tembakau kontrol

This book, “Giant Pack of Lies: an Indepth Report of the Powerful Tobacco Industry in Indonesia,” has brilliantly exposed manipulative practices and public lies committed by both national

and international cartel of tobacco industry in Indonesia (Indonesia, The Last Frontier). Indonesia with it's more than 240 million inhabitants coupled with it's weak regulation

(its refusal to access the FCTC, regardless the fact that Indonesia is among the first initiators of the convention), made it clear that this country is indeed a tobacco heaven.

The book presented journalistic investigation as well as documentary based analysis of the “TOP SECRET” tobacco industry's documents, which were opened to the public in 1998 in the US.

These documents demonstrated the naked facts on how the industry intervene public policies. One remarkable example is how tobacco industries reduce the power of the Indonesian Health Law in 1992.

The tobacco industry's intervention in the process can be seen through the correspondences between the BAT officials in Indonesia with their superiors in the headquarter, which were neatly

documented in this book.This book also presented the seven myth of tobacco control which are often used to oppose tobacco control

movement in Indonesia. One of those myths is the sentiment stating that tobacco is an Indonesian original plant and tobacco smoking is our cultural heritage, while the truth is far from that.

The fact is tobacco was originated from the Latin America and brought to Indonesia by the Dutch and was first planted in Banten under the order of Cornelis de Houtman. Moreover, our traditional

habit is to smoke “kemeyan” (scented substance) rolled with corn peel, not tobacco smoking. Another important myth which is exposed in this book is how millions of people are said

to be fed by the tobacco industry; such as the tobacco farmers, tobacco factories worker, small stall seller and even the media industries. The reality showed that the fact is otherwise.

Zumrotin K. Susilo(Senior activist, one of the founder of Indonesian Consumer Foundation)

Principal writer of this book, Mardiyah Chamim, a Tempo Journalist, tried to be honest by writing: “ I worked for the media industry, in which in a small various ways are supported by the tobacco industry ---

although as a public health activist I want tobacco advertisements are totally banned as it is applied in many other countries”. Tobacco issue is an example on how the media should suffer from a “split personality disorder”,

in one side they have to play a role to provide information and educate the public to live a healthy life while on the other hand the tobacco adds in their pages persuade readers to smoke. Tobacco industries both openly

and invisibly lobbied the government, the parliament, judicative body and not to forget the fourth pillar of democratic nation: the media and it's journalist. This book explains it all, its remarkable!

Irwan Julianto(senior Journalist, Kompas Daily)

This book shows how tobacco (cigarette) distribution, which is done by the international and local tobacco industries, has not only harmed people's health but also impoverished the economy of poor households,

destroying the morals of our young generations and taking the independence of our society. This book is an important source for those who care about the future of Indonesia.

Imam Prasodjo(Sociologist, University of Indonesia)

This book hopefully serve the purpose as a reference for policy maker at central and local level, in order to wipe out their hesitation to implement tobacco control measure trough various instruments explained in this book.

This book clearly shown the harm of tobacco smoking on health and various other sector. We also hope this book can be use as a reference for doctors and any other health workers to advocate tobacco control implementation

to the government and community members.Dr. Prijo Sidipratomo, Sp. Rad

(Chief of Indonesian Medical Doctors Association 2009 – 2012)

Mardiyah Chamim, Wahyu Dhyatmika, Farid Gaban, dkk

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Belakang cover depan

“We have the same goal. The same spirit. Indonesian people must be secured and totally being healthy. Unless, we kind of nation will be within five or ten

years to come ?”

The President of Republic of Indonesia, Susilo Bambang Yudhoyono. Delivered on September 29 2011 while welcoming commissioners of National

Commission on Tobacco Control in House of Presidential at Jakarta.

INDONESIAN COPY RIGHTS LAW NO 19 YEAR 2002

Coverage of the copy right law:Article 2:1. Copy right is an exclusive right for creator of the one holding the copy right to announced or copy his/her work,

which automatically received after his/her work is first made without reducing it’s limitations due to the present regulations.

Legal consequences:Article 72:1. To whom intentionally without any right committed such action in article 2 point (1) or article 49 point (1) and

(2) will be sentenced for jail for minimum period of one (1) month and/ or sanction for Rp 1.000.000 (one million rupiah) or for maximum time of seven (7) years and/or sanction of Rp.5000.000.000 (five billions rupiah)

2. To whom intentionally broadcast, displayed, distributed or selling to the public any works of resulting from copy right violation or related right mentioned in the first (1) point of this article will be sentenced for jail for maximum time of five (5) years or sanction for maximum amount of Rp.500.000.000 (five hundred millions rupiah).

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A Giant Pack of LiesAn Indepth Report on The Powerful IndonesiannTobacco Industries

Writers:Mardiyah Chamim, Wahyu Dhyatmika, Felix Lamuri, Alfian Hamzah

Reporters:Jojo Raharjo, Anita Rahman, Parlindungan Sibuea, Bibin Bintariadi.

Editor:Dwi Setyo Irawanto

Research and Photo:Adri Irianto

Design and Layout:Kgs. Muhammad Riduan

Cover Illustration:Kendra Paramita

Published by:KOJI communication in collaboration with TEMPO Institute

Jakarta, December 2011

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Table of Content

Table of Content

n Foreword .....................................................................................................................n Prologue : A SNAPSHOT OF THE WORLD TOBACCO CONTROL

MOVEMENT ...............................................................................................................n Chapter I: I HAVE NOTHING AGAINST TOBACCO .................................n Chapter II: INDONESIA, THE LAST FRONTIER ..........................................n Chapter III: THE LAST GAMBLE FOR TOBACCO INDUSTRIES ................

• Mawarwaty Djamaluddin, No way, Indonesia is not being used by any foreign power ........................................................................

• Laksmiati Hanafiah, Our leaders have been chained ....................n Chapter IV: STORIES ABOUT TOP SECRET DOCUMENTS ........................n Chapter V: THE RELEVANCE OF TOBACCO INDUSTRY'S INTERNAL

DOCUMENTS .............................................................................................................• Alfian Hamzah, Joining forces to rob consumer's right ...............• Mardiyah Chamim, Destroying the young generation .................• Farid Gaban, uncovering the myth behind tobacco industry ....

n Chapter VI: A REALITY CHECK FROM THE FIELD ......................................n Epilogue: DEVIDE ET IMPERA IN THE MILLENNIUM ERA ..............................n Insert : SEVEN MYTH ABOUT TOBACCO CONTROL ....................................n Annexes .......................................................................................................................

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Foreword

Foreword

Writing a book is a precious opportunity for a journalist. Therefore, we are very grateful when we eventually finished this book “Giant Pack of Lies – an Indepth Report of Indonesian Powerful Tobacco Industry”. After almost

two years in process with many obstacles here and there, finally this book – a collaboration between TEMPO Institute and KOJI – take it’s form.

For TEMPO institute, a part of TEMPO Group, facilitating publications of journalistic works is a way for us to contribute in the development of the quality of journalistic works in Indonesia. We consider it as part of an effort to build a better Indonesia.

Writing this book in collaborations with colleagues from KOJI, an enterprise wing of the Indonesian Alliance of Independent Journalist, Jakarta Chapter (AJI Jakarta), is a challenging process. Most of the team members have their own hectics schedule as a journalist in various media, this made the step by step of the book writings went slowly.

However, there is one other important obstacle we have to face other then just arranging schedules. The topic of this book, which is to uncover the strategies applied by the mighty tobacco industry to spread tobacco

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smoking epidemic in the world is not a “sexy” topic for most journalist and activist as well as the the general public in Indonesia. This kind of perception about tobacco control might due to most of them are tobacco smokers themselves who are reluctant to shake their own comfort zone.

One of my colleague, an activist, accused that the topic we wrote in this book is merely a foreign agenda to kill our local tobacco industry, therefore a bigger market will be available for multinational cigarette producers to take over. Even worse, some accused the publication of this book is a kind of prostitution, selling the country’s honor to foreign capitalist. A pointless and emotional accuse, clearly coming from parties who are annoyed because their intention and comfort zone are disturbed.

Our intention is to push forward a more protective tobacco regulations for the public health. Health is our business as a citizen. Accusing that there is a foreign agenda behind this tobacco control issue, is denying our own logical sense and insulting the publics right for health.

Moreover, the present of regulations controlling tobacco’s distribution and consumption will not instantly kill the industry overnight, the rhetoric is just a dramatization launched by the industry for their own vested interest. There are millions of tobacco addicts who will retain the tobacco market, they will not instantly stop smoking due to any tobacco control regulation. Tobacco control effort will only goes as far as preventing the growth of young smokers and protecting the publics right for health and clean air to breath, no one should be forced to breath nicotine smoke.

The hard and unpopular topic of tobacco control pushed us to work harder. We held team meeting for numerous time, discussed and developed the book outline, interviewed various sources, digging data and challenged every assumptions. Is it true the industry will die the next morning if tobacco control regulation will be enacted today? Is it true millions of tobacco farmers will suffer that bad due to the regulation mentioned? Is the tobacco industry in Indonesia so powerful that made this country- not until the enactment 2009 health law-- is officially admitting that nicotine is an addictive substance. If there is an intervention from the industry in the process of public policy making regarding tobacco control regulation, isn’t that a practice of corruption and manipulation of power which sacrificed the public health? We challenged these questions and

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Foreword

assumptions carefully one by one, we also use document analysis of the tobacco industry’s internal documents which is now the property of the US court and digging it’s relevance to the topic.

Our country is a heaven for tobacco industry. The huge population of 240 millions inhabitants is of course a luring market. In addition, we have weak regulations regarding tobacco control such as strong regulation for tobacco advertisements, high taxes or obligation for the cigarette producers to place pictorial labels on the package of their product. Moreover, most of the general public are so permissive and even showing apathy about tobacco issue, they are so use to it and consider cigarette is just another neutral harmless product.

Once in a while there are waves of concern about the harmful impact of tobacco smoking for health. A footage in Youtube showing a two years old chubby cheeked Aldi who seems to enjoy cigarette smoking so much, has raised the public concern on the issue. The same was happening when Noor Tika Hasanah (Tika), a 25 years old girl, a passive smoker died due to lung infection in December 2010. during these time the public concern on the issue of tobacco control is peaked. However, after such hustle is over, nothing much is changed. The tobacco industry is still very powerful, feed by 80 millions addicts all over Indonesia, and some of their owners are still listed as the world’s most wealthy.

The wave of concerns move no further, the government has not yet taking any significant effort to protect the publics from the risk of tobacco smoke exposure, especially for passive smokers such as Tika. It seems from the government and the parliament perspective it is more important to protect the industry’s interest compared to the quality of health of millions of Indonesian children.

Personally, I have nothing against tobacco. I realized I don’t live in vacuum and a sterilized environment. The tobacco industry, tobacco farming, small stall sales and of course millions of tobacco addicts are still very dependent to this commodity. However I have a firm stand; tobacco has to be controlled trough a proportional regulations. It has been to long that this country taking the industry’s side, now it is time to switch side to the public health interest. All the non sense about the nationalism and protection of local industry against multinational interest has to be stopped.

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For those who questioned our motivation to publish this book, I assure you our only motive is out of concern on the lack of protection of our publics health from tobacco hazards. Trough this book, we try to ask our readers to think with sense and sensibility. The pressure to protect the publics health is undeniable. The pressure is escalating in line with the growing perspective and knowledge amongst the public about the important of health.

A colleague of mine , former H.M Sampoerna’s employer once told me about the drama behind the selling of Sampoerna to Phillip Morris, in 2005. The intention to sell Sampoerna went further before the real transaction happened, the reason was Sampoerna already foresaw the dawn of the tobacco industry in the world. This reason made them decide to sold their goose of golden eggs to Phillip Morris and switch their area of investment.

What the Sampoerna had foresaw about the dawn of tobacco industry is undeniable. Some European countries has set target for significant decrease in tobacco consumption in order to protect the quality of their human resources. Thailand and Singapore as neighboring countries has implemented the regulation to place pictorial labels of tobacco smoking hazard to health on cigarette package distributed in their country. Another measure implemented in Australia is to sell cigarette with a plain white package just like selling generic drug, no logo, no attractive picture and colorful package. All of these regulations, although they have raised pro and contra are true signs of the dawn of the tobacco industry. It is only a matter of time. In Sweden they targeted that in 2025, cigarette consumptions in the country will fall down drastically.

Therefore, reading these signs we propose to whomever pointlessly accusing the agenda of tobacco control is steered by foreign interest to divert their energy into more constructive effort in anticipating this phenomena. We can, for example, facilitate tobacco farmers to switch commodity other then tobacco, to support research on the use of tobacco other then for cigarette such as their use as natural pesticide, antibiotic or analgesic.

We have to admit that this book is far from perfect. There are limitations here and there. For example , we cannot get confirmations

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Foreword

from the industry regarding our findings on their internal documents. We have asked them for interview many times (trough phone, e-mail, official letter and even directly asked the tobacco industry high rank executive for an interview --- all are well documented) BAT Indonesia, Phillip Morris Indonesia, Djarum, Gudang Garam, GAPRI and GAPRINDO none were answered. It is a pity, since we also want to present the tobacco industry’s voice to balance the argument. There the industry’s point of view in this book were gathered from their statements in various media regarding this issue and also my interview and Alfian Hamzah’s interview with tobacco industry’s high rank officials in mid 2006.

My thanks to Farid Gaban and Alfian Hamzah who help me for month in digging trough the tobacco industry’s internal documents, and also in writing the related chapter. My thanks to colleagues in KOJI, Wahyu Dhyatmika, Felix Lamuri, Yus Ardyansah, Kiagus M. Riduan, Jojo Raharjo, Anita Rahman, Parlindungan Sibuea and Bibin Bintariadi. And also to Setyo Irawanto who edited the whole draft of this book.

Many thanks also for the Indonesian Tobacco Control Network (ITCN) for their companionship in various discussions. They are: Kartono Mohamad, Widyastuti Soerojo, Hakim Sorimuda Pohan, Tubagus Haryo Kirbiyanto, Tulus Abadi, Geni Achnas, Rika Suwardi, Rohani Budi Prihatin, Setyo Budiantoro, Abdillah Ahsan, Itsnaneni Abbas, Kiki Soewarso, Fuad Baraja, Suminar from the Indonesian Cancer Foundation, Mia Hanafiah from the Indonesian Heart Foundation and Lisda Sundari from the National Commission of Child Protection.

Thanks to the support from Tempo Group, including from Bagja Hidayat, who allowed us to use his work “The missing article in the 2009 health law” as one of our reference. Many thanks to Tempo Institute team: Maya Wuysang, Bram Basuki, Bimo W and Etha Handayani.

My special thanks also for the endorser of this book, who read this book when it’s still a draft and giving their supportive comment about this book: Irwan Julianto, Imam Prasodjo, Zumrotin KS and dr. Priyo Sidi Pratomo.

And at last, I wish policy makers, the related government officials, and the parliament members would read this book. Hopefully this book

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will be able to push forward the implementation of regulations which counted the public health as a priority. Enjoy redaing.

Mardiyah Chamim

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Prologue

The international anti tobacco movement has started from the end of the 19th century in the US. The main arguments of this movement were mostly based on morality ground: tobacco smokes were seen as nuisance for others if smokers happened to

smoke in a closed door room or using public transport. As the result, the state of Washington (not Washington DC), has banned tobacco sales and consumption since 1893.

In 1916, Henry Ford, owner of the Ford car industry, has pushed the movement forward by turning down smokers as employees:

“…We made a study of the effect (of smoking) upon the morals and inefficiency of men in our employ addicted to this habit and found that cigarette smokers were loose in their morals, very apt to be untruthful….”

PrologueA Snapshot of the World

Tobacco Control Movement

By : Dr. Kartono Mohamad

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However, the knowledge of tobacco’s (nicotine) toxicity and addictive nature has been around for much longer time, back in 1829. The first scientific findings to support these facts were reported that year by two German chemical plant specialists, Wilhelm Heinrich Posselt and C.I. Reimann. Later on, in 1887 the first autopsy report on tobacco smoking related death was released. The autopsy was performed on a medical student which dies from a sudden death, the report stated; “the cigarette poison had so destroyed the heart that it was unable to do its duty”.

In 1910, Dr. Charles Pease from New York formed an organization named “Non Smokers Protective League” which demanded the New York City government to ban people from smoking in public places such as the hotel dining room, theater and public transport.

The spirit of anti tobacco movement in the US at that time are widespread, however the tobacco industry do not short in tactic. In the first world war (and also the second) they are giving away cirggarrets and matches (Zippo) to those going into the battlefields. This seems to be harmless lend of hand to ease lonelyness and stress in the battlefield turn out to be a great danger for those lads, they were chained for life by tobacco addiction. “A wave of joy swept through the American Army today...” New York Times wrote. Even worse, in the 1980s, there are no more free cigarettes for the armed forces. The US government has to buy all the Bull Durham products to be given aways to the armed forces in the battlefileds. The smoking habbits epidemic was so bad, even the Times mocking it by saying, “If you wanna free cigarettes, join the army”.

The original concept which labels smokers as man with lack of morality are twisted arround by the tobacco industry into “Finding a cigarette for a wounded soldier was an act of tender generosity in the ‘brotherhood of the front’. Supporting such acts was a matter of patriotism”. Bull Durham amplify his message by a sound tag line, “When our boys light up, the Hun will light out”

The first world war has been the tipping point for the growth of tobacco industry into giant. Ressistance trough anti tobacco movement are still in place, however it was to small to notice compared to the flooding creative advertisement of the tobacco industries. Some universities such as Wellesley College and Bucknell University, still forbid their student

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Prologue

from smoking and turning down future student who smokes or drink. Of course this policy were opposed by young smokers. While in the same hand, the tobacco industries heated the controversies trough their advertisment showing smoking as a symbol for freedom of expression and struggle for breaking concervative rules.

The tobacco industries are surely an expert in riding controversies and and use the most of the advantage of the doubt to fight growing body of evidents showing the danger of tobacco smoking. They are no longer selling tobacco generically as the Bull Durham advertisement (“When our boys light up, the Hun will light out”) but they also made them loyal to a certain brand. In the beggining they did not try to fight the scientific findings about the danger of tobacco smoking, instead they offer a certain pleasure of smoking a certain brand. The Camel advertisement for instance, they use movie stars and even doctors “More doctors smoke Camel than other cigarettes” are one of their famous adds tagline.

In the 20’s parents can not stop their teenagers from smoking. Among teen boys it is a common view to say that you are a sissy if you don’t smoke. While at the same time there are widespread missed belief among teen girls saying “if you wanna be seen as equal to the boys, you should smokes. In this stage the tobacco industries fought anti tobacco movement trough their adds, they are turning and twisting facts for that sake, such as stating “smoking women are prity women” despite a well known magazine, the Buffalo were reporting otherwise “the coarsening effect upon young womanhood through smoking cigarette….are everywhere apparent

The widespread missed belief among teen girls --seeing tobacco smoking as symbol of modernity, freedom and rebellious attitude toward concervative rules or worse a proof of equality to the boys—has made them paying no attention to the fact that tobacco smoking are bad for the health of their skin. They do not quit smoking for that reason, they can always use sophisticated make up to cover it up.

In the 1930’s, scientist are growing interest in research on correlation between tobacco smoking and human fisiology. The Mayo Clinic serial research on the impact of tobacco smoking and human blood circulation is one of the example of such research. Alongside the growing number

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of research, the quality of the research is also improving using a more sophisticated and controlable method. In 1930 an Argentinian scientist, A.H. Roffo, filtrated the tobacco smokes using spectroscope and gave the filtrate to the lab mice. He was later concludes that the substance filtrated from tobacco smokes are carcinogenic.

In this stage the tobacco industries start to fight and undermine reserach findings by attacking the research methodology. They use the advantage of the doubt by stating research and apllication of the substance to mice lab are not sufficient proof for it’s impact projection for humans. The tobacco industries also using the same approach in fighting Hoffman’s report findings on the strong corellation between the increase in cancer prevalence and tobacco consumption in states accross US. The tobacco industries insist in questioning the causal relation between tobacco smoking dan cancer.

Moreover, the tobacco industries try to stop the flooding body of scientific evidence by using a ”seemingly” scientific approach. They pay scientist to conduct research in their favor to oppose the fact that tobacco smoking is dangerous for health.

Chesterfields use Arthur Godfrey, an entertainer hosting a TV programe to conceal a reserach finding conducted by a group of doctors and specialist. The reserach concluded; through their 8 month research amongst Chesterfields smokers who smokes for 20 years, none of them suffer any health problem. Later on, Arthur Godfrey, a loyal Chesterfields smokers died from lung cancer in 1983.

This is then becoming a common practice to fight research with research. The tobacco industries hand in hand sponsoring research trough independent research institute in order to proof that tobacco smoking do not cause lung cancer. Since the findings of the research do not favor their interest, the President of American Tobacco (the US tobacco industry assosiation) announced “that public should be calmed down that there has been no sufficient proof that shows lung cancer is merely caused by tobacco smoking.” It is an announcement of hesitation, since they cannot proof otherwise; that tobacco smoking do not cause lung cancer.

“……Quite the contrary, the

documents show that B&W (Brown and Williamson)

and BAT recognized more than 30 years ago that nicotine is addictive and that tobacco smoke is biologically active

(e.g. carcinogenic)”.-Cigarette Papers-

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Prologue

Refuse to surrender, they hired well known public realtion firm to confront the ever flooding medical strike. One of the strategy offered by the PR firm is to develop their own reserach institution, which then called Tobacco Industry Research Committee (TIRC). The job description of TIRC is to conduct research in order to “wisely answering the challenge of medicine”. TIRC continuously challenge medical finding trough the media in order to nurture controversies, once again the tobacco industries use the benefit of the public doubt to support their weak scientific ground.

Alas. things starts to get ugly for the tobacco industries in the US when their internal documents fall into the hand of a researcher from University of California San Francisco, Glantz. Based on the internal documents, Glantz published a serial article in the US medical Journal, JAMA. Later on he also published a book “Cigarette Papers” which disclosed all the public lies created by the tobacco industries. One of his conclusions is

“……Quite the contrary, the documents show that B&W (Brown and Williamson) and BAT recognized more than 30 years ago that nicotine is addictive and that tobacco smoke is biologically active (e.g. carcinogenic)”.

As the consequence, the federal district judge of Washington DC verdict stated:

“….But what is involved at bottom is not arcane at all: it is a dispute over documents which may reveal that the Brown and Wiliamson tobacco company concealed for decades that it knew its product to be both hazardous and addictive…..”

From all mentioned facts of how tobacco industries operate, it is clear that the tobacco industries will do whatever it takes to fight any tobacco control measure and movement, and among those strategies are:

First, to exploit addicted tobacco smokers to fight control measure based on human right ground. Any tobacco controls measures to prevent smokers from smoking are basically violating the smokers’ right for pleasure. Little do the smokers understand that they were used to fill the tobacco industries tycoon’s pockets. They act like the count Dracula, who use their victims to suck new fresh blood for them each and every time they need it.

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Second, creates and rides the wave of controversies of tobacco smoking impact on health. They capitalized the benefit of public doubt by undermining any scientific medical evidence related to tobacco smoking hazardous impact for health. They will hire their own researcher to do research which will favor the industries stand. As Glantz wrote in his book “Cigarette Papers”

The documents showing lawyers steering scientist away from particular research…..”

Third, manipulate data and facts using the mass media as their vehicle for their own vested interest, just for an example they do not hesitate to exaggerate their contribution for the countries income.

Fourth, disseminate myth that any tobacco control measure will only hit the marginal people worse, such as tobacco farmers, small stall tobacco sales and the cigarettes factories workers etc. Even worse, they propagate that as if all those impacts on marginal people will suddenly happen if any

slightest tobacco control measure were taken today.

Fifth, to bribe politicians who has power over any tobacco control policy formation. Within Indonesian context, the honorary members of the parliament are their targets for bribery action. First, because many of them has weak integrity, secondly they often put personal gain over public interest since their future are often decided by party leader rather then their constituent.

In the Cigarette Century book, it was written: “With growing regulatory concerns in the United States and a declining ability to subvert scientific realities, the American tobacco companies move to expand their international operations. The industry secured powerful governmental support for

“If there are politicians stat-ing that FCTC and tobacco

consumption’s control are capi-talist vested in-terest, honestly speaking, in the contrary those who said so are

the one rode by the capital-ist interest, the

tobacco industry capitalist.”

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Prologue

these efforts. US federal trade representatives, for example, repeating the mantra of open markets, worked assiduously through 1970s and 1980s to expand opportunities for American tobacco companies abroad by attacking high tariffs and bans on tobacco imports”

Of course they will target countries with weak government, corrupt and has no or little regulation regarding tobacco control, like Indonesia. The tobacco industries claws are penetrating so deep into the skin and flesh of Indonesian politicians and government officials resulting Indonesia is the only country in Asia and among Islamic country association (OKI) which do not ratify FCTC, regardless the fact that Indonesian delegation actively engaged in the FCTC formulation.

If there are politicians stating that FCTC and tobacco consumption control are capitalist vested interest, honestly speaking, in the contrary those who said so are the one rode by the capitalist interest, the tobacco industries capitalist. There are 174 from 193 WHO member states already signed the FCTC by mid 2011, including China, Cuba, Russia, Korea and Vietnam. How stupid it is to jump into conclusion that those countries are used by the so called capitalist interest.

The strategies applied by tobacco industries in Indonesia are a lot straighter forward. They do not shame to often demonstrate how our politicians and government officials are easily bought and bribed. In addition, our politicians and government officials position time and again are in favor to the tobacco industries in the ground of tobacco farmers and the tobacco industries themselves are key stakeholders within the discussion of tobacco consumption control.

This stand point is clearly discriminative regarding policy formation for controlling addictive product. Does the government consider alcohol industry owners as key stakeholders when the policy to control alcohol consumption and distribution are formed? Or cannabis farmer in Aceh regarding policy to restrict its consumption? This gap on how our politicians and government stand in other cases of addictive substance control beside tobacco has shown us how powerful is the tobacco industry in bending the moral of our politicians and government officials.

The game of power shown by the tobacco industries are prominent,

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we can see how the policy draft on tobacco control (RPP Tembakau) are frequently being discussed in cross ministerial meeting, but still the approved draft should be “harmonized” by involving the key “stakeholder”, which is the tobacco industry. We are facing the “dilute, delay, and delete” strategy, applied by the tobacco industries way back in the US, we should have learned better by now.

This book “Giant Pack of Lies – The Big Chunk of Lies” written by Mardiyah Chamim and her team also try to disclose how tobacco industries in Indonesia lied, manipulated data and facts using their flooding financial capacity. Seldom has that Indonesian writer had the guts to conceal such hypocrisy. The fight against tobacco addiction for our future generation in Indonesia is a heavy task. In other countries tobacco control movement only need to face the tobacco industries, while in Indonesia we have to fight the tobacco industries, the parliament and the government at once. One thing for sure, the tobacco industries strategies to prevent any tobacco control measure can only be succeeding in countries where the governments are weak and corrupt.

Kartono Mohamad

*) Sources: Allan M. Brandt, The Cigarette Century, Basic Books, New York, 2009. Allan M. Brandt is the Dean of the Graduate School of Arts and Sciences,

Harvard University

1

I Have Nothing Against Tobacco

Chapter I I Have Nothing

Against Tobacco

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Chapter I I Have Nothing

Against Tobacco

”Are you againts tobacco industry?”

”Do you want hundreds thousand of people feed by the tobacco industries such as tobacco farmers and cigarette factory workers loosing their source of income?”

”If we have to close down cigarette factories, what will happen to those marginal people such as the small stall tobacco sales in the intersection?”

”Do you want them to suffer from hunger?”

”Do you want to impoverished our country by trying to made us lost the income from tobacco taxes?”

Those flooding questions often directed to me every time I bring about the topic of tobacco control; questions in which I easily answered by a short: ”No”.

By Mardiyah Chamim

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I have many friends and relatives who are related to tobacco industry. I have friends and relatives who are addicted tobacco smokers (this group are the majority), other friends own tobacco stall, other relatives are cigarettes factory workers in Kediri, East Java. Some of my many friends and relatives are tobacco farmers in many district in East Java such as Kediri, Malang, and Jember (Jawa Timur), Temanggung District in Central Java and in East Lombok District in Lombok.

Having such personal background, how can I be againts tobacco? I clearly am not againts marginal people, it will means some of my friend and relatives will suffer from the death of tobacco industry. I don’t want hundreds thousand cigarette factory workers, tobacco farmers and tobacco sales loosing their source of income. I also realize that I am working for the media industries in which in small various ways are supported by tobacco adds---although as public health activist I do hope the government will support total ban for tobacco advertisement as applied in many other countries.

It is true that I am not a smoker, but, like it or not I am part of a society that already heavily addicted to nicotine. It is highly unlikely that such heavy and widespread addiction could be swept away or stoped

Small stall tobacco sales selling various

brand of cigarette in Kebayoran baru, Jakarta,

Wednesday 28 February 2007.

(TEMPO/ Yosep Arkian)

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instantly, like a magician making a rabbit dissapear trough his hat. Living among tobacco addict is a reality most of us –in some degree--shoud accept, however some control measure over tobacco consumption is needed for a better acceptable reality.

I have to confess that tobacco industry indeed feed so many people, altough I refuse to belief that economic dimention they often play as standing ground is working fairly. Consumer, including the non smokers and the government is the one who should pay the expensive extra cost of tobacco smoking and nicotine hazardous impact. Moreover, the tobacco industries are likely to be manipulative by intentionally do not disclose all the facts about tobacco honestly and openly. Their spotlight and claim only shows the fascinating numbers of 10 million laborforces they absorb starting from tobacco farmers, cigarette rollers, tobacco sales and creative media employers who works for tobacco advertisment. Honestly, this is a questionable claim take some examples such as stall owner and sales and also the creative media workers, it is crystal clear their source of income is not 100% coming from tobacco product. It is a big lies, to claimed that advertising industry, mass media, stall sales only feeds by tobacco industry.

Unfortunately, this hyperbolic claim on labor forces absorbtion is often uncritically swallowed by the government and also the media. The tobacco industry often use this claim as their main weapon to obstruct any policy regulation regarding tobacco consumption. They streer public opinion to the extreem level; as if the regulation are enforced today, the tobacco industry suddenly dies in which the next morning millions of people losing their source of income. This is an exagerate anxiety, simplistic and unrealistic since there are millions addicted smokers in Indonesia, in which will not be able to stop their habbit in an instant pace because of ”legislation draft on control of tobacco product /RUU Pengendalian Produk Tembakau” are enacted.(read chapter III—Gamble of fate, the future of tobacco industry)

Tobacco industries work hard to build such a shining image trough advertisement, sponsorship, and many other CSR (corporate social responsibility) activities. In addition to their claim on their capability to

Tobacco indus-tries work hard to build such a shin-ing image trough

advertisement, sponsorship and many other CSR

(Corporate Social Responsibility)

activities.

6


absorb labor, they build an image as a hero. Tobacco industry the state economic hero trough their contribution in tax and employment – without mentioning the extra expensive health cost and the lost in quality of life that the government and often marginal people has to pay. Moreover, the true faith of those in the bottom of tobacco industry’s pyramid, such as tobacco farmers and cirgarret rollers are never honestly disclosed.

Cigarette roller are abandoned key part of tobacco industry’s chain. This facts conceal trough many research conducted by Faculty of Economic’s Demography Institute, University of Indonesia leads by Sarah Barber and Abdillah Ahsan, which time and over again researching on the economic aspect of tobacco industry. Based on Abdillah research on 2000-2006, tobacco labor workers average monthly income are a lot smaller compared to the income of many other labor working for other industries such as food industry in East Java and Central Java. Tobacco industry labor recieved Rp 452.000 a month, while labor from food industry recieved Rp 547.000 and other labor working for various other industry recieved and avarage sum of Rp 728.000 per month.

The pyramid of tobacco industry is so steep, that only small number of people on the top of the pyramid are the one who enjoys a huge profit generated from this industry. Worse, they earned so much that they are always been in the Forbes list of the world’s wealthiest people such as Rahman Halim (owner of Gudang Garam) and Budi Hartono (owner of Djarum).

7


The Average nominal income per month for labors of various industry, 2000 -2008, in thousand Rupiah

Note* Projection FigureSource : Indonesian statistic of income year 2000 – 2004, Indonesian statistical data 2005 - 2009

2000/22000/32000/42001/12001/22001/32001/42002/12002/22002/32002/42003/12003/22003/32003/42004/12004/22004/32004/42005/12005/22005/32005/42006/12006/22006/32006/42007/12007/22007/32007/42008/1*2008/2*2008/3*2008/4*

223,3247,3246,4283,3283,7290,6319,3348,4384,4324,9329,6384,4451,2443,7431,5505,8492,5502,7541,4505,3632,2744,2610,7802,2

740738,1793,1803,1739,8778,8807,6744,1751,6754,4753,4

265,7323,6315,9353,1380,6384,4401,1453,9504,9483,4

477458,1

535560,7504,3

586609,6584,7613,3620,3667,3799,9812,9894,3922,7

918924,4932,2926,2937,1900,7

870873

889,9886,5

384412,3

420473,6522,9539,6539,1617,1666,4653,6676,3727,7722,3713,9730,8819,1853,2839,9851,8876,6911,6939,4

940982,2993,6954,2957,4876,4906,3938,9

9401097,61106,91109,71106,6

8476,4

7880,274,575,679,676,876,167,269,183,984,379,185,686,380,8

8688,381,594,793,075,189,780,280,485,886,279,983,189,785,586,184,885,0

58,260

58,759,854,353,959,256,557,749,748,752,862,562,2

5961,857,759,963,657,669,479,265,081,774,577,482,891,681,682,985,967,867,968,068,1

Year/Trimester

Tobacco/Cigarette Food All

Industry% of Tobacco

to Food% of Tobacco to

All Industry

RATA-RATA UPAH NOMINAL PER BULAN Buruh Industri Di Bawah Mandor, 2000-2008, Ribuan

Catatan: * : Angka sementara ; Sumber: Statistik Upah 2000-2004, Statistik Indonesia: 2005-2009

2000/22000/32000/42001/12001/22001/32001/42002/12002/22002/32002/42003/12003/22003/32003/42004/12004/22004/32004/42005/12005/22005/32005/42006/12006/22006/32006/42007/12007/22007/32007/42008/1*2008/2*2008/3*2008/4*

223,3247,3246,4283,3283,7290,6319,3348,4384,4324,9329,6384,4451,2443,7431,5505,8492,5502,7541,4505,3632,2744,2610,7802,2

740738,1793,1803,1739,8778,8807,6744,1751,6754,4753,4

265,7323,6315,9353,1380,6384,4401,1453,9504,9483,4

477458,1

535560,7504,3

586609,6584,7613,3620,3667,3799,9812,9894,3922,7

918924,4932,2926,2937,1900,7

870873

889,9886,5

384412,3

420473,6522,9539,6539,1617,1666,4653,6676,3727,7722,3713,9730,8819,1853,2839,9851,8876,6911,6939,4

940982,2993,6954,2957,4876,4906,3938,9

9401097,61106,91109,71106,6

8476,4

7880,274,575,679,676,876,167,269,183,984,379,185,686,380,8

8688,381,594,793,075,189,780,280,485,886,279,983,189,785,586,184,885,0

58,260

58,759,854,353,959,256,557,749,748,752,862,562,2

5961,857,759,963,657,669,479,265,081,774,577,482,891,681,682,985,967,867,968,068,1

Year/Trimester

Tobacco/Cigarette Food All

Industry% of Tobacco

to Food% of Tobacco to

All Industry

RATA-RATA UPAH NOMINAL PER BULAN Buruh Industri Di Bawah Mandor, 2000-2008, Ribuan

Catatan: * : Angka sementara ; Sumber: Statistik Upah 2000-2004, Statistik Indonesia: 2005-2009

Alongside the industry owner, advertising agencies also gain a quite big chunk of the cake. Research show, the top four industry placing their adds in mass media in 2010 consequently are: telecomunication industry (Rp 5,5 trilion),political party activities (Rp 2,9 trilion), social service industry (Rp 2,3 trilion), and tobacco industry (Rp 1,9 trilion).

