|
Back
to TEAN Links
The right to a smoke-free
environment; the Uganda success.
I would like to tell you a story
about the most exciting case that I have ever done. It is a story
about creating smoke free environments in Uganda.h
The Inspiration; the story begins
in Chicago at the last world conference. Coming as I do from
a country that that pretty much views big tobacco as a good thing
it was an incredible experience for me to meet thousands of people
who had travelled from all over the world precisely because they
were agreed that tobacco was a bad thing.
To cut a long story short, I
was fully converted. I joined Globalink and determined to make
a contribution to tobacco control in Uganda.
Opportunity came when a US group
ELAW, sent us a decision from the Indian Courts that had declared
smoking in public places a criminal and unconstitutional act.
We realised that Uganda had stronger and better legal provisions
to arrive at the same decision as the Indian Court. Our Constitution
provides a right to life, a right to a clean and healthy environment
and a right for an organisation to act to enforce the constitutional
rights of other people.
With the help of ELAW and its
worldwide network of lawyers, Ugandan lawyers and Dick Daynard
we put the papers together. We relied on scientific reports including
the US, EPA, CAL-EPA, Surgeon Generals reports.
The case; On May 31, 2001, wntd,
we filed the suit in the High Court of Uganda, seeking declarations
that smoking in public places violated non-smokers constitutional
rights. The suit was filed against the Attorney General and the
environmental authority. Simply put we were saying to the Court,
the science proves SHS is carcinogenic. The Constitution says
the people, including non-smokers have rights, Government is
doing nothing about SHS. We did not ask for any money or damages.
BAT immediately applied to be
joined in the suit arguing that we were interfering with its
right to do business by creating a stigma over smokers. Gladly,
the application was dismissed.
The Attorney General then sought
to have the suit dismissed on various technical points that we
had heard before from the industry lawyers. That application
was also dismissed.
Then a smoker applied to join
the suit claiming that his rights would be infringed. It came
as a big surprise to learn that the smoker was an employee of
BAT. He was using the same industry lawyers and experts.
At the Courts suggestion, we
attempted to negotiate the matter and we were obliged to consult
the smoker's lawyer. As you may guess, the negotiations floundered.
The industry lawyers made it impossible to agree on any areas
in which smoking should be banned. Even in hospitals, they would
not agree. The smoker's application was in time dismissed.
However, before the case could
proceed, the Attorney General raised yet another objection asking
that the suit be dismissed on the grounds that it had been filed
in the wrong court. Once again that application was dismissed
but our joy was short-lived.
The appellate court ordered a
stop to the proceedings until the smoker could appeal. Gladly
God was again on our side when the smoker's stay order expired.
We rushed back to the Court. On the day of the hearing 11th December
2002, the Attorney General refused to say anything. The Judge
was only too happy to pass judgement.
The orders; The Court declared
that smoking in public places was a violation of the non-smoker's
right to life and to a clean and healthy environment. The Court
ordered the environmental management body to put in place regulations
banning smoking in public places by December 2003.
Today; Draft regulations have
been produced and consultation meetings are taking place. The
Government and the smoker both have appealed but we trust in
God's divine intervention to take care of that.
The lessons; You are never too
small to make a difference. With the attitude, belief and commitment,
we can change the world.
I thank the Conference sponsors
and organizers for making it possible for me to be here. I thank
you all for listening to me.
|
