|
|
|
|
|
|
Deaths caused by smoking There are between 1.1 -1.4 billion smokers in the world out of a total population of around 5.8 billion. It has been estimated that 50% of smokers will die prematurely from tobacco related illness, half in middle age (defined as 35 - 69 years of age) with an average loss of life expectancy of 20 - 25 years (8 years over all ages). This means that over half a billion people (in excess of 500 million) or about 10% of the existing population will die from smoking. Of these, 27% will die from lung cancer, 24% will die from heart disease, 23% will die from chronic obstructive lung disease, emphysema or bronchitis and the remaining 26% will die from other diseases including other circulatory disease (18%) and other cancers (8%). Currently, 3 million people worldwide die every year from smoking related disease. This represents about 1 person every ten seconds. One third of all people aged fifteen years and over smoke and this proportion is increasing in Asia, Eastern Europe and the former Soviet States. Consumption trends indicate that smoking prevalence is reducing in developed countries (DCs) (down 1.5% per annum in the United States) whilst increasing in lesser developed countries (LDCs)(up 1.7% per annum on average). The World Health Organisation (WHO) has estimated that, based on current trends, the death toll from smoking will rise to 10 million people per year by the year 2025. Currently two million deaths occur each year in developed countries and 1 million deaths occur each year in lesser developed countries. By 2025 this proportion will alter to 3 million deaths per year in developed countries and 7 million deaths per year in lesser developed countries. No other consumer product in the history of the world had come even close to inflicting this degree of harm on the world community. If anything else posed a threat to life of this magnitude whether human induced or naturally occurring - be it world war, genocide, ethnic cleansing, natural disaster or disease - it would demand immediate international action. The response to HIV, the prosecution of war crimes (both current and dating back to World War II), germ warfare, nuclear weapons or even climate change are but a few examples. The history of the smoking pandemic of the 20th century can be traced back to the invention of the mechanical cigarette machine in the late 1800's. Until that time cigarettes were rolled by hand, production was low and smoking was not overly prevalent. The cigarette machine meant that millions of cigarettes could be produced each day at a lower cost and distributed more widely. The result was that cigarette smoking increased such that by the late 1940's smoking rates in developing countries were up to 70% in adult males and up to 25% in adult females. Smoking rates in LDCs were significantly less. From the discovery of the link between increased smoking and disease in the early 1950's, and major reports publicising the need for public health action, smoking rates among adult males in developed countries has declined although prevalence in adult females increased to some degree but now the levels are roughly equal at about 25% in many developed countries. Meanwhile, smoking rates in lesser developed countries has increased in both the adult male and adult female population. Due to the latency in the development of disease from smoking, the effects were first detected among adult males in developed countries. The effect of increased smoking among adult females is now being reflected in disease rates with similar observations in lesser developed countries. Hence the WHO estimates by the year 2025. Transnational tobacco companies Tobacco consumed by the world’s 1.1 - 1.4 billion smokers is produced by a handful of transnational tobacco companies and a number of state owned manufacturers. China’s state owned production accounts for 31% of all tobacco sales with Italy, Russia, Japan, Taiwan, Indonesia and Thailand, amongst other countries, having substantial government owned factories as well. However, transnational tobacco companies account for 40% of the global market and control 70% of world production, and this is increasing. In many cases, the state owned producer was a state monopoly but, increasingly, this has been broken down through free trade agreements to a point where transnational tobacco companies are not only marketing in countries previously the subject of a state monopoly but there are reports of expressions of interest by transnational tobacco companies in obtaining an interest in formerly state owned monopolies now being privatised. Whilst all tobacco consumption contributes to the overall death toll, state owned production is arguably an internal matter to the nation - state in question. The activities of privately owned, transnational tobacco companies is a matter on international concern. The major transnational tobacco companies, in order of sales, are: US based Philip Morris Inc., followed by British based BAT Industries p.l.c., United States based RJR Nabisco and Rothmans. Under agreements apparently reached among these transnational tobacco companies, Rothmans does not market in the United States and BAT does not market in Britain. There are reports that Philip Morris and BAT have entered into collusive agreements that fix cigarette prices and divide markets in South America (apparently such anti competitive arrangements are not illegal in those countries). It is a mark of the power of the major transnational tobacco companies that they can reach such agreements dividing up markets in sovereign nations consequently inflicting the harm identified above. In 