Dr. Murallitharan Munisamy, CEO of the National Cancer Society of Malaysia. Photo provided by NCSM.
Advocates against tobacco have defended the controversial drafting of the "2022 Tobacco Control and Smoking Bill," which was postponed during the last Dewan Rakyat meeting.
Last Friday, 235 healthcare and anti-tobacco non-governmental organizations (NGOs) from across Malaysia expressed their condemnation of the delay in parliamentary voting on the proposed new Tobacco Control Bill at a press conference. The bill, which includes a ban on tobacco for a generation, has been referred to a special Dewan Rakyat committee for further review.
This event has left non-governmental organizations and health activists extremely disheartened, as the bill was drafted based on scientific research recognized by the World Health Organization (WHO)," said Dr. Murallitharan Munisamy, CEO of the National Cancer Society Malaysia (NCSM), during a press conference held at the Royal Lake Club here.
However, this has faced opposition from some members of Congress who have provided various excuses, ultimately delaying the future health of the people and using it as a bargaining chip.
As a people, we see these actions by lawmakers as a deliberate excuse to reject the bill. Some members of Congress have also politicized this issue without considering the safety and health of the people.
Among the group members who spoke at the press conference were Dr. Murallitharan, Azlinda Baroni from Pemadam, Dr. Saunthari Somasundaram, the president of NCSM, Roslizawati Md Ali, the president of MyWatch, Dr. Afid Awi from IKRAM, and Muhammad Sha'ani Abdullah from Fomca.
The anti-tobacco organization is urging all lawmakers, especially members of the newly formed PSC responsible for reviewing tobacco control bills, to disclose their relationships with tobacco or e-cigarette companies.
We urge them to make a declaration, preferably before joining this committee. If possible, we urge them to make a statutory declaration (SD). Make an SD, place it on the table, and declare that you will not be involved in this industry, whether it be the tobacco industry or the e-cigarette industry," said Dr. Murallitharan.
The Tobacco Bill PSC, chaired by Health Minister Khairy Jamaluddin, includes over a dozen other members of parliament: Abdul Azeez Abdul Rahim (Baling-Umno), Mohd Nizar Zakaria (Parit-Umno), Azalina Othman Said (Pengerang-Umno), Mas Ermieyati Samsudin (Masjid Tanah-Bersatu), Ahmad Fadhli Shaari (Pasir Mas-PAS), Lukanisman Awang Sauni (Sibuti-GPS), Dr Kelvin Yii (Bandar Kuching-DAP), Sivarasa Rasiah (Sungai Buloh-PKR), Dzulkefly Ahmad (Amanah), Madius Tangau (Tuaran-Upko), Darell Leiking (Penampang-Warisan), and Mukhriz Mahathir (Jerlun-Pejuang).
Dr. Murallitharan has addressed concerns raised by several congressional members regarding the potential infringement on basic rights and equality by the excessive enforcement powers outlined in the tobacco control legislation, such as the power to conduct warrantless searches and seizures, access personal data including mobile phones or laptops, detain and search vehicles, and perform body searches.
The enforcement powers outlined in the Tobacco Control Bill do not specify which offenses they apply to; the proposed legislation not only prohibits the sale of tobacco and e-cigarette products to those born after 2007 but also bans those born after January 1, 2007 from smoking, vaping, purchasing, owning, or using these products.
During last week's parliamentary debate on the bill, Khairy agreed to remove the provision on possession from the Generation Endgame (GEG) group.
Dr. Murallitharan stated, "The issue of power is also being questioned until the parliamentarians believe that law enforcement agencies are acting with malicious intent, in order to ensure that all GEG (Generational End Game) groups are detected and action is taken.
He said that Kerry has repeatedly addressed these concerns, but legislators are deliberately "turning a deaf ear" to these explanations.
Public health doctors are urging members of parliament to fulfill Malaysia's obligations under the World Health Organization Framework Convention on Tobacco Control (FCTC), as requested by health activists. This convention is described as a "treaty that reasserts the rights of all people to the highest standard of health".
Dr. Murallitharan has drawn attention to Article 5.3 of the international treaty as a reminder to Malaysia. The article states that when developing and implementing public health policies related to tobacco control, signatory parties should act to protect these policies from the influence of commercial and other vested interests.
Doctor Murallitharan once again calls for the bill to not be postponed until the next scheduled date for debate and voting in October's parliamentary session.
He also listed three key points that make up the basis of the call for action from anti-tobacco organizations towards the PSC: no interference from the industry; PSC members should declare any conflicts of interest (if they exist), or strongly consider creating a SD; and all experts brought to the PSC must not be restricted by an agenda and must be selected based on their relevant expertise.
During last Tuesday's debate on the tobacco bill, several Members of Congress expressed various concerns about the scope of law enforcement powers and the potential issues with implementing a comprehensive ban on an entire generation.
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