The prosperous life of the pyramid’s top mean heavy burdens for those in the base. They live a complete opposite life. The factories labor worker and tobacco farmer for instance, they only scratching the left over pennies trickling down from the top of the pyramid. Cigarette rollers who are countinously exposed to the danger of nicotine, each and every day at their workplace, hardly ever has any health benefit from their employer.

Aditya Wardhana, journalist from Voice of Human Right - VHR.Media.com, made a very interesting coverage on November 2008. The tilte of his report is “Nasib Sang Pelinting” (The fate of Cigarette Rollers). Two hundred labor of Pakis Mas cigarette factory in Malang, East Java, should arrive ofn the factory gate at 05.30 am, each morning. They have to wait in a long line

The true fate of those in the bot-tom of tobacco

industry’s pyramid, such as tobacco

farmers and ciga-rette rollers are never honestly

disclosed. They are the abandoned key part of the

Industry’s chain. -Research from

LD -FE UI

8


for the materials they need to roll for the day. This is the first surface of the survival of the fittest among cigarette roller labor. ” We have to wait in line in order to recieve more material to roll later on,” said Ana, a cigarette roller who works there. Those stands the closest to the supervisor’s desk has the bigest chance of recieving more materials.

Pakis Mas factory give each roller aproximately 2.500 cirrgarret to roll per day. The roller recieve Rp 9.000 for every 1.000 cigarrete, it mean rollers like Ana will be paid Rp 135.000 per week or Rp 540.000 per month.

It is below the average regional wage for Malang District, which is Rp 802.000. even worse, roller will only gain this Rp. 540.000 per month only if she works every day, no sick leave are allowed if want to be paid as much.”Nggak kerjo yo nggak bayaran,” said Ruchan, the factory manager in Javanese, means: ”If you don’t show up for work, you will not be paid.” It is that simple, health benefit or insurance, just forget it---- for workers, its just a dream.

How about tobacco farmers? A research done by the Association of Indonesian Public Health Expert (IAKMI) and Demographic Institute of Faculty of Economy, University of Indonesia (LD - FEUI) shows us how dreadful their life is. The research were conducted in 2008, taking place at various location where tobacco are grown in Central Java, East Java and East Lombok. Tobacco farm labor in Kendal, Central Java are paid Rp 15.899 per day or roughly speaking Rp 413.374 per month.This sum is not even half the regional minimum income which is Rp 883.699 per month. “It is only 47%of the regional minimum income,” said Adbdillah Ahsan, researcher from

LD-FEUI.

In Bojonegoro, East Java, tobacco farm labor earn Rp 17.256 per day or more or less Rp 451.656 per month, smaller then the regional minimum income which is Rp 630.000. The same happen for tobacco farm labor in East Lombok, they only gain Rp 13.920 per day or Rp 361.920 per month, less then half of the regional minimum income which is Rp 730.000 per month.

Tobacco farm’s labor in Kendal, central Java are paid Rp.15.889

per day or roughly Rp. 413.374 per

month. This sum is not even half of the regional aver-age income which is Rp. 883.699 per month. “It is only

47% of the re-gional minimum

income,” said Abdillah Ahsan.

9


As like the farm labor, the farm owner also going trough the same dreadful fate. Research by LD-FEUI shows, the production cost of tobacco or so called ”the green gold” reaching Rp 8.386 per square meter for one growing season. The farmers then earn Rp 12.448 for every square meter they planted ”farmers only gain Rp 4.000 per square meter farm land they planted,” said Abdillah.

Let us listen what Anak Kankunk, an Indonesian overseas labor in Malaysia from East Lombok, a former tobacco grower in Kompasiana.com (http://www.ekonomi.kompasiana.com/bisnis/2011/06/06/nasib-petani-tembakau) has to said. “My uncle is a tobacco farmer, but now instead of growing tobacco I have to be an overseas labor here in Malaysia. Maybe it will confuse some of the reader, why a farmer like me has to gone oversea and quit growing tobacco.”

In the last two growing season, in 2009 and 2010, according to Anak Kankunk, most of tobacco farmers in East Lombok suffer a huge lost. There are two reason for the lost: (1) the fuel price peaked high and (2) natural factors such as extrem weather , made tobacco can not grow optimally. “ These factors made my uncle and many other tobacco farmer who suffer gross losses has to flight overseas for a living, isn’t it ironic?.”

Prawiro, (65 yrs) checking his tobacco plants in his farm, in Kemiri village, Mojosongo, Boyolali District. Sunday (16/5/2010) Kompas/Iwan Setiyawan.

10


In addition, Anak Kakunk wrote “Me and my brother are trying to find any farm comodity which we can plant back home and more suitable to it’s weather and land condition other then tobacco.”

The changing weather is a big problem for tobacco grower, since the quality of the tobacco leaf are highly dependent to the weather condition. The tobacco industry will only buy the tobacco leaf for high price if the water contain of leaf fullfil a certain degree of level. Grade A for the

199019911992199319941995199619971998199920002001200220032004200520062007

YEAR156.432140.283111.655121.370130.134140.169151.025209.626105.580135.384204.329199.103192.082200.875165.108153.470146.265164.851

Total Production

Indonesian Tobacco Production in ton in the year of 1990 – 2007

Source : Tree Crop Estate Statistic of Indonesia 2007-2009: Tobacco. 2008.

11


best quality and grade D as the lowest. The tobacco leaf price spread widely, ranging from Rp 40.000 for grade A and only Rp 4.000 for grade D. Imagine how ghastly it is for the farmers, if only big and countinous rain pouring over their tobacco plant just before harvest time. The price of ”the green gold” will hit record low.

Tobacco farmers always been anxious every harvest time, they will never know much they will earn for every cost they have planted in their land. The grading standard is fully within the colector’s hand, farmers have no say of it. Totok, a tobacco farmer in Central Java said “During harvest time like this, collectors priced our tobacco as they pleased.”

Moreover, he add bitterly, “We grow our tobacco from loan money. It is government’s responsibility to control tobacco price not

12


collectors.” Totok added ” If there are any company who are violating the government standard price, the government should take action by closing their ware house.” ”Why this is not happening?Is the government affraid of the tobacco colectors?” Totok said in frustration.

Tobacco farmers like Totok stand in the weakest position. They are chained in a vicious circle. It is a common practice that

production cost for tobacco growing are coming from loan, or otherwise from selling family possesion. While in the other

hand, the tobacco harvest and price are highly fluctuated either caused by extreem weather or collector’s dirty play.

For most farmers, the assurance that their harvest will be bought by collectors are a matter

of life and death. That is why, they are easily mobilized for protest in front of the parliament building in Senayan, Jakarta, opposing the drafted regulation on control over

tobacco product (RUU Pengendalian Produk Tembakau). “We even has to pay, Rp 150.000 transportation cost for coming to this demonstration venue, otherwise no collectors will buy our

tobacco,” said Totok when I interviewed him during the protest in Senayan, Jakarta, mid July 2011.

Indonesia’s tobacco production, honestly speaking, have not meet the growing local demand. Our domestic production aproximately 160.000 -190.000 ton per year, while in the other hand the domestic industries demand reaching 220.000 ton per year. To fill the gap, the tobacco industry take a short cut by importing tobacco instead of improving incentive for farmers to extent their local production. Central Beureu of Statistic (BPS) shows increasing trend in tobacco import value,

13


during Januari until April 2011 it reach US$ 10,09 million. This sum tripled (267 %) compare to the same periode in 2010.

The claim that tobacco industry support our economy even more questionable, if we look at the health cost the government and society have to pay. In 2010, the state revenue from tobacco sin tax reaching Rp 62 trilion, but those are taxes paid by consumer, cigarette smokers not the industry. Worse, underneath the tangible cost of tobacco sin taxs there are priceless cost the society should pay. Tobacco related deseases kill thousand of Indonesian annually while some other are loosing their qualitry of life and productivity caused by tobacco smoking. On top of that, 43 million children exposed to tobacco smoke in their own home, the place where they should recieve their right for protection and health. “The money generated from tobacco consumer tax is incomparable to the huge hidden cost which the public should pay in return for loosing their health, productivity even loosing their life.” said Tulus Abadi, from Indonesian Consumer Association/ Yayasan Lembaga Konsumen Indonesia (YLKI).

Yes, it is true that I am not all againts tobacco, however I do have a firm ground to oppose tobacco smoking and how the tobacco industries work. I do think that proportional regulation and control over tobacco smoking are important. The government should evaluate the agressive marketing of cigarette as if tobacco is as harmless as chocolate, even for children. Proper regulation should be put in palce in which will place public interest over the industries’ interest.

What happening in Indonesia nowadays are much alike what happened in the US during the 1930s. Tobacco smoking in public place are common scenary. Movie scene, TV serries even the doctors’ association office provide ash tray. At that decade, Camel, a cigarette brand proudly present it’s famous add tag line “More doctors smoke Camel than other cigarettes”. We can hardly find any anti tobacco smoking movement which againts tobacco smoking in public place to protect public right for clean air.

The money gener-ated from tobacco consumer tax is in-comparable to the huge hidden cost the public should pay in return for

losing their health, productivity and

even their life –Tu-lus Abadi,YLKI

14


As time goes by, in early 1970s, Peter Hanauer a lawyer from Berkeley initiate a legal movement which is the turning point for movement to fight againts tobacco smoking in public places in the US. Hanauer and few of his friend who are deeply worried on how public right for clean air are taken away worked together to push policy change within Berkeley City Council. After four years of hard works, finally the city council ban tobacco smoking in public spaces.

Stanton Glantz wrote in his book “Tobacco War, Inside California Battles”, in 2000, the most valuable lesson Hanauer learned trough his action is the importance of public participation among the grass root level, those who are directly exposed to the hazardous tobacco smoke. “After my years in the field, I conclude that we can fight the tobacco industries in local level because they cannot beat us, grass root organizaton who has ears, neighbours and friends within the city council,” said Hanauer.

The tobacco industry does have powerful loby. Kessler, aformer commisioner for Food and Drug Administration (FDA), wrote about how close the relationship between tobacco industry and the government:

Cigarette billboard in

front of School of Harapan Ibu Foundation, H.

Banan street, Pondok Pinang,

Kebayoran Lama, Jakarta

(TEMPO/ Arnold Simanjuntak)

15


“In the early days when FDA first released our investegation about tobacco industries, we’don’t have any slightless idea how powerful the forces behind the tobacco industry. Soon we realized that tobacco industries are untouchable for years. The hired the best law firm in the country to streer away politicians which has significant vote within the congress. Tobacco industry also own access to respectable public figures some to mention are Prime Minister Margaret Thatcher and Senator Howard Baker.”

In Indonesia the similar story also happening. A Kompas journalist, Wisnu Nugroho, who often cover stories within the presidential palace wrote in his book “Pak Beye dan Istananya”, (Mister Yudhoyono and his palace) that there is a luxurious car Rolls Royce with 234 license number often enter the presidential palace. Whose car is it? Wisnu guess that the luxurious roll royce is Budi Sampoerna’s. Since, 234 or Dji-Sam-Soe is one of the famous cigarette brand own by Sampoerna. According to Wisnu, after the close relationship between Susilo Bambang Yudhoyono and Boedi Sampoerna are often brought up within the discussion about Corruption case of Century Bank. The 234 never shows up arround the presidential palace.

The close relationship between governtment officials and the tobacco industries also concealed in one of the internal document of the British American Tobacco. Within the document, the BAT one of the BAT executive called the Tax and Custom Directorate, Ministry of finance Republic of Indonesia as tochtergesellescharft, a German word means wing of bussiness.

The powerful loby and close realtionship between the tobacco industry and important actors within powers is an everflooding stories to tell. This true stories are some that inspire “The Insider” and “Thank You for Smoking”. Therefore, people such as Hanauer take initiatives, being up front to push politicians to vote for policy that will protect the public more then the tobacco industry.

Public, especially children are easily persuaded ton consume tobacco

“Honestly, I don’t want my own chil-

dren smokes at their early ages.” Deradjat

Kusumanegara, (Manager for tax and government regula-

tion, Philip Morris Indonesia)

16


trough aggressive marketing the industries have been doing. Therefore, they have to be protected. If the adult choose to chain themselves into nicotine addiction, that is their own problem. I don’t care if adult smoke cigarettee as many as they wish, however I do want them to consider other people rights to breathe fresh and healthy air.

The center of attention should be to prevent younger generation, children and teenagers from smoking. They should not be bombarded by aggressive advertisement and marketing which will let them to hold a missed belief that smoking is cool. Deradjat Kusumanegara, Philip Morris Indonesia’s manager for consumer tax and government regulation, said in 2006 that he is also worried by the increasing number of young smokers in Indonesia. “Honestly, I don’t want my own children smokes at their early ages.”

Drajat voice has to be seen as a father’s concern, not as an important decision maker of a giant tobacco industry. Since in reality, so as what Philip Morris Indonesia has done—are poles away from preventing children from smoking. Just like alcohols industries, the tobacco industries should keep them self in low profile. They should realize that they are selling an addictive poison, not a harmless product; therefore everyone consuming it will have to pay extra taxes, sin tax. In relation to control consumption of such addictive substance the government should apply a lot higher tax for tobacco product compare to harmless other product such as detergent or chocolate candies.

It is easy for us to observe how aggressive the tobacco marketing are; TV, Radio, Giant Billboard in every corner, poster, movies, music and sporting event sponsorship are packed with messages on how cool smoking is.

Targeting the youngster also is a strategic approach to ensure market sustainability. Adult smokers usually already found their favorite brand and stick with it, or otherwise these senior smokers are already quitting, ill or died caused by tobacco related diseases. They are not at all an interesting target for advertisement.

Almost in all events targeting young audience we can witness the presence of tobacco advertisement. The adds packages are usually very

17


attractive, because their tag line usually created by respectable advertising agencies. Their tag line stick. Unconsciously public often mums them; “Maybe Yes, Maybe No”, “How Low Can You Go”, “Nggak ada loe nggak rame....(it is not groovie without you”), “Hati-Hati Polisi Tidur, Enjoy Aja”, “Berani Tampil Apa Adanya Walau Di Depan Calon Mertua (”dare to show the real you, event in front of your in laws)”, and many other.

The tobacco industry shows their other strategy during national big days and religious activities, wearing the mask of CSR (corporate social responsibility) as their promotion vehicle. They race to present clean image; they aired advertisement showing the image of the national flags, telling people to forgive each other, giving away scholarships, call people to plant trees and many other noble images. Their right hand offers help trough their CSR while the other hand selling poison.

The health warning about tobacco smocking is there in every cigarettete advertisement, but hey it is always within a blink of eyes at the end of the scene. Even worse the warning box is twisted into a kind of branding them self. The box represents how cool the product is.

The air are packed with tobacco advertisement, however we hardly feel suffocated. I am once part of those happy crowd, happy go lucky, singing and humming tobacco adds jingle tag line. There was once, where I don’t mind my college friends working on sponsorship proposals for tobacco industry for college event. They are so noble, providing support for our creative need, why should we missed it.

Until in the beggining of 2005, after helping friends during post tsunami in Aceh, I made a proposal for an organization under a multinational agency. The foundation are more wthen willing to help, in one condition, there should be no tobacco sponsorship iwhat so ever. “we don’t want to be count ressponsible for spreading global tobacco addiction epidemy, especially among the youngster,” said the lady from that foundation.

Ouch...!

I felt like I have been pinched and slapped in the face. A journalist like me, the one who should take care the public interest, the one who should working on improving the society’s productivity of course I don’t want

18


to be count responsible for spreading such dangerous epidemy. Later on, I realized that tobacco smocking is already count as global epidemy or in other word a Pandemy. Hmmmm...it is that serious, the problem of nicotine addiction in at global level esspecially in Indonesia.

What the lady from that foundation has said to me made me be more critical to tobacco. Later on, I was introduced to Jaringan Pengendalian Tembakau di Indonesia (Indonesia Tobacco Control Network - ITCN) and Tobacco Control Support Center (TCSC) in Indonesia.

In my opinion, people in Indonesia often miss undertand the presence of these advocation group who actually are working to protect public interest from tobacco marketing aggresivity. I will elaborate on this topic further in the Epilog: Devide et Impera within the Milenium Age.n

19

Indonesia, The Last Frontier

Chapter II Indonesia,

The Last Frontier

20


21


The creamy cake of tobacco industries in Indonesia is very tasty. In the 1970s, Indonesia’s cigarette production was approximately 30 billion units. Back then, the market dominated by small and middle sized local players such as Retjo Pentung, Pakis Mas,

beside giant players such as Bentoel, Gudang Garam, and Djarum. Three decades later, in 2009 cigarette production reaching 240 billion units, a lightning speed growth of 800%, involving both local and multinational players. Who said that Indonesia is not an interesting market for tobacco industry?

While in the same time, it is the dawn of tobacco Industry in developed countries. Tobacco industries within those countries suffer oppositions from every angle. Analyst from the City Group wrote in www.guardian.co.uk/business/marketforceslive/2011/jan/07/imperial-bat-smoking-disappear, they predict that the tobacco industry will hit record low in 30-50 years ahead. “It is difficult to deny the data available in the last 50

Chapter IIIndonesia,

The Last Frontier

22


Cigarette Market in Indonesia in 2008 and 2009

0

500

1000

1500

2000

Penerbitan 975 503 1236 1115 410

Pembekuan 0 0 100 563 443

Pencabutan 41 103 264 644 1801

2004 2005 2006 2007 2008

TAHUN

JUM

LAH

Jumlah Perusahaan Baru, Pembekuan Dan Pencabutan Ijin Usaha, 2004-2008

BAT Indonesia, 2.0 %

Bentoel, 6.0 %

Nojorono, 6.7 %

Djarum, 19.4 %

HMSP/PMI, 29.0 %Lainnya, 15.8 %

Gudang Garam, 21.1 %


Bentoel, 5.7 %

Nojorono, 6.4 %

Djarum, 19.4 %

HMSP/PMI, 29.5 %

Lainnya, 15.6 %


2008, 1st Trimester 2009, 1st Trimester

Pangsa Pasar Menurut Industri Rokok, 2008 dan 20090

500

1000

1500

2000

Penerbitan 975 503 1236 1115 410

Pembekuan 0 0 100 563 443

Pencabutan 41 103 264 644 1801

2004 2005 2006 2007 2008

TAHUN

JUM

LAH

Jumlah Perusahaan Baru, Pembekuan Dan Pencabutan Ijin Usaha, 2004-2008


Bentoel, 6.0 %

Nojorono, 6.7 %

Djarum, 19.4 %

HMSP/PMI, 29.0 %Lainnya, 15.8 %



Bentoel, 5.7 %

Nojorono, 6.4 %

Djarum, 19.4 %

HMSP/PMI, 29.5 %

Lainnya, 15.6 %


2008, 1st Trimester 2009, 1st Trimester

Pangsa Pasar Menurut Industri Rokok, 2008 dan 2009

Source : Neraca Newspaper, 29 June 2009

23


years.” The data shows, within the half century, the tobacco production in developed countries are decreasing.”

The increasing awareness on health and disease prevention is the most prominent cause for the decreasing tobacco consumption. In addition, government regu lations over tobacco consumption also cornered tobacco industries in these developed countries. In Canada for instance, cigarette package has to display pictorial warning and it has to be as big as 75% of the package. The European Union and Australia are working on regulation to shove cigarette package into plain generic so it will not attract smokers. Further, in the beginning of 2011, Finland has released regulation dedicated to end smoking for the whole country in 2040.

Based on the data about decreasing tobacco consumption and increasing regulation on tobacco consumption in various developed countries, the Citygroup financial team concluded; “We don’t know

53,462,2 63,1 65,6

65,9

1,7 1,3 4,5 5,2 4,2

2731,5

34,4 34,234,7

0

10

20

30

40

50

1995 2001 2004 2007 2010

% p

revl

ensi

adu

lt sm

oker

s

Male Female Total

Prevalence of Indonesian Adult Smokers,1995, 2001, 2004, 2007, 2010

Sumber: Koran Neraca, 29 Juni 2009

Indonesia with it’s 240 millions inhabitants and of course weak

regulations, government

and parliament members who have not paying enough

attention toward public health issue

made Indonesia be an easy target.

Kartono Mohamad

24


what actually will happen in the future, however we are very much sure of scenario, that there will be no more smokers in the UK and various other developed countries within 30-50 years ahead.”

This conclusion might not be a new thing for the tobacco industries, since they also owned powerful data and research. I think that is the reason behind their aggressive expansion to the third world countries such as Cina, Rusia, India, and Indonesia. The huge population and loose and easily to bend regulations are a perfect combination for the tobacco Industries to grow.

Indonesia with its 240 million inhabitants and of course weak regulations, government and parliament members who have not paying enough attention toward public health issues is an easy target. “Indonesia is the last frontier, for tobacco industries,” said Dr. Widyastuti Soerojo, a public health practitioner. Since the 1980s and 1990s, many multinational tobacco industries come to Indonesia. The weak regulation opened the

0.60.4

1.7 1.91.7

9 9.512.6

1617.5

54.658.9

63.7

50.7

43.5

25.8 23.9

17.2

19

14.6

6.3 4.8

3.1

5.54.3

3.8

2.61.8

6.9

3.9

0

10

20

30

40

50

60

70

% A

ge S

tarti

ng S

mok

ing

5-9 th 10-14 th 15-19 th 20 - 24 th 25 - 29 th >30 th

1995 2001 2004 2007 2010

The age for initial smoking in IndonesiaYear 1995, 2001, 2004, 2007, 2010

25


opportunity for aggressive marketing. Moreover, the consumer tax is a lot cheaper compared to the same tax applied in other countries. It is only 37% compare to 75% in Thailand, and 63% in Bangladesh. It made the industries able to sell it in cheap price; therefore it is easy to access.

No wonder that smokers population in Indonesia keep growing annually. In 1995,only 27% of Indonesian are nicotine addict, while 15 years later the 2010 Country Basic Health Research done by the ministry of health shows around 80 million Indonesian or 34% Indonesian are tobacco addict. It means 1 out of 3 Indonesian are tobacco smokers. This huge population of smokers ranked the third in the world just after China and India.

Indonesia Basic Health Research 2010 also found, 60% of Indonesian man above 15 years of age are tobacco smokers or in another word, two third of Indonesian male inhabitant are smoker. Every Indonesian smokers smoke an average of 3000 cigarette per year, if we do the simple math meaning 240 billion cigarettes are produce to meet the need of 80 million smokers per year.

This fantastic number of smokers will not making me worry only if tobacco is a harmless product. In the contrary, it demands huge health cost which burden smokers and the society at large. Therefore we need to push any regulation to control tobacco consumption and we should be anxious reading the aggressive road map of the tobacco industry, targeting 240 billion cigarettes per year in 20 2010-2015.

Considering all the facts and figures, I demand tobacco consumption to be regulated and controlled based on reasons mentioned bellow:

The increasing number of young smokers Aldi Rizal Suganda, 3, 5 years old shocked the world trough his video

in YouTube. A year ago, when he was only 2, 5 years old this chubby cheeked boy from Musi Banyuasin, South Sumatra was taped enjoying himself smoking a cigarette. He act just like an adult, he inhale the smoke deeply and let it go slowly afterward. He seems to enjoy it very much.

A few minute later the scene changed, picturing Aldi in a tantrum, he is furiously banging his head to the wall. He was running out of cigarette.

26


It is sad to witness; a boy in such young age as Aldi is able to consume three to four pack of cigarette per day. “He started smoking when he was 11 month old, his favorite brand is Sampoerna’” said Diana, Aldy’s mom. Diana used to take Aldy to the market while she was working in her stall, there was where the baby started to know cigarette. Little Aldy always excited when he played with cigarette package, “there was one time, somebody actually light him a cigarette, Aldy smokes it and he was smoking it ever since.” Diana added “He will be furious if we running out of cigarette.”

The footage of 2,5 years boy Aldy, taped by Ardilles, a freelance journalist from ABC News network has shocked the world, Aldy’s story was a heated discussion object locally and internationally. Strangely enough,

Diana do not feel worry of Aldy’s dangerous habit. When I interviewed her on 2010, Diana confessed during her pregnancy with Aldy she also smokes. “I was craving for cigarette,” she said, “It is the complete opposite when I carry his brother, it was normal, i crave for young sour mango.”

Aldy’s habit of cigarette smoking is a hard piece of evidence that this country is not serious in their attempt to protect our children from the global nicotine addiction epidemic. I met Aldy in 2010, he was taken to the office of the national commission for child protection in Pasar Rebo, for psychological and physical rehabilitation in Cipto Mangunkusumo Hospital (RSCM), Jakarta.

Lisda Sundari, a staff from the national commission for child protection (Komnas Anak) explained; ”During the first week of therapy, Aldy is full of anger and hyperactive, rolling arround in the ground and get a tantrum is a common scenery.” After one week of intensive therapy trough soccer play, hide and seek, swimming and many other activities slowly but sure his anger resides. “However, he still furious if he saw people smokes tobacco,” said Lisda. After one month therapy, Aldy went back to his hometown in Musi Banyuasin, South Sumatra.

Latest development based on video footage from Vanguard.com, on July 2011, Aldi has changed. Now he just like any other 3,5 years boy, with

“The unofficial target market is 14 years and up, but officially it is 18 years and up.”

Masli, Foemer marketing staff of Philip Morris

Indonesia.

27


abundant energy and need for attention After the rehabilitation, Aldy cutely asked Vanguard reporter team, “Don’t smoke ok...!”

Based on Komnas anak, there was no less than 11 children under five years old who are smoker. They are coming from various area in Indonesia, however there is one consistent pattern; “They come from family of smokers. Every day they watch and learn people smoke and most often their family do not see it as abnormality,” said Lisa

Just like that, families and the society also take part in bombarding our children with smoking habit. There are fathers, uncles, aunties and friends who enjoyed them self smoking in front of the child, creating a false image the child soon imitate. This is the meanest way of recruiting young smoker, when the one who supposed to protect them is the one who drag them into addiction.

It is true that tobacco smoking once is part of Indonesian daily life. In villages all around the country, men are rolling tobacco using corn leaf or klobot. Sometimes the children-- openly or most often secretly—smoking the tobacco their father has rolled.

A child smokes cigarette in a bus in Kampung Melayu, Jakarta (TEMPO/ Tony Hartawan)

28


Regardless of this so called “tradition”, sadly enough the socio economic survey of the national statistical body showed a depressing figure. The percentage of young smokers age 5-9 years is increasing sharply from 0,4% into 1,8%, within only five years from 2001-2004. “It is almost five time increase,” said Hakim Sorimuda Pohan, a medical doctor who is also member of the IX commission of the parliament for 2004-2009 periods.

The Global Youth Tobacco Survey (GYTS) research conducted by the WHO in 2006 also found the similar fact. Indonesia has 24,5 % boy and 2,3 % girl age 13 to15 years who are tobacco smokers. Worse, 3,2 % of

those children are already fall into ”addicted” category.

“The quality of life of our future generation is at stake if we let the increasing trend of young smokers’ continue.” said Hakim Sorimuda Pohan.

The children is not always been a passive object of this global nicotine addiction epidemic. During the Indonesian Children Congress in 2010, these children reach an agreement to pressure the government to protect them from tobacco hazard. Sadly, this action was averted by the adult. In 2010, by a vague reason this children were asked not to read their treaty in front of Mr.President, Susilo Bambang Yudhoyono. “We are suspicious that the reason behind the aversion of reading the children congress treaty in front of the president is because they wrote, that they demand the government to protect them from tobacco smoke and advertisement exposure.” said Arist Merdeka Sirait from Komnas Anak.

In July 2011, these children gather once again in the 10th Children Congress. This time, they try to voice their anxiety over nicotine exposure yet again. In this occasion, they have the opportunity to read their treaty, however it was not on the grand closing venue in front of the president and the vice president in Ancol. “It best for parent not to smoke inside the house, it makes us coughing,” said a delegation .in the children congress reading the Indonesian Children Treaty on National Children Day ceremony in Taman Monumen Nasional, Saturday, July 23rd, 2011.

“With 240 billions unit of cigarette production annually, it

means every smokers in

Indonesia smoke approximately

4.000 units annually.” The

Ministry of Health Research

2010

29


Children’s voice are the most crucial demand, their voice are the voice of our future. They are the true owner of this country. They demand parent, the government to do their responsibility to protect children, the future asset of this country. “We have to pay more attention to the quality of our future asset, our children,” said Dr. Mawarwaty Djamaludin. former Chief Secretary of the Drug and Food Surveillance Body (badan POM) which also the member of Indonesian delegation during the development of Framework Convention on Tobacco Control in WHO, in 1995-2003. “If our government refused to pay attention to the health of our children, our future asset, what can we expect more as a nation?” said Mawarwaty sadly.

Slow Motion Suicide Monday, August 8th 2011, Boedi Sampoerna, a member of HM

Sampoerna family, former owner of tobacco bussiness kingdom PT Hanjaya Mandala Sampoerna, died at the age 78 years old.Erman Achmad Sulaeman, their lawyer stated, Boedi has been suffering from orofariangeal cancer or cancer of the mouth and throat for the last one year. (www.tempointeraktif.com/hg/bisn is/2011/08/09/brk ,20110809-350805,id.html).

When he was still alive, Boedi known as a moderate smoker, he consumed a pack of cigarette per day. This smoking habit of his is most likely to cause his cancer. What an Ironic life, the owner of a tobacco company has to end his life by a disease caused by hazardous exposure of his own product, cigarette.

Boedi is not the only one, there are many other tragic stories regarding tobacco icons. It is Wayne McLaren, the coolest horse riding cow boy of the 1970s. His handsome face and

30


posture are everywhere around the world in the Marlboro advertisement and poster for almost 25 years, Mr.Cowboy smoking his lung with 1,5 pack of Marlboro Cigarette per day. In 1990, doctor stated that he got lung cancer. He took chemotherapy, radiation event a dissection of his lung to prevent the cancer from spreading.

The unfolding story of McLaren’s cancer has made Philip Morris released a statement that Mr.Cowboy is never been their product’s icon. This denial cannot stand for long, since there are billboard all over the country picturing McLaren as Marlboro icon.

During his sickness, Mr.Cowboy changed his direction, from tobacco promoters into tobacco control activist. He showed up in the Philip Morris Co’s share holder general meeting, in 1991, demand for the Marlboro producer to reduce their aggressive advertisement’s.. The sick cowboy

also presented himself in front of the parliament in the state of Texas. He demanded for higher taxes for tobacco product and allocate the generated fund for health education.

A year later in July1992, Mr. Cowboy, who use to be an icon of machoism was no longer able to fight his cancer. He die, his cancer already spread to his brain and killed him. He is only 52 years old when he died, that was a young age for an American actor. As told by his mother, McLaren whisper his last word, “Take care of your children. Tobacco will kill you, and I am a living proof of it.”

Mc.laren is indeed a living proof of the dangerous impact of nicotine. It is not exaggerating when Joseph Califano, former executive from the US Ministry of Health, Education and Welfare stated tobacco smoking is a slow motion suicide..

This deadly lifestyle has a long history, far back before McLaren become the star of Marlboro Man advertisement. Ancient Indian Tribes inhale nicotine as medicine and also use it as mosquito repellent. In the contrast to it’s ancient use, in this modern age people smoke tobacco for the sake of lifestyle. The hazardous impact of the nicotine use in this

31


modern age also exacerbated by the intensive smoking and complexity of the cigarette ingredients.

Reader’s Digest, a famous health magazine wrote an article “Cancer by the Carton” in 1952. The article correlates tobacco smoking habit and lung cancer, at that time the public is still mesmerized by the image of Mr.Macho the Cowboy. Movies and TV series are full of images picturing people smoking. The Reader’s Digest’s article opened the public eyes, it shocked the tobacco industries. Tobacco sales in the US drastically fell down like never before since the great depression in 1930.

One year after the controversial article, executives from tobacco giants secretly met in New York City. They came in agreement to fix their rotten image and simultaneously published an opposing article in 448 US news papers all at one. That article titled “A Frank Statement to Cigarette Smokers”.

Working hand in hand with reputable advertising agency, Hill & Knowlton, the tobacco giant try to convinced the public that, they have no intention what so ever to harm their consumer. “We count the public health as our greatest responsibility above any business interest,” as it was stated in the article. The tobacco industries also commit them self ”is

Budi Sampoerna, Former owner of HM. Sampoerna who died because of oropharingeal cancer (the cancer of mouth and throat).

32


already and always will cooperate with any stakeholders working for the public health interest.”

The ”wiping out the dirt” article are successfully convinced the public. Based on Kelly D Brownell and Kenneth Warner, research “The Perils of Ignoring History: Big Tobacco Played Dirty and Millions Died. How Similar Is Big Food?” published in the Millbank Quarterly (Volume 87/2009). The duet researcher from Yale University and University of Michigan found that the article are able to increase tobacco consumption once again. The

33


public felt safe and there is nothing to worry about. There are no health risk, if there are some risk the tobacco industries has worked so hard alongside many other institution to guard the public health interest.

Decades later, in 1994, the US congress called tobacco industries executive to explain nicotine addiction. Just like in “The Inside” a movie starring Al Pacino, this top executive insisting under oath that nicotine is not an addictive substance, regardless hundreds of research saying otherwise. The most difficult allegation to proof by the congress at that time is, the intentional manipulation by tobacco industries to use nicotine for developing cigarette addiction.

Later on, the whole world came into realization that all stories told by the tobacco industry were just lies. In 1998, after their internal memo were concealed to the public, they cannot hide the fact they are fully understood for more then quarter of century ago the addictive nature of their product, but still they insisted under oath In front of the congress that they are not selling an addictive substance. In a document dated 1963, the executive of the famous tobacco giant Brown & Williamson stated: “We are, then, in the business of selling nicotine, an addictive drug.” This document stamped as “strictly private and confidential”.

Brownell and Warner in their paper “The Perils of Ignoring History: Big Tobacco Played Dirty and Millions Died”, express their disappointment

“Take care of your children. Tobacco will kill you, and I am a living proof

of it.”

Wayne McLaren, Marlboro Man.

Wayne Mc. Laren, one of the famous Marlboro man in the 1970’s, he died due to lung cancer.

