SEPT 25 — “Cigarettes are a legal commodity,” declared Indonesian Constitutional Court Chief Justice Mahfud on Sept 10. “For that reason, cigarette promotion should also be seen as a legal action.”
At issue was a provision in the 2002 Broadcasting Law that states that cigarette advertisements may be aired by electronic media as long as they did not show cigarettes or people smoking. The National Commission for Child Protection (Komnas Anak) and the West Java-based Children's Protection Council had demanded that the court declare the article void, effectively banning cigarette advertising on local television.
The court, however, ruled that advertising was a constitutional right for everyone, including the cigarette industry.
The ruling suggests that it will be some time yet before any effective measure is taken to curb smoking among Indonesians. This is despite strong evidence suggesting that smoking is not only a health hazard, but also helps perpetuate the cycle of poverty.
According to the University of Indonesia's Demographics Institute, some 68 million Indonesians were active smokers last year. The institute also believes that around 428,000 people died nationwide from smoking-related illnesses last year, accounting for 22.5 per cent of all deaths in the country. More than 90 per cent of cigarettes sold in Indonesia are laced with cloves, a spice widely acknowledged to make them more harmful to health than regular cigarettes.
Anti-smoking activists also point to surveys suggesting that smoking contributes to the cycle of poverty. University studies show that cigarettes account for 11.89 per cent of total expenses among poor families, second only to their spending on rice. “Family nutrition is sacrificed for the sake of cigarettes,” says researcher Abdillah Ahsan.
“And then smokers get smoking-related diseases, or die prematurely, leaving the family further trapped in poverty.”
Government revenues from cigarette excise duties last year totalled 57 trillion rupiah (RM20 billion). According to Industry Minister Fahmi Idris — a well-known opponent of restrictions on cigarette sales —about 12 million citizens depend on the cigarette industry for employment.
Anti-cigarette campaigners counter that the cost of treating patients suffering from smoking-related diseases is far greater than the annual revenue of cigarette excise taxes.
Indonesia's cigarette industry, however, has considerable influence. As a result, government efforts to curb smoking have so far been half-hearted. In 2006, the Jakarta municipal administration issued a by-law banning smoking in public places, such as public buses, malls, restaurants, cafes and offices. Violators faced fines of up to 50 million rupiah and prison sentences of up to six months.
But the regulation was poorly enforced. A survey carried out last year by a consumer advocacy group showed that 74 per cent of city administration officials smoke in their offices, a clear breach of the city's by-law. Yet another survey in July this year of city buses found that smoking continued on almost 90 per cent of such vehicles.
Ridwan Panjaitan, head of the law enforcement unit of the Jakarta Environmental Board, cites a lack of manpower as one reason the ban has not been enforced more effectively. But there also appears to be a general reluctance to make an example of anyone. Ridwan himself admitted earlier this month that efforts to stop smokers lighting up in government offices amount to little more than polite requests from their unit chiefs.
There is disinterest at the national level as well. In 2004, Indonesia joined 167 countries in signing the World Health Organisation's Framework Convention on Tobacco Control. Today, however, the country is one of only four nations yet to ratify it. The convention calls for wide-ranging strategies designed to reduce both the supply and demand of tobacco products. These include tax measures, a complete ban on advertising, and the provision of an alternative means of livelihood for tobacco workers.
Perhaps the best that can be said for the court ruling earlier this month is that it was a split decision. In a minority judgment, Justice Muhammad Alim Maruarar said the country's cigarette industry was known to be harmful to children, while Justice Harjono said he believed the state had an obligation to protect the rights of children.
Perhaps one day such views will no longer be in the minority. A recent decline in the number of middle and upper class smokers certainly suggests that public attitudes are changing.
Activists can also point to Indonesia's ban on alcohol advertising as constituting an important precedent. Even so, this may be dependent upon the willingness of the religious authorities to change their stand. Currently, the influential Council of Ulema (Muslim scholars) regards alcohol as haram (forbidden), whereas smoking is merely makhruh (improper).
Meanwhile, the campaigners have not given up. Muhammad Joni, a lawyer for the plaintiffs, has already announced his intention to mount another challenge to the Broadcasting Law. The legal basis of the new suit, however, has not been announced. — The Straits Times
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