Arguing that the recently-passed Tobacco Control Bill will put hundreds of street vendors out of business while giving rise to the illicit trade of tobacco products, Demerara Tobacco Company (DEMTOCO) has called on President David Granger to withhold his assent, and allow for the Bill to be sent to a Joint Select Committee of the Parliament.
The Tobacco Control Bill was passed last Thursday in the National Assembly with Public Health Minister, Volda Lawrence, arguing that the tobacco epidemic remains one of the greatest public health threats of the 21st century, claiming the lives of seven million people annually. Six million of those deaths are as a direct result of tobacco consumption, while about 900,000 are the result of non-smokers being exposed to second-hand smoke. It is anticipated that the Bill when enacted will help to curb the manner in which people smoke, resulting in less deaths.

But on Wednesday, DEMTOCO’s Managing Director, Maurlain Arygle-Kirton, argued that if the President gives his assent to the Bill in its current form, it will not alter the consumption rate, but rather, will give rise to the black market trade of tobacco products and ultimately affect the revenues of legitimate businesses.
“A Bill that is so harsh in measures will have the shock effect, and you will see consumption moving in a different direction. It literally moves from the legit product to the illegal product,” Arygle-Kirton told reporters.
At the time, she was addressing reporters during a press conference at the Cara Lodge Hotel, with backing from two of DEMTOCO’s Directors, Raoul Gylnn and Chandradat Chintaman.

DEMTOCO is a subsidiary of British American Tobacco Co, which has an annual revenue of US$63 billion. Even though DEMTOCO ceased production in Guyana in 1997, it still markets and distributes widely in Guyana. According to reports, the tobacco company continues to make a profit with the increase in tobacco sales over the years, at an average yearly rate of 18 %. In 2016, DEMTOCO paid $4B in taxes to the local treasury. Once the law is enacted, its revenue is expected to drop significantly.
While stating clearly that the industry is not up in arms against the regulations, and cognisant of Guyana’s obligations to the Framework Convention on Tobacco Control (FCTC), Arygle-Kirton said the company’s principal concern lies with the enforcement of highly draconian, discriminatory and even unconstitutional measures.
“We are of the view that some of the proposals are not balanced and justified, and we believe there are less restrictive alternatives which are proportionate, effective, and feasible, and that there are several clauses which infringe on the rights of ordinary citizens, and discriminate against many who are seeking to earn their livelihood from the selling of a legal product,” the Managing Director stated.

Arygle-Kirton added that while the Bill addresses smoking in public places – aimed at safeguarding non-smokers via the banning of indoor smoking, advertising, sponsorship and promotions, there are other measures that still require further probing and amending, to ensure that they are not outright bans and draconian in their impact and interpretation.
Alluding to Page 10, Paragraph 3 of the Tobacco Control Bill, Arygle-Kirton said that DEMTOCO has an issue with the definition of the term “workplace.”
According to the Bill, workplace “means any place used by one or more persons during employment or work, whether done for compensation or as a volunteer, and includes all attached and associated spaces commonly used during the course of work or incidentally, as well as work vehicles.” But for DEMTOCO, this infringes upon the privacy of all Guyanese.
“Imagine, if you hire any sort of help, be it a gardener, babysitter, or housekeeper, even your home may now be considered a workplace based on the prevailing definition. This definition is too wide, and now raises questions of enforceability. How can this possibly be policed?” she posited.

According to the tobacco company, public places, such as, private entities and workplaces should be allowed by law, to set up adequately designated smoking areas. For example, factories, restaurants, bars, casinos, hotels, other workplaces or facilities that would be accessible to the public, should have such designated smoking areas that cater for both smokers and non-smokers alike.
Such is the practice in Barbados, Jamaica and Trinidad, the Managing Director further pointed out.
Turning her attention to hawkers (persons selling tobacco products in trays), Arygle-Kirton argued that the Tobacco Control Bill will now restrict the execution of this trade. She is of the opinion the Government could have regulated the hawkers, while allowing them to continue their trade with a stricter way of operation. DEMTOCO has approximately 3 800 retailers spread across Guyana, 10-15% of whom are street vendors.
Gylnn, in offering his supporting remarks, emphasised that street vendors should be allowed to make a living. “When we look at the vendors around the Bourda and Stabroek Markets, they have made a choice to do something legitimate, yeah we all have a choice in life, they made a choice to sell a legal product in a legal way, and you are saying to them, your livelihood is now gone,” he posited.
While the tobacco company is not looking to take any legal actions, Gylnn said, it is hoped that the Government will act with the people in mind.

DEMTOCO has also taken issue with Clauses 40-44 of the Bill, which limits interaction between Government officials and representatives from the tobacco industry.
“The industry is a key stakeholder of a legal product and should be consulted on any policies which are likely to affect the industry and the rights of individuals who chose to smoke. We are confident that the Government has the capacity and capability to effectively evaluate the pros and cons of different views from various stakeholder groups,” the Managing Director stated.
According to her, despite the fact that the company wrote both the Government and Opposition on the “draconian” measures in the bill, the responses were less than desirable, pointing out that the industry was not directly consulted on the matter.
PAHO/WHO National Consultant, Attorney-at-Law Kesaundra Alves, who had worked on the proposed legislation since 2011, said Article 5.3 of the FCTC does not allow for the policy makers to interface directly with the Tobacco Industry.
“We could not directly interface with the Tobacco Industry, the measures that the Tobacco Industry wants run counter to Public Health. There is no seat for Public Health and the Tobacco interest at the same table,” Alves had said
Nevertheless, while acknowledging that the Bill is now passed and awaiting final signature from the President, DEMTOCO believes that it is not too late to send the Bill to a Joint Select Committee of the Parliament where some of contentious issues can be robustly reviewed as was done in Jamaica.

“A Select Committee allows all stakeholders and all means, those of us who are in support of the Bill and those of us who have issue with the Bill to get to a forum where you are allowed to ventilate the evidence not your emotions, the evidence or the facts and a decision is made. That never happened,” DEMTOCO Managing Director explained.
If the company fails to receive the support of the President, it will move ahead with its educational campaign, informing consumers, retailers, distributors and wholesalers that it is still in the business of selling a legal product. According to the Managing Director, it will also abide by the law and encourage its customers to do the same.