34


womendeveloping countries

0.3 million

womenindustrialised countries

0.5 million

Total deathsPremature deaths

from tobaccoworldwide

2000

total deaths4.2 million

men3.4 million

women0.8 million

mendeveloping countries

1.8 million

menindustrialised countries

1.6 million

Deaths

Past and futureAnnual deaths due to tobaccoestimated worldwide1950–2030 projected

industrialised countries developing countries

20001975

19501950

1975

2000

2025to

20300.3

million

1.3million

2.1million

3million

projected

0.2million

negligible

2.1million

7million

projected

2025to

2030

Cigarettes kill half of all lifetime

users. Half die in middle age – between

35 and 69 years old.

35


as percentage of total deathsamong men and women over 352000 regional estimates

over 25%

20% – 24%

15% – 19%

5% – 9%

10% – 14%

under 5%

Dying in your primemore than 25% of35 – 69 year oldsliving above these lineswill die from tobacco use

Deaths from tobacco use

36


of the manipulative action of the tobacco industries. Only if they are more honest about the addictive nature of their product, the public will realized its hazardous impact sooner, we can do more to prevent tobacco smoking related death in the US. Even Wayne McLaren might not want to be a star or tobacco advertisement. Counting back 50 years ago, when when the tobacco industries’ article “A Frank Statement to Cigarette Smokers” were published there are approximately 16 million death related to tobacco smoking in the US alone. If the industry kept their promise to work closely with public health stake holders, “There will be three or may be five or seven million death averted, no one knows the exact figure,” Brownell and Warner wrote.

If only the industries were more honest 50 years ago, it can change the face of the world. We might not be under the claws of nicotine addiction pandemic if the US government pays more attention in tobacco restriction effort, including proofing the statements claimed by the industries in “A Frank Statement to Cigarette Smokers”. But it is impossible to turn back time, what we saw today is the spreading pandemic of

1.71

42.19 48.8666.42 87.6

152.87 142.20

301.08

341.40

439.90

706.10

2.12 2.65 4.06 7.45 10.11 18.3 26.4 32.65 42.48

1990

0

100

200

300

400

500

600

700

800

1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008

Tobacco Tax Revenue Total Government Revenue

Source : State Budget Note 1990-2007 and Custom and Excise 2009

Tobacco Excise Tax Revenue In Indonesia From 1990 - 2008 (In Rp. Billion)

37


nicotine addiction all over the world, including Indonesia. The world has to witness how powerful cigarette is, as an addictive product. Smoking a cigarette containing nicotine and another 4000 chemical substance within it, including 250 substances categorized as dangerous and 50 suspected as carcinogenic---is truly a deadly lifestyle.

In Indonesia there about 427.948 life claimed annually by smoking related diseases annually, such as various type of cancer, lung diseases, heart attack, congenital anomalies, asthma attack and many other said Soewarta Kosen, public health specialist. Putting it in another word, it is 1.172 deaths every day or almost 50 deaths per hour, what a depressing figure.

In addition, smoking not only claimed life, it is also draining your pocket and saving. Analysis about “The Economy of Tobacco,” released by LD-UI calculated the adverse health cost related to tobacco smoking spent per year in 2009 approximately Rp.2,9 trillion – 11 trillion. On top of the financial lost, the analysis has not count the lost of productivity and the lost of quality of life both physically and psychologically caused by tobacco smoking in children and adult..

The right for clean airWe frequently hear the statement “Smoking is a basic human right ”

However, the so called basic human right for joy for smokers is violating the public’s basic human right to breath clean and healthy air without tobacco smoke.

We have to confess that our society has not yet value the right of the public to breathe clean air. Everywhere, at the bus station, in the train, bus stop, office, cafe with air conditioner even in the street we saw people enjoy themselves smoking. These smokers don’t even care if a big sign of “No Smoking” or “Smoke Free Area:”were written in giant letters just right beside them. Basic national health research in 2010 calculated there are 97 million passive smokers in Indonesia, 43 million of them are children under 15 years of age living with smokers who are automatically exposed to tobacco smoke.

This term “Passive tobacco smoker” differ tobacco and any other addictive substance around. Heroin, alcohol, or junk foods are addictive

38


product which also caused hazardous impact to our health; however those impact limited to those who choose to consume it. In the case of tobacco smoking, the hazardous impact of tobacco smoking affect innocent non smokers’ around them.

The hopeless positions of passive smokers are well said in the tobacco industry internal memo dated 17 April 1996. It was a written record of RJ Reynolds Nabisco general share holder meeting, the biggest

tobacco giant in the US. A visitor to the meeting, Miss Doley, asked Charles Harper, top executive of Nabisco.

This is ”more or less” how the conversation goes between Miss Doley and Harper :

Are you going to let anyone smokes around your children and grand children, both in public or private place?

This is a serious matter that I need to answer. Me and my wife are smokers. We have four children; strangely they all grew up healthy. Now, I have 12 grandchildren, I don’t want to restrict their right to smoke tobacco, but I will discourage them from being a smoker.

Is that what I have been asking you before? I am sorry to interrupt your answer. I asked you, do you want anyone else to smoke around them?

I don’t want to prevent people from smoking; if my grand children felt uncomfortable they will eventually leave the room. I don’t know if you have grand children, but I do, and my grandchildren are leaving the room if the felt uncomfortable of the smoke.

But a baby cannot leave a room? Well, at one point they will learn how to crawl, and to walk and else

This indifference attitude of RJR Nabisco top executive is also common amongst majority of smokers in Indonesia. This group of people consider that smoking is a limitless basic right. If you don’t fell comfortable

”It is only the number of death

due to tobacco smoking in the US, how about

in the rest of the world? If only

the industry kept their promise

to work hand in hand with the public health

institution, there might be three,

five or even seven millions death can be

prevented. Brownell and

Warner

39


to it, you can just walk away or leave the room, no big deal.

This kind of ignorance which lead us to tragedy like in the case of Noor Atika Hasanah (Tika). This sweet 28 years old girl, born in * of November 1982, suffer from bronchopneumonia duplex. “Hello bronchopneumonia duplex! I am not afraid of you,” she wrote in her twitter account,@tikuyuz. Her doctor said that her lung is swollen and damaged because of tobacco smoke’s exposure. “All of this happen because I am a passive smoker,” said Tika on December 26th, 2010.

Tika’s weight drastically reduced from 42kg to 35 kg. The pneumonia made Tika suffers from frequent coughing, short of breath and continuous runny nose. Tika was admitted in Sakit Sulianti Suroso Hospital, Sunter, Jakarta. In one of her Facebook status, Tika wrote: “To all parents who are smokers, I beg you all to smoke your cigarette far far away from your children so they will not catch lung disease.”

Her last tweet recorded in December 30, 2010, at 5.30 am. “Spent 1 night here, now waiting for the infection result (@ RS Prof. Dr. Sulianti Saroso). Sadly, just 10 hour after her last tweet she passed away.

Tika’s story should open our eyes, that the threat faced by passive smokers is real. Passive smoker’s risk of catching smoking related diseases is as big as 30%, among those diseases are respiratory tract disease, lung cancer, congenital diseases and also growth and development problem in children. The National Commission for Tobacco Hazardous Impact Control stated that in 2009 there are 32.400 under children who suffer malnutrition related to tobacco smoke exposure. Imagine if one of those thousands of children is yours, you surely don’t want them suffer the same faith as Tika.

Tobacco Vs Basic NeedThe worse part of addiction is losing your mind. Nicotine addict often

sacrifice the need of their children for milk or any other nutritious food over tobacco. Even worse, they also sacrifice their children’s right for education since they prefer to use the money to keep their smoking rituals.

Cigarette take away half of it’s smokers

life, most of them died in the age

of 35

40


1880 1890 1900 1910 1920 1930 1940 1950 1960 1970 1980 1990 2000

10 20 50 100300

600

1,000

1,686

2,150

3,112

4,388

5,419 5,500

Global cigaretteconsumptionBillions of sticks1880–2000

Cigarette Consumption

Indonesia215 billion

Russia258 billion

Japan328 billion

USA451 billion

China1,643 billion

Top 5 countriesBillions of cigarettes consumed1998

BARBADOS

TRINIDAD & TOBAGO

BAHAMAS

JAMAICA

CUBA DOMINICANREPUBLIC

U N I T E D S T A T E SO F A M E R I C A

C A N A D A

GUATEMALAEL SALVADOR

PANAMA

MEXICO

HAITI

BOLIVIA

PARAGUAY

B R A Z I L

VENEZUELA

COLOMBIA

HONDURAS

NICARAGUA

COSTA RICA

ECUADOR

PERU

GUYANASURINAME

BELIZE

ARGENTINA

URUGUAY

CHILE

1 4 10 15

1952 1972 1992 1996

Rising numbersAverage number of manufactured cigarettessmoked per man per dayin China1996

41


A U S T R A L I A

REP.KOREA

SOLOMONISLANDS

ZIMBABWE

UGANDA

TURKMEN

UZBEKISTANKYRGYZSTAN

ARMAZER

MADAGASCAR

Hong Kong SAR

SRI LANKA

M A L A Y S I A

SAUDI ARABIA

C H I N A

LAOPDR

VIET NAMTHAILAND

I N D I ABANGLADESH

ISL . REP.IRAN

PAKISTAN

AFGHANISTAN

TURKEY

IRAQ

SYRIAN ARAB REPUBLIC

ISRAELWEST BANK

& GAZA JORDAN

BAHRAIN

KUWAITNEPAL

K A Z A K H S T A N

ALGERIA

CHAD S U D A N

NIGERIA

C A R

DEM. REP.CONGO

ETHIOPIA

ANGOLA

E G Y P T

MOROCCOTUNISIA

LIBYANARAB

JAMAHIRIYA

MAURITANIA

SENEGALGAMBIA

GUINEA-BISSAU

LIBERIA

CÔTE D’IVOIRE

BURKINAFASO

GH

ANA

TOG

O

CAMEROON

GABON

CONGO

SOUTH AFRICA

MOZAMBIQUE

MALAWIZAMBIA

UNITED REP.TANZANIA

B

R

KENYA

SIERRA LEONE

MALI

PHILIPPINES

NEW

ZEALAND

I N D O N E S I A

JAPAN

R U S S I A N F E D E R A T I O N

MAURITIUS

MALDIVES

SINGAPORE

SAMOA

FIJI

Annual cigarette consumption

2,500 and above

1,500 – 2,499

500 – 1,499

1 – 499

no data

per person1998 or latest available data

CROATIA

ITALY

REP.MOLDOVA

UKRAINE

ESTONIA

AUSTRIA HUNGARY

BULGARIA

ROMANIA

GREECE

YUGOSLAVIA

POLAND

SLOVENIA

BELARUS

RUSSIANFED.

UNITEDKINGDOM

TUNISIA

IRELAND

DENMARK

FRANCE

SPAIN

PORTUGAL

GERMANY

SWITZ.

BELGIUM

NETH.

MOROCCO

ALGERIA

ICELAND

MALTA

NORWAYFINLAND

SWEDEN

SLOVAKIACZECHREPUBLIC

ChinaOne in three

cigarettes smokedin the world today are

smoked in China.

IndiaSeven bidis

are sold for every one cigarette.

LD-UI’s research, lead by an economist Mr. Abdillah Ahsan shows, that to the extreme a poor household spending as much as 70% of their income for tobacco. In average, smoker household spent 11,5% of their income for cigarette consumption, 11% for protein rich food and only 3,2% for education. “Cigarette consumption place the second just after staple food consumption, and rank higher priority over protein rich food and education.” said Abdillah.

“Tobacco has poisoned thair brain, the only thing they can think about is nicotine,” said Kartono Mohamad, former chief Indonesian

42


Medical Doctor Association (Ikatan Dokter Indonesia-IDI). Nicotine works straight on the million of synapse of nerve within your mid brain. The chemical structure of Nicotine, resemble to those of neurotrasmitter such as acetylcholine and dopamine. Those are substances that work to deliver message between brain nerves. As soon as nicotine smokes are inhaled actively or passively, it just needs 8 second to travel from your lung up to the brain. Nicotine, working in the same mechanism such as acetylcholine and dopamine will cause euphoria. Smokers feel relax, happy and relief. ”This is the reason causing addiction,” said Kartono.

Addiction makes they cannot think in normal ways. ”After getting up from their bed in the morning, they will smoke, after breaking a fast in the month of Ramadhan they’ll also smoke instead of eating,” Kartono added. Therefore basic needs such as nutrition and education for their children most often are abandoned. Sadly enough, Nicotine addiction is rather difficult to cure. The US National Institute of Health (NIH), mentioned only less then 7% of nicotine addict are successfully cured.

Bambang Darmono, former Secretary General of National Defense Body explained his experience dealing with tobacco addiction within the armed force. In 1980, Bambang was sent to lead a mission in East Kalimantan. He maintained a close contact with his soldiers and their family. ” I witnessed that smoking soldiers often has malnourished children and their children often get sick.”

Working together with his wife, Sri Murwanti, Bambang then released a regulation for his soldier and their family which relate the success of a soldier with the quality of their children growth and development. Dharma Pertiwi, an association for

the armed forces wife organized an integrated health post. This post will weighted and checked on the children’s health status. “For any soldiers who stopped smoking, we give them incentive,’ said Bambang. Slowly but sure their children grow healthier, their wives are happier and the soldiers’ productivity improved.

Sadly, initiative like Bambang’s are only sporadic, there are no integrated system in place to improve the quality of soldiers and their

If only the industry

kept their promise to

work hand in hand with the public health

institution, there might

be three, five or even

seven millions death can be

prevented. Brownell and

Warner.

43


family’s health . Positive attitude such as stop smoking will automatically improve the soldiers productivity as well as lowering their health cost which paid by the government. “This kind of thing should be appreciated by the government system,” said Bambang.

Are we not part of the international regulation?

Any government consistently protect the public interest, will well respected. While in Indonesia, the government often sacrifices public and vote for the industries’ interest.

In September 2001, three tobacco giant: British American Tobacco, Philip Morris, and Japan Tobacco come into agreement to make an international marketing standard. The standard include regulations such as no massive advertisement allowed, to stop sponsorship for any sporting event and not to use celebrity or public figure to star for their and no advertisement which tend to recruit child smokers. This agreement should be applied internationally, including in Indonesia, the same the international regulation controlling formula milk marketing which hinder the exclusive breastfeeding program.

There was once, when Philip Morris International actually imple-menting those international standard in Indonesia. One year after that 2001 agreement, there was no Marlboro—picturing a cowboy riding a horse, Wayne McLaren—aired in our Television. But it was only a while, after Philip Morris bought 40% share of PT Hanjaya Mandala Sampoerna in 2005, their Sampoerna product which are: A-Mild and Dji Sam Soe advertisement are everywhere to be found. Worse they also use celebrities and any other public figures which are teenagers’ icon for their ads. Their colleague, BAT International and Japan Tobacco, which promise to watch each other moves are also frozen freeze.

This a hard fact that international regulations might not be applied here in Indonesia, they can openly violated their own rule of the game as if Indonesia is not part of what called ”the international society”. It is true that the international tobacco marketing standards are voluntary, without any binding sanctions. Therefore, the government should enforce

44


the regulation for their own sake.

Muhaimin Moefti, the head of Indonesian white cigarette producer association (Gaprindo) in an interview with me in 2006, said, “Cigarette is a legal product, we have the right to advertise it according the present regulation.” This bitter fact is true; the industries use the government inconsistency as their marketing weapon.

The five reasons I have mentioned above convinced me that tobacco consumption must be controlled in order to improve the public health. In addition, we need the regulation and control as a proof that the government truly is working for and protecting the public interest not only short sighted and seeing only the economic interest of the industry.

A civilized country in my opinion is a country that has the noble intention to protect the public interest and dare to make choice to prevent the tobacco giant from growing bigger for the sake of the quality of the public health. There are already 80million addicted smokers in this country; they will not instantly stop smoking only because the government issued a regulation control. It will also mean the tobacco industries and their derived business will not collapse instantly the morning after the regulation issued. n

45

The Last Gamble For Tobacco Industries

Chapter III The Last Gamble For

Tobacco Industries

46


47


We live in the time of suspicions, or if I may say, we are suffering from “conspiracy complex.” it is always been so difficult for us to assure the public that our intention is simple; we care about the quality of the public health. It is

cliché, but thats the truth, plain and simple.

Some of these questions often directed to me every time I explained my motive to join the tobacco control movement:

You must be paid by those capitalist, the big pharmacy industry’s or the health insurance industry’s? Those who have vested interest behind the fall of tobacco industry.

The fate of tobacco farmers is at stake here, are you willing to take the responsibility?

Chapter IIIThe Last Gamble For

Tobacco Industries

48


There are many other dangerous substance such as junk food which is full of cholesterol, why are you busy with tobacco?

Now, let us calmly try to answer those questions aimed to me,. Especially the most provocative one, regarding any chance that the tobacco control movement is a paid movement. It offend me, and also my colleagues working for tobacco control movement, it offending our integrity. In addition, this statement of suspicion also has a diametrical effect which made the tobacco control network of movement facing tobacco farmers, cigarette rollers, and the tobacco industries. This is an unpleasant impact for me, since I don’t have any intention to kill tobacco industry as well as their farmers and rollers.

Is there any capitalist interest behind the curtain?

Frankly I said, the potential personal gain for me is a lot bigger if I worked for the tobacco industry’s instead of working as a journalist who dare to care for the public health trough supporting tobacco control movement. In 2007, a friend of mine in Singapore called me saying; “I know that you don’t want any money, but how about continuing your study until doctoral level, any where around the globe you name it . But in one condition, you concentrate on studying and forget all about tobacco control.”

What an offer? However, I passed it anyway, end of the story. My friend never called me again ever since.

Let us go back to the question: are the pharmacy industry’s or health insurance industry’s has any interest in the fall of tobacco industry’s?

The pharmacy industry’s, will be gaining more if more people are sick because of tobacco

Data from The National Commission of Child Protection in 2007*Estimated figures derived from various sources

No

12345

Number of Activities/Event Annually

870438245*)5*)

Activities /EventsSport

Art and CultureReligious

EnvironmentalEducation

Various activities Cigarette Industry Funded In 2007

49


addiction. The demand for drugs and other product such as cancer drugs, drug’s for cardiovascular disease, asthma, impotency, tooth whitener, food supplement to increase smoker’s stamina will be high. There was no logic behind the suspicions that tobacco control movement are funded by the pharmacy industry’s.

How about the pharmacy industry’s which produce nicotine substitute? In my personal opinion, nicotine substitute can not replace the sensations of burning and smoking a real cigarette, therefore the demand for such product might not that drastically increasing due to regulation control over tobacco consumption. The regulation will only regulate smokers to poison their own lung and respect the public rights for clean air, thats it. The gain from nicotine substitute market, if there are any, are grossly exaggerated.

How about the health insurance industry’s? In this country, the health insurance coverage is still limited. It is only 50,8% of Indonesian are

A Tobacco Warehouse owned by British American Tobacco (BAT) in East Lombok, Friday 29 August 2003 (TEMPO/ Taufik Subarkah)

50


covered by health insurance, most of them are enrolled in government scheme such as Askes for civil servant, Jamsostek for labor force, and Jamkesmas for the poor. It is highly unlikely that the health insurance industry’s will gain much from this kind of market.

Trough all the point mentioned above I found no reason for the pharmacy industry’s and health insurance to gain any interest from the fall of tobacco industry’s. This two industries practically has no motive. It is only a strategy of “playing victim” applied by the tobacco industry’s. “Who is the real puppeteer?” said Dr. Mawarwaty, former member of Indonesian delegation for the FCTC development. “The real victims are the public who has to pay higher health cost. However, within any discussion or debate about tobacco control measure, the tobacco industry’s always be the one who claimed them self as a victim.” add Mawarwaty.

Answering my question on who should prevent the tobacco industry’s from steering the publics opinion, Mawarwaty said it is the government. “The government should pay more attention to control tobacco consumption. It is their responsibility to improve the quality of our younger generation, there are our future asset. If the government fail

to do that, what can we expect more?” said Mawarwaty

The government is also the one who should pay higher health cost caused by tobacco hazardous impact and nicotine addiction. If tobacco industry’s are going down slowly and the publics health is improving, the productivity of the nation will automatically increasing. Sadly, our government has not 100% behind the public health interest, as a proof there are many tobacco control regulation stuck in the middle of the way. Our government still place the interest of gaining taxes over tobacco compared to improving the publics health.

Imam prasodjo, a sociologist from University of Indonesia, answering the suspicions that tobacco control movement is funded by capitalist forces lightly; “If it is true there are people paying us to do this, it is no big deal.” he said. Many international organization including WHO, Bloomberg Initiatives and Global Fund are actively

“The real victim in this case is

the public, who has to pay the huge health

cost caused by tobacco smoking. Nevertheless, it is the industry who always scream

the loudest whenever we discuss

about FCTC. Mawarwaty

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engaged and supporting tobacco control movement around the globe. “It can only means good, they are paying us to do good deed, to push the government policy to protect public health. This should be the government responsibility to support such movement and those organization are helping us “ Imam added.

Imam made an analogy of hundreds thousand of our scholar hold a scholarship to study in the US every now and then, including Amien Rais a politicians and a Moslem’s national figure. “Does it mean all of them are accessories of US capitalist interest?” Imam said.

Worse, there were rumors spreading that the birth of FCTC are intentionally created for the economic interest of the developed countries. The main objective of FCTC, it was said, is to kill the economy of the developing world which still depends on tobacco industry’s.

What a pointless accuse, “No way, it is not true,” said Mawarwaty former Indonesian delegation for FCTC development. It is in the contrary, in the beginning of the development of FCTC, it is the developed countries such are US, UK and Japan who are opposing the FCTC. They brought the voice and interest of their tobacco giant such as Philip Morris, BAT, Japan Tobacco and many other.

The initiative about the need for international framework to control tobacco consumption was coming from the developing countries such as Indonesia, Thailand and Bangladesh. “We are anxious, nicotine addiction in spreading globally in lightning speed, the public health is at stake.” said Mawarwaty. The topic rise during many international meeting between ministers of health. “We have nothing to do with any kind of Industry’s interest, the only thing we care is the quality of our public health and the quality of our future generation.” Mawarwaty added. The present of international agreement is crucial, since there are no country in the world could do it alone without global support. “The reach of tobacco advertisement is global within this digital era, as well as cigarette smuggling across countries,” said Mawarwaty, “The world should

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work hand in hand for this matter.”

An adult choiceThe tobacco industry always stressed on the message that smoking

is an adult choice. The scene from a movie “Thank you for smoking...” is perfectly describes this very fact. If you are wise, you will be able to choose what is good for you. Smoking or not is fully your individual choice, there is no one to blame. It is in deed a free choice.

Butet Karterajdasa, a famous artist from Jogjakarta, capturing the idea of free choice and vote for tobacco control with priority to health regulation compared to regulation controlling tobacco consumption. In one of his article (http://www.seputar-indonesia.com/edisicetak/content/view/408162/), Butet stated that we don’t need a regulation for controlling tobacco consumption. “What we need is to improve the quality of our education. If the public is smart enough they will wisely choose what is good for them,” Butet wrote.

Butet’s argument is the one which we commonly heard, a weak ground to stand. Even in the most developed country with the best quality of education, there will always be a hopeless marginal group of people who has no say about this free choice issue, they are: children, babies, teenager, the elderly also the poor and homeless people who are potentially be a passive smoker. They also less likely being able to fight the aggressive tobacco advertisement. Will we let them left unprotected, just like a baby, not yet able to crawl and leaving a suffocated room filled by tobacco smoke? Moreover, waiting for the improvement in quality of our education is like walking in an endless road. We will never know what it will be like or when it will happen the improved quality of education mentioned by Butet is highly unlikely coming into realization any time soon.

This argument about adult free choice also loosing it’s ground witnessing how aggressive tobacco advertisements are. Morning, evening and afternoon we watch tobacco adds in our TV, on the stage during musical concert, movie scenes we were suffocated by tobacco adds, it just every where to be found. The tobacco adds present for every eyes including children and the teenagers. Worse, those adds are often very persuasive even seductive (see chapter V, insert box 2: Galloping to consume the future generation) how come it be an adult free choice

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then?

Regulation = The Tobacco Industry’s dies the next morning

The present of any regulation regarding tobacco control will kill the tobacco industry’s instantly. This kind of “sacred word” are pushed into our head by the tobacco industry’s over and over again. “The present of many regulation has made our cigarette sales decreasing,” said Muhaimin Moefti, Chief of Indonesian White Cigarette Producer Association.

This objection are amplified by many other interest group. “We don’t want the government to control tobacco consumption, if that should happen we will suffer from it,” said Imron, 40 years old tobacco farmer from Temanggung, Central Java during his interview with Tempo Newspaper (March 15th, 2010). He came to Jakarta in March 2010, along with hundreds of other tobacco farmers marching to the Parliament Building in Senayan to prevent he realization of regulation on tobacco control of product.

Migir, 45 years old, another tobacco farmer which was also interviewed by Tempo Newspaper during the demonstration said in Javanese “Ongkos kulo saget mriki, dateng Jakarta, saking adol wedhus,” ( I have to sell my goat for my transportation cost for coming here to Jakarta). This sacrifice he made for the sake to prevent the realization of tobacco control regulation. “Kulo pengen mbako tetep wonten” (I still want tobacco to be present) Migir said.

The strategy using the voice of the powerless seems to be powerful to attract the attention of the honorary member of the parliament. Eva Kusuma Sundari, a parliament member from PDI Perjuangan (Indonesian Democratic Party – Perjuangan) stated “I do respect the public basic rights for health, however I also have to respect the rights of the tobacco farmers and the tobacco industry’s factory labor to earn a living.” during an interview with or team. Eva, the parliament member from Kudus, one

54


of the center for tobacco industry added, “Needless to say, that our main priority now is farming industry’s, including tobacco.” in addition she said” I am not loosing my mind to put WHO interest who are defending

the interest of those developed countries over our small farmers livelihood.”

With all respect to Miss Eva, some of the few parliament members who dare to defend the right of the people, I do think there is a twisted comprehension about tobacco control movement here. Regulation over tobacco consumption will not instantly kill the tobacco industry’s just like what Eva is worrying about.

Cigarette is a non-elastic product, in which it’s consumption relatively stable regardless it’s high price or any other regulation to control the consumption. Those addicted smokers will not instantly put off smoking if the price of cigarette is increasing, that the reason why the cigarette production in Indonesia is always increasing regardless their high sin tax.” There are no experiences

in the history that tobacco consumption will fall down instantly and drastically only because a regulation for tobacco control is enacted,” Said Hakim Surimoda Pohan, a international tobacco control network (ITCN) activist and a former member of the parliament. The strict regulation on tobacco control in Thailand for example, only able to decrease 1% proportion of smokers annually. “It is an exaggerated and misleading myth, the present of the regulation will not instantly kill the tobacco industries and it’s derivate.” said Hakim.

The fact that the tight regulation applied in Thailand only able to decrease 1% smoker annually,

chief of MK Mr. Mahfud MD, asked me during an occasion within the judicial review court appeal of the broadcasting law:

Why do you bother on suggesting the present of tobacco control regulation, if the experience in Thailand shows that even a the tight there only able to decrease !5 of smokers?

We have to take the small step your honor. If we don’t start, there

That the industry will instantly die after the regulation is enacted is a

simplistic and miss leading

assumption blown up by the tobacco

industry.- Hakim Sorimuda

Pohan –

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will be more and more of our children and teenager becomes the victim of nicotine addiction.

There are 34% (80 millions) of Indonesian inhabitants are tobacco addict. These smokers will not stop smoking cigarette only because there is a regulation controlling tobacco advertisements, increas ing price or the enactment of smoke free area. This mean, the tobacco industries and all of it’s related industry will not instantly falling apart the moment the regulation is enacted. It is an empty word to say; if the enactment of the tobacco control regulation will kill tobacco industry instantly.

The Ulama’s Fatwa, is also will not stop those addict to stop their craving body to nicotine from smoking ― except for those who has a strong enough intention to quit smoking. In my opinion, what will happen after the enactment of tobacco control regulation will only limited on pushing millions of smokers to smoke in a more polite manner (not in the public place or in front of non smokers). Beside that, tobacco advertisement and marketing should also be regulated, it can no longer be as the industry’s wish, just like now. The present of tobacco advertisement and marketing regulation will be able to put a brake on the growing of new smokers, the young age smokers.

The regulation control on tobacco consumption might yield within years later. Along the way, we will have enough time to prepare an alternative scheme to replace tobacco farming for cigarette production into another commodities or using tobacco leaf for pharmacy industry’s.

Widyastuti Soerojo, a public health specialist explained that the FCTC international network scheme is complemented with a package of workshop in exploring tobacco farming, for example: workshop regarding switching commodities and variation on tobacco use in Pharmacy industry’s. “The problem is, our tobacco farmers are not yet able to access this international network scheme,” said Widyastuti, “since we have not ratify the FCTC yet.”

Kartono Mohamad, a medical doctor who is also an activist within the tobacco control network agree with

“..even the Ulama’s fatwa will not stop them from

smoking, their body is already

addicted to nicotine.”

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Widyastuti. The main objective of tobacco control is mainly to put a brake on the growth of young tobacco smokers. “It also demand the industry to see the public more then just a marketing target.”

Nowadays, Indonesia is just like the last frontier for the tobacco industry’s to defend their giant market. Along with India, China and Russia, Indonesia is a huge market regarding their dense populated nature. The only difference is, India, China and Russia already ratified the FCTC and enacted the control regulation on tobacco industry’s, while Indonesia is still lagging behind. Indonesia still hold the status as interesting market; huge population, weak regulation and lack of public health awareness. “That is why, the tobacco industry trying so hard to prevent Indonesia from ratifying the FCTC,” said Kartono.

We know that the tobacco control regulation will not yield instantly, however steps must be taken. For me, the step is to write this book. I write this book also as my concern to movements regarding control over tobacco product, which is in the move for years but always get stuck, whether within the parliament level or ministerial.

I am supported by the help of my fellow journalist who joined the Campaign of Free Tobacco Kids (CTFK) and Koperasi Jurnalis Independent (KOJI), which are Wahyu Dhyatmika, Felix Lamuri, Yus Ardyansah, Jojo Raharjo, Anita Rahman, Bibin Bintariadi and Parlindungan Sibuea. They are the one who gather information, interviewing sources, and shopping for new data and facts. Farid Gaban and Alfian Hamzah also complementing this book with their article.

This book also enriched with articles written by journalist who are enrolled in fellowship on tobacco control coverage which is conducted by Aliansi Jurnalis Independen Jakarta (Alliance of Independent Journalist), since 2007. our hope is this book will add to our present reference for the movement on control over tobacco product in Indonesia. n

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“No Way, Indonesia is not bering

used by any foreign power”

Mawarwati Djamaluddin, Mawarwaty Djamaluddin, former Chief Secretary of Badan Pengawasan Obat dan Makanan (BPOM), Indonesian Drug and Food Surveillance Body.

Mawarwaty is one of Indonesian high ranked government officials who are actively engaged within the development of FCTC. She was also voted as vice head of Indonesian delegation. during the courts of the Inter Governmental

Negotiating Body on the Frame work Convention on Tobacco Control (INB-FCTC) which discussed on FCTC in Geneva.

Therefore, Mawarwaty is very disappointed to the government which until today has not ratify the FCTC yet. “What are they afraid of?” it is only a complementary regulation,” she said. She also denied that the Pharmacy industries in the developed world who intend to destroy the national tobacco industries owned by the developing countries, is behind the FCTC. “It is in the contrary, the FCTC initiative is coming from the aspiration of developing countries,” Mawarwaty said.

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Foto : Adri Irianto

This energetic women spare her time for an interview with our team in the end of July 2011. She explained about the history of tobacco control campaign in Indonesia and the role of Indonesian government within the FCTC development.

About the tobacco control campaign in Indonesia, how was it in the beginning?

When I was the chief secretary of BPOM in the early 1990, I along with other colleague from the ministry of health begin to saw the potential threat of tobacco epidemic for public health.

During that time, the growth of tobacco consumption in Indonesia is the fastest in the world. In 1990 our cigarette consumption grew from 2,7% to 4% in 1999. it is he fastest in the world. Moreover, our concern is because of the growth of the beginners (70% start to smoke from the age of 10 -19) which is 17% annually. We speak to the media about this threat.

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We consider it as a serious threat to health of our younger generation.

What was the government policy to follow this realization?We think that we have to control it from the upper stream: tobacco.

Smoking habit is an epidemic, the threat will not only limited to the smokers but also the society at large. Active smokers turn other people into passive smokers, including babies and children. They don’t have to smoke in order to be a victim of it. Smokers also fall into addiction, just like using drugs. This is what raised our concern as health practitioners.

We then formulated a regulation on tobacco control. There was no FCTC yet. In 1999, the ministry of health successfully put a stress to the government to enact the government regulation number 81 year 1999, during Mr. BJ. Habibie presidency and Mr. Farid Anfasa Moeloek as the minister of health.

What is the regulation about?It was not yet a comprehensive regulation, however there are some

aspect of tobacco control in it. Some to mention are; placement of a label regarding the danger of tobacco smoking on the cigarette package and regulation to limit the air time for tobacco advertisement.

Is BPOM always actively engaged in the tobacco control campaign?Cigarette or tobacco is categorized as an addictive substance. It

needs special surveillance, in BPOM it is under the Therapeutic product, Psychotropic and Addictive Substance Surveillance Deputy, Deputy I. It is also under a special director for Therapeutic product, Psychotropic and Addictive Substance. We watch what happened in the field, what are the substance within a cigarette product and is it the same as what is written on the label? what are the nicotine level? Etc. In BPOM, we own a device to measure the nicotine level and tar in cigarette measure.

How is Indonesia becoming actively engaged in the formation on FCTC?At that time Indonesia is one of the WHO member country who

were actively participating on discussion regarding tobacco control issue. During many of the WHO meeting the issue of tobacco epidemic which put many countries in threat were often raised. We come in an agreement that we need an international convention as our basis for tobacco control effort or the FCTC.

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The main idea was simple. We thought if tobacco control only regulated by local regulation in each country, we can assure that cigarette smuggling will be increasing. Therefore we need cross border regulation to ensure the effectiveness of of our tobacco control effort. In the early stage of FCTC development, Indonesia – along side many other WHO member state – put a pressure on WHO to develop a special team to learn on the issue.

There are information stating that developed country such as the US and Europe who are pushing the discussion about the issue of FCTC forward in the beginning .....

That is not true. In the contrary, countries from the developing world such as Indonesia, Thailand and India are the motor of it. Countries in Latin America is also pro to the regulation. Not all of the developed countries are opposing it, there are some which supporting it. But countries like the US, Japan and China was in opposition in the beginning.

How was your side convinced the opposition about the importance of FCTC?

We were supported by strong data. The civil society behind the WHO initiative is also strong. They are coming from ass of cardiovascular medical specialist, medical doctor’s association, etc. We worked not just campaign, but also backed by resourceful scientific facts. It is a heavy duty, luckily the WHO secretary general at time time, Gro Brundtland from Norway, has a strong leadership and high commitment to overcome tobacco epidemic.

What are the example of the support given by WHO secretary general?

Brundtland dare to take the decision to instruct the WHO member state to initiate FCTC trough WHA resolution 49.17 year 1996 and consistently for almost 8 years facilitating and adopting the results coming from INB-FCTC. Finally, the complex result from the INB-FCTC negotiation are adopted by all WHO member state, including Indonesia, during the 2003 World Health Assembly (WHA).

