A dangerous precedent

Pakistan’s tobacco industry is advancing a contentious plan to manufacture and export 10-pack cigarettes, commonly referred to as ‘kiddie packs’, to Sudan under a $20 million deal. This plan also includes a long-term goal of establishing a tobacco manufacturing facility in Sudan.

Both Pakistan and Sudan are parties to the WHO Framework Convention on Tobacco Control (FCTC) and the Protocol to Eliminate Illicit Tobacco Trade, international treaties that implicitly prohibit the production and export of kiddie packs due to the increased affordability and accessibility of cigarettes for children and other vulnerable groups that such packs represent.

Despite these international commitments, the tobacco industry is now working with the Pakistani government to amend SRO 863(I)/2010, known as the Prohibition of Sale of Cigarettes to Minors Rules, 2010, to allow for the production and export of kiddie packs. This plan has met considerable opposition from health professionals and concerned African nations, who have written to Pakistan's prime minister urging him to halt the scheme. They argue that this agreement disregards both public health and children's rights, as it prioritizes economic gain over well-documented health concerns.

The FCTC and the Protocol to Eliminate Illicit Trade in Tobacco Products are foundational agreements intended to reduce global tobacco consumption and regulate tobacco trade. Article 16 of the FCTC explicitly mandates measures to restrict youth access to tobacco products, while Article 15 obligates signatory countries to prevent illicit trade in tobacco products.

By proceeding with the production and export of kiddie packs, Pakistan and Sudan risk violating both the letter and spirit of the FCTC. Kiddie packs, specifically designed to be more affordable, lower the barrier for children and young people to start smoking, which directly contradicts the objectives of the FCTC. Additionally, Article 8 of the protocol requires that tracking and tracing (T&T) stamps be applied to each pack, including features answering specific questions stipulated in the Protocol. It remains uncertain whether the tobacco industry will adhere to these international standards or if they will engage in practices that compromise the protocol's regulations.

The proposed amendment to Pakistan’s child protection laws to permit the production and export of kiddie packs raises serious ethical and legal issues, highlighting a willingness to protect Pakistani children while disregarding the health and safety of children in other countries. This selective application of protective measures is not only morally indefensible but also undermines the principle of shared global responsibility enshrined in the FCTC. Furthermore, it sets a dangerous precedent by placing economic considerations above public health and international legal obligations.

According to Pakistani law, any significant legislative or regulatory change requires a minimum 15-day consideration period, allowing time for thorough review and public consultation. This procedural safeguard appears to be absent in the case of kiddie packs, raising concerns about transparency and accountability in Pakistan's dealings with the tobacco industry. A similar deviation from procedural norms was evident in the passage of regulations for heated tobacco products (HTPs), where the mandatory review period was disregarded. This apparent urgency to amend child protection laws without proper scrutiny exposes the undue influence of the tobacco industry on government decisions, further compromising the integrity of the legislative process.

The industry’s actions reflect a prioritisation of profit over public health, particularly when targeting vulnerable populations in regions with potentially weaker regulatory standards. The Ministry of Commerce (MoC) in Pakistan had previously issued a Statutory Regulatory Order (SRO) allowing the export of 10-pack cigarettes, although this SRO remains difficult to trace. Even if such an SRO exists, it does not justify further amendments to child protection laws that would give additional leeway to the tobacco industry for kiddie pack production and export.

Moreover, the 10-pack cigarettes intended for export to Sudan may not meet other FCTC requirements, such as graphic health warnings (GHWs) and standard packaging regulations. Although Sudan is a signatory to the FCTC, lax enforcement and an absence of key regulations allow the tobacco industry to exploit public health for profits, undermining global efforts to standardize tobacco control measures. Pakistan’s role in facilitating this export circumvents these essential public health standards and undermines collective health objectives.

The Ministry of Foreign Affairs (MOFA) in Pakistan, as the custodian of the country’s international treaties, has expressed opposition to any amendments that would allow for the production and export of kiddie packs. In contrast, the Ministry of Law has permitted this amendment, citing Article 13 of the FCTC, which addresses bans on tobacco advertising, promotion, and sponsorship (TAPS). This selective interpretation of the FCTC ignores the Protocol's broader obligations and emphasises the need for a consistent and comprehensive approach to tobacco regulation. It is essential that ethical and moral considerations guide such decision-making processes, ensuring that Pakistan’s actions are in line with its international commitments.

There is also a significant risk that kiddie packs manufactured for export could end up in local Pakistani markets if they fail to meet export standards. Historically, products that do not meet specific export requirements are often sold domestically at reduced prices, raising the likelihood that kiddie packs could become accessible to Pakistani youth, exacerbating domestic public health issues and further contradicting the stated purpose of the amendments.

The tobacco industry’s plan to establish a manufacturing facility in Sudan may provide local employment and meet importer needs; however, it does not justify Pakistan’s role in exporting kiddie-pack cigarettes, particularly if it involves sidestepping international tobacco control regulations. A more responsible approach would be for Sudan to handle cigarette packaging domestically, aligning with local regulations, creating jobs, and avoiding potential treaty violations that would implicate Pakistan.

It is imperative that the governments of Pakistan and Sudan act to prevent the manufacture and export of kiddie packs. The legal, ethical, and health implications are severe, and the potential reputational damage to Pakistan on the international stage is significant. Adhering to the FCTC and the Protocol to Eliminate Illicit Trade in Tobacco Products is crucial to upholding global health standards and fulfilling Pakistan’s international obligations.

Even if these cigarettes are produced legally in Pakistan and sold legally in Sudan, they can easily enter neighbouring countries as contraband. These small, inexpensive packs are especially appealing to younger users, posing risks for a much wider spread in neighbouring regions.

The writer is head of policy advocacy and outreach at the Sustainable Development Policy Institute (SDPI), Islamabad. He can be reached at: wasif@sdpi.org