco control is not legislation, but how to implement existing regulations.
“These regulations are either pigeonholed or unenforceable,” said Ji Yajie, head of China Tobacco Control Laws Clinic. Those charged with enforcing policies are often unsure of their exact role, leading to confusion. For example, if you wish to report smoking in a restaurant, you are required to voice your complaint to the local food supervision authority, but if you wish to report smoking in an Internet cafe, you have to call the local police.
“The bottom line, is that China needs rules that are enforceable,” he said.