Is it true that Indonesian support at that time is because there are international force intervention?

It is not true. There are no foreign vested interest behind it. The government of Indonesia, at that time saw that there is a chance to

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No way, we are not being used by the developed

countries. In the contrary, the initiative

for FCTC’s development

is coming from the developing countries such as Indonesia, Thailand and

India.

enforce international regulation. We want this international regulation complement our national laws and regulation. That is what we want, please don’t turn it upside down.

In our opinion, a comprehensive framework will be able to help us to organize an integrated map of tobacco problems. The main objective is to improve the quality of our human resources by protecting our young generation from tobacco hazard, now and in the future. No more and no less.

Why does FCTC consider as an important mile stone for the public health global campaign?

FCTC is the first international public health convention which is evidence based and negotiated under the WHO. Based on all the scientific evidence, the World Health Assembly resolution in 1995 demand the WHO to conduct a study on the need for international instrument to overcome the impact of tobacco consumption. A year later, WHA released a resolution which instructed the WHO member state to initiate the FCTC.

What happened after that?Four year later in 1999, WHO conducted a working

group meeting between member states to gather all problems faced and did a public hearing with tobacco industries and tobacco farmers. In 2001 a small team was organized to draft the FCTC the team members are India, Iran, Turkey, Australia and The USA. The draft from this small team used as reference for negotiation within the INB-FCTC forum. The result were reported to the WHA court, annually. Until 2003, the final draft is agreed upon and brought to the WHO official court meeting.

What is our role during the process?We are actively engaged in the process from 1995

until the end. It was not only limited to me, it was until the minister of health level. In every meeting, was it cross countries consultation between WHO member states or official court of INB-FCTC, we were actively giving suggestion and contributions. You can check the detail of the discussion at that time, all was recorded in the WHO head quarter in Geneva.

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Can you describe how was the situation during the discussion at that time?

It was a heated discussion, since we were talking about different interest between countries and sectors. All stake holders sending their delegation as an observer, only government delegation from WHO member states can enter as participants.

In 2003, the working group successfully formed the rough draft of FCTC. The draft then brought to the WHO official forum, where every article were discussed and debated. In between official forum, there are also informal meetings to synchronized perspective. So it is not true that FCTC was created by the US.

It seems to be many heavy debate....yes. It was all going from morning till midnight. All who were speaking

in the negotiation forum are official delegation from their country. It was hard debate. In some occasion, we have to skipped lunch.

Countries who were disagree on one article will come with comparative data. There was a battle of data and information. Between meetings, there are small forum where researchers from Canada, Australia and other countries presenting their study about many thing regarding tobacco: findings about diseases caused by tobacco, what are the possible cause and what are the impacts, etc. All were presented and exposed, it made the delegations understand more and more about the negative impact of tobacco smoking.

Where were the meetings held most often?The WHA and INB-FCTC meeting were usually held in Geneva. Only

once, the INB 3rd meeting were conducted in Jaipur, India in 2002. but the inter-country consultancy meeting were moving around.

Among the important meeting, there is inter country consultancy forum, which involve countries from the same region. I was once represent Indonesia during such meeting in Bhutan. ASEAN also has a consultancy forum for FCTC, held in Malaysia at that time. In all of those meeting we were very active.

Would you elaborate more in detail, what are the Indonesia delegation’s role within those meetings?

Indonesian delegation were consist of representation from the

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ministry of health, BOPM and ministry of finance. There were also representation from the ministry of workforce, ministry of trade and industry and ministry of foreign affair. There were also representation from professional association and NGO, for example Dr. Tjandra Yoga Aditama who represent the Lung Specialist association.

The head of the delegation within the INB-FCTC is Indonesian Representative in the UN in Geneva. In 1999, the head of our delegation is Dr. Nur Hassan Wirajuda which then becoming the minister of foreign affair. At that time, Mr. Wirajuda is 100% behind the FCTC.

How was the coordination among the Indonesian delegations? Each time we attended the INB-FCTC meeting, BPOM and the

ministry of health, as the technical department were appointed in turn as coordinator. We usually held an internal meeting first, because there are many voices within the delegation we have to organize who should speak about what. For example, if we want to speak about tobacco tax, it should be from the ministry of finance.

So, it was not all member of the delegation speak in the forum?Basically all of the member of the Indonesian the delegation has the

right to speak, however we use to discussed all topics and suggestions beforehand. It is me and Prof. Anhari from the University of Indonesia are the one often represented Indonesian delegation in expressing our delegation’s opinion during the forum.

But anything we said in the forum has represented all voices from all institution and interest within the delegation’s member. Just for an example, representative from the ministry of workforce once explained that basically tobacco industry’s labor force are not experiencing any significant improvement in their living conditions. Tobacco rollers are always doing the same job, over and over again, no improvement. So, the Ministry of Workforce has realized the true condition of tobacco industry’s labor force.

Is there any internal difference in opinion amongst the Indonesian delegation regarding FCTC, for example from the Ministry of Industry which is usually brought up the Tobacco industry’s interest?

There were differences in opinion during preparation meeting, but once we were in the INB-FCTC all Indonesian delegation member were

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in the same position. It is for the national interest. If we were not in the same position, those ministry would not sent their representative. Of course I never knew what was on their mind, but as far as I know, we were consistently voicing our official stand which is to support FCTC.

In your opinion, was there any potential friction of interest between the ministry of health and BPOM in one side and other ministry about this tobacco issue?

We consult and discuss a lot, to decide where is our stand in those detailed issue. There are two elements of tobacco control: supply control and consumption control. It is clear that the ministry of health can not work a lone in this topic. There are elements of tobacco farmers and cigarette production, compensation and many other thing which are not under the authority of the ministry of health. The government is of course in favor of the tobacco farming and industry, however the government also committed on gradually controlling the tobacco supply.

This kind of commitment has to be translated into policy. Here where the role of the ministry of Industry , ministry of agriculture ministry of trade and the ministry of workforce have to made a policy to divert this sector of industry trough a long term program of 25 years for example.

In conclusion, from the commitment side we are departing from the same point: how to improve the quality of our human resources. The same commitment yield a convergent policy design. If we don’t have the same commitment, the health sector will suffer.

So, although the end point is to improve the quality of public health, all sector were agree upon it?

All sectors have to work hard because this policy related to the quality of our human resources, not only for the health sector. For example regarding communication, information and education the government should make sure that children aware of the danger of smoking. Enforcement of smoke free area, total ban on tobacco advertisement these we should do together. The approach should be comprehensive.

Going back to the FCTC formation, how did the government socialized the result of FCTC meeting in Indonesia?

At the end of every summit we went back home to Jakarta and conduct

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a meeting. Domestic tobacco industries were also invited in those meetings. We always conducted a briefing on the result of each FCTC summit.

Was the tobacco industry also given some spaces in WHO forum?The tobacco industry was present as observer. They heard all the

debate and in some occasion, they were asked to present certain thing. The process is open. All of the FCTC formation process needs 8 years.

***

There are some crucial points within FCTC, just to mention pictorial label of tobacco smoking hazardous impact on the cigarette package, smoke free area, increase in tobacco tax and ban for tobacco advertisement. How was the debate in WHO at that time?

More or less it was like this. In the beginning we discussed about the elements which should be inside the framework. In the end we were agreeing that the approach should be comprehensive― from the demand and supply side. From there, we did a break down: what should we do from the demand side and from the supply side. We merged it with success stories from many countries. For example, the placement of tobacco hazardous impact label in Turkey has reduce tobacco consumption up to 8%.

Was there any suggestion in WHO forum that we turned down?Yes, for example one country suggested that children under 18 years

old should not be allowed to buy or sell cigarette. To enforce such rule, every one who buy cigarette should show their identification card. We turned it down. I was the one who spoke on that meeting. I explained that such rule will need continuous law enforcement. There should be personnel who checked identification card every now and then, it need a huge cost.

Which countries are opposed to the FCTC in the beginning?The USA, Japan and China. They opposed the FCTC from the beginning

till the end. It was hard to convinced them. Of course they brought the interest of their domestic tobacco industries. But we always asked them, are we all committed to the improvement of the quality of our human resources in each countries? All other interest should be put aside.

It is true then that from the beginning there was always an anxiety that FCTC will kill the tobacco industry?

66


Yes, but it is not like that. It doesn’t mean that as soon as a country signed the FCTC, the tobacco industry in that country will die instantly. This framework under line the country’s commitment on the improvement of the quality of their human resources. What we have formed is just an egg, at least it has given direction to the country’s development.

If Indonesia signed the FCTC in 2003, will Philip Morris, BAT and any other international tobacco producers invest their money here few years later?

I don’t think so. Because Indonesia did not sign the FCTC, they then able to read where this country is going. Later on Philip Morris did a huge investment in Indonesia. The government is proud of it. They did not know that Philip Morris was coming here because it cannot expand their industry else where.

Therefore, I always feel sad and wrap in disbelief why some people could think that the FCTC were rode by capitalist or western interest while the industry who are pouring their investment here is western cigarette producers, such as Philip Morris? I mean, whose the one being used? Why every time we fight for anything with any international scent we were accused as being used by foreign interest? Even tough the context of the problems were different.

There was an accuse that if Indonesia ratified the FCTC, it means there is an intervention to the government policy.......

FCTC doesn’t have any authority to rule countries like the national regulation for example. Every one knows it. Why should we be afraid? FCTC is only a complementary. Yes there are some cross border international regulation, but the detail of such regulation should be translated into national regulation in each country. We, (the national government) should be the one using FCTC, not the other way around.

This kind of accuse arose on the tobacco industry’s internal documents. It seems that the tobacco industry try to spread an opinion that FCTC is an agenda of the developed world who wants to intervene developing countries....

It is only a trick. Look who are the owner of big tobacco factories in Indonesia. Philip Morris is American or Indonesian? Does the interest of Philip Morris is the same as our national interest?

**

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In 2003, Indonesia suddenly change it’s position on FCTC. Do you remember what happened?

When the final draft of FCTC is ready at that time in 2003, in the beginning the government is ready to sign it. The FCTC draft is final, it will only need to be legalized in WHA meeting. Indonesia were there and already on agreement about the FCTCF final draft, before the signing.

Few month later, when the the time to sign the document is come, there is an incident. The minister of health Mr. Ahcmad Sujudi is ready to go to sign the FCTC but it was suddenly canceled. It was during the end of Megawati Sukarnoputri presidency, I heard the political situation is heated.

What happened after that?After Susilo Bambang Yudhoyono term’s of presidency, the situation

was not getting better. The new minister of health at that time, Mrs. Siti Fadilah Supari, was not all-out behind the FCTC signing.

You must be very disappointed. Do you ever predicted if it will end like this?

Yes of course, I am very disappointed. We are the one who pushed the birth of FCTC. I belief that we will sign it, I don’t know why it should end like this.

You are involved from the beginning......I try not to be in apathy and keep fighting, but some times I asked,

where is our commitment? All we have developed, are not moving. The fate of FCTC is the same as the national social health insurance law. It was in the 1994, the ministry of health drafted the regulation for the first time. However, because of battling interest, it still doesn’t move.

What is the root of the problem?We love buying time, not moving fast and do not dare to take

decision for long term gain. It makes us losing many opportunities. It was happening from the time I was a junior staff until my retirement time, nothing has changed.

What is the most urgent thing to do nowadays?Beside ratifying the FCTC, the government should also develop

national law and regulation on tobacco control. Not as today, where the draft of the government regulation is always on nevr ending revisions. The more revision, the more it is in favor of the tobacco industry.

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It is part of the tricks, just take a look who are the owners of big tobacco factories in Indonesia.

Phillip Morris is an

Indonesian or an American?

Does the interest of

Phillip Morris is the same as our national

interest?

I often asked my self about the tobacco industry’s arguments in opposing the tobacco control. They claimed themselves as national industry, kretek is considered as our traditional heritage. But look who are the owner of those factories? Who are they? Are they really putting our national interest in front of their own?

Do you ever experienced any intimidation or pressure because of your effort in FCTC?

There are people come to me. But they are not openly asked me to back off. The one who are frontally yelling at me is the head of Indonesian cigarette factories association, Ismanu Soemiran.

At that time, I was speaking in front of the FCTC socialization forum. I was stressing on the importance of banning tobacco advertisement etc. I explained that it is the sunset of tobacco industry, it will not be able to expand no more. He was furious and yelling at me. “ Mrs Mawar, I swear that the one who will suffer sunset is you not the tobacco industry,” he said.

How do you see the commitment of the government officials who was fighting for the FCTC?

I don’t understand. I don’t know why the head of our delegation at that time, Mr Hassan Wirajuda, is not continuously fighting for it after he was elected as foreign minister. May be for him, this is not an important matter, it is not about politic that is why he let the responsibility to push for it be in the hand of the ministry of health. Or there might be other thought such as, it is better to postpone this FCTC, otherwise we will have to suffer from demonstrations.

How about the parliament support?I am sure that most of the parliament member do not

understand enough about this regulation. That makes me worry. When I was still in BPOM, every month or two I meet them

for meetings, we often presented the report on this matter. Are they really understand what I have presented, I don’t know.

Lately some ministry made a road map on tobacco industry development, it place a target of 240 billion cigarette production per year......

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I am so sorry about that. Honestly, I haven’t seen a full commitment from the government. The commitment should begin from the number one, the one on the top. Not from a government official who only participate as a member of our delegation just like me.

If the government truly committed to the FCTC, the number one person should give a clear order to his ministries. That order should then be translated into concrete programs. Only if, ten years a go, the ministry of agriculture has made a program regarding diversification for tobacco farmers, the problem will be solved. It will not be moving back and forward like now.

These days the government only care about image building. How many tobacco farmers are there in Temangung? How many tobacco factory’s labor are there in East Java? Is it true that it counts up to tens of millions? That is an exaggerated figures. But the government doesn’t seems to care, the most important thing is, they were seen as if they are fighting for the marginal people, fighting for small farmers and tobacco labor. Does the government know how much their income is? Are they living well? Why, just for this image building we have to put the future of our generation and the fate of hundreds million of people in this country at stake?

***

What is the impact of not signing the FCTC for Indonesia?Not signing the FCTC made us have a weak position in

FCTC, we are not participating countries, only as an observer we are not involved in decision making.

We are loosing momentums. Just see how others have moving forward, while we are still like this. Countries which signed the FCTC have started to formulate regulation or formal procedure for FCTC implementation, while we can not join them.

It means we can not play a role in formulating the FCTC operational regulations?

Exactly. While there is where we are supposed to be. This standard procedure are more technical and detail. If we are not involved, we can not voice our interest. For example, we want

Does the government knows the

income of the tobacco factories

worker?s Are they living a decent

life? I don’t understand,

why is it, just for the sake of this image building, the future of our next generation

and the life of hundreds

millions citizen should be at

stake?

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71


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that tobacco industry are not instantly closed down, it should first going trough an adaptation for a certain period of time. If we are not there as participating countries, we will not be able to fight for that interest. There will be no representation for our interest.

Many countries which signed the FCTC has started to changed tobacco farming into other commodities supported by international fund. Is this one of the example of our lost opportunities?

If we count back to 2002, we almost lost momentums for 10 years. Many countries in Latin America has done diversification from tobacco farming into chocolate, coffee etc. The new commodities has improved their income. All of those programs supported by global fund, which given to FCTC member countries.

How does global fund program for diversification of tobacco farming begin?

We don’t want this FCTC only protect one thing while sacrificing another. It should not be like that. Therefore, when big countries like USA and China asked that tobacco farming should be organized, not only banned, we were all agree.

So, this FCTC truly has considered all aspect about tobacco control?Yes, you can imagine we need 8 years in order to formulate it, and it

involves many countries around the globe. The continuous debates were very intensive, it was not only one meeting in one year, it was discussed over and over again.

The last one, what is the key for successful tobacco control campaign?The most important thing is the government commitment. Do not

confront the importance of tobacco control with the risk for millions of tobacco farmers will lost their job. If it is true that such risk exist, it is the responsibility of the ministry of agriculture, not the ministry of health. n

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Her spirit is still burning. She is 66 years old, but her critical ability is still sharp. Laksmiati Hanafiah, former chief of Indonesian Heart Foundation, is one of Indonesian pioneer in tobacco control movement since the 1980. This grandmother of seven

grandchildren, shared her for decades of experience in tobacco control movement in Indonesia with us. Now, Laksmiati Hanafiah is a member of the National Com on Tobacco Control.

Actually, when was the first time we started to pay attention on tobacco’s health hazard?

Since the 1980, when I was still active in Indonesian Heart Foundation, at that time the knowledge and awareness on tobacco hazard for health is still very limited. Most people know that smoking is dangerous, but thats it, how dangerous is it? Science grows. We start to realized that

“Our Leaders have been Chained”

Laksmiati Hanafiah, Mia Hanafiah former General Chief of Indonesian Heart Foundation, Member of National Commission on Tobacco Control

74


one of the hazardous health impact of tobacco smoking is cardiovascular disease, alongside with unhealthy food and lack of exercise the biggest risk factor for cardiovascular disease is cigarette smoking.

At that time only the heart foundation and the cancer foundation which are actively involved in tobacco control issue. The only concern back then is the quality of public health, it was all focused on health issue, not yet touching other factors such as economy and farmers.

How was the tobacco hazard awareness campaign format back then?The heart foundation conducted the tobacco free day celebration

officially since 1991. the theme were connected to various issue and changed annually. For example, tobacco smoking and women, the media and cigarette. The danger of tobacco smoking were openly presented.

How about the government, trough the ministry of health, are they fully involved in the issue of tobacco and health?

Foto : Adri Irianto

75


In the 1980 to 1990, the ministry of health was very passive. NGO were the one who actively engaged on the movement and directly went to the public. Back then, the NGO mentioned were only the Heart Foundation and the Cancer Foundation.

later on, the Minister of Environment, Mr. Emil Salim and the Minister of Health Adhyatama, started to pay attention on the danger of tobacco smoking. We were also involved in some discussion. One of the result was the government regulation on the placement of tobacco’s health impact on cigarette package. The only problem is, the message is very weak, “ Smoking can be dangerous for your health.”

What was the reaction of the tobacco industry owner?The regulation on label placement is the first ever regulation to

directly control tobacco product in Indonesia. There was no protest at all. Tobacco industry at that time was just laid on their back.

On the celebration of tobacco free day in 1991, there were 8 specialist from various countries in Asia and Australia come to Jakarta. For two days we were visiting various ministry such as: Ministry of Religion, Ministry of Education and Culture, Ministry of Health and the National Planning Body (Bappenas). That was the first time when the discussion on tobacco problem was related to economic issue.

With the rise of economic issue, do you see any changes of the national tobacco producer’s reaction?

I remember it vividly, my relationship with tobacco producers at that time, trough the head of Indonesian Tobacco Producer Association, was so close. I even asked them to come and listened to the presentation from the specialist during the Tobacco Free Day celebration in Hotel Borobudur. The tobacco industry’s attitude at that time was very different, they were not aggressively fighting back just like nowadays. Back then, there were no foreign tobacco producers around, our local producers haven’t felt that tobacco control issue is a threat to their existence.

And then, what was your strategy to campaign about the danger of tobacco smoking?

We invited various group, for example the Indonesian Teacher’s Association (PGRI). We asked them to join our campaign, and campaigned

76


the danger of tobacco smoking in schools.

We also invited the Indonesian Medical Doctor’s Association (IDI). In the early 1990, IDI was not actively engaged, today they do much better. There are small groups that we visited one by one, such as celebrity’s association, art workers and also high rank official’s wife organization. I invited them all to form an alliance until we have the National Commission on Tobacco Control in 1998.

Can you tell us the situation in 1992 during the process on drafting the law of health? Are you involved in it?

We were never involved during those process. Our relationship with the ministry of health is very formal. Was there anything happened behind the curtain, was there any interventions from the tobacco industry, I don’t know.

How was your relationship with the tobacco industry after you joined the National Commission on Tobacco Control?

It is like this, along the way, we can see clearly that basically the tobacco industry never has a good intention on it. Our interest is also completely different. Based on that, we have decided not to sit on the same table with tobacco industry for any negotiation or whatever it is called. Why? Because our interest will never met. They want their industry to keep on exist while we want to control their product.

For example, they came to the Heart Foundation and offer some help,” Mam, how much money do you need for no smoking campaign among youngster? We will help.” I said to them “You are very smart, first if you helped us, you will gain a noble image as if you really care of those children and want them not to smoke. While in the other hand, those children are your target. If you really want to help us, don’t make them as your marketing target.”

That tobacco producer, is the one who came or trough their association?

The association who came. But there were some occasion when I was still in the Heart Foundation, the tobacco producers came themselves. In the early days of the Heart Foundation there was a routine donation of 5 million rupiah per month for the foundation from a tobacco producer.

77


We have not fully aware of the danger of tobacco smoking yet. The awareness on it only rise lately, within this two decades. Even the doctors are not fully aware of that problem. After many research have been done, the awareness of the danger from tobacco smoking grows with it. After that we took a clear position.

The national commission has a clear stand on FCTC. What actually happened which made Indonesia turn it’s position from supporting the FCTC into not supporting it?

Ahhh, for that matter, I think you already know the answer. Why are you asking me again ha ha ha....We are very happy to see that Indonesia was actively engaged during negotiations and discussion on FCTC drafting. Moreover, we were pro active and be the one among the last countries handing in the suggestion draft for FCTC, but in the end we did not ratify it.

In our analysis, all presidents after Mr. Habibie were mainly supported by tobacco producer’s regions. Where does their campaign money come from? Those cigarette producers are very smart. All those money has chained all the candidate. The impact are still on going until now.

Are you optimistic about the future of tobacco control in Indonesia?Now, I am not optimistic yet. Because the problem lays on our

leaders. Our leaders already hold a strong thought as if we cannot live without tobacco industries. They also knew that tobacco control will not instantly kill tobacco farmers and tobacco factories workers. However, they, once again, have been chained.

What is your opinion on the issue that there is foreign interest behind tobacco control movement?

The fact is, we were campaigning for tobacco control, far before the Bloomberg. Our stand point is the health risk of tobacco smoking. That just it.

Before the Bloomberg or any other NGO working on this issue, we already moving. The present of Bloomberg, helped us by sharing their expertises and strategies. Why are we depending on foreign aid? It is because our own government did nothing about tobacco control, which supposed to be their responsibility.

78


Each time I received this question, I will asked them back “ Philip Morris and BAT are not foreign?” It is the foreign tobacco industries who damage our nation and making our people sick, they bring the money to their country and leave the disease here with us. Philip Morris and BAT cannot be any less foreign.

So, since when does the government increasing their concern about tobacco control issue?

Since the National Commission on Tobacco Control was formed and the ministry of health at that time is Prof. A. Moeloek, tobacco control issue is on the government agenda. Fortunately, president Habibie has the same concern. During this time the government started to prepare the draft on health law. However, during the Abdurahman Wahid presidency term, tobacco control issue were weakened. The topic continue to be weakened on Megawati era until now.n

79

Stories about Top Secret Documents

CHAPTER IV Strories about

Top Secret Documents

80


81


As a journalist who has worked a lot on the issue of health and science, in October 2005, I applied for a fellowship for attending the World Cancer Congress in Washington, USA. This is an exited and rare opportunity to met cancer specialist

around the globe. In one of the session presented during the congress is regarding the correlation between tobacco smoking and cancer.

In this congress I was introduced to the TOP SECRET documents of the tobacco industry. Ross Hammond with her team from CTFK (Campaign for Free Tobacco Kids, an NGO in Washington) conducted a workshop on the tobacco industry’s documents. Just like a treasure, these documents are being studied continuously by law specialist and health specialist from many parts of the world. Studies about the documents have been published in many prestigious journal such as the British Medical Journal (BMJ) and the New England Journal of Medicine (NEJM).

Chapter IVStories about

Top Secret Documents

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During the workshop, we, journalist from various countries who are attending the congress were mesmerized by the bundle of documents brought by the team from the University of California San Fransisco (UCSF) . This team is part of a giant program developing “Digital Library of Tobacco Documents” (http://legacy.library.ucsf.edu/)

The documents brought by Ross Hammond and her team has numbers and bar code on both side of each paper. “ This is the sign of it’s authenticity. Each piece of paper legalized by the US court and lawyers from the tobacco industry who handed the documents.” said Duncan Campbell, an US investigation journalist who are actively digging these documents, who are also the moderator of the workshop in Washington.

We were very exited turning over the document’ page back and forward. It was shocking to know that the document mostly contain high level lobby, paid scientist and paid media, marketing strategies and internal communications between seven tobacco giant: Philip Morris Inc, R.J Reynolds Tobacco Company, British American Tobacco (BAT) Industries,

Brown and Williamson, The Ligget Group and The Tobacco Institute and The council for Tobacco Research and Loillard Tobacco Company.

Why did the tobacco industries handed over their internal documents which most of it were stamped TOP SECRET, CONFIDENTIAL or STRICTLY INTERNAL MEMO? Why did they exposed their own dirty practice to the public?

The mountain of documents could be a boomerang which will brought the tobacco industry into bankruptcy. Thousand law suit worth trillions of dollars will rose based on these authentic documents. It was not all about the money, the disclosure of these secret pages potentially hurting the tobacco industry’s reputation and image.

Of course the seven tobacco giant were not voluntary giving away their internal documents. The US court who made them did it. This step were taken after many consumer’s law suit were lost in court because of limited evidence. In the 1980 and early 1990, there were 800 consumer’s law suit

“Who are these persons who

knowingly and secretly decide to put the buy-

ing public at risk solely for

the purpose of making profits.”

Judge Lee Sarokin, 1992, when sentenc-

ing the 7 to-bacco giants to

handed over their internal

documents to the US court.

83


(mostly about misleading information, exaggerated claim which deceive consumers and aggressive marketing practice) but only 2 cases which were able to be processed into court. This condition were very frustrating for the public, the tobacco industry is so powerful which made them easily defeated any consumer’s law suit.

Judge H. Lee Sarokin, in 1992, during the battling of the disclosure of the industry’s documents, released a legendary statement;

“all too often in the choice between the physical health of consumers and the well-being of business, concealment chosen over disclosure, sales over safety, and money over morality. Who are these persons who knowingly and secretly decide to put the buying public at risk solely for the purpose of making profits and who believe that illness and death of consumers is an appropriate cost of their own prosperity!”

later on, a dramatic decisions came on November 1998. attorney General from 46 states in USA released a shocking order. Seven tobacco giants were ordered to disclose their secret documents to the public. This order is part of the Tobacco Master Settlement Act (MSA).

These internal memos of confessions about the the danger of tobacco smoking, lobbies to high rank officials and list of paid scientist and paid journalist are concrete evidence that the tobacco industry’s move and growth are full of tricks and dirty plays. All for expanding their market which means spreading the tobacco addiction epidemic.

Seven million documents consist of 35 million pages were flooding the US court’s ware houses. Every page were stamped and numbered which then legalized by the court and the tobacco company’s lawyer as sign of it’s authenticity. All of those internal documents were released before 1998. the tobacco industry’s also ordered to disclose their other

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A U S T R A L I A

REP.KOREA

MICRONESIA,FED. STATES OF

ANTIGUA & BARBUDA

BARBADOSST LUCIA

TRINIDAD & TOBAGO

PALAU

ST KITTS & NEVIS

ST VINCENT & GRENADINES

DOMINICA

PUERTO RICO

BAHAMAS

ZIMBABWE

UGANDA

TURKMEN


TAJIKISTAN

ARM

GEOAZER

MADAGASCAR

SRI LANKA

JAMAICACUBA DOMINICAN

REPUBLIC

BRUNEI DAR.

M A L A Y S I A

SAUDI ARABIA

SAUDI ARABIA

C H I N A

M O N G O L I A

VIET NAM

CAMBODIA

LAOPDR

THAILAND

I N D I A

BHUTAN

BANGLADESH

ISL . REP.IRAN

PAKISTAN

AFGHANISTAN

T U R K E Y

IRAQ

IRAQ

BAHRAINQATAR

UAE

OMAN

KUWAIT

YEMEN

NEPAL

K A Z A K H S T A N


C A N A D A

ALGERIA

NIGER

CHAD S U D A N

NIGERIA

C A R ETHIOPIA

ANGOLA

E G Y P T

E G Y P T

MOROCCO

LIBYANARAB

JAMAHIRIYA

TUN

ISIA

SENEGALGAMBIA

CAPE VERDE

SAO TOME & PRINCIPE

GUINEA-BISSAU

GUINEA

LIBERIA

CÔTE D’IVOIRE

BURKINAFASO

GH

ANA

BEN

NI

CAMEROONEQUATORIAL

GUINEA

GABON

NAMIBIABOTSWANA

SOUTH AFRICA

MOZAMBIQUE

MALAWIZAMBIA

UNITED REP.TANZANIA

B

R

KENYA

DJIBOUTI

SOMALIA

TOG

O

SIERRA LEONE

S

MALI

L

ERITREAGUATEMALA

EL SALVADOR

MEXICO

HAITI

BOLIVIA

PARAGUAY

B R A Z I L

VENEZUELA

COLOMBIA

HONDURAS

NICARAGUA

COSTA RICAPANAMA

ECUADOR

PERU

GUYANASURINAME

BELIZE

ARGENTINA

URUGUAY

CHILE

PHILIPPINES

NEW

ZEALAND

PAPUANEW

GUINEA

I N D O N E S I A

JAPAN


MAURITIUS

MALDIVES

COMOROS

SEYCHELLESSINGAPORE

GRENADA

MYANMAR

SOLOMONISLANDS

TUVALUNAURU

TONGA

TOKELAU

SAMOA

NIUECOOK

KIRIBATI

FIJIVANUATU

CYPRUSSYRIAN ARAB REPUBLIC

LEBANON

ISRAELWEST BANK

AND GAZA JORDAN

see inset

Tobacco Industry DocumentsLegacy website

5,000 and above

1,000 – 4,999

500 – 999

100 – 499

under 100

no data or other countries

Number of documents relating to each country found on the Legacy website of tobacco industry documents 2002

The higher the figure, the more important the country is to the industry.

Guildford:British American

Tobacco

Minnesota:Philip Morris RJ Reynolds

Brown & Williamson/BATLorillard

The Tobacco InstituteThe Council for Tobacco Research

CROATIASAN MARINO

ITALY

REP.MOLDOVA

UKRAINE

FYR MACEDONIA

LITHUANIA

LATVIA

ESTONIA

ALBANIA

AUSTRIA HUNGARY

BULGARIA

ROMANIA

GREECE

YUGOSLAVIA

POLAND

SLOVENIA

B-H

BELARUS

RUSSIANFED.

UNITEDKINGDOM

TUNISIA

IRELAND

DENMARK

FRANCE

SPAIN

PORTUGAL

GERMANY

SWITZ.

BELGIUM

LUX.

NETH.

MOROCCO

ALGERIA

ICELAND

NORWAY

FINLAND

SWEDEN


MALTA

ANDORRAMONACO

85


A U S T R A L I A

REP.KOREA

MICRONESIA,FED. STATES OF

ANTIGUA & BARBUDA

BARBADOSST LUCIA

TRINIDAD & TOBAGO

PALAU

ST KITTS & NEVIS

ST VINCENT & GRENADINES

DOMINICA

PUERTO RICO

BAHAMAS

ZIMBABWE

UGANDA

TURKMEN


TAJIKISTAN

ARM

GEOAZER

MADAGASCAR

SRI LANKA

JAMAICACUBA DOMINICAN

REPUBLIC

BRUNEI DAR.

M A L A Y S I A

SAUDI ARABIA

SAUDI ARABIA

C H I N A

M O N G O L I A

VIET NAM

CAMBODIA

LAOPDR

THAILAND

I N D I A

BHUTAN

BANGLADESH

ISL . REP.IRAN

PAKISTAN

AFGHANISTAN

T U R K E Y

IRAQ

IRAQ

BAHRAINQATAR

UAE

OMAN

KUWAIT

YEMEN

NEPAL

K A Z A K H S T A N


C A N A D A

ALGERIA

NIGER

CHAD S U D A N

NIGERIA

C A R ETHIOPIA

ANGOLA

E G Y P T

E G Y P T

MOROCCO

LIBYANARAB

JAMAHIRIYA

TUN

ISIA

SENEGALGAMBIA

CAPE VERDE

SAO TOME & PRINCIPE

GUINEA-BISSAU

GUINEA

LIBERIA

CÔTE D’IVOIRE

BURKINAFASO

GH

ANA

BEN

NI

CAMEROONEQUATORIAL

GUINEA

GABON

NAMIBIABOTSWANA

SOUTH AFRICA

MOZAMBIQUE

MALAWIZAMBIA

UNITED REP.TANZANIA

B

R

KENYA

DJIBOUTI

SOMALIA

TOG

O

SIERRA LEONE

S

MALI

L

ERITREAGUATEMALA

EL SALVADOR

MEXICO

HAITI

BOLIVIA

PARAGUAY

B R A Z I L

VENEZUELA

COLOMBIA

HONDURAS

NICARAGUA

COSTA RICAPANAMA

ECUADOR

PERU

GUYANASURINAME

BELIZE

ARGENTINA

URUGUAY

CHILE

PHILIPPINES

NEW

ZEALAND

PAPUANEW

GUINEA

I N D O N E S I A

JAPAN


MAURITIUS

MALDIVES

COMOROS

SEYCHELLESSINGAPORE

GRENADA

MYANMAR

SOLOMONISLANDS

TUVALUNAURU

TONGA

TOKELAU

SAMOA

NIUECOOK

KIRIBATI

FIJIVANUATU

CYPRUSSYRIAN ARAB REPUBLIC

LEBANON

ISRAELWEST BANK

AND GAZA JORDAN

see inset

Tobacco Industry DocumentsLegacy website

5,000 and above

1,000 – 4,999

500 – 999

100 – 499

under 100

no data or other countries

Number of documents relating to each country found on the Legacy website of tobacco industry documents 2002

The higher the figure, the more important the country is to the industry.

Guildford:British American

Tobacco

Minnesota:Philip Morris RJ Reynolds

Brown & Williamson/BATLorillard

The Tobacco InstituteThe Council for Tobacco Research

CROATIASAN MARINO

ITALY

REP.MOLDOVA

UKRAINE

FYR MACEDONIA

LITHUANIA

LATVIA

ESTONIA

ALBANIA

AUSTRIA HUNGARY

BULGARIA

ROMANIA

GREECE

YUGOSLAVIA

POLAND

SLOVENIA

B-H

BELARUS

RUSSIANFED.

UNITEDKINGDOM

TUNISIA

IRELAND

DENMARK

FRANCE

SPAIN

PORTUGAL

GERMANY

SWITZ.

BELGIUM

LUX.

NETH.

MOROCCO

ALGERIA

ICELAND

NORWAY

FINLAND

SWEDEN


MALTA

ANDORRAMONACO

86


documents released after 1998 up to 2008. However, the documents handed after 1998 tend to be more careful, less open and normative.

The seven tobacco giants were not giving away their treasure without a fight. There was a battle between the seven giants and the US attorney office. Dirty political lobbies --as it was described in movies such as “The Insider” and “Thank You for Smoking”-- were apparent, until they come into an agreement formulated in the MSA. The industry will hand in their internal documents and a huge sum of money – which some will be use for public education program on tobacco smoking risk.