1996, Philip Morris had annual revenues of $55 billion, just over half from tobacco with the rest coming from domestic and international food and alcohol sales. Only 18% was from domestic tobacco sales (20% in 1992) compared with 35% from international sales (21% in 1992). Total tobacco sales comprised 53% in 1996 (41% in 1992) or about 23 billion. BAT revenue in 1996 was $23 billion. RJR Nabisco had total revenues of $17 billion in 1996 of which 48% or about 8 billion was from tobacco sales. These massive levels of turnover and the economic, political and social influence of the transnational tobacco companies has led to the industry being described collectively as "Big Tobacco". A comparison is made that these revenues exceed the gross domestic product of many countries. For example, Philip Morris has a turnover larger than the GDP of Ecuador, Guatemala, Kenya, Kuwait, Malaysia and Peru. It is roughly the equivalent of Ireland, Singapore or Hungary. RJR Nabisco’s turnover is roughly the equivalent of the GDP of Costa Rica, Croatia, Cuba, El Salvador, Lebanon or Jamaica. Whilst these companies undoubtedly have significant economic, political and social influence, the fact remains (with all due respect to the countries with which comparison is made), these transnational tobacco companies, either individually or collectively, are not an overwhelmingly dominant force on a world scale. Deceit and duplicity of the tobacco industry The current status of the tobacco industry is anomalous insofar as cigarette consumption clearly inflicts a degree of mortality totally at odds with fundamental human rights and human values. At the same time the tobacco industry defends itself on the basis that tobacco is a "legal product". This occurred because the tobacco industry had already acquired a substantial degree of economic, political and social influence by the time the link between smoking and disease was established. Since that time the tobacco industry worldwide has engaged in a deliberate campaign of deceit and duplicity to protect and even expand its influence through a process of denial and disputation of the now proven link between smoking and disease, the addictive properties of nicotine and their marketing strategies directed at youth. This deceit and duplicity is currently being exposed by litigation in the United States which is spreading worldwide. The position has now been reached where continued disputation and distortion is untenable, particularly in the face of the projected increase in tobacco deaths by the year 2025 if current trends are continued. This is all the more so given the disparity in the projected increase between developed and less developed countries, reflecting an exploitation of lesser developed countries which will only increase to offset liabilities the tobacco industry is incurring in the United States. This is a circumstance calling for international action. It must not be allowed to happen. Were it to occur it would be, without doubt, a crime against humanity. Crimes against humanity in the International Criminal Court On 17 July 1998 the United Nations Rome Statute of The International Criminal Court established a permanent Court having power to exercise jurisdiction over persons for the most serious crimes of international concern. Article 5 confers jurisdiction on the International Criminal Court with respect to the following crimes:
For the purposes of the Statute, Article 7 defines a "crime against humanity" to mean any of the following acts when committed as part of a widespread or systematic attack directly against any civilian population, with knowledge of the attack;
Given what is known about smoking and disease and the deceit and duplicity of the tobacco industry, were the death toll from tobacco to increase from 3 million a year to 10 million a year by the year 2025, especially with the dramatic increase in lesser developed countries from 1 million a year to 7 million a year, it is impossible to describe that consequence as anything other than the result of an inhumane act of a character similar to murder, causing great suffering, or serious injury to body or to mental or physical health committed as part of a widespread or systematic attack directed against the civilian population of the world. Given that the directors and executives of the major transnational tobacco companies must now have knowledge of the consequences of their activities, if those activities continue then each and every one of them must face the prospect of being charged with committing a crime against humanity in the International Criminal Court. Article 11 of the Statute provides that the Court has jurisdiction only with respect to crimes committed after the entry and the force of the Statute. This means that the opportunity exists for these directors and executives to escape liability under the provisions of the Statute providing there is no increase in mortality from tobacco use. Arguably they should be responsible for a reduction. Given the likely increase in mortality from past smoking, because of the latency of tobacco related disease, every effort would need to be made to reduce consumption in order to avoid a significant increase in the current death toll. Certainly expansion in lesser developed countries should not occur. As a means of securing this outcome, each of the major transnational tobacco companies, and each of their directors and executives, should formally be put on notice of the consequences of their activities such that charges of a crime against humanity can be laid and successfully prosecuted if radical action is not taken to reverse current trends. NEIL FRANCEY |
