[Intl-tobacco] BAT Uganda responds to Multinational Monitor 10 worst designation

[Robert Weissman]

PUBLIC MAY CHOOSE TO SMOKE - BATU

Source: (Kampala, Uganda) Monitor
Date: 2003-01-16
Author: Allan Kamagara
URL: http://www.monitor.co.ug/news.php?record_number=6&show=Business

Public may choose to smoke - BATU
By Allan Kamagara
The fate of British American Tobacco Uganda (BATU)
operations is in the hands of the public the company
has said.
Henry Rugamba, the head of corporate and regulatory
affairs, said this Jan 07 in reaction to an editorial
and a story that quoted a report ranking the mother
company BAT, second among the 10 worst companies in
2002. (See The Monitor Jan 06, Cigarettes only help
drowning men sink deeper, Report lists ten Worst
Corporations of 2002.)
"The public may or otherwise chose to ignore the
report. This will determine future sales and volume of
our products," Rugamba said.
He added that other forces may come in to determine
the company's way forward in regard to criticism
facing the company including financial markets but
could not rule out the 'moral responsibility' aspect
to smoking and tobacco production.
"We are having a dialogue in February with all the
stakeholders and we hope to discuss all this," Rugamba
said.
He did not name the exact date or place where it will
take place.
Rugamba said BATU is yet to come up with an official
response to the report.
BAT was ranked because of its controversial worldwide
programmes supposed to discourage the youth from
smoking, but allegedly make the practice more
attractive to children by giving the impression that
it is a "cool" adult activity.
BAT was also rapped for continuing to deny the harmful
health effects of second-hand smoking, and working to
oppose efforts at the World Health Organization to
adopt a strong Framework Convention on Tobacco Control
and other weak points of its social responsibility
report.
In its social responsibility report Chairman BAT
Martin Broughton is quoted as saying that tobacco and
responsibility just don't go together.
BAT has had a lot to offer in helping address the
problems that concern the stakeholders including
supporting 'soundly' based tobacco regulation and
reducing the impact of tobacco consumption on public
health. Broughton says.
But the MultiNational Monitor however says that this
is only 'theoretical.'
The social responsibility report, which was launched
here in Uganda late last year, is dismissed as a
public relations ploy in the report.
Tobacco activists here have jumped on to smearing BATU
saying that it tried to interfere in court rulings
against regulations on smoking in public areas.
The Environmental Action Network (TEAN), a coalition
of anti-tobacco lawyers in Uganda, filed a suit in the
High Court, seeking a declaration that smoking in
public places violates the constitutional rights of
non-smokers.
Principal Judge Herbert Ntabgoba ruled Dec. 11 that
smoking in public places violates the right to life
under Article 22 of the constitution.
Ntabgoba also ruled that smoking in public places
violates the right of non-smokers to a clean and
healthy environment under Article 39.
BATU has firmly denied this.
Rugamba confirmed that BATU applied to be party to the
proceedings but their application was rejected.
Rugamba also said a smoker applied to be party to the
proceedings but was rejected. He did not name the
smoker.
Phillip Karugaba a lawyer and member of the coalition
said the said smoker, "Joseph Eryau, was a Quality
Controller of BATU at the time he applied to join the
suit. For some reason, he has since left BATU."
Karugaba in an email said the Judge called him a
"hired obstructionist".
He revealed that he was using BATU's Ugandan lawyers,
Byenkya, Kihika & Co, BAT's UK lawyers a BATU
scientist Peter Lee.
Meanwhile Attorney General Francis Ayume has served
Court with notice to appeal a ruling that smoking in
public violates the right to life of non-smokers.
The notice to appeal was lodged in the Court of Appeal
Dec.18. It was served to TEAN, the pressure group that
brought the case to court.