While in return the tobacco giants demand the government not to charges them. Lawsuit against the tobacco industry can only be post by individuals, NGO or private companies.

The tobacco industries also has to pay US$ 206 billion for 25 years of the MSA implementation. The fund will be use for research, consumer education, and development of health facilities to care for smokers who suffer health problems. An institution, American Legacy Foundation, were formed to manage the fund. This was all under one conditions from the Industry, that the American Legacy Foundation were not allowed to pose any critic against the tobacco industry. While during the same time, many other institutions formerly worked for the tobacco industry such as Tobacco Institute, Council for Tobacco Research and Center for Indoor Air Research were closed down.

William Godshall, Executive Director of Smoke Free Pennsylvania sated that this settlement is not fair. “Giving 10% to gain eternity,” thats how he wrote it down in the BMJ, in 1999.

Regardless all critics around, we cannot deny that the internal documents mentioned in the MSA is a treasure. All

tobacco control activist around the globe should open their eyes on the fact disclose by these documents: the tobacco industry’s strategies and tricks to conceal the fact, how they consume younger market, practice lobbies with high rank officials and many other.

“The tobacco industry obliged to pay US$ 206

billion for 25 years to fund

researches, consumer

educations and development of health facilities

to care for smokers who

suffer from health problem.”

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In the beginning this mountain of documents was so difficult to handle, tobacco activist nearly can not make use of it. Health officials, activist, academicians suffocated by the huge pile of documents. “ We were overwhelmed” said Ross Hammond from CTFK in Washington in 2005.

in 2002, the World Health Organization (WHO) release the first Tobacco Document Manual. It contain explanation about the document, how to use it and the importance of the document for tobacco control program in the future. Henceforward, the document’s exploration are more directive and intensive. Scientist, tobacco control activist, law expert and journalist from around the world seriously study these document until now.

Alongside the development in information technology and software revolution, nowadays access to these documents are widely open. The documents organization and collection were made easier by scanning technology, pdf format and easy Internet access. Not just WHO, there are many other party involved in making the TOP SECRET documents are widely accessible for the public on line.

One of the most important filing process is the BAT document filing project. The BAT documents are not like any other documents which is stored in Minnesota, USA, the pile of BAT documents specially stored in a warehouse in Guilford, Surrey, in UK.

BAT are backed by expert lawyers, they played many maneuvers to limit the publics access to the documents. For example, they limit the visiting hour for only 6 hours per day (in Minnesota, it is open for 12 hour a day), visitors should come in groups (no individual visit), difficult bureaucracy and visiting permit. It takes at least 5 month before the BAT lawyers give permission to a visitor to enter the Guilford warehouse. The access were loosen a bit after the WHO posed an official complain to BAT About it.

Facing this problem, a group of tobacco control activist motorized by University of California San Francisco, US developed the Guilford File project. The objective is to make all BAT documents in Guilford be accessible on-line. “It is not an easy thing to do. The BAT ‘s lawyers often came, postponing the documentation process saying that they have to check and verify the document authenticity,” wrote the Guilford Project manager in their site www.library.ucsf.edu/tobacco.

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89


After four years of hard work, scanning each page, finally in the end of 2004, the Guilford project officially finish. Seven million tobacco’s secret documents , mostly BAT ‘s, are able to be access on-line, however there are 181 thousand missing file which cannot be uploaded on the on-line site. “ We don’t know what was there within those missing documents. It can be about the tobacco industry’s practice in your country,” said Duncan Campbell who are also involved in the project.

It is true that the documents we were talking about is about the tobacco industry’s practice in America and Europe. However, their move in Asia, including in Indonesia were also disclosed in some of the documents. Their internal memos clearly explained their big plan to conquer the world’s market.

After the World Cancer Congress in Washington, I am still amazed by the tobacco industry’s internal documents. I tried to open the Digital Library for Tobacco Document. The more I learn about it, the more open my horizon is about the tobacco industry’s power and lies. The more I understand, that the disclosure of the tobacco industry’s internal documents is a monumental step. It is a global milestone which change the face of the tobacco industry in the world. Most countries take a step forward to control the tobacco industry move for the sake of public interest, one of the step is to pushing forward a global framework, the FCTC.

The mountain of TOP SECRET documents send the world a message: the change are happening. All practices which will harm public health will be denied, demand to be change or improve. The public will not stand still after half of centuries munching the tobacco industry’s lies. It send a very relevant message to the public, health practitioners, government and tobacco industry in Indonesia.

Later on, I received an information that the Essential Action Global Partnership for Tobacco Control movement offered a fellowship to study the industry’s documents. The foundation based in Washington, US offer US$1.000 grant for accepted investigation proposals.

The TOP Secret documents sent the world a mes-sage; a change is happening. The

public will no longer be silent after a half of century being

fooled by the to-bacco industry.

90


I use the grant for our four month research, together with Farid Gaban and Alfian Hamzah (both from Kantor Berita Pena Indonesia). We scrolling after the computer screen, and found at least 3000 documents regarding Indonesia, most of it contain political lobbies with high rank officials, researchers, legislators, and journalists steering them to stand on the industry’s side. The detail of our document findings will be explained in detail on the next chapter. n

TIPS FOR TOBACCO INDUSTRY’S DOCUMENT’S RESEARCH

Visit the website : http//legacy.library.ucsf.edu/

Use the search tools, both the general and advanced. The application of general search facilities will result in a long list of documents, which may giving you a headache.

91


Advanced searchI suggest you to use advanced search tool. Use keywords to

narrow down your search. Most serious researchers tend to focus on one source (klik the available choice: Philip Morris, BAT, RJ Reynolds, Tobacco research etc.)

92


Key words and key termsThe industry’s often use technical term on their marketing

strategy. For example: Young Adult Smokers (YAS) to refer to young smokers and many of it’s variations. Use key words such as:

-Indonesia-Rising market-Young Adult Smokers (YAS)-Young Adult Urban Smokers (YAUS)-Beginner of smokers-Lobbying strategy-Scientific controversy-Legislation-Smoking issue-Chemical hazard-Addictive-Confidential strategy-Health law-Urgent Situation

Choose a certain period of time/ the year when the document were released

For example, if the documents are regarding the FCTC you should search documents released around 1995-2003. Another example, if the documents are about the Indonesian 1992 health laws, search documents around May – October 1992.

Save, save, save.....!Save your search result in pdf format or in the available book bag

tool in the website.

Happy surfing...!

93

The Relevance of Tobacco industry’s Internal Documents

Chapter V The Relevance of

Tobacco Industry’s Internal Documents

94


95


It is true that the documents I have studied together with Farid Gaban and Alfian Hamzah can be considered as “out of date.” All of those internal correspondences were released on the 1970, 1980 and the 1990. Dozens of executives from BAT, Philip Morris Indonesia, GAPPRI/

GAPPRINDO, which I have met stated that what was in the documents are history. Those were out dated practices and no longer present. “Those are all in the past. We are now living in the present time.” said Derajat Kusumanegara from Philip Morris Indonesia, in a meeting with me and Alfian Hamzah in 2006. We received the same answer written in an official reply letter from the BAT Indonesia’s management team.

O k, it is true. In fact those are documents from the past, however it doesn’t mean that those documents loosing their valuable price and not worth to study. It is in the contrary, those documents are still actual and claiming their confirmations from series of events happening in Indonesia lately.

Chapter VThe Relevance of

Tobacco Industry’s Internal Documents

96


What was written in those documents help us to understand the attitude of tobacco companies owner around the globe. Their strategy in advertisement, marketing, recruiting young smokers and women and also their move in concealing honest information regarding tobacco smoking, those were all disclosed trough millions of their internal documents. This big picture also match their practice in targeting the youngster as their market in Jakarta, Kudus, Malang, Jember or Kediri but of course with some variations.

The real confirmation of what was written in those documents are marching billboards, movie posters, music event sponsorship, and any other activities targeting the young generation. The strategy in which they are galloping to consume the young generation, as it was written in their internal documents is really happening in the field. (see: “Galloping to consume the young generation”)

One of the most shocking finding in the documents is the indication of the Industry’s interventions on legislation product, which is the tobacco industry’s intervention in the development of the 1992 Health Law. Sadly, these lobbies and interventions were undetected by mass media and the public at that time.

What was happened in 1992 rings a loud bell which echoed lately during the plenary meeting within the parliament to legalized the new health law on 14 -15 September 2009. The legal draft of the new health law in article 113 section 2, stated that nicotine which is a cigarette contain is an addictive substance. “It is a progress. After a long struggle to gain confession that nicotine is an addictive substance, only in this law draft we can put it in,” said Kartono Mohamad, one of the ITCN motor.

The joy of the ITCN activist doesn’t last long. During the legalization of the draft into health law, in 15 September 2009, the important article went missing. Article no 113 is no longer state anything about nicotine as an addictive substance. “In the draft presented in the plenary session, the day before, the article was still there,” said Kartono Muhamad who was invited to the parliament plenary meeting as an expert. “How can it be missing, just like that? The procedure is, after the plenary meeting, the hammer knocked the parliament secretary only need to pack it and deliver it to the state secretariat to be a state document,” said Kartono.

97


The situation went ugly, people were pointing finger at each other. Some politician working in the commission 9 in the parliament were suspected to be involved, some to mention are Ribka Tjiptaning (PDIP), Maryati Baramuli (Golkar) and Asiyah Salekan (Golkar). The national police investigation also indicate that some officials from the ministry of health were also involved in the stealing of the tobacco article.

It raised a wave of protest. It can never be accepted, to wipe an article in a law which is already accepted in the plenary meeting. In various occasion, Ribka mentioned the initiative to drop the article was due to objection letters from tobacco farmers. “As a prove that I accepted the farmer’s aspiration, I signed the revision draft on the article,” said Ribka. Looking from the procedural perspective, what Ribka has said as her defense is out of logic since the drafting process was already final and the draft was already accepted in the plenary meeting in 15 September 2009..

Soon after the raise of protest wave from various groups, in October 10, 2009 the missing article was officially returned into the 2009 health law draft. “We keep bringing the missing article case in to court. But until now we haven’t found any meaningful progress,” said Tubagus Haryo Kirbyanto, a lawyer from the tobacco control network. “The return of the article back into the health law, did not change the substance that there was a corruption of an article within a law.”

The drama about this tobacco article corruption in the 2009 health law is not standing on it’s own. There is a bigger context explaining the scene. The stealing of the nicotine article is a naked prove for the tobacco industry’s dirty practices, as it was revealed in their internal documents. These documents clearly showed that their effort to intervene legislation products is not a new strategy. They have done the same thing to Indonesian 1992 health Law.

Let me cite part of Dahlia Sardjono’s letter, an executive from BAT Indonesia, to Dr. Sharon Boyse, BAT’s executive in their central office in London, UK. The document code number is 304046112, dated 5 August 1992.

although the missing article was returned,

it does not change the fact that there was a corruption attempt, to

erase an article within a state

legislation.

98


Lost in Chairwoman’s Room

The coalition pointed the chief of the health commission in the parliament Ribka Tjiptaning as one of the intellectual actors behind the missing article. While Ribka accused the coalition's coordinator Kartono Muhamad, and one of it's member, Hakim Sorimuda Pohan for destroying her good name.

Scandal of the missing article about tobacco in the 2009 health law which mentioned tobacco and tobacco products as an addictive substance has not finished yet. The coalitions for anti corruption of tobacco article demand the actors behind the mysterious disappearance of the mentioned article to be legally punished, although the lost tobacco article has been put back in it's place. C

MYSTERY OF TOBACCO ARTICLE

2000Revision for health law was first brought up in the parliament

2004Megawati Soekarnoputri as president did not sign the revision of the health law. Once again the revision was brought back to the parliament house (period 2004 - 2009) for discussion.

2008The tobacco article was inserted into the the health law revision's draft.

2009 11 SEPTEMBER A meeting was held in the chief of health commission's office, in the parliament, Ribka, Faiq Bahfen, and Budi Sampoerna decided to modified article 113 of the health law, by erasing point 2 of the article. It made the mentioned article only has two point, not three as the former draft.

13 SEPTEMBERThe revision of the health law signed by President Susilo Bambang Yudoyono.14 SEPTEMBERThe plenary session in the parliament legalized the revision of the 2009 health law.

SEPTEMBER 15th A staff from the health commission's secretariat office, informed Kartono Muhamad if the article 113 was then only contain 2 point.

16 SEPTEMBER The health law revision which no longer contain an article which clearly stating tobacco and it's product as an addictive substance was sent to the state secretary's office.

24 SEPTEMBERRibka was reported to the parliament's honorary council29 SEPTEMBERHakim Sorimuda Pohan sent letters to the chief of the health commission and the chief of the parliament house to return the missing article back to it's place.

13 OCTOBER The minister of state secretary, Hatta Rajasa, returned the revision draft of the health law back to the parliament house asking them to insert the tobacco article back it it's place.

13 OCTOBER The chief of the health commission of the parliament, the ministry of law and human right and the ministry of health signed a document stating that the article 113 point 2 was inserted back into the health law.

ROOM STAFFSECRETARIATCOMMISSION IXTHE PARLIAMENT

Novita

“The clear statements about tobacco as an addictive substance within the health law is the spirit

of the law, if it went missing it will cause a great problem.”

KARTONO MOHAMADCoordinator of the coalition for anti corruption

of tobacco article

“Research in 2007 found, amongst 65 millions smokers in Indonesia, half millions of

them are children.” ABDILLAH AHSAN

Researcher from University of IndonesiaUNIVERSITAS INDONESIA

“This health law only accommodate the health

interest, it abandoned the farmers interest.”

NURTANTO WISNU BROTOHead of Indonesia Tobacco Farmers

Association, Central Java

“This law is discriminative, why is it only tobacco which

is clearly stated as an addictive substance?”

BAMBANG SUKARNOHead of The Temanggung District

Parliament

PRO PARAGRAPH TOBACCO CONTRA

THE CHAIRMANCOMMISSION IX OF PARLIAMENT

MEETING ROOMOF THE IX COMMISSION OF THE PARLIAMENT

Ribka Tjiptaning

Faiq Bahfen,the former Inspector General of the Department of Health

Budi Sampoerna,Head of LegalDepartment of Health

Asiyah Salekan

Mariani Akib Baramuli

65 millionsSmokers in Indonesia

240 billions unitAnnual cigarettes production in Indonesia

240 billions unitAnnual cigarette consumption in Indonesia

Rp 57 trillions The state income from tobacco tax

6 millionsTobacco and clove farmers in Indonesia

DATA 2008

Adrian Agus Widodo

Tri Udiartiningrum

1The meeting in

the office of the chief of the parliament's health commission was held,

attended by Ribka, Asiyah, Faiq Bahfen and Budi

Sampoerna which decided to erase point 2 of the 113 article of the Health Law.

2Ribka informed

Tri Udiartiningrum, the head of the health

commission's secretariat and Novita a member of the health

commission expert staff about the change made on

the 113 article.

3Faiq and Budi read

the changed redaction to Adrian and Agus Widodo (staff members of the health

commissions secretariat office), in which article 113 point 2

already erased.

4Mariani Akib

Baramuli was invited later on to sign

the changed redaction of

the 113 article.

TEXT: SUTARTOCONSTITUTIONAL COURTSOURCE:

TOBACCO CONTROL SUPPORT CENTRE,AND INTERVIEW

ILLUSTRATION: HENDY PRAKASA

PARAGRAPH TOBACCO

20109 MARCH The head of local parliament of Temanggung District, Central Java, Bambang Sukarno posed a Judicial Review on tobacco's article in the 2009 health law to the constitutional court.

18 MARCHThe coalition for anti corruption of tobacco article reported Ribka, Asiyah and Mariani to the national police headquarter.

SEPTEMBER 7thCases declared Ribkah Degree and two friendsnamed as a suspect.

24 SEPTEMBER The article 113 point 2 which once went missing

THE LOOSING OF ARTICLE 113 VERSE 2

“Addictive substances, as referred in the first (1) point of this article

include: tobacco and product contains tobacco, solid, liquid or gas which is addictive and

the use will cause harm for the it's user or/and the society”

99

ROOM STAFFSECRETARIATCOMMISSION IXTHE PARLIAMENT

Novita

“The clear statements about tobacco as an addictive substance within the health law is the spirit

of the law, if it went missing it will cause a great problem.”

KARTONO MOHAMADCoordinator of the coalition for anti corruption

of tobacco article

“Research in 2007 found, amongst 65 millions smokers in Indonesia, half millions of

them are children.” ABDILLAH AHSAN

Researcher from University of IndonesiaUNIVERSITAS INDONESIA

“This health law only accommodate the health

interest, it abandoned the farmers interest.”

NURTANTO WISNU BROTOHead of Indonesia Tobacco Farmers

Association, Central Java

“This law is discriminative, why is it only tobacco which

is clearly stated as an addictive substance?”

BAMBANG SUKARNOHead of The Temanggung District

Parliament

PRO PARAGRAPH TOBACCO CONTRA

THE CHAIRMANCOMMISSION IX OF PARLIAMENT

MEETING ROOMOF THE IX COMMISSION OF THE PARLIAMENT

Ribka Tjiptaning

Faiq Bahfen,the former Inspector General of the Department of Health

Budi Sampoerna,Head of LegalDepartment of Health

Asiyah Salekan

Mariani Akib Baramuli

65 millionsSmokers in Indonesia

240 billions unitAnnual cigarettes production in Indonesia

240 billions unitAnnual cigarette consumption in Indonesia

Rp 57 trillions The state income from tobacco tax

6 millionsTobacco and clove farmers in Indonesia

DATA 2008

Adrian Agus Widodo

Tri Udiartiningrum

1The meeting in

the office of the chief of the parliament's health commission was held,

attended by Ribka, Asiyah, Faiq Bahfen and Budi

Sampoerna which decided to erase point 2 of the 113 article of the Health Law.

2Ribka informed

Tri Udiartiningrum, the head of the health

commission's secretariat and Novita a member of the health

commission expert staff about the change made on

the 113 article.

3Faiq and Budi read

the changed redaction to Adrian and Agus Widodo (staff members of the health

commissions secretariat office), in which article 113 point 2

already erased.

4Mariani Akib

Baramuli was invited later on to sign

the changed redaction of

the 113 article.

TEXT: SUTARTOCONSTITUTIONAL COURTSOURCE:

TOBACCO CONTROL SUPPORT CENTRE,AND INTERVIEW

ILLUSTRATION: HENDY PRAKASA

PARAGRAPH TOBACCO

20109 MARCH The head of local parliament of Temanggung District, Central Java, Bambang Sukarno posed a Judicial Review on tobacco's article in the 2009 health law to the constitutional court.

18 MARCHThe coalition for anti corruption of tobacco article reported Ribka, Asiyah and Mariani to the national police headquarter.

SEPTEMBER 7thCases declared Ribkah Degree and two friendsnamed as a suspect.

24 SEPTEMBER The article 113 point 2 which once went missing

THE LOOSING OF ARTICLE 113 VERSE 2

“Addictive substances, as referred in the first (1) point of this article

include: tobacco and product contains tobacco, solid, liquid or gas which is addictive and

the use will cause harm for the it's user or/and the society”

100


Re: Indonesian forthcoming law on healthThe industry had a meeting last Friday to discuss the above mentioned.

The situation is quite urgent as the Ministry of Health tend to publish the legislation for the 19th September, In fact, the legislation will focus on abortion and pharmaceutics. On the pharmaceutical chapter, the subject analyzed will be the medicines using chemical addictive. During that session by one of the member party, nicotine is claimed to be an addictive substance although it does not specifically stated that this claim will appear in the forthcoming law. This claim might strongly influenced the anti smoking body to develop view that nicotine is addictive and is definitely refer to tobacco/cigarette market (apply to all kind cigarette) that cigarette sales will probably be controlled like other addictive substance i.e drugs. Furthermore, we presume that they will bring this session up to the House of Representative and give sanction into a peace of legislation.

As well as the proposal in relation to ingredients, what are they going to reflect to. Whether it inquires the ‘recipe’ or ‘generic’ or other interpretation that we would not wish to disclose.

All chapter of the legislation will be clarify in the Government’s Implementary Regulation section. Therefore it is important to know the Implementary Regulation to clearly understand the exact perceptions of both chapters. The industry (BAT, Rothmans, Djarum, HM Sampoerna/RJR, Bentoel/Philip Morris and GAPRI/GAPPRINDO) will approach the Government Institutions to have the possibility to influence the context of the said draft law. For lobbying , we are going to use three booklets on smoking and environmental tobacco smoke that we received recently from Millbank (The science, The scientific controversy, habit or addiction). However, we would be grateful if you could give us more informations of similar matter that has happened in other countries, for us to be able to use as comparative study.

With regard to this situation, the Cigarette Association (White and Kretek) feel that inviting some key members (two persons) of the parties involved in Commission 9 of the House of Representative by whom the draft law will be executed, to attend our Media Briefing in Bali could be very useful. Your view on this suggestion is much appreciated.

***

101


On 24 September 1992, Dahlia sent another letter to Dr. Boyse, which reported the “progress” reached regarding the issue on the article about nicotine as an addictive substance in the 1992 Health Law. This letter coded 304044598.

I have good news for you regarding the draft legislation. It has been signed officially on 17 September chapter 44 disclosed about the safety of using addictive substance without further mentioning any particular substance i.e. nicotine. Thank you for your briefing to some member of parliament the other day in Jakarta. We will not stop here, we’ll still have further lobby with Director General of Medicine and Food Control of the Ministry of Health and later the Minister of Manpower also to Department of Excise, and other party concern with our industry.

The correspondences between Dahlia Sardjono – Sharon Boyse explained the context of the missing article in the 2009 Health Law. The confession on nicotine as an addictive substance is not a new thing, every cigarette package mention nicotine will cause addiction and health impact. The Phillip Morris International official website also mention such fact: nicotine has been identified by public health authorities as addictive substance in tobacco smoke.(www.pmi.com/eng/our_product/whats_in_smoke/pages/whats_in_smoke.aspx)

The big difference will happen if this fact then inserted into legal product. The consequences will be a lot bigger. Once nicotine is mentioned as an addictive substance, that will make cigarette as related product will have to follow the regulation applied to other addictive substance such as alcohol and drugs. The marketing of this kind of product will be regulated, it can no longer be aggressive an open. That is why, as it was written in Dahlia’s letter to Boyse, it is the industry’s interest to prevent the article about nicotine as an addictive substance to appear.

Dahlia’s letter also mentioned that the tobacco industry is in agreement on this mission to prevent the article on nicotine being inserted into the Health Law. They are BAT, Rothmans, Djarum, HM Sampoerna/RJR, Bentoel/Phillip Morris and GAPRI/GAPPRINDO. In conclusion, this is not for the benefit of one or two companies, this is for the tobacco industry in general.

102


103


104


It is a pity, Dahlia Sardjono, now owned a company named Idea-Marcomm, refused to be interviewed about this matter. Dahlia confirmed that in the early 1990 she was BAT Indonesia’s employer. However, regarding documents mentioned in this book, she refused to comment. “There are other people who are more competent to answer it.” said Dahlia in her e-mail to me, in July 2011.

How about the similar case, the missing section 2 in article 113, in the 2009 Health Law? Whether the tobacco industry has anything to do in this case?

In various occasion, Ribka Tjiptaning a parliament member from PDIP party denied on the present of any intervention. “We are accused for receiving hundreds of billions from the Industry. It is not trues,” said Ribka

in a press conference, not to long after the case was disclose.

Sadly, the industry refused to be interviewed regarding the scandal of the missing section. The rumor spreading that the industry was giving away hundred of billions behind this missing section. However it was difficult to prove. Using various excuses, the industry turned down our permission for interview trough their lawyer Parlindungan Sibuea.

For the time being, the case of the missing section is still a mystery until further investigations are conducted to reveal what was really happening in Senayan during those days. “It is hard to believe that the Industry did not involved in this case of missing

section in our 2009 Health Law.” said Dr. Kartono Mohamad, one of the motor for KAKAR – Koalisi Anti Korupsi Ayat Rokok (the coalition against the corruption of tobacco section). “Because we have the same history, as it was proven in the documents, in 1992, there was an indication that the industry in heavily involved in this kind of matter.” looking back to our prove in 1992, we have every right to suspect there was an involvement from the industry. “But, in so far it has not been proven yet. It still mysterious,” said Kartono.

Back to the industry’s TOP SECRET documents, we have to dig and find out. To learn various practices done by the tobacco industry to expand their business, which is aggressive and often ignoring public safety. This expansion only moved by the intention to earn profit as it was

“..these thousands of documents, show us the

fact, that they have ran their

business unfairly in the past”

105


written by Ross Hammond from the Campaign for Tobacco Free Kids, in her article ‘ Addicted to profit: Big Tobacco’s Expanding Global Reach’. “The cigarette industry has a long history in their effort to deceive the public,” said Hammond.

Executive from various multinational tobacco companies (BAT, Philip Morris, etc) may say that these documents are no longer relevant. “It was in the past. We are working today.” that was the comment of one executive from BAT Indonesia. However, this millions of documents at least show us the fact that they have the history of running the business unfairly. And, no one are able to guarantee these kind of practices are over now. It is more likely to happen, giving the situation in Indonesia which has a weak law enforcement, ignorance government and the majority of the population are having low education level.

The solid conclusion from this mountain of documents is: the industry works systematically in selling doubt and controversies. They has some kind of game instructions, white book, play book which are applied by their lawyers, lobbyist, to executives, scientist and also government officials friend to the tobacco industry. In a report titled “A Question of Intent” a commissioner from the US Food and

“Cigarette smoking has not

yet proven to cause cancer...this statement is repeatedly poured to the

public mind, in order to raise

doubt and controversy”

106


Drugs Administration - FDA wrote:

In the 1950 and 1960, the tobacco industry has a strategy which wrote by their lawyers. All of the tobacco industry’s executives, in order to face the public, have to study this paper from the beginning all trough the end, no deviation accepted. The basic premise used is simple, that tobacco has not been proven to cause cancer. It has not been proven, it has not been proven, it has not been proven --- they intensively repeat this strategy. Always inject some doubt to the public mind, creates controversy, don’t ever leave the planed track. This is a simple plan and it is effective.

This strategy to creates doubt and controversy is in fact an effective one, especially amongst society who love to seek rationalization for their addiction. Cancer is not only caused by tobacco smoking, there are thousands other factors contribute to it. Moreover, nicotine is only “strongly suspected” to cause cancer, it is not 100 % causality relationship. Regarding pollution, tobacco smokes is not the only one polluting the air. These are some examples of controversies they often raised.

In the case of Indonesia, this strategy to raise controversy is apparent in BAT’s document (http//legacy.library.ucsf.edu/action/document/page?tid=xyg10a99). It was September 24, 1994, an article was published in the Jakarta Post daily newspaper. The title,”Smoking kills about six people every minute, study says” which was written by Patricia Rooney. This article looks like an ordinary article, nothing is so special about it.

Nevertheless, it was a big deal for Dahlia Sardjono from BAT Indonesia. She immediately sent a letter to her big boss, Sharon Boyse, in BAT head office in London. In her letter Dahlia

wrote, “You may open an article published in The Jakarta Post today. The articles with shocking headlines always coming from international news agency. We need your support to send a balance response. Therefore, our contact or writer will be able to write with the same portion.

This letter show, BAT has an interest to light the doubt and make

tobacco industries come in to agreement

to prevent the presence statement regarding nicotine as

an addictive substance in

the health law. They are: BAT,

Rothmans, Djarum, HM. Sampoerna/RJR, Bentoel/Phillip Morris, and GAPRI/ GAPPRINDO

107


room for controversy. Dahlia asked Boyse’s advise to move their network, such as columnist or scientist which worked in their favor to write a “proportionate” respond.

This basic move to raise controversy is also underlined by KM.Cummings, A.Brown, and R o’connor in their paper “The Cigarette Controversy.” The was published in the journal of Cancer Epidemiology, Biomarkers & Prevention in 2007. they wrote,”If the last 50 years has teach us something, it is that we cannot trust the tobacco industry to put the public interest above their interest for profit. Regardless anything they have said.

After learning about the tobacco industry’s internal documents, I hope the public and the government will enacted a comprehensive law which will stand on the consumer’s side. “We have to make sure that the tobacco industry will conduct a fair practice now and in the future,” said Hakim Sorimuda Pohan.

The law draft on the law to control the impact of tobacco product, voted by 200 members of the parliament in 2007 is one of the effort to ensure the industry practice will be more fair. Sadly, until this very moment the fate of the law draft to control the impact of tobacco product has not been decided yet.n

108


109


Joining Forces to Rob Consumer’s Right

By: Alfian Hamzah*This article was first writte in the middle of 2006

Three month we sat in front of the computers to dig the online treasure of the seven tobacco giant’s documents. We were shocked.

Those memos tell a story about a big job. The job of the tobacco industry to spread a global epidemic: the tobacco addiction.

Reading the top secret memos, I started to understand why the number of tobacco addict in the developing world, especially in Indonesia, is increasing. The World Health Organization (WHO) stated the increase of tobacco consumption in Indonesia in the

1990 is the highest in the world, it was going up by nearly 50%, while in the developed world the number is decreasing. Specifically, WHO mentioned that ten out of fifteen Indonesia’s adult men are routinely smoking cigarette, especially those who live in the city like Jakarta.

It is true that these documents are out of date, most of it recorded the activities of the industry in the 1960 until the early 2000. The mountain of documents is not specifically focused on their practice in Indonesia. However, we can learn the global attitude of tobacco companies trough these documents. Their moves to put the world in their claws and squeezed profit from it.

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“we found 28.000 BAT Indonesia’s

internal documents....Most often,

one document contain 200-500 pages which has to be read carefully.”

For three month, we gathered and study more then 28.000 documents from BAT Indonesia in the digital library of University of California, San Francisco. At the same time we also accessed the Legacy Tobacco Documents library, a public site in the US, which published the internal documents of tobacco giants such Philip Morris, RJ Reynolds, Lorillard and Brown and Williamson.

This was not an easy task, in some occasion we were chocked by the mountain of documents. There was no easy manuals explaining on how to study these documents, especially in term of which key words should we use for the search engine, it was all about trial and error. It was made worse, by the huge number of documents, seven million in total, while in the other hand we have a poor quality of our internet connection.

We started to explore both digital library using some keywords such as “ingredients”, “smoking issue”,”chemical hazard”, “additives”, “Indonesia,” and “legislation”. We assumed these keywords will open the door to documents regarding their moves in advertising, production, marketing and scientific research of some tobacco products. Later on, we also tried the tobacco industry’s technical terms as keywords such as YAS (Young Adult Smokers), YAUS (Young Adult Urban Smokers), YAFS (Young Adult Female Smokers), and YAMS (Young Adult Male Smokers). Eventually, the labyrinth of the treasure cave disclosed. These are some points which the public worth knowing:

The Gang of Tobacco Industries

They are rivals, they will knock each other down if needed. However, in some crucial events they have no hesitation to gangs up. They get closer to each other for the same mission: to defend their market.

In 1992, the ministry of health prepared a draft on the new Health Law which will positioned the tobacco industry in the same place as food and beverages companies; they will have to place the composition and ingredients used in their product in the cigarette packages as well as it’s expired date. “In order to protect consumer from consuming addictive substance which is not

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“..not a single one of the cigarette

producers can guarantee the compositions

of their products meet

the health standard..”

fulfilling the standard of health,” that was written in the draft.

The draft of this 1992 Health Law was following similar regulations in some developed countries, such as Kanada, New Zealand, USA and even Thailand as a fellow developing nation. Although the kind of surveillance method and the kind of information should be displayed on the cigarette packages are different in each countries, this kind of regulation is still a nightmare for the tobacco companies. Andrew Young, one of the BAT executive in Thailand, mentioned this kind of regulation will harm our industry for a long time.

This anxiety is understandable. Once the ingredients is published, it will open the door for the government to monitor all chemical substances used by the tobacco company. While in the other hand, none of the cigarette producers are able to guarantee each composition within their product is attaining the health standard. “In the most simple way, majority of people believes that cigarette can trigger serious diseases,” said Andrian Payne, one of BAT executive in London, in a paper titled “Smoking & Cigarette Technology.” “There is no safe cigarette.”

They could imagine what will happen to them if the government found one chemical substance they have used in their cigarette ----more over if it was the synthetic aroma which made their cigarette famous, for example --- doesn’t pass the health standard. They will be ordered to recall their product from the market or change their formula. This will decrease their profit. A small dooms day.

This shadow of anxiety is clearly shown in the BAT Indonesia correspondences, the producers of Dunhill, Lucky Strike, Ardath, Commfil and Kansas with their parent company in London. A letter dated 5 August 1992, one month before the publication of the Health Law, recorded it all:

The situation is quite urgent as the Ministry of Health tend to publish the legislation for the 19th September, In fact, the legislation will focus on abortion and pharmaceutics. On the pharmaceutical chapter, the subject analyzed will be the medicines using chemical addictive.

During that session by one of the member party, nicotine is claimed to be an addictive substance although it does not specifically stated that

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In Thailand, Phillip Morris

and BAT joined forces

to prevent the implementation

of tobacco regulation by using the help from the US,

British and the Japan embassy

all at once

this claim will appear in the forthcoming law. This claim might strongly influenced the anti smoking body to develop view that nicotine is addictive and is definitely refer to tobacco/cigarette market (apply to all kind cigarette) that cigarette sales will probably be controlled like other addictive substance i.e drugs.

This initiative coming from the Ministry of Health made the tobacco industry marched closer to each other and forget about their differences. In Thailand, Philip Morris and BAT worked together to impede such regulation by using the US, UK and Japan embassy all at once as their shield. The same moment brought together the tobacco industries in Indonesia. Producers of white cigarette like BAT and Philip Morris joined forces with kretek giants such as HM. Sampoerna, Gudang Garam and Bentoel. As it was written in Dahlia’s letter to London office:

The industry (BAT, Rothmans, Djarum, HM Sampoerna/RJR, Bentoel/Philip Morris and GAPRI/GAPPRINDO) will approach the Government Institutions to have the possibility to influence the context of the said draft law.

The next day, from London, Sharon Boyse explained in detail how to lobby the government. This is par of the Boyse suggestion for Dahlia if the government kept on insisting for the cigarette producers to disclose their ingredients:

Give them list of ingredients which are permitted to use in some countries. Countries which have this kind of list are UK, Germany, France, Belgium and Swiss. Each of the tobacco companies will have to ensure the government that all the ingredients they use are in the list. We have tried

this approach in New Zealand and Thailand. Before giving such assurance to the government, we have to check to our Research and Development in South Hampton, whether all of our cigarette in Indonesia are in accordance to the list.

In the same letter, Boyse suggested BAT Indonesia to offer the government an American style of surveillance method, if the first option is rejected. In the US, she said, each tobacco company will point and

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I have a good news for you regarding the draft legislation. It has been signed officially … chapter 44 disclosed about the safety using addictive substance

without further mentioning any particular substance i.e nicotine. Thank you for your briefing to some member of parliament the other day in

Jakarta. We will not stop here, we’ll still have further lobby with Director General of Medicine and Food

Control …

Dahlia letter to Boyse

hand over their complete ingredients to a specific law firm. List from each companies then be compiled into a complete list of ingredients used by all of the tobacco companies. “I hope the government of Indonesia will be satisfied with this. If this approach failed, they might ask list of ingredients from each companies, ever worse for each brand. Therefore, lobbies for the two previous option is very important.” she said

So far, it is hard face the fact disclosed in this correspondence: the tobacco industries gang intend to teach the government on which part should be or shouldn’t be regulated --- although they cannot guarantee the safety of their commercial product. But that is the fact, the irony is they are successful in their lobby.

In her letter dated 24 September 1992, Dahlia wrote:

I have good news for you regarding the draft legislation. It has been signed officially on 17 September chapter 44 disclosed about the safety of using addictive substance without further mentioning any particular substance i.e. nicotine. Thank you for your briefing to some member of parliament the other day in Jakarta. We will not stop here, we’ll still have further lobby with Director General of Medicine and Food Control of the Ministry of Health and later the Minister of Manpower also to Department of Excise, and other party concern with our industry.

It was not only about their intervention on the 1992 Health Law,

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“for the tax matter, their

lobby has infiltrated the presidential

palace and the parliament in

Senayan”

further exploration also show their lobby went far beyond that. For example, their lobby about tax it was penetrating the presidential palace and went trough the parliament building in Senayan. They lobbies also reached various related departments, from the departments of industry until the directorate general of custom in the ministry of finance. The difference is, in this tax matter, the industries are not in the stand.

One of the trigger is the Ministry of Finance decision which change the taxing system from tax for each unit into tax generated based on the production volume and retail price which enacted in 1 April 1999. Due to this new regulation, some of the tobacco companies, especially Kretek producers are having some spaces and pay only relatively small tax it even smaller then the sum they have to pay during the Soeharto era. While in the other hand, this tax system made companies like the BAT Indonesia have to pay huge sum of tax. In one of his letter, the Director of BAT

Indonesia, Mark Jennings stated: if it is not changed this tax system will harm the 80 years of the company’s investment in Indonesia.

“We need six month to flipped this tax regime,”said Mark Jennings in an e-mail to his colleague in Germany and England on 10 October 1999. In the e-mail he mentioned that the success gained due to many friends within the Ministry of Health’s office. He mentioned his most countable contact is Dipo Alam, expert staff of the coordinating minister of health and welfare during those time. “They are the one who are successfully pushing the change on the tax system to the

directorate general of custom,” he said while referring the directorate of custom as “Tochtergesellescharft” child company of Gudang Garam.

In the same letter, Jenningss wrote that Dipo Alam visited one of BAT laboratory for tar and nicotine level test in Germany and one of the government’s laboratory. “Of course, we paid for all the travel expenses,” he said. Dipo Alam refused to be interviewed about this matter. In a short telephone conversation in mid 2006, he mentioned “he forgot” many of his activities during his time as an expert staff in the Coordinating Ministry of Economy.

The BAT document mentioned the context behind Dipo’s intention

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Dipo Alam wants to visit the BAT’s tar and nicotine

laboratory in Germany...and of

course we will pay for all of his travel

expenses..Marx Jennings correspondence (BAT Indonesia)

to visit Germany: the enactment of the government regulation on protection from tobacco smoke right about a week before Jennings wrote his e-mail. “Beside revision on tax regulation” Jennings said in his letter, “The government also released a new regulation on protection from tobacco smoking, which require cigarette producers to cut their tar and nicotine level to half, 20mg tar and 1,5 mg nicotine in each cigarette. Now they are in defensive position.”

Regarding the new regulation on the limit for tar and nicotine, he said that Indonesian government is “stupid”, they no nothing about how to measure tar and nicotine level. “Our friend....staff of the Coordinating Ministry of Economy, the most senior, wish to visit one of the BAT laboratory and if it possible also to visit government owned laboratory to directly observed the process in measuring tar and nicotine,” he said. “Of course we paid for all the travel expenses.”

Paid Scientist

The tobacco industry’s joined forces also aggressively approaching the media and public figures trough various discussion and briefings. These kind of approach will be more intensive during the times when the parliament or the government are preparing legislation draft s on tobacco.

One of it was recorded in the BAT document regarding a media briefing conducted on February 1995, in Surabaya. This event was attended by officials from the East Java Health Authority, doctors and journalist from various national mass media. One of the speaker on that occasion was Christoper Proctor, former BAT research staff, which in the seminar was referred as “Independence scientist” from London.

In one of the document, Dahlia Sardjono mentioned that this event is a perfect way ton control every participants present in the seminars, including government officials. “The government of Indonesia” she said, “is still open to any information, and they event supported the industry’s effort to put all problems regarding tobacco smoking in it’s appropriate

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place, they want to hear the different perspective, so this is our chance to wash their brain.”

Apart from our findings regarding such “brain washing” forum, we also found in the middle end of 1980, the tobacco industry also recruited three Indonesian scientist to steer the publics opinion that indoor tobacco’s smokes in public places such as restaurant, offices and malls (Environment Tobacco Smoke/ETS) is relatively harmless compared to the smoke coming from cars and any other motorized vehicles. This recruitment, as it was mentioned in the industry’s document, was part of the Scientific Consultation Group on Environment Tobacco Smoke, a working group initiated by Philip Morris, RJ. Reynolds and Rothmans since 1989.

this working group developed with one mission: to raise controversies regarding ETS regardless the fact that tobacco smoke contain more then 4.000 chemical substances in which 250 amongst them categorized as hazardous. Therefore, they need “independence scientist”, who has the competencies and willing to give their “scientific advice” – to voice the interest of the tobacco industry that in so far there has been no conclusive prove about the danger of tobacco smoking in public places.

Izhar M Fihir, a lecturer in the faculty of public health, University

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“..they need “independent

scientist” who have the

competencies and willing to give their “scientific view” to speak

for the industry’s interest..”

of Indonesia, was one of the three Indonesian scientist mentioned. They were recruited by Covington & Burling, a law firm bridging the tobacco industry and twenty “independence scientist” across Asia. “my involvement was only minor...and fully professional, said Ihzar in two different interviews in Jakarta in the middle of the year 2006. the documents showed that Izhar attended two seminars on Indoor Quality air in Manila, the Philippines and in Seoul, South Korea. Within those two events, which were fully funded by the “tobacco industry”, Izhar shared his experiences and knowledge about the quality of air in Asia.

Based on Izhar, he never has a direct contact with BAT Indonesia. His contact, he said only trough the Covington & Burling staff. One of them, he recalled was Christopher J. Proctor, a young lawyer, who previously worked as Research and Development staff of BAT in South Hampton, London.

Izhar also said that Covington asked him to organized a seminar titled “Indoor Air Quality” in Hilton Hotel, Jakarta in 1991. as a consultant, Ihzan was paid US$ 300 per hour. The seminar, he said, was attended by expert from various discipline background, some to mention are environmental health expert, landscape expert and lung specialist. “It was a free seminar, BAT paid for all,” he said.

The BAT internal document has shown us, this is their favorite pattern of cation in spreading opinion in their favor. Until the end of the seminar, there has been no single word mentioning the danger of tobacco smoking in public places. The discussion about the quality of air within the seminar most of the time only focused on various kind of air pollution caused by motorized vehicle.

No one ever know that the seminar was free of charge, all expenses were covered by BAT. The knowledge gained by many doctors and scientists attending the seminar were only limit to what has been written on the paper of the seminar: University of Indonesia, Department of Work force and the UK’s Department of Trade and British Council.

After that seminar, Izhar was resigned as the tobacco industry consultant and his place were taken by one of his colleague from University

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of Indonesia. The documents show there are two other lecturer from the University of Indonesia (Dr. I. Soedirman and Dr. H. Kusnoputranto) also mentioned within the Indoor Air International confidential list of members, an organization funded by the Philip Morris and Bat in the 1990.

later on, the tobacco industry’s effort to conceal the danger of passive smoking from the public eyes were ruined. In January 1993, the US Environment Protection Agency (EPA) declare ETS as human

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the tobacco smoke in public

places posed serious and fatal risk for non smokers,

especially children..”EPA

1993

carcinogen, substance that can caused cancer as dangerous as asbestos and any other lethal substances. Specifically the EPA mentioned that tobacco smokes in public places caused a serious risk and fatal for non smokers, especially children. However, five year later, in 1998, a court in a district in North Carolina, based on a lawsuit from the tobacco industry, rejected the mentioned EPA report. The court belief there was no substantial scientific evidences in the previous verdict and the EPA was failed to demonstrate the strong correlation between passive smoking and various kind of diseases.

The tobacco industry could inhale a deep breath after that, but no for long. The next few month, the verdict was revisited. EPA won the case, after they showed the court that BAT has paid scientists to manipulate the public opinion regarding passive smokers.

“I hold a suspicions from the beginning,” said Izhar remembering his early involvement in the “scientific events” in Seoul, Manila and Jakarta. Izhar stated to us “It is all the tobacco industry’s trick. Tobacco smoke is carcinogenic, it is as poisonous as asbestos. Thats all.”

The BAT Indonesia take a different stand regarding this matter until today. “Our perspective on the issue of passive smoker,” said Melanie Kridaman, BAT representative in a written interview in the middle of 2006, “is, we are supporting any effort to accommodate the right of adult smokers for indoor smoking, such as the separate area for smoking and the present of smoking room with adequate ventilation.” n

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Tobacco advertisement always stands up. It is “cool”, that is the comment often heard regarding tobacco advertisement. It some times also create smile in people’s face after watching the advertisement on the television. “It makes me remember the old

times,” said one of my friend while watching the advertisement showing a band of young guys eats in a food stall and only ordering rice and the water of the soup since it was free to tricked their condition, because they only has small sum of money left.

“Supported by ever flooding fund, they are the best in playing in the “insight” territory’” said Ridwan Hasan, a communication expert. Insight within the advertising definition is an area which is able to touch the consumer’s psychology. After watching such advertisement, the consumer instantly able to associate them self to the subject and topic raised in the adds. “The consumer will think: its me,” said Ridwan in an interview.

Destroying The Young Generation

By : Mardiyah Chamim(This article was first written in the middle of 2006)

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The impact is great, the consumer will strongly remember the brand images of the product. And they might turn out to be a loyal consumer to such brand.

The themes of tobacco adds are various example wild life adventure, musical achievement, success in sport, success in social life, easy to get a girl, polite young generation, miss your homeland and also some rebellious theme. All of these subjects are very close to the youngster.

Of course the hidden message “keep smoking” were wrapped with a cool package. In the case of Bentoel for teenagers, which was released by Bentoel company in the 1970 in which was protested by religious leaders and health activist has given the industry a lesson. They have to deliver their message in a sophisticated way.

It is still warm in our memory a rebellious adds of LA light cigarette, produce by Djarum, which raised protest because of it’s tag line, “Be careful, the police are sleeping. Just enjoy.” The police department felt offended and planed to send an objection letter to Djarum company and their advertising agency. “This adds is clearly offending us,” said inspector general Sisno Adiwinoto, who was the Head of Public Relation of the National Police Department in 2006.

The way of the police department acted might be right but might be over reacted. But the message of the adds is really reflecting the reality in the field, often felt by youngster. The youngsters love the cynicism toward official authority, like it was raised in this adds.

Jimmy, a source from a famous advertising agency, who wish his identity to be concealed, stated that it is true the youth market is really the center of the industry’s

marketing target. “Client always asked us to focus the adds on the young consumer,” said Jimmy who works for a famous international advertising agency. Officially, they are targeting consumer between 18 to 30 years of age. However, in the reality, the adds often also grabbed the attention of younger spectators below 18. “Our client has no objection to it. They even being grateful,” said Jimmy in laughter.

“ the Teenage Bentoel cigarette which protested by Ulama and health activist

give the industry an important lesson, now they have to deliver their

adds in a more sophisticated way

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In various meetings, Jimmy’s clients, the tobacco companies always stressed on the importance of young smokers for them. These young generation, battling to seek their identity are the one who will kept the industry’s breath until years to come. “This is because cigarette product are strongly related to loyalty,” said Jimmy. It is very difficult to offer a new cigarette brand to a tobacco addict. Therefore, the young consumers – still trying various brand which will fit them, has to be recruited and safe guarded.

How will they safe guard the youth market? The Industry’s document handed over to the US court, explained a lot about this matter.

The youngsters is the most attractive subject for the tobacco industry. Various specific technical term were used to refer to this sweet market, for example YAUS (Young Adult Urban Smokers), YAFS (Young Adult Female Smokers) and YAMS (Young Adult Male Smokers). They often made huge investment in order to recruit these young blood.

This is a citation from their internal memo titled “Young Adult Smokers Lifestyles and Attitude,” coded: 6800696085/6094. this is an important research which guide the industry to target the young generation.

The research was conducted by Kenyon & Eckhard Advertising, an advertising company in Chicago, US, which was employed by Brown & Williamson Tobacco corp in 1974. This research conducted in various cities in the US, although it is already 33 years old, are still being used as their primary guidance for their marketing strategy. The result, as we can see for ourself today, the number and proportions of young age smokers around the world, including Indonesia are increasing.

Let us see some of the research findings from Kenyon & Eckhard:

Most of the young men spoken to indicated very early initial experience with cigarettes. Many talked about first trying cigarettes before the age of ten. Usually these were isolated experiences of stealing one cigarette from a parent, trying it and going no further for a few years. The next step in

“..the young generation is an attractive subject for the tobacco industry. They

specifically named them as: Young

Adult Urban Smokers (YAUS),

Young Adult Female Smokers

(YAFS), and Young Adult Male Smokers (YAMS)...”

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the process seemed to take place in Junior High School or in the early High School.

Another important reason given for starting to smoke was peer pressure. Over and over, respondents talked about the fact that, at that time, most of their friends were smoking, and if one did not smoke, he became an object of ridicule and teasing. Some recollected being called a “sissy” by friends until they started to smoke. In this vein, it is interesting to note that most of the cigarette smoking done at that time was described as

group behavior – very few recalled smoking when alone during that period.

There are two other reason, based on Kenyon & Eckhard research, which made the youth to smoke. To rebel against parent. Their intention to smoke is event stronger if this activities are forbid by their mother or father, while the parent them self are heavy smokers. The other factor is, youth often identified themselves to high physical reaction. They loved the challenges created by cigarette smoking.

The consequences, we can see how tobacco adds displayed a brave mountain climber, strong jungle

explorer or fans of extreme sport such as bungee jumping. We can also find adds which presented group activities of young people with an attractive tag line. “Together is fun” or “There is no fun without you.”

lately, research are also conducted for the eastern market where it is growing here in Asia. The dense population; of 1 billion in India, nearly 2 billions in China and 220 millions in Indonesia. It is a gold mine for the tobacco industry, moreover the Asian youth often are easily persuaded by western media.

Series of researches were conducted focusing on the Asian youth. The researches take place in Tokyo, Taiwan, Hong Kong, Singapore, Malaysia and Indonesia. One of their research finding is todays youth are no longer bother about geographical and cultural borders. Freedom, financial independence is the main theme connecting youth around the globe.

“ ..the desire to look older, peer acceptance and

the dream of doing challenging activities are the entry points to enter the youth

market...”

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Their marketing strategy should be adjusted to this global spirit. The border less flat world. These Asian youth are wearing baggy pants, loves to eat fast food and dressed just like a Hollywood pop star. More or less that is the main finding of the youth life style research conducted by Philip Morris in Hong Kong.

Music in this context is the most strategic entry point. Philip Morris international stated in one of their document, todays youth react more toward music and picture compared to the print media. Music is their language, source of idea and trend for them.

Grey Pacific, responsible for Kent cigarette’s marketing in Asia, specifically explained the power of music. In the BAT international document coded 5000010132, he mentioned that music has an universal charm which strongly influence the marketing target, smokers. Therefore, in the 1980’s, the industry intensively move to sponsor music events. For example, the “Marlboro Music Hour” in China which presented top chart songs in order to increase their brand image. Similar event, with some variations also sponsored by Phillip Morris in various cities across Asia.

The situation in Indonesia hold no differences. In the early 1980’s, the tobacco companies – local and international – are in race to conduct music events. The aggressive cigarette marketing during these time is a milestone for the tobacco industry’s resurrection in Indonesia.”They which are formerly using traditional approach of advertisement, has to adjust and enter the aggressive modern advertisement approach,” said Ninu, our source who also wish his identity to be concealed, a professional public relation who often conducted bellow the line campaign for tobacco products.

One of their bellow the line favorite campaign, based on Ninu, is to conduct music festivals. “In the early 1980’s I was in charge for the Djarum Rock Festival,” said Ninu. This festival move from town to town, finding young musicians often high school students have not reaching the age of 18.

“We were giving aways free cigarette for people who visit the festival,” said Ninu. It was not only free,

“..the young generations

today are more responsive toward music compared

to the print media. Music is their language, their source of

idea and trend ...” -Phillip Morris International

Document

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the cigarette were given away by beautiful girls in mini skirt. Regardless the fact that offering free cigarette is unethical even it is for adult. “This activity of giving away cigarette was never been questioned. No television camera or print media coverage about this.

We were relatively free to move,” said Ninu.

For youngster, this kind of music festival is very attractive. How come it is not, the opportunity to hang with friend with the same hobby, rivalry to achieve something (i.e prize), beautiful girls plus free cigarette. A perfect ingredients to invite early age smokers into the world of nicotine addiction.

The next couple of years later, even until today, music still is their main weapon. For example, Dajum and HM. Sampoerna, were

already conducted thousands of music events involving musicians coming from various part of the world. In the end of the last year for example, a jazz musician, George Benson conducted a concert in Jakarta, which was sponsored by Djarum. Tobacco control activist in the US made an online petition, “Tell George Not To Spread Tobacco Addiction in Indonesia”. But sadly, nothing came from it, George concert was still packed by spectators and there were Djarum’s billboard everywhere to be seen. The Java Jazz festival, in March 2007, was also sponsored by tobacco company, this time it was Dji Sam Soe from HM. Sampoerna.

Various creative competitions for youth are also part of their approach. For example, the Djarum LA Light, which recently became the sponsor for inddie band festival, which most of their contestant were students of junior high school and senior high school.

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beside music, there is another strategic entry points: sport. Philip Morris Asia stated in a document,” Sport is the best arena to attract attention, giving example and influenced our targets,” In reality, the tobacco industry’s support for sports are undeniable. A poet, Taufik Ismail even said, that sporting event organizer were bowing under the tobacco industry’s feet.

Taufik is not exaggerating, Gudang Garam for example is the back bone of the Kediri soccer association, in Kediri district, East Java. Djarum is also the main supporter for Badminton club in Kudus, Central Java. Various soccer competitions even use the sponsor’s name, such as the Djarum League and Copa Dji Sam Soe. In conclusion, most of the sporting events conducted in Indonesia were sponsored by the tobacco industry.

Yes, the bitter fact is true. Moreover, there are many other strategic entry points they could use to enter the youth’s world such as fashion,

“..the sporting event organizer in this country has

been conquered by tobacco factories

owner..”Taufik Ismail,

Poet

One of the Indonesian Super League Game, sponsored by Djarum, in Kajuruhan Sport Stadium, Malang District, East Java, Sunday (16/5/2010) Kompas/ Hendra A Setiyawan

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entertainment and motorcycle race which can not be separated from Lucky Strike.

Holding the main key to enter the youth’s world, the tobacco industry is galloping to consume the young generation in order to recruit millions of new tobacco addicts. They have been successfully grabbed the youth, their

potential market. Survey from the national Center Statistical Body (BPS) stated that in 2001, the number of very young smokers age 5 – 9 years is only 0,5% of our population. Sadly, in 2004 the proportion increased into 1,8%. “It was more then 500% increase,” said Hakim Sorimuda Pohan, former member of the IX commission in the Indonesian House of Representative. The latest research on Global Youth Tobacco Survey (GYTS) conducted by the WHO in 2006 also show the increase of this very young smoker. Indonesia has 24,5% boys and 2,3% girls who smokes. Some of them, about 3,2% are already fell into addiction level.

Of course the quality of our future generation is at stake. “The risk of suffering various kind of disease are awaiting,” said Tjandar Yoga Aditama, a lung specialist from Persahabatan Hospital, Jakarta. Various kind of cancer, especially affecting the esophagus and lung, are not a small risk to take. It was also found in the Kenyon

& Eckhard’s survey, that teenage smokers are already suffering health problems, such as shortness of breath and general lack of endurance which prevented them to engaged in various sporting activities such us running or swimming.

A joined research conducted by the University of Andalas, University of Padjajaran and University of Gadjah Mada also found the same scary picture. In 2000, started to smoke in the age of 12, five years later in 2005, they started in the age of 7. The population of child smokers are huge, in major cities they counted up to 30 -40% of all population. “It is very depressing,” said Tubagus Rachmat Sentika, a pediatrician who is also former Deputy of Child Protection in the Ministry of Women Empowerment.

In general, the number of cigarette consumer is increasing fast. This

“..Indonesia has 24,5% young

boys and 2,3% young girls in

the age of 13 – 15 years who are smokers. Some of them, about

3,2% are already fell in to nicotine

addiction...” Global Youth Survey, WHO,

2006

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can be reflected from the growing number of cigarette produced. In 2001, the national cigarette production was 182 billions unit. In 2007 the target of their production is 220 – 224 billions unit. It means all of the Indonesian inhabitant – the 220 billion of them-- will receive a minimum number of 1000 units of cigarette.

Hakim Sorimoda Pohan is very concern about the increasing number of young smokers. “It is because tobacco addiction could open the door for many other kind of addiction which is more serious for the youth,” said Hakim. A research conducted by Damayanti, a public health expert from University of Indonesia, found that tobacco addiction has dragged the young generation into drugs addiction. The data also show, drug users – especially injecting drug users – are major contributors to the increase in HIV/AIDS prevalence in Indonesia. “We should prevent this, with all effort possible,” said Hakim.

Regarding those matters, Hakim together with 224 other member of the parliament pressured the parliament to insert the legislation draft to control the impact of tobacco product for health into the national legislation program’s agenda.

Total ban for tobacco adds were also mentioned in the draft. This point surely will caused opposition from many parties. Because this industry is the second largest spender for adds in mass media. Based on AC Nielsen data in 2006, they spent 1,6 trillions for adds, just below the telecommunication industry which spent 1,9 trillions rupiah.

Total ban is actually not a new approach. This step has been implemented in various other countries such as Thailand. International pressure also pushed the industry to advertise their product in a more polite manner. In 2001, three international tobacco giants BAT, Philip Morris and Japan Tobacco came into agreement about the international marketing standard, in which mentioned no massive advertising, no sponsorship sporting events, no celebrities to star their adds, no advertisement tend to lured children to smoke. This deal should be applied internationally, the same way as the agreement from formula milk producers not to

“..Total ban for tobacco

advertisements is not a new

approach. This step is already implemented

in various countries,

including in Thailand..”

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push mother to turn away from breast feeding.

Philip Morris was comply to the agreement in Indonesia for a short of while. One year after the agreement, there was no Marlboro – picturing a cowboy riding horse, Wayne Mc. Laren –aired in our televisions. But it was only for a short while, after Philip Morris bought 40% share of PT HM Sampoerna in 2005, their Sampoerna products which are – A-Mild and Dji Sam Soe advertisements are every where in various mass media. Their colleague, BAT International and Japan Tobacco, which promise to watch each other move are also frozen freeze.

In conclusion that the international agreement in marketing ethics is not being applied here in Indonesia. “It means the tobacco industry is mocking us,” said Hakim. However, we have to realized that the international tobacco marketing standard is voluntary, without any binding sanctions.

While in the other hand, the industry themselves also agreed on the idea to prevent children from

smoking. “Me, my self doesn’t want my children to smoke in such early age,” said Deradjat Kusumanegara, Manager for tax and government regulation of PT. Sampoerna. He admitted that there are deviations in the fields such as giving away free cigarette to children. “let alone to giving it to children, giving away free cigarettes to adult is also forbidden,” said Deradjat in Tempo Newspaper’s office in February 2007.

Regarding the advertising strategy, there has been no comprehensive regulation which are able to tightly limit the cigarette advertisement. Therefore the industry is one the only one to blame. “Cigarette is a legal product, we have the right to advertise it according to the present regulation,” said Muhaimin Moefti the head of Indonesian White Cigarette Producers. The way out, he suggested, the government should enact a regulation about tobacco advertisement “In order to make it clear.”

It sounds like the industry is very supportive about the development

“...offering free cigarette is

wrong even to an adult, so

it is obviously wrong to offer

it to under age children.

However, there are

deviation at the implementation

level on the field...” Derajat

Kusumanegara, PT HM.

Sampoerna

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of tight regulation. They seem to be waiting the regulation which will limit their aggressive advertisement impatiently. But is that sincere? “Of course we are supporting this regulation,” said Moefti and Ismanu Soemiran. I never knows, there is never 100% guarantee for what these two important persons in tobacco world have said.

One thing for sure, as it was explained by Hakim, regulations about tobacco in this country are stand still. Nearly no regulation to limit the industry’s move are present. “They must feel like they found heaven in here,” he said. There no limitation for advertisements, no sanctions for selling cigarette to children and smoke free areas is only an empty chat.

We have to keep in mind, that Indonesia is the only country in Asia which did not ratify the Framework Convention on Tobacco Control – FCTC). “During Megawaty’s presidency term, we nearly signed the FCTC, but it did not happen due to the tobacco’s lobby.” said Hakim. The implementation of FCTC is consider as a threat for the industry.

Because the FCTC has to face strong opposition, Hakim and his friends than suggest the development of a Legislation Draft to control tobacco smoking’s impact on health. But this move is not very successful. It has been one year after the draft was submitted, it is never been officially discussed in the parliament. Hakim suspected, the industry has lobbied government’s officials and parliament members to impede the draft legislation. Until today, the legislation draft is still awaits it’s turn to be discussed in the parliament. “This legislation draft were not consider as priority by the parliament legislation body.” said Hakim.

It seems, the parliament members should hear the voice of Jakarta’s children who came to the parliament’s building accompanied by the national commission on child protection in July, 2011. “Cigarette should be sold in high price, which make children cannot afford to buy it,” said Alfianita Fitri Ananda, students from Madrasah Tsanawiyah (Islamic junior high school) 4 Jakarta, one of the delegation came to the parliament’s building. Arist Merdeka Sirait, secretary general of the national commission on child

“..cigarette should be sold at high price, therefore it is not affordable for the children ..” Alfianita Fitri Ananda,student of Islamic junior

high school (MtsN) 4, Jakarta

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protection also voiced the same thing. “Protect our child from cigarette,” he said, “The government might gain profit due to tobacco taxes,in the price of millions of children’’s quality of life.” n

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Uncovering The Myths Behind Tobacco Industry

By : Farid Gaban(This article was furst written in the middle of 2006)

That afternoon, three teenage boys and two of their girlfriends were chatting in a canteen outside their school, a high school in Jakarta. Two of the boys were enjoying themselves smoking.

“I have been smoking since I was in the third year of junior high,” said Andi, a second years senior high school student. “I only started to smoke for one year, following Andi,” said Budi, his classmate. “I saw him smoking, he looks macho and relaxing.” Just like any other teenagers their age, both said that they love music and enjoy many music concerts sponsored by the tobacco industry.

The number of teenage smokers in Indonesia, like Andi and Budi, are increasing annually. The economic survey of the national statistical body shows the number of early smokers age 5 – 9 years old, is increasing from 0,4 % into 1,8% during the 2001 – 2004 period. “It increasing almost five times,” said Hakim Sorimuda Pohan, a parliament members for

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“..90% teenagers influenced by tobacco adds which are aired

during the prime time..”

National Commission

for Child Protection

2004 – 2009 period, who concern to the economic and health impact of tobacco smoking.

The national commission for child protection also supported the data. Research conducted by this institution found, 90% of teenagers influenced by tobacco advertisements aired during the prime time. “The government might gain profit due to tobacco taxes,in the price of millions of children’’s quality of life.” said Arist Merdeka Sirait, the secretary general of the national commission for child protection.

They are not only advertise their product in televisions, they also sponsored various sporting and music events to lured the young generation into smoking.

The increasing trend of young smokers made Hakim and some of his fellow parliament members to submit a new legislation draft which hopefully will be able to limit the impact of tobacco smoking, especially among the youth. In February 2007, Hakim and his friends already made their first presentation, and in the middle of August 2007, the parliament started to discuss about the legislation draft to control the impact of tobacco products.

The legislation will only limit the industry’s advertising strategy or to sponsor activities which involved the youth, it is not yet a total ban. This new regulation will also demand for 60% increase in tax, in order to

make cigarette less affordable. The legislation also suggest to increase the number of researches regarding the health impact in correlation to tobacco smoking.

But this move initiated within the parliament will surely face strong opposition from the tobacco industry. Some of the article within the legislation draft submitted are accommodating points mentioned in the Framework Convention on Tobacco Control (FCTC) released by the World Health Organization (WHO). Indonesia is the only country in Asia which haven’t ratify this convention, and the tobacco industry will surely try to keep it that way.

One of our investigation show tobacco companies in Indonesia used various successful strategy applied in the

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Cigarette Market Share by Companies, January 2003

Cigarette Market Share by Companies, July 2006

1932

1925

5

Gudang Garam

Philip Morris

HM Sampoerna

Bentoel

Djarum

Other

Gudang Garam

Philip Morris

HM Sampoerna

Bentoel

Djarum

Other

31.7

25.9

3.1

17.2

22.3

past, in order to impede any regulation to control tobacco. They use opinion makers such as academicians, doctors and also journalist to help them voiced their interest. This kind of approach has been done decades ago in the US (See; Stories about TOP SECRET Documents)

regulation to limit cigarette is not a new thing in Indonesia, but in so far it was never been effectively implemented. In 1999, the government has released government regulation 81/1999 on Tobacco Security for Health. Tobacco advertisement in print media and television started to be regulated through government regulation 38/2000. Three years later, this regulation revised in to government regulation 19/2003, in which also required the tobacco companies to display warning label about the danger of tobacco for health on their cigarette package. Hakim saw the three regulations are not strong enough to limit the spread of tobacco epidemic, especially among the yous.

However, the supporter of the new law to control tobacco impact, will faced not only the Industry but also various ministry which are anxious

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Cigarette Market Share by Companies, January 2003

Cigarette Market Share by Companies, July 2006

1932

1925

5

Gudang Garam

Philip Morris

HM Sampoerna

Bentoel

Djarum

Other

Gudang Garam

Philip Morris

HM Sampoerna

Bentoel

Djarum

Other

31.7

25.9

3.1

17.2

22.3

that this limitation toward the tobacco industry will cause shrinkage of employment, economic infestation and government revenues from tax.

Indonesia has the largest tobacco industry in the South East Asia region, employ hundreds of thousands workers and creates revenues for trillions in rupiah. The tobacco industry’s supporter claimed that this industry is an important source of employment to absorbs Indonesia’s high unemployment rate.

“The tobacco industry plays an important role within our national economy,” said former minister of Industry Fahmi Idris in 2006. there are 600.000 people working directly in 3.217 tobacco factories. Ismanu Soemiran, the head of Indonesian association for tobacco factories (GAPPRI), has a more fantastic claim. “There are 10 millions people working in this sector, directly and indirectly,” he said.

The tobacco industry also share a big proportion to the government’s revenue coming from taxes. In 2006 the industry shared 38,5 trillions rupiah and the next year it was projected to increase to 42 trillions, or

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0

20

40

60

80

100

120

140

160

180

200

220

240

1999 2000 2001 2002 2003 2004 2005

Tob. Clove & White

5,5% from the total government’s revenue in 2007 which is 763 trillions.

The are other sectors which enjoyed the sweet business of tobacco such as the media industry. Based on AC. Nielsen data, in 2006 the tobacco companies spent 1,6 trillions rupiah for advertising it was the second largest after telecommunication industry which spent 1,9 trillions.

Cigarette is of course a source of big fortunes for tobacco companies owner. Only two Indonesian families are mentioned in the 2007 Forbes list of the“most wealthy”people in the world, both coming from tobacco families. The Rachman Halim family, owner of Gudang Garam ranked 538 with asset of US$ 1,9 billions and the second is Budi Hartono family, owner of Djarum, ranked 664 with asset US$1,5 billions.

Professor Mike Daube, an international anti tobacco activist who is also the US. Veteran, predicted there will be a serious move from the tobacco industry to protect their business in Indonesia. “The tobacco industry will claim that they are losing their freedom of expression trough the media if their advertisement should be limited, and they will also claim many of music and sporting events will die and suffer if they has to withdrawn the tobacco sponsorship,” said Daube as it was cited in Asia Times Online. ”However, our experiences across the globe show that, those are not trues. Those arguments were failed around the world.”

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28.8

240220200

180160

140120

100

80

604020

01999 2000 2001 2002 2003 2004 2005

25.8 24.727.7

18.1

15.6 16.9

203.1186.7179.5187.3202.4206.7196 Clove

White

Ismanu as the tobacco industry’s representative has stating his anxiety about the increasing tobacco tax. He said, with only tax of 31,5% the tobacco industry’ has to struggle and sell their cigarette 30% bellow the market price. If there will be an increase in tax, Ismanu worried that it will harm the tobacco industries. If the cigarette price is going up too high, the consumers will still trying to find “fake cigarette” as substitute. Former minister of Industry, Fahmi Idris, also stating that this “illegal” cigarette, has caused the government to lost potential revenue of 6-7 trillions rupiah annually.

In the other hand, Hakim Sorimuda Pohan said that this claim was exaggerated. “There has been no experiences in the field show that tobacco consumption will instantly decrease after the enactment of tobacco control regulations.” he said. Super tight regulations in other country, such as Thailand, only able to decrease the tobacco consumption for 1% annually. The fact that the cigarette production in Indonesia is still increasing lately, regardless the tax increase, is due to their aggressive marketing and advertisement. “In conclusion, it is only a myth that the regulation will hit them that hard.”

There is an increasing trend for tobacco tax in Indonesia. In march 2007, the tobacco tax increased by 7%, and there was another increase

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“..70% of Indonesian male are smokers, 3% of the female are also smokers. The industry will not

stop to target female market.”

WHO – American Cancer Society

for Rp. 7 per unit in July 2007. However, this tax is still amongst the lowest. Australia, Malaysia, Thailand and Singapore applied tobacco tax starting from 70% and keep on increasing. Indonesian tobacco tax is only 40% for the highest. Even with the increase of tax applied this year, the cigarette retail price in Indonesia is now only one fifth of the cigarette price in Malaysia.

Those are some reasons why tobacco consumption in Indonesia is increasing. In 1969, each Indonesian smokers consumed 469 units of cigarettes annually. Now they are consuming three times the number in 1969. The number of death related to tobacco smoking is now 50%, with cancer and cardiovascular disease as the main killers.

Based on a research funded by the WHO and the American Cancer Society, about 70% of Indonesian males are smokers. There are 3% of female smokers, the low numbers due to Indonesian culture which strongly correlate female smokers with prostitutions. However this is not stopping the tobacco industry to target female market.

Indonesia is a country with the most weak regulation for tobacco in South East Asia. Public health activist who concern to the impact of tobacco for health are not many. Not so long ago, they demanded for all television programs sponsored by the tobacco industries were withheld – including news segments which are considered as advertisements in disguise, but they failed. The voice of anti tobacco activist are also lost within the jungle of billboards which dominated the scenery of major cities in Indonesia. The new regulation to ban the present of cigarette or people smoking it in their advertisement, is only made the advertising companies more creative.

Djarum company for example, is intensively marketing their new product with a picture of stacked cappuccino’s cup looks like a cigarette. These days almost every tobacco companies related their product to the image of sexual strength, wild life adventures and real manhood. “The real man” (Pria Sejati) or “A taste for the braves” (selera pemberani” and “A man’s taste” (Pria Punya Pelera) are some of their famous tag lines.

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While in the other hand, regulation to control smoking in public places seems to be ineffective in it’s implementation. Smokers hide behind the reason that smokes from cars, trucks and buses are a lot more dangerous compared to tobacco smokes, and the government should concentrate on regulating them instead of tobacco smoking. The placement of the warning labels on cigarette package is still to small and only includes verbal messages. While in Thailand, cigarette packages required to place pictorial warning.

Regardless the ban on selling tobacco for children, the regulation is scarcely

implemented in a consistent manner. The scenery of school children smoking cigarette in front of their school are everywhere. In some cities in East Java, one of the center for tobacco industry in Indonesia, cigarette without tax are sold in cheap price on the road side, 3000 rupiah per pack contain of 12 cigarette, this price is half of the branded cigarette retail price.

Prevention from smoking in early age is an important key for tobacco control. Scientist had found that the cigarette smoked by a person, is able to ignited the addiction effect which potentially leads them into smokers within three years or more a head. “We know that the process from the first smoking experience into becoming a smoker will take up to few years,” said Jennifer Fidler from University College London, as it was cited in Reuters in March 2007. “However, for the first time ever did we found evidences for such tendency of becoming a smoker will did take times up to few years.”

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“ amongst the children who

smoke their first cigarette at 11 years old, 18% of them turn

out to be heavy smokers in the

age of 14.” Jennifer Fidler

Fidler analyzed the impact of smoking tobacco for the first time on more then 2000 children age 11 to 16 years old in their five respective years. From 260 children who has their first cigarette in the age of 11, 18% of them turn into heavy cigarette smoker at their 14. while in the other hand, only 7% of children who never smoked cigarette at their 11 turn into heavy smokers in the next three years. “The research findings show that the first cigarette smoking experience is a main determinant for someone to turn into heavy smokers in the future,” said Fidler who published her research on the journal of Tobacco Control in March 2007. “This research is a key to develop prevention strategies to prevent teenagers from trying their first cigarette.” said Jean King from the UK Cancer Research Institution.

Cigarette also has a strong correlation to poverty. In the year 2006, cigarette production reach 225 billions unit, and the majority of were consumed by the poor. “In reality, the tobacco industry’s main profit are coming from poor households.” said Hakim. Based on the data of the national statistical body (BPS) in 2001, rich people only spent 7,5% of their income for tobacco. While in the other hand, the poor household spending for tobacco is reaching up to 9,1% of their income.

Hakim stressed that poor household often sacrifice their nutrition such as rice, milk and meat for tobacco. In 1999, poor households spent 28% of their income for their main source of nutrition. This spending keep is decreasing into 19% four years later. But the poor household seems to be increasing their spending for cigarette, from 8% in 1999 into 13% in 2003. “That is why the quality of health of the poor household is decreasing.” said Hakim. “We also witnessed the increasing trend of tobacco related disease amongst the poor household.”

Indonesian Forum on Parliamentarians for Population and Development (IFPPD) also stating the correlation between tobacco smoking and poverty “Two out of three father in Indonesia are smokers.” said Sri Utari Setyawati, Secretary General of IFPPD. With Indonesian poorest household counting up to 19 millions, we have 12 millions head

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“one of the tobacco

industry’s strategy in the

past is to recruit economic-business journalist

to cover the negative impact

of tobacco control to the

industry” Prof Mike

Daube

of household who are smokers.”Lets say they smoke 10 cigarettes per day, and the price for one cigarette is 500 rupiah,” said Sri,”These poor households will spent around 23 trillions rupiah for cigarette, it is the same amount of money able to pay for 3,4 billions kg of rice.”

The poor households are able to buy cigarette in units, not all at once in a package. This is the way of the tobacco industry to reach their poor consumers. Therefore one way to limit the poor households’ cigarette consumption is to regulate the tobacco sales only in package and increase their price.

With regards to the hazardous impact due to tobacco smoking, it is understandable that the tobacco industry denied to be framed as spreading lethal poisons. They tried to flips their image trough various campaign showing that they have a big social responsibility. These days they even portray them self as a company which has a big concern to environmental issues. Sampoerna, the second largest tobacco company in Indonesia, which is now owned by Philip Morris, for example, placed many sign of “no trash dumping” with their logo. Another way is by funding educational institutions and giving away scholarship which categorized

as illegal in various other countries for using tobacco company’s name as the name of the scholarship.

Sampoerna also made campaign to approach the media as one of the public opinion maker. This company conduct “Anugrah Adiwarta Sampoerna” to honor journalistic works annually. To show the images that they are socially responsible, a tobacco company sponsored an anti drugs campaign, this is a hyprocrite move, since most of us know the fact that many scientist had proven that tobacco smoking is an entry point toward drug’s addiction.

Professor Daube said the most often tactics used in the past by these tobacco companies is to recruit journalist from the economic-business desk to write news which will blow up the economic impact of tobacco control regulation and also medical doctors who will state their doubt on the hazardous impact of tobacco smoking for health.

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Double standard of Indonesian tobacco producers: the picture of exported cigarette package from Indonesia to Singapore, Brunei and Malaysia

“Cigarette kills half of their smokers, and responsible for 10% of all death in the world.“ said Daube. “The industry will claimed their right to advertise their products because there are no evidences showing that advertisement will cause people to smoke and that their products are legal. Newspapers and magazine will be protesting in their side because they are worry about losing their income from advertisement. The sporting event organizers will say that their events will be impeded. We have heard all of those arguments, and we also know that those arguments were not true.”

in Australia, Thailand and many other countries, the involvement of medical and health professional in the anti tobacco campaigns are very important. They will be able to increase the public awareness on the hazardous impact of tobacco smoking for health which will in turn reduce the number of tobacco smokers. Sadly, in Indonesia, almost 30% of our medical doctors are cigarette smokers and for the tobacco industries there are no better promotion than doctors who smoke cigarette.n

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151

A Reality Check From The Field

Chapter VI A Reality CheckFrom The Field

152


153


The internal document of the tobacco industry has shown their strategy in Indonesia, although it was denied there are evidences in the field stating

otherwise.

Millions of the tobacco’s internal documents has open a cleft for everyone to peek on the tobacco industry’s move that has been conceal for years; their strategy to penetrate their market, to bend regulation in specific country, even to lobby

the “presidential palace”.

Thirteen years a go, the US court order seven tobacco giants operated within the country – such as Philips Morris, British American Tobacco, Brwon & Williamson and RJ Reynolds Tobacco – to handed over their entire internal documents, including those categorized as Top Secret. This decision was made because of the increasing number of the public lawsuit against tobacco industry’s practice (Chapter III The Gamble of the Industry’s fate). In the beginning the huge number of documents were giving everyones a head ache; in total of 35 million pages were handed over just like that, no sorting and categorization what so ever. However,

Chapter VIA Reality Check from The Field

By: Wahyu Dhyatmika

154


nowadays alongside the development in technology, all of those data has been digitalized and accessible trough the Internet.

Research through those documents are able to show us the various strategies applied by the tobacco companies, not only their clean approaches, but also their dirty ones – for example lobby on high rank officials, especially those dealing with tobacco taxes, health and law makers. Based on those internal letters dated between 1960 – 1998, the public can see and predict how the industry acted and reacted toward many up coming issues they are facing today, including their respond toward the growing tobacco control movement in various countries. The group of documents showing their long term expansion plan in 10 – 20 years ahead also an evident for their strategy for the tobacco industry’s global expansion in the future.

From these documents we can conclude their defensive and offensive approach are in pattern. For example, their strategy to mobilize farmers and their associations to fight against the government and the health authority on tobacco hazardous impact control. This strategy was not only applied in Indonesia, it was also practice in South American countries and China. In the middle of the battle within the parliament to goal the tobacco control legislations, there were always organizations representing tobacco farmers conducted a demonstration in order to oppose the legislation process. Politicians without a firm ground were usually consumed easily by the industry’s claim and the so called “farmers associations” are really representing millions of vote in various area.

Another example: the industry’s strategy to target youngster as their future market – a move that the regulations forbid to take. Various promotion activities, sponsorship and tobacco advertisement are intentionally design to catch the attention of these age groups. In many music shows which involved youngster, their sales promotion girls also giving away cigarettes for free.

The tobacco industry’s interventions in various government policies, is also part of their strategy which is often being used in Indonesia and various other countries. The industry often use experience lobbyist from public relations firm. In Indonesia these lobbyist often made their move in Senayan (Parliamentary Building), where the parliament members

155


gather, in order to find information on what is going on. In order to go deeper, this lobbyist often recruited from former high rank officials with experiences in the structure of power within Senayan and the Presidential Palace.

The last, the most often applied strategy is to use scientist opinions, which is not yet soundly confirmed in scientific manner. This so called “scientific” opinion are exaggerated to doubt the evident stating tobacco smoking is indeed dangerous for health. Trough various public communication technique, the industry keep raining the public with “fake sciences” until the public are in doubt. As an impact, various tobacco control legislation are postponed or dropped because it was consider as not important.

Evidence in the field confirmed the use of these four basic strategy ---- to ride on the tobacco farmers association, targeting the youngster, intervene on legislation process and spreading doubt that tobacco is a poison --- in Indonesia. These strategy yield in the normalization of smoking habit in our society, Majority of Indonesian consider smoking in public places is a normal thing, it is not something dangerous and worth to question.

It is not impossible to say that because of these successful four basic strategy implementation in Indonesia, we do not ratify the WHO Framework Convention on Tobacco Control (FCTC) until today. All legislations such as the health law, the law to control tobacco’s impact – even the draft of government regulation to control the impact of tobacco (RPP Tembakau), are impended. Indonesia is the only country within the Asia and Pacific region which do not ratify the convention yet. All of these facts raised a question: is the tobacco industry’s influence on our governmental elite really that powerful?

USING TOBACCO FARMERS ASSOCIATIONS

This is an old strategy of the tobacco industries applied almost everywhere. The industry intend to deceive the public that is it the small farmers and poor labors who are opposing the regulation to control

Indonesia is the only

country in the Asia Pacific which has not signed the FCTC

yet. The fact raised a big

question: how powerful does the tobacco industry’s influence on our

government elite?

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tobacco consumption, it was not the industry. Farmers associations were mobilized to the parliament building or the presidential palace for demonstrations to oppose regulation to control the impact of tobacco, which is claimed as a foreign interest.

Many research in the field show that tobacco farmers are not living a decent life as it was claimed by the industry. Farmers around Parakan, Temanggung and Wonosobo in Central Java, which always been

mentioned as the heaven of tobacco, are often hopeless: the trade chains are very long and unfortunate for farmers. Sadly, the collector and grader intentionally kept this unfortunate chain going on.

Farmers met by the Kompas.com in various villages in Temanggung district, in the middle of September in 2010 gave their confessions. A farmer, just call him Eno, explained that their tobacco leaf has to pass three hands before it arrives on the cigarette factory. The farmers harvest usually bought by collectors which then sold it to graders, the factory’s

Tobacco farmer carrying his

harvest in Lamuk Gunung Village,

Temanggung District, Central

Java. Wed 22/9/2010

(Kompas Image/Kristianto Purnomo)

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trusted men who is in charge of keeping the stock in the factory’s warehouse. These grader is the one who has power over the price of the tobacco leaf.

The collectors usually are the graders “assistant” who has a specific operation area. The collectors assign to buy the farmers harvest to fulfill the target given by the factories to the graders. The farmers often face difficulties in finding other buyers, since they mostly are already tied by their previous capital loans given by specific collectors which has to be paid using their harvest.

Collectors will bring samples of the farmers harvest – small roll of tobacco leaf wrapped in brown paper -- to the factory to smelled and graded by grader. That is when the fate of the farmers being decided, the grader will decide the quality of the leaf and the price for it. In tobacco trade in Temanggung, there are six class of tobacco leaf’s quality from A to F. The grader will also decide on how many basket they would buy.

Tobacco leaf with price label on it will be brought to the

“Collectors will put pressure

toward farmers by saying that they can’t sell the farmers

tobacco” Kompas.com’s source in the Agriculture Authority office in

Temanggung, Central Java

Coalition for 100% love for Indonesia conducted a demonstration in front of the Jakarta city council building in Merdeka Selatan street, Mon (1/11/2010) They demand for the Governor Regulation no 88/2010 about smoke free area to be banished.

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“gudang tumplek” or the pouring warehouse. Here “tukang cocok” or a person working to match the tobacco sample with tobacco leafs in the basket, who are also the grader’s trusted man, will match the quality of the tobacco leaf which are poured in the pouring warehouse. After the tobacco leaf passed the matching process, then it can enter the factory’s warehouse. The payment process to farmers will only be done after all of this process are finish.

The head of Indonesian Tobacco Farmers Association (APTI) Temanggung, Ahmad Fuad explained that dirty trick might be played on this matching process. “There are naughty collectors who play with matching guys,” said Fuad. Collectors asked matching guys to pass their tobacco leaf although it might not match the sample, of course this help come with a certain price.

Long chain of trade which is fully under the grader’s control only show that tobacco farmers are only small part of the giant tobacco trading machine in Indonesia. The director of LD-FEUI, Dr. Sonny Harry B Harmadi, said the tobacco trade pattern still follow the traditional system; farmers have no bargaining power, the quality of tobacco leaf is decided subjectively by graders. Although there are possibilities farmers might be the victims of the graders dirty play, they have to accept it because they have weaker bargaining position.” said Sonny.

Sunoto (left) with his son

Hidayah, turning the

sliced tobacco dried under

the sun, in Triharjo village, Kendal District,

Central Java Tues (6/9/2011) (Kompas/Agus

Sutanto)

159


Another farmer, Muji said they have no other choice when a certain collector want to buy their harvest. There was no bargaining process.”The price of our tobacco leaf is not our say, but it is those people (collectors, graders and warehouses). We have no bargaining position, regardless the fact that we are the one who did the hard work. But what can we say, if no one buy our leaf, how will we eat?” he said.

***

The farmers harvest should pass so many hands before it arrives in the factories warehouses, this has made the portion of revenues for the farmers are so small. The finding of Kompas.com concluded that the difference between the price at farmer’s level and the ware house level nearly over 50%. Collectors and graders are in full control of this price. “Collectors can push farmers to lower their price by saying that no one wants it. We are in the farmers side, however we cannot leave the collectors and warehouses. If we pushed the warehouses to hard, and they decide to stop buying, everything will ruin,” said an officials in the Temanggung District’s Agriculture Authority.

This system of trade is also the one chained farmers in debt. In the beginning of every planting seasons, farmers borrow some money from collectors or money renter in order to start farming. Wahono, a farmer from Bansari village, confess that he also received debt from “juragan” or local boss to start planting tobacco in the beginning of every new planting seasons. He will sell his harvest to this juragan, who has access to the warehouses. The juragan will get one portion of every five portion the harvest yield, as the debt payment. It was not including the transport fee and the pouring fee, which has to be paid by farmers. “No farmers are benefiting from this,” said Wahono.

***

If the bargaining position of these farmers are so weak, what are the role of the farmers association such as the Tobacco Farmers Association, to answer this problem of inequality? Sadly, almost nothing. The head of Indonesian Tobacco Farmers Association of Central Java, Nurtantio Wisnu Brata, even said that this unequal trade system is already helps farmers. About the problem of no direct access from farmers into warehouses

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which heavily depends on collectors, Wisnu said we should not be worry about that. “Farmers did not want lining in queue directly to enter warehouses,” he said, “They have so many things to do, they have to work on their land.”

In order to improve the bargaining position of farmers, we should add the number of buyers Wisnu suggested, therefore the price will be competitive. This step might be in any use, if farmers are not chained to a single buyer: the cigarette factory. Moreover, without any clear standardization on the quality of tobacco leaf, farmers will never been able to move. They are in weak position – a surrender position toward whatever verdict from the graders on the quality of their tobacco leaf.” We cannot give any guarantee about the price, we are in a free market,” said Wisnu without further explanation about what he means by “free market”, if the farmers are never been free to choose their buyers.

The way the association tend to let this misfortune happens to farmers, raise a question, are they really representing the farmer’s interest. The answer to this question is provided by a financial report gathered by Kompas.com. The letter is a financial report on the budget use for the Indonesian Tobacco Farmers Association demonstration in Jakarta in the beginning of 2010. There were 50 buses departing from Temanggung to Jakarta in order to attend the demonstration.

Based on the document dated 5 March 2010, the demonstration act spent almost Rp. 368 millions and it was fully supported by the tobacco companies. Four major tobacco factories, which have warehouses in Temanggung donate their money, Gudang Garam Rp 33 millions, Djarum Rp.34 millions, Bentoel Rp 5,5 millions and Nojorono Rp. 5,5 millions in total for Rp.78 millions. In the end of the demonstration act there was a deficit in budget for Rp. 12.495.000, in which then being covered by Gudang Garam and Djarum.

This document is a naked proof that the industry is the one behind the tobacco farmers association, the association is just a puppet they played from behind the curtain.

161


TARGETING TEENAGERS AND YOUNGTERS

Reacting to the strong pressure coming from tobacco control activist, the world’s three tobacco giants British American Tobacco, Philip Morris and Japan Tobacco came in agreement about “four no”: 1) No massive advertisement, 2) No sporting event sponsorship, 3) No celebrities starring for advertisement and 4) No advertisement tend to lured children to smoke. This agreement made in September 2001, should be implemented internationally.

Are they really following this agreement, at least in Indonesia? In fact they don’t. The youth is their future market. Recruiting young consumers is part of their struggle for their future.

Strategy to recruit these young consumers are apparent in the field. Tobacco industries are in race to put their adds, billboards, movie posters, sponsorship for music event and everything else in order to target these young consumers. With their ever flooding promotions and advertisements, they try to keep their pace with the ever changing taste of the youngster.

Promotion venue of L&M cigarette by Philip Morris, Jakarta 5/06/2001 (Tempo newspaper/Arie Basuki)

162


Luckily, these advertisements targeting the youngster are not riding their way on a freeway. There are institutions such as the National Commission for Child Protection, which are blocking the ways of these adds, although it might not be fully successful. This institution dare to stop musical performance and conduct a demonstration to halt music events sponsored by tobacco industry. One of their action was on August 2008, when the world famous singer, Alicia Keys planed to perform in Indonesia on a music event sponsored by tobacco industry.

One month before Alicia’s arrivals, the national commission on child protection already send a protest letter for the concert to be withheld. Alicia is the ambassador for the “Save a Child” movement, a campaign aimed to save the future of children around the world. It is of course will be ironic, if an icon like Alicia be a promotion’s tool for the tobacco industry.

It turned out that Alicia didn’t know that her concert was going to be sponsored by tobacco company. Only two days before the

concert, the singer asked all logo and name of the cigarette product were erased from all of her concert promotion, starting from the billboards up to the smallest thing such as the name tag of the official crews. The national commission sent an observer on the day of the concert, at it was all clear.

In may 2009, the national commission has blocked a move by tobacco company in selling their product trough “A Mild Live Wanted 2009,” a music

Singer, Alicia keys in her concert As I am – World tour

2008 in Jakarta Convention

Center (JCC). Jakarta,

Thursday, 1/08/2008

Protested due to tobacco

sponsorship. (TEMPO/Tony

Hartawan)

163


talent show sponsored by Sampoerna A mild cigarette in Eldorado Bandung, West Java. They offer cigarette in cheap price in front of the entrance gates to the spectators, in which most of them are teenagers, primary and high school children. This is their classical move to recruit young smokers.

Witnessing this aggressive action, the national commission made their move. In the final stage of this contest, volunteers from coming various groups conducted a demonstration in front of the entrance gate. The volunteers voiced “Ban Tobacco Sponsorship” to every one coming to attend the contest. They brought the 1172 posters, a poster showing the bitter fact that 1.172 people die due to tobacco smoking in the world every single day. The action also involved a volunteer wearing the “death angel” costume. This demonstration gain some attention, the A Mild management finally changed the title of their event from “A Mild Live Wanted” in to just “Wanted.”

In March 2008, the national commission blocked the advertisement of Avolution cigarette, produce by HM. Sampoerna. The national commission object to this advertisement which physically shows the cigarette product. They sent a letter to the national commission of broadcasting (KPI) and food and drug surveillance body (BPOM). An advertisement physically shows cigarette is violating the broadcasting law. It didn’t take a long time until the advertisement was replaced with another version.

The National Commission on Children Protection’s hard work to prevent tobacco companies from recruiting young smokers might not be enough. The national commission’s logistic and “breath” is of course not as much as those owned by the tobacco industries. Trough many creative ways and effort, the tobacco companies campaign will eventually reach this youngster. We need a more serious effort, such as binding regulations, to block this pouring advertisements which will poison our future generation.

CASTING DOUBT ABOUT THE IMPACT OF TOBACCO SMOKING FOR HEALTH

In order to make tobacco smoking seems to be less dangerous, the tobacco industries often fund studies in search of scientific evidence that this substance found to be addictive for decades is “harmless”.

164


The latest invention is an “alternative medicine” – using tobacco smoke as the healing substance – which developed in the University of Brawijaya, East Java. The method is to wrap the patient’s body in tobacco smokes. Although it might sound ridiculous, many people believe the method is effective . The tobacco industries reached their goal; making people believe that tobacco smoke is safe, and even it is a good medicine.

One of the institution first to release the issue of the alternative healing method using tobacco smoke wrapping method is “Paguyuban Komunitas Kretek Indonesia” (Indonesian Community for Kretek Cigarettes). “This community was developed in 2010, our member are UGM

University of Gajah Mada) alumni in Jakarta,” said Zulfan Kurniawan, the chief of this community. The member’ coming from various background.

Within their explanation about their campaign on kretek conservation as national cultural heritage, this community always recite Dr. Sutiman and Dr. Greta Zahar research findings which stated that tobacco smoke can be use as healing therapy for various kind of disease. “We asked all party to conduct further research whether tobacco really is causing infertility, cancer and other disease,” said Zulfan.

This strategy successfully made the public doubting the previous scientifically sound researches proofing tobacco an addictive substance and it also hazardous to health. By continuously spreading the release --- that tobacco smoke can be use for medicine --- the public eventually start to doubt the danger of tobacco smoke. This kind of doubt is very important for the tobacco industries, because this kind of doubt will postponed and even blocked the raise of any restrictive laws and regulation regarding tobacco and nicotine.

Zulfan and the Indonesian Kretek Association also played the public emotion by sending release spreading the news that the quality of our local tobacco is vary good, and that Kretek is our cultural heritage. Defending the Kretek cigarette means we are defending our original product from foreign invasion – more or less that is the message they intend to deliver. Strangely enough, this kind of “nationalism” approach are often effective.

165


INTERVENTIONS ON PUBLIC POLICY MAKING

The last strategy – which is the most effective – to break the tobacco control movement in Indonesia is to intervene public policy, both in legislative and executive body.

Some of the tobacco industry’s internal document show various approach and lobbies to policy makers in Indonesia. The most evident prove: the missing article on tobacco as an addictive substance in the 1992 Health Law. It was turned out to be, that the tobacco industry invited some parliament members and officials from the ministry of health to attend a media briefing in Nusa Dua Bali, before the legalization of the article. After that meeting, the article stating tobacco as an addictive substance was never been mentioned again.

The back and forward move surrounding the article about “tobacco as an addictive substance” was repeated in September 2009, during the enactment of the new health law by the parliament. At that time public attention were not pointing at Senayan (the parliament building) – the house of representative was in recess time, after the presidential and parliament elections. The media are were busy covering the election’s result, not the move of parliament members. “During those time, that the parliament take an advantage in goaling the draft of the Health Law,” said Rohani Budi Prihartini, one of the senior expert staff in Senayan.

While in the mean time, the activist also smelled a good opportunity to increase the power of articles on government roles to control tobacco. Budi and his friends – as he was asked by one of the parliament member – tried to sneaked in the substance of the draft on tobacco control law into the health law. “We comprised the essence of the draft on tobacco control law at least into four articles to be put on the draft on the health law.” he said.

The industry did not realize about this smart move until it was too late. As soon as they know that the draft of the health law contain articles regarding tobacco, they tried every ways possible to cancel these articles. Intensive lobbies were done, but those were too late. The plenary meeting has already agreed on this. They have to find another way; stealing the article regarding tobacco on it’s way from Senayan to the Presidential Palace – for it’s signing by President Yudoyono.

166


Luckily this maneuver was caught: many mass medias covered the missing tobacco article within the 2009 health law. The pressure created by the mass medias also helps to return the tobacco article back into the health law.

Although the tobacco article has returned the fight is not over yet. This time the battle field move in to the draft on government regulation to control tobacco impact or often called “RPP Tembakau.” This RPP is the implementing regulation of the health law and has to be legalized not more then one year after the health law. Strangely, until now – more then a year after the health law was legalized – this government regulation to control tobacco impact is not yet to follow.

The “RPP Tembakau” was prepared by seven ministry and the state secretary. This team was developed to compile suggestion from various institution related to this government regulation to control tobacco impact. Until September 2010, this small team has met twice. In the end

Minister of Finance, Sri Mulyani

Indrawati, as a witness during judicial review

of tax law in the constitutional court,

Jakarta, Tuesday 24 February 2009.

The government West Nusa

Tenggara asked by the Indonesian Tobacco Farmers

Association of Lombok to posed

a judicial review on the Tax Law no

39 year 2007. They felt that the article

66 point 1 (A) of the mentioned law is unfair for them,

since the tobacco tax will only given

to the provincial government which

own cigarette factories. (TEMPO/

Yoseph Arkian)

167


of 2010, the minister of health Endang Rahayu Sedyaningsih stating that this government regulation will soon be legalized.

“ Now it is still within the small team, but I presume it will be finish by the end of the next year. It is our concern for our public health.” But the minister’s optimism is not in the same track with her inferiors. Budi Sampurna, the head of the legal and organization department in the ministry of health, is in the contrary, he was not that optimist that the government regulation will be finish by in the near future. “Let it be the government regulation on tobacco” he said,”The government regulation on blood service is already taking two years in process, but it is not finish yet.”

The harmonization process within the small team is indeed slow in their progress. Every ministry giving their inputs on this draft of the government regulation on tobacco which contain 8 chapter with 37 articles. The majority of inputs coming from the ministry of finance which is 36 suggestions, to follow is the ministry of industry with 24 inputs. The minister of industry, MS. Hidayat has once asking to drop this tobacco regulation because it was consider as harmful to our tobacco industry.

This government regulation is indeed voice the interest on control tobacco. For example there are articles about the ban for tobacco advertisement, promotion and sponsorship, pictorial label in cigarette package and regulation to limit the number of cigarette in one package. These are some regulations agreed in the FCTC. It seem to be an intention to protect the publics health trough this government regulation, regardless the fact that the government did not ratify the FCTC.

This intention heated and elongated the debate within the discussion on the government regulation to control tobacco. One of the article often put in the spot light is the test on the level of eugenol, beside tar and nicotine. Eugenol is one of the substance derivate from clove oil which is the ingredients for kretek cigarettes. High level of eugenol can trigger liver cancer. Therefore, within the RPP tembakau, the government suggest that euogenol level is tested and to be displayed on the cigarette packages.

This suggestion was heavily criticized by the tobacco industries. The ministry of industry is in the front line, the first to question the

168


importance of eugenol test. The director of drinks and tobacco industry within the ministry of industry, Warsono, even frankly suggest to drop eugenol test from RPP tembakau. This opinion is the same as what the tobacco industry hold. Gabungan Asosiasi Pabrik Rokok Indonesia (GAPPRI - the Indonesian association of cigarette factories) also asked the government to drop the euogenol test from the mentioned government regulation.

The government and the tobacco industry are not just one in opinion for the subject of eugenol, they are also in the same position about the articles concerning the number of cigarette in a package. The initial draft of the government regulation stated that a cigarette package should contain no less then 20 cigarettes, as a consequence the price will go up and unreachable by the poor and teenagers. “It is better to drop that article, since it will kill the tobacco market which usually sell a package contain 4, 12 up to 16 cigarette per package.” said Warsono.

The government regulation also ordered the industries to put pictorial labels to show tobacco smoking hazardous impact on health. For example: pictures showing a throat or lung cancer due to tobacco smoking, the size of this pictorial label should also cover 1/3 of the package. The industry actually has already complied to such regulation for their exported product to Singapore, Thailand and Australia.

It is weird to witness that the same regulation to be applied in Indonesia is heavily criticized. Association of Indonesian White Cigarette Producers (Gabungan Produsen Rokok Putih Indonesia – Gaprindo) stated that no research have shown pictorial label is more effective to make people quit smoking. The chief of Gaprindo Muhaimin Mufti said the government regulation on tobacco is asking to much. “Are there any adequate researches before creating those pictures? We have to be fair, don’t always corner the tobacco industry,” he said. In this issue, once again the ministry of industry is in their side. Based on Mufti, tobacco companies are intensively approaching policy makers in the time being. “But none of it use money, all are clean,” he said

Budi Prihartini confess that it was hard to caught them in the act. “We can only map the legislation product published and see whose interest

169


are brought by those legislations.” she said. The pattern of their lobbies are crystal clear. “They must have visited policy makers in Senayan and also within the ministry of health bringing the same argument: tobacco control will only brings trouble to farmers, labor worker etc,” she said in laughter.

The head of Indonesian Cigarette Factories Association (Gabungan Asosiasi Perserikatan Pabrik Rokok Indonesia – Gappri) Ismanu Soemiran think the government should better develop a legislation draft on tobacco farmers protection and tobacco industries. “They should not be busy making government regulation about tobacco control,” he said.

Budi Sampurna, the head of the legal and organization department in the ministry of health, confessed that this government regulation drafting process was very hard. Some substantial inputs coming from the ministry of health were rejected by other government institution. “There are some differences but we are confident that we can close the gap,” he said diplomatically. The director of drinks and tobacco industry within the ministry of industry, Warsono also said they are ready to find the third way. “We realize there are health aspects, these are what we have been discussing about,” he said.

Although there are some agreement made, the government regulation on tobacco is still has no clear future. The news spreading the draft is impede in the coordinating ministry of social welfare. In May 2011, the coordinating minister of social welfare, Agung Laksono – who is also the vice chief of Golkar party – stated that the government will not legalized this government regulation in the near future (regardless the fact that it should be legalized last year, because it will need further intensive discussion. Agung will make sure that the government will not release a regulation “which will harm certain citizen groups.” The politician who was former head of the house of representative refer to the wave of rejection still coming from tobacco farmers.

“I am not sure about the

government regulation on

tobacco control, the government

regulation draft on blood

transfusion is already on discussion for two years and

has not finished yet.” Budi

Sampurna, Head of Legal and

Organizational Biro of the Ministry of

Health

170


Agung statement is just like a death bell for the government regulation on tobacco. After months of debates and discussion in various forum, adjusted to many effort in preventing the spread of impact due to increase in the number of young smokers, the government regulation on tobacco finally ending up in the closet, just like that. Never been heard again. n

a

Seven Myths about Tobacco Control

We often misunderstood the tobacco control campaign. The tobacco industry –by using their giant fund-- always try to turn the fact around and turn our logic upside down in order to grab publics sympathy and cornered the tobacco control campaign.

These are the seven exaggerated myths often used by the tobacco industry for their campaign in Indonesia:

Tobacco is an Indonesian original plant?“Tobacco is an Indonesian original plant and tobacco smoking habit

is part of our traditional culture, it has to be preserved as our cultural heritage. Tobacco control campaign will only ruin this cultural heritage.

The tobacco industry often relates tobacco issue with nationalism, because tobacco and smoking are our cultural heritage”. Is it true?

Tobacco is a tropical plant, but not originally come from Indonesia, it is a Latin American. Tobacco are commercially grown in Indonesia during


By: Felix Lamuri

b


the Dutch occupation under Cornelis de Houtman, who started to grow tobacco in Banten in 1596. Three centuries later, the habit of tobacco smoking begun. Deli’s tobacco, which is famous around the world, was first introduced in 1864 by Nienhuys. Deli Maatschappij, in charge for Deli’s tobacco trade

was opened in 1869. Thereafter, the tobacco farming started to develop in other center such as Kudus, Malang, Jember which later on developed into cigarette producers center.

Haji Djamari is the one who made tobacco smoking habit popular. This man from Kudus felt himself in better health after rubbing the clove’s ointment on his chest and put some clove in his tobacco rolls and smoke them. Many people were interested in Djamari’s roll. During those time, smoking habit was already present, however instead of using tobacco it was using corn peel and traditional scent called kemenyan (klembak menyan). Tobacco smoking habit was only started to be popular in the end of the 19 century, following the spread of tobacco farming activities.

Smoking is an individual right?“Smoking is an individual right, why it has to be ban, moreover

tobacco is a herbal product not synthetic not like any other psychotropic drugs?”

Individual right within the context as a social being can not stand on it’s own, it could turn into a monster if we let them be wild. The basic principle of human right is not to reduce or violating other people’s right to universal thing, such as the right for clean air.

Tobacco control movement do not have any intention to violate the

Tobacco Nicotina,

originated from Latin

America

c


right of smokers, it only fights for any body else’s right for clean air. Many researches conclude cigarette smokes contain 4000 chemical substances in which 250 substance are categorized as dangerous and 50 substance are suspected as carcinogens. Therefore, location for smoking has to be regulated otherwise it will harm other who don’t smoke.

Nicotine has a sedative effect. Native Latin American chew and smoke tobacco for it’s hallucination effect – therefore tobacco is consider a heavenly plant. Tobacco has high level of nicotine which works directly on human nerve system – the exact same way as cannabis weeds. Within the modern world the term drugs means: any substance which influence the nerve system and increase alertness, so the statement saying that tobacco is not “drugs” is a fatal mistake.

Implementing Tobacco Control will ruin the national economy?

“Tobacco control will ruin our economy and the livelihood of domestic tobacco farmers”

“90% of Temanggung pupil’s economy lean on tobacco: they are tobacco farmers, basket makers, harvest labors, transport labors, tobacco seller” said Ahmad Fuad the head of Indonesian Tobacco Association (AMTI), Temanggung. (Tempo Interaktif, March 19, 2010)

Campaign to control tobacco consumption often dichotomized with the fate of tobacco farmers and factory labors, as if tobacco control will ruin the farmer’s and labor’s life. In a country like Indonesia where most of it’s inhabitant were farmers or labors, this kind of perception certainly harm the tobacco control campaign, it will only amplified the mis-belief that tobacco control campaign is representing foreign interest and not pro to the life of lay people.

Female smoker, Jakarta November 1st, 2007(TEMPO/Ramdani)

d


Firstly we have to realize Indonesia’s position within the world’s tobacco map. Indonesia is not a tobacco player. In 2007, we only produce 165.000 tons or less then 3% of the world’s tobacco production. The world tobacco production is dominated by four countries: China, Brazil, India and the United State of America which produce 4,2 million tons or two third of the world’s tobacco.

In 2010, our production even decreased into only 80.000 tons.

The decreasing tobacco production went along the reduction on tobacco’s farm land and the decreasing number of tobacco farmers. In 1990, the tobacco farm counted as 0,52% of all farm land. In 2007, the ratio decreased into 44%. (http://faostat.fao.org/site/567/desktopDefault.aspx?PageID=567#ancor). Within 10 years (1997 – 2007), the number of tobacco farmers also decreasing from 894.000 to 582.000 or 35% in decrease. Compare to the total workforce, the proportion of tobacco farmers went down from 2,6% to 1,4%. (BPS, 1986 – 2007. Keadaan Angkatan Kerja Indonesia – Indonesian Central Statistical Biro, 1986 – 2007, Indonesian Workforce Situation)

In term of it’s economic value, tobacco count last in generating national income far below other commodities such as palm, rubber, coffee, spices, tea and cacao. The BPS’s data shown the total value from tobacco export in 2007 was only US$ 73 million, the value from spice’s export was ten times higher while the value of palm export was even two hundred times higher then this.

Beside exporting, Indonesia is also importing tobacco. BPS’s data show in 2007 we imported tobacco worth for US$ 133,5 million, most of then from China, it was almost two times the value of our tobacco export.

e


If the government is sincerely care about the fate of tobacco farmers, they should ban tobacco import which will increase the domestic tobacco price. If the tobacco industry care enough for their farmers and labors, they should use local tobacco first and reduce import.

Nowadays, the national tobacco demand (for cigarette factories) is far above our production. In 2010, our tobacco production was only 80.000 tons, while the cigarette factories demand for 240.000 tons. This figures should only represent that tobacco farmers have a strong bargaining position facing the cigarette factories – in fact it is not the case. Everywhere we heard disappointment from farmers because the tobacco price were capped by factories, in some occasion farmers choose to burn their harvest.

We have to admit, in the future where cigarette consumption in decrease, cigarette factories demand of domestic tobacco leaf will also decreasing. But it doesn’t mean the “dooms day” for tobacco farmers. They can cultivate their land with other economically valuable commodities. The government should also support research on the use of tobacco aside from it’s use for cigarette.

The public is mature enough to decide, we don’t need regulation?

“We don’t need laws and regulation for tobacco control, let the public/market decide if they do or do not need cigarette. Indonesian society is a modern society, they are able to understand and decide the positive and negative impact of tobacco smoking. Therefore, ratification of the WHO convention about tobacco control is not relevant for Indonesia.”

The statement does sound logical. But check on this fact: since it was first launched in February 2003, the international convention on tobacco control, only three countries including Indonesia which are not ratify it. Does the other 165 WHO’s member state such as China, Singapore, UK, Malaysia and Brazil (the wold’s biggest tobacco producer) is not modern?

The national social economy 2007 survey explained, the household’s average expenditure for cigarette is 136.534 Rupiah annually, it is 15 times

f


Cigarette exports

Cigarette imports

over 100,000 Top 10 cigarette importing countries2000 numbers of cigarettes10,000 – 99,999

5,000 – 9,999

1,000 – 4,999

100 – 999

below 100

no data

million of cigarettes 2000

83.5bn

45bn33.6bn

25.2bn 24.2bn

49.3bn

67.6bn

56.5bn

20bn

20bn

VENEZUELA

UZBEKISTANAZERBAIJAN

SRI LANKA

JAMAICA

CUBA DOMINICANREP.

M A L A Y S I A

SAUDIARABIA

C H I N A

MYANMAR

THAILAND

INDIA

PAKISTAN

TURKEY

CYPRUSMALTA


ISRAELJORDAN

YEMEN

REP.KOREA

KAZAKHSTAN

U S A

C A N A D A

EGYPT

SENEGAL

CÔTE d’IVOIRE

CAMEROON

CONGO

MALAWI

ZIMBABWE

UNITED REP.TANZANIA

KENYA

SIERRA LEONE

SOUTHAFRICA

GUATEMALA

MEXICO

PARAGUAY

B R A Z I L

COLOMBIA

HONDURAS

ECUADOR

BELIZE

ARGENTINA

URUGUAY

PHILIPPINES

A U S T R A L I A

I N D O N E S I A

JAPAN


CHILE

NEW ZEALAND

SINGAPORE

Hong Kong SAR

BARBADOS

REUNIONSAMOA

FIJI

HUN

NORWAY

FINLAND

SWEDEN

REP. MOLDOVA

BUL

GREECE

YUG

ALB

SLOVAKIA

CROATIA

ITALY

AUSTRIA

UNITEDKINGDOM

IRELANDDENMARK

FRANCE

SPAINPORTUGAL

GERMANY

SWITZ.

BELGIUM

LUX.

NETH.

CZECHREPUBLIC

POLAND

52,786

from Turkey

fromA

rgentina

fromMalawi

34,217

13,997

7,113 6,995from China

39,039

to Germany

28,868

12,218

toTu

rkey

10,520to Belgium

to Italy

to Russia

to Netherlands

to Denmark

8,946

7,181

7,111

7,696 fro

mIndonesia

toJa

pan

fromBrazil

7,138

13,743

9,252

DOMINICANREPUBLIC

C H I N ATURKEY

C A N A D A

U S A

MALAWI

B R A Z I L

ARGENTINA

I N D O N E S I A

JAPAN


ITALY

DENMARK

GERMANYBELGIUM

NETHERLANDS

3,880

2,121

1,232

1,130

873

876

74310,637

7,093

6,691

4,681

4,4374,227

toJapan

to Belgium

to Cyprus

to Israel

to Singaporeto Saudi Arabia

to Germany

to Lebanon

from Indonesia

toKorea Rep.

from Japan

77,133

5,134

3,388

S A U D IA R A B I A

CYPRUS

SINGAPORE

ISRAELLEBANON

REP.KOREA

C A N A D A

U S A

I N D O N E S I A

JAPAN

UNITEDKINGDOM

SPAIN

GERMANY

SWITZERLAND AND

LIECHTENSTEIN

BELGIUM

Tobacco leavesmetric tons 2000

total imported: 196, 597total exported: 182, 519

US imports

US exports

US imports

US exports

US imports and exports

Cigarettesmetric tons 2000

total imported: 15,274total exported: 148,533

Tobacco Trade

Tobacco trade is big business, for both the raw material (tobacco leaves) and the finished product (manufactured cigarettes).

Brazil is the largest exporter of tobacco leaf, and the Russian Federation and the USA are the largest importers. Some countries that grow tobacco, such as the USA, also import foreign tobacco as well as exporting their own tobacco leaves. Interestingly, the USA exports approximately the same amount of tobacco that it imports. Because US tobacco is popular globally, and tends to be more expensive than tobacco from other countries, the value of US tobacco leaf exports are about double that of the same quantity of imports.

Manufactured cigarettes are also traded globally. Again, the USA is the largest exporter of manufactured cigarettes, accounting for nearly 20 percent of the world total. Japan is the largest importer of cigarettes.

According to government reports, 846 billion cigarettes were exported, but only 619 billion were reported to be imported. Statistics such as these provide a sense of the size of the cigarette smuggling problem.

China is quietly emerging as a significant cigarette exporter, increasing from virtually no exports in 1980 to over 20 billion cigarettes exported in 2001, worth about US$320 million. In 2005 the value of China’s export trade in cigarettes is predicted to be US$600 million.

Top 10Leaf exporters

thousand metric tons1999

Top 10Leaf importers


Braz

ilU

SAZi

mb

abw

eC

hina

Turk

eyIn

dia

Gre

ece

Ital

yM

alaw

iA

rgen

tina

Russ

ian

Fede

ratio

nU

SAG

erm

any

UK

Net

herla

nds

Jap

anFr

ance

Ukr

aine

Pola

ndEg

ypt

343

191

164

132

129

120

101

94 93 73

263 24

119

012

9 113 99

71 70 60 55

g


Cigarette exports

Cigarette imports

over 100,000 Top 10 cigarette importing countries2000 numbers of cigarettes10,000 – 99,999

5,000 – 9,999

1,000 – 4,999

100 – 999

below 100

no data

million of cigarettes 2000

83.5bn

45bn33.6bn

25.2bn 24.2bn

49.3bn

67.6bn

56.5bn

20bn

20bn

VENEZUELA

UZBEKISTANAZERBAIJAN

SRI LANKA

JAMAICA

CUBA DOMINICANREP.

M A L A Y S I A

SAUDIARABIA

C H I N A

MYANMAR

THAILAND

INDIA

PAKISTAN

TURKEY

CYPRUSMALTA


ISRAELJORDAN

YEMEN

REP.KOREA

KAZAKHSTAN

U S A

C A N A D A

EGYPT

SENEGAL

CÔTE d’IVOIRE

CAMEROON

CONGO

MALAWI

ZIMBABWE

UNITED REP.TANZANIA

KENYA

SIERRA LEONE

SOUTHAFRICA

GUATEMALA

MEXICO

PARAGUAY

B R A Z I L

COLOMBIA

HONDURAS

ECUADOR

BELIZE

ARGENTINA

URUGUAY

PHILIPPINES

A U S T R A L I A

I N D O N E S I A

JAPAN


CHILE

NEW ZEALAND

SINGAPORE

Hong Kong SAR

BARBADOS

REUNIONSAMOA

FIJI

HUN

NORWAY

FINLAND

SWEDEN

REP. MOLDOVA

BUL

GREECE

YUG

ALB

SLOVAKIA

CROATIA

ITALY

AUSTRIA

UNITEDKINGDOM

IRELANDDENMARK

FRANCE

SPAINPORTUGAL

GERMANY

SWITZ.

BELGIUM

LUX.

NETH.

CZECHREPUBLIC

POLAND

52,786

from Turkey

fromA

rgentina

fromMalawi

34,217

13,997

7,113 6,995from China

39,039

to Germany

28,868

12,218

toTu

rkey

10,520to Belgium

to Italy

to Russia

to Netherlands

to Denmark

8,946

7,181

7,111

7,696 fro

mIndonesia

toJa

pan

fromBrazil

7,138

13,743

9,252

DOMINICANREPUBLIC

C H I N ATURKEY

C A N A D A

U S A

MALAWI

B R A Z I L

ARGENTINA

I N D O N E S I A

JAPAN


ITALY

DENMARK

GERMANYBELGIUM

NETHERLANDS

3,880

2,121

1,232

1,130

873

876

74310,637

7,093

6,691

4,681

4,4374,227

toJapan

to Belgium

to Cyprus

to Israel

to Singaporeto Saudi Arabia

to Germany

to Lebanon

from Indonesia

toKorea Rep.

from Japan

77,133

5,134

3,388

S A U D IA R A B I A

CYPRUS

SINGAPORE

ISRAELLEBANON

REP.KOREA

C A N A D A

U S A

I N D O N E S I A

JAPAN

UNITEDKINGDOM

SPAIN

GERMANY

SWITZERLAND AND

LIECHTENSTEIN

BELGIUM

Tobacco leavesmetric tons 2000

total imported: 196, 597total exported: 182, 519

US imports

US exports

US imports

US exports

US imports and exports

Cigarettesmetric tons 2000

total imported: 15,274total exported: 148,533

Tobacco Trade

Tobacco trade is big business, for both the raw material (tobacco leaves) and the finished product (manufactured cigarettes).

Brazil is the largest exporter of tobacco leaf, and the Russian Federation and the USA are the largest importers. Some countries that grow tobacco, such as the USA, also import foreign tobacco as well as exporting their own tobacco leaves. Interestingly, the USA exports approximately the same amount of tobacco that it imports. Because US tobacco is popular globally, and tends to be more expensive than tobacco from other countries, the value of US tobacco leaf exports are about double that of the same quantity of imports.

Manufactured cigarettes are also traded globally. Again, the USA is the largest exporter of manufactured cigarettes, accounting for nearly 20 percent of the world total. Japan is the largest importer of cigarettes.

According to government reports, 846 billion cigarettes were exported, but only 619 billion were reported to be imported. Statistics such as these provide a sense of the size of the cigarette smuggling problem.

China is quietly emerging as a significant cigarette exporter, increasing from virtually no exports in 1980 to over 20 billion cigarettes exported in 2001, worth about US$320 million. In 2005 the value of China’s export trade in cigarettes is predicted to be US$600 million.

Top 10Leaf exporters


Top 10Leaf importers


Braz

ilU

SAZi

mb

abw

eC

hina

Turk

eyIn

dia

Gre

ece

Ital

yM

alaw

iA

rgen

tina

Russ

ian

Fede

ratio

nU

SAG

erm

any

UK

Net

herla

nds

Jap

anFr

ance

Ukr

aine

Pola

ndEg

ypt

343

191

164

132

129

120

101

94 93 73

263 24

119

012

9 113 99

71 70 60 55

h


their health expenditure and 9 times the education expenditure. (Abdillah Hasan in Kajian Fikih Pengendalian Tembakau, Jogjakarta, March 2010)

The government’s ambition in preserving the public health can not be fully handed over to the publics hand. It is the government responsibility to protect the health of their people. The public has right for accurate and honest information about tobacco hazard for health. So far, public information is dominated by tobacco industry. The fact that we lost 5,4 million life annually (or 10 life per minute) due to tobacco smoking (WHO report on The Global Tobacco Epidemic, The MPOWER Package), is never been use as public health campaign source. The death due to tobacco smoking in Indonesia is reaching 427.948 annually (data from 2008) or approximately 49 death per hour (Facts on Tobacco Consumption in Indonesia, Indonesian Tobacco Control Network year 2007, report from Badan Khusus Pengendalian Tembakau Ikatan Ahli Kesehatan Masyarakat / TCSCIAKMI, year 2008)

Instead of the government, “Public Education” about tobacco are mostly done by the tobacco industry. AC Nielsen research in 2006 show, the industry spending for advertisement was reaching 1,6 billion Rupiah, rank third after telecommunication and motorcycle advertisement. (AC Nielsen Research on Advertisement, 2007)

Moreover, we should not forget about this fact: the adult is not the only one who smoke tobacco. The data from the Global Youth Survey in Indonesia show, the prevalence of very young smokers age 5 – 9 years approximately 1,8% (data from 2004). It means, from 100 young children who are not yet enrolled in the fourth grade in the elementary school, two of them smoke.

Tobacco Control leads to the Mass Media Bankruptcy?

“If tobacco control regulation will be implemented there will be many mass media company will run bankrupt, because their source of income from advertisement will decrease.”

Yes, tobacco advertisement does contribute a big chunk of money for their advertisement in mass media, beside the telecommunication and

i


automotive sectors. But if the tobacco companies stop advertising their product, the media will die? All over, around the world it was proven: the media continue to live although they stop taking cigarette advertisement.

The sport, art and culture and education world is depending on tobacco industries?

“The tobacco industry support the development of sport, art and culture and the national education, if it has to be controlled what will happen to these sectors, while the government still has difficulties in managing them.”

The tobacco industry with their ever flooding money is the biggest supporter for sporting events, music and even scholarship. With that amount of money, why not? Moreover, supporting such activities will make their brand stick and remembered by heart by their market audience: the youth.

If tobacco sponsorships are banned, what will happen to those mentioned activities? Will it dies? No, the answer is big no. Everything will be just fine. The South East Asia Soccer Cup (AFF Cup) in 2010 held in Jakarta went well without tobacco sponsorship. Tens maybe hundreds companies from food, infrastructure, mining, bank, automotive and telecommunication both owned by the government and private sectors are ready to take their place as sponsors. Moreover; if we ban tobacco sponsorship from those fields it might also be a reminder for the government that it is their responsibility to support and develop our sport, culture and education trough scholarship.

Tobacco Control is only a trick played by foreign interest in order to conquer our market?

“Tobacco control is a foreigner vested interest (western countries) in order to conquer the cigarette market in the developing countries, especially in Indonesia.”

j


The international convention on tobacco control was first initiated by the developing countries. In the contrary, in the beginning it was The developed countries which has tobacco giants such as the US, UK and Japan were opposing this initiative. If we control our tobacco consumption, those foreign tobacco companies will not dare to enter Indonesia. Philips Morris bought HM Sampoerna because they saw the our potential market, huge population with loose regulations.

For the sake of their own future, the tobacco industry will always hunt for “beginner smokers”. In Indonesia –

where regulations are weak – there is a huge market of beginner smokers. The prevalence of teenage smokers

are still under 5%, there are still a lot of space to expand the tobacco market. Only if we control the

consumption of tobacco product, we will narrow down this space – which will only limit the move of tobacco industries, local

and foreign. n

171

Epilogue

EPILOGUEDevide et Impera

in the Millennium Era

172


173

Epilogue

The Indonesian Tobacco Control Network is only ten years old now. It is not a long time compared to other public advocation movement. Moreover, the group of people involved in this movement are very limited. There are medical doctors and

specialist, public health practitioners, lawyers, also the children’s right and consumer’s right advocation network. Only recently the movement spread and involving many other interest group such as school children, teachers, parents and also journalist, like me.

As a journalist, I am close to many other public advocation’s issues including environmental issue, democratization, gender equality, and also anti corruption. Therefore, I understand that Tobacco Control issue in Indonesia is a lonely issue, not many people are interested in it.

The background of the activist joining the network are not so different. It is understandable, since most of Indonesian activists are

EPILOGUE Devide et Impera

in the Millennium Era

Mardiyah Chamim’s Last Note

174


tobacco addict, as well as amongst journalist. The impact is “Most of them pay no attention on tobacco control issue,” said Setyo Budiantoro who are also active in the Tobacco Control support Center since ten years a go. “They has been able to localized the problem of tobacco control in to technical health problem, it never been treated as a cross sectoral problem which needs multi discipline approach.” said Budi.

As far as I know, tobacco control network is also the most often being misunderstood compared to other movement. Environmental activist for example, facing a lot clearer battle field. There are corporations destroying the environment and easy to bend bureaucracy in one side. While in the other side there are environmental hero, academicians and the civil society pushing for better environment. The map of the game, although some times there are gray areas are relatively clear.

In contrast to tobacco control issue. This issue often twisted to cover up the real issue. For example, as it was discussed in the previous chapter, issues are spread that regulation to control consumption of tobacco product means instant death of tobacco industry. Or other rumors saying this network aims to destroy the livelihood of tobacco farmers and factories labors. A perception build

to steer away public attention from the real issue.

Although it will not happen in the next morning, we have to admit the sunset of tobacco industry is on going ---- it is part of the law of nature. It is natural for human being to demand a healthier life. Slowly but sure, the tobacco industry should face stronger public demand: the public doesn’t want to be trapped in the wall of being passive smokers: the public doesn’t want their children and teenagers being addicted to cigarette to soon; the public doesn’t want to pay huge health cost due to – both active and passive smoking habit.

The publics interest toward better health and quality of life should be mirrored on the government policy, therefore the quantity of smokers are able to be reduced step by step. Many developed countries are seriously taking down that path for the sake of health of their citizen. Therefore,

“....Legislators do not act in vacuum. It is

public opinion that ultimately will dictate the winner of these

battles....”

-The Tobacco Institute,-

175

Epilogue

a city group economic analysis predicted that the sunset of the tobacco industry in the developed world will son be happen within 30 – 50 years a head, even sooner, maybe it is 20 years from now, because Scandinavian countries already developed an integrated program of “no cigarette in 2050.” we don’t need pharmaceutical or insurance industries to go behind the curtain for this tobacco industry sunset to happen in the developed countries. The key is simple, it is the public demand for healthier life what is matter the most.

The sunset of tobacco industry will also come to Indonesia. But seeing what happen in the field, where the government seem to hesitate to implement any of the tobacco control regulations, that sunset will not come any sooner to say for half of a century or tomorrow morning. The sunset might come in 100, 120 or 150 years or even two centuries from now. I don’t know for sure, but one thing is clear that the sunset will not come suddenly like the hyperbolic anxiety spread by the tobacco industry.

Industry, as it was mentioned by Yale University’s researchers, Brownell and Warner in their article “The Perils of Ignoring Industry, they use all tools of public relations as their weapon. They use tobacco farmers and factories labors as their spokesperson in the media, stating their anxiety of their fate and livelihood if the regulation is going to be implemented. “This is their main weapon to neutralize public opinions and blocked the government’s plan for intervention,” Brownell wrote.

The tobacco Institute, a research and development constitute build by the tobacco industry them self, stressed on the importance to invest in this battle of opinions war. It was written in their documents number TIMN0015033-0015064 “......Legislators do not act in vacuum. It is public opinion that ultimately will dictate the winner of these battles...”

176


That kind of battle of opinion is what going on nowadays in Indonesia in the case of tobacco industry versus the demand for tobacco control regulation. In one side, the tobacco control network spreads opinion in the pace of a snail. Many activities (academic discussion, seminars, dissemination of research papers) are done only inside the already existing network of those who care. “If there were foreign funds, it was not much,

it was only for operational purpose. Nothing fancy about it.” said Setyo Budiantoro. While in the other side, the Industries prepare a huge fund for this purpose. They are able to pay the top public relations companies, the best lawyers, and also great creative team to produce jingles, short movies which are attractive, smooth and cool. Commercial advertisement, public service advertisement, music, movies, art performance and sporting event sponsorship, supporting politicians campaign money are part of their move to shape the publics opinion.

In this battle of opinions, many issues are easily twisted as if it is the tobacco control movement facing the public. It is the tobacco control network versus tobacco farmers, factories labors, scientist and medical doctors who are in favor of tobacco, and millions of tobacco smokers. This networks were put in a position that it was against the people and the government who are in need for the tax and economic revenue coming from the industry.

Widyastuti Soerojo, one of the pioneer of the tobacco control movement in Indonesia, experience this strategy of pulling apart the movement from the public which are applied by the tobacco industry. “It just like the devide et impera strategy, they intentionally positioned us in oppositions toward each other,” said this public health expert. “Ten years I have been working in this tobacco control issue, I found this devide et impera strategy is a typical strategy applied by the tobacco industry in Indonesia,” she said.

In many other countries, the public is directly facing the industry in the tobacco control issue. The government present as mediator in court or any other legislation process in various levels. In Indonesia, the situation is different “ Here, the industry is invisible, they hide behind the interest of various other groups which they are in control of. They

It is just like the Dutch

strategy during their colonial time, devide et impera,

they made us fight against each other. Widyastuti

Soerojo, Association

of Indonesian Public Health

Expert.

177

Epilogue

made this group of people confront each other,” said Widyastuti. “Sadly enough, the government, who should act as mediators and worked for the public interest did nothing about it and let it happen.”

The statement from Eva Kusuma Sundari, a parliament member from PDIP party show us how successful this strategy is. The parliament member from Kudus, Central Java, stated “The highest basic human right is the right to live, therefore it is important for me to make sure there are no life are claimed by tobacco smoking,” she said.

However, she added, “ What is more important: there are no tobacco factories labors who lost their livelihood over as the impact of tobacco control regulation.” Her party, PDIP, she said, is a party which is close to the tobacco farmers and tobacco workers. “We have to be faithful to our mission in defending the interest of these marginal people.” during an interview with the team of this book writing.

For tobacco issue, PDIP will stand on the farmers and labors side. “It is about nationalism, our national interest is at stake.” said Eva. “Our national interest for now is still around agriculture, that is a fact. Therefore, the government should not only fight for the WHO agenda which is steered by developed countries.”

The nationalism sentiment is intentionally build by the tobacco industries and other related party. Kretek is repeatedly mentioned as part of our cultural heritage which has to be preserved --- although it will cost us death and the decreasing quality of the public health. We tend to forget that, tobacco smoking and nicotine is an imported culture from the Dutch colonialism era. “If even it is true that kretek is our original culture, should we hold on to it blindly and put the quality of the public health at risk?” Said Dr.Kartono Mohamad, one of the tobacco control network activist.

The industry use the life of farmers and the factories labors as their shield, they did it regardless the fact that their quality of life is miserable (read chapter I : I am not against tobacco). They develop groups which seems to fight for the farmers and labors interest. While in fact they

Here the industry is invisible,

however they are able to

move various group in our society to go fight against each other. Widyastuti

Soerojo

178


use various tricks to keep farmers from growing other commodities other then tobacco. Based on Kartono’s information, there are farmers who came to the tobacco control activist, stating that they wanted to change their tobacco farm in to coffee. Tobacco is no longer a promising commodity since it depends so much on the weather, moreover there are tricks played by grader and middle men buyer to control the price of tobacco leaf. However, “Based on the farmers confession, they were prevented from doing so --- they have to keep growing tobacco,” said Kartono.

Hakim Sorimuda Pohan, former member of the parliament from Democrat Party, sharing his experience in meeting many tobacco farmers and factory labors in various places in Indonesia. “They were trapped by a modern neocolonialism,” he said. Farmers have to borrow money from this middle men buyer for planting their tobacco, however during harvest time this buyer will play the price of the tobacco leaf as they wish. The thin benefit margin from the harvest made them have to borrow another sum of money for the next planting season. “It goes round and round” said Hakim, “Farmers could not get away from this vicious circle.”

Abdillah Ahsan, researcher from LD – FEUI, agree that the fate of tobacco farmers are miserable. The LD – FEUI research shows, the cost for

Condition in one of Gudang

Garam’s tobacco warehouse

in Pare village, Bulu, Temanggung

District, Central Java. Tuesday,

21/09/2010 (Kompas Image/

Kristianto Purnomo)

179

Epilogue

tobacco growing is Rp. 8.386 per square meter per planting season, while they will only earn as much as Rp.12.448. “They will only earn Rp. 4000 per square meter per planting season.” said Abdillah. With the pattern of land owner like now, where most farmers only have small amount of land, not even reaching one hectare, you can imagine the benefit margins the farmers received it will not be enough to support a decent life.

If the life of tobacco farmers and tobacco factories labors are not as good as what the industry has claimed, the next question is “ who are the one being used in this tobacco control issue?” Abdillah Hasan responded this question with his research, “The fact is, the tobacco farmers and tobacco factories labors are not proportionally counted within the tobacco industry’s operational cost. So, you are free to conclude, that they have the biggest interest in keeping the structure and condition as it is today.”

Mawarwaty, former Indonesian delegation on the WHO meetings during the development of the FCTC in 1995 – 2002, refuse the claim that tobacco control is an agenda pushed by the developed countries. “In fact, it was an initiative from the developing countries such as Indonesia, India, Thailand,” she said. “We are anxious about the decreasing quality of the publics health caused by the tobacco smoking epidemic. The impact is cross borders, therefore we need an international cooperation.”

In the beginning, Mawarwaty remembering, the US, Japan and UK are opposed to the FCTC initiative. “They brought the interest of their industry,” said the former chief secretary of BPOM. “The US has Philip Morris, UK has BAT and Japan has Japan Tobacco, therefore these developed countries were opposing the FCTC in the beginning.”

What Mawarwaty has witnessed, are in line with what Brownell and Warner wrote in The Perils of Ignoring Industry. “ for years the FCTC drafting were opposed by few developed countries lead by the US,” they wrote. However the developing countries were not backing off and keep on going for the FCTC development.

In 2003, the World Health Assembly, the minister of health from the WHO member state meting, declare an official statement of FCTC which in it regulate the high price, strong regulation for advertisement and also

180


ban on aggressive marketing. The US is undecided until it last moment. Even Mr Bush senior did not handed the FCTC draft to the US congress. “What was happened during this FCTC made the US received a bad name, known as a country which put their industry’s first over the health of the public in the developing world,” Brownel and Warren wrote.

Later on, after the international spot light it has gained the Bush administration agreed to ratify the FCTC. The price of cigarette were increased, there stronger regulation on advertisement and in various states there are strong regulations regarding smokers. This has a serious impact on the health of Altria, the parent company for Philip Morris.

The drama of FCTC has shown us, how this issue has been twisted around. FCTC mentioned as the developed world’s agenda “ No way, that is not true,” said Mawarwaty in a high pitch tone. “We are Indonesian delegation, coming to the WHO meetings using the government’s money. We have a duty to fight for Indonesian national interest.”

Each time the delegation has to meet in FCTC meetings, in Geneva or any other places, the delegation consult many other party, including the ministry of finance, tax directorate, ministry of Industry, ministry of

Female workers sorting

tobacco leafs in the BAT

Indonesia’s warehouse

in Lombok< west Nusa Tenggara, Friday, 29

August/2003 (TEMPO/

Taufik Subarkah)

181

Epilogue

trade and ministry of foreign affair. “We also meet and listen to tobacco farmers and the industry’s representation,” said Mawarwaty. “Everything was discussed comprehensively, it was not all of the sudden without deep consideration about various aspect. At that time our delegation turned down the suggestion on criminalization toward children who are buying cigarette, because that is still happened in Indonesia.”

Mawarwaty continue, as a framework, FCTC intentionally designed not to bind obligations from the ratifying countries. “It is called a framework, it is up to the ratifying countries to translate it into national policy and regulation.” she said. “Every countries are given spaces to develop regulations and policy according to their own specific condition, including to prepare various scheme for their tobacco farms and industries. The sad thing is, Indonesia has not ratify it until today. The implication is, our voice could not be heard within the various FCTC meeting and group works.” said Mawarwaty.

Indonesia also lost chances to use the Global Fund for tobacco control, an international fund generated to develop programs regarding tobacco control. Brazil for example, as a ratifying country, they are able to access training and facilitation fund to migrate from tobacco farming into other commodities. Various security scenarios were prepared by the FCTC to work along tobacco control implementation in various countries. “So, it is not trues that the FCTC intend to kill the tobacco industry instantly. The fate of tobacco farmers and cigarette factories labors are counted.” said Mawarwaty.

Mawarwaty questioned the government priority and the legislators as the public policy makers. “How about the life of millions of children who are exposed to the tobacco smoke continuously in their own home?” she said. “If the government is no longer paying attention to the quality of our future generation, what can we expect more?” n

182


“How about the future of millions of children who are exposed to tobacco smokes in their own house? If this country is no

longer paying attention to the quality of their future generation, what can else we expect from it?“

- Mawarwati Djamaluddin -

183

Appendix

LAMPIRAN - Liputan Media

- Dokumen Industri Rokok

184


Appendix A :Media Coverage

Covering the farmer’s life, Challenging the parliament’s arguments

We have to admit that mass media coverage regarding tobacco control issue in Indonesia is still very limited. Moreover, most of our journalist still thought, tobacco control issue is merely a health issue, therefore it never been put on their headlines. Some other

journalist consider, tobacco is not a serious threat for the public, so it is not worth covering.

Therefore, the Alliance of Independence Journalist Jakarta chapter (AJI Jakarta), held many workshops and scholarships for media coverage regarding tobacco control. As a professional journalists organization, AJI has an obligation to make sure that journalist has a balance perspective, adequate information and accurate data in covering issues that clearly important for the public such as tobacco control. It is dangerous to let an issue sinked and escaped from the public attention only because the journalist didn’t understand the magnitude of the issue.

Some of the journalist attending AJI’s course tried to investigate the issue of tobacco control in Indonesia further. These are their findings, and to be honest, some are quite shocking.

Some media covered the poor living conditions of tobacco farmers in various tobacco production center across Central Java and East Java. Tobacco farmers, who often mentioned as a group that will be hit the hardest if tobacco control regulation is implemented, in fact is already suffering due to unfair trade and farming system set by grader and big factories.

Some other media wrote about the tobacco farmers association which often stand on the front line to refuse tobacco control regulation. The journalist found that the association is not a grass root organization, moving bottom up. Some of it’s member are tobacco farm land lords and tobacco collectors. On top of that, part of it’s operational cost even coming from tobacco factories.

Some of the journalist also covered the parliament’s member maneuver to decline the draft of Tobacco Control law. One media mapped out the opinion of all fraction in the parliament regarding tobacco control and tried to find out the

185

Appendix

motive behind their strong rejection. The missing tobacco article within the 2009 Health Law, is a hot topic in the Indonesian mass media for some times.

Trough intensive media coverage, the public finally realized that the refusal of tobacco control regulation in Indonesia is actually designed to met the interest of a small group of people. Those who are profiting from the tobacco industry, the few powerful elite in our economy. Because of the weak government’s regulation in protecting the public health. The right of the public for health, especially women and children --who are often voiceless-- are abandoned. Regardless the fact that women and children are those who will suffer the first and the worst due to tobacco smoking.

The media now turning their attention toward the executive body. If the parliament refuse to sign the Framework Convention on Tobacco Control (FCTC) – an international framework for tobacco control from the World Health Organization (WHO)-- Why does the presidential palace keep silent? Why does political parties behind the present government set a double standard? Those are some questions the journalist posed lately.

Through indepth coverage and reports, journalists and their media tried to serve the public interest. It is the public right to know why their government and parliament do not fight as hard as they should to protect the public health. It is also the publics right to know about all the myths that the tobacco industry has spread in order to prevent any effort to control tobacco smoke in this country.

This task is not an easy one, they often has to face the commercial interest of the media where they work. It is undeniable that the tobacco industry contribute a large proportion of income for the Indonesian media trough advertisement. Disturbing the tobacco industry’s interest carry the risk of loosing advertisement and sponsorship for the media.

Therefore, it is important for the public to appreciate the work of these journalists. With all their limitation and obstacle, they try to lit the candle in the dark. Hopefully these journalistic works will inspire you.

Wahyu DhyatmikaChairman of AJI Jakarta

186


Dewi Kurniawati & Anita Rachman Jakarta Globe November 02, 2010

Big Tobacco’s Big Influence Keeps Indonesia Lighting Up

A worker drying tobacco leaves in Klaten, Central Java. The industry employs at least 824,000 people.

Jakarta. When Health Minister Endang Rahayu Sedyaningsih announced on Oct. 22 that the government would restrict tobacco advertising, there was no shortage of public skepticism.

That’s not surprising, given the degree to which cigarettes and smoking are ingrained in both Indonesian society and the economy, making it one of the most “free smoking” places in the world at a time when many other countries have sharply curtailed public use of tobacco.

Skepticism was also reinforced by 2009’s “missing clause” scandal, in which a statement declaring tobacco an addictive substance went missing from the 2009 Health Law.

Missing Signature

“Indonesia is a Disney World for the tobacco industry,” Douglas Bettcher, the director of the World Health Organization’s Tobacco Free Initiative, said last week. He cited low taxes, low prices and the lack of graphic warnings on Indonesian cigarette packaging as contributing to a pro-smoking environment.

While 171 countries have signed on to the landmark WHO Framework Convention on Tobacco Control, Indonesia is not one of them. The cost of inaction: More than 200,000 Indonesians die each year from tobacco-related illnesses, according to the 2010 Asia Pacific Conference on Tobacco or Health (Apact).

At a conferenc e in Sydney in October, Apact passed a resolution denouncing Indonesia for being the only Asian country not to have signed the tobacco convention. The declaration was backed by 700 delegates from 41 countries who attended the conference. But tobacco puts the Indonesian government in a quandary: Does it risk the health of the public in order to continue protecting an industry that generates huge tax revenues for the state? Is mounting international criticism worth it?

187

Appendix

The Hidden Lobby

Another question is whether the powerful tobacco industry would surrender to regulations it was sure to find stifling. How does the industry protect itself? It may be common knowledge that the tobacco lobby wields potent influence within the government and the legislature, but uncovering the details of exactly how that pull is exercised can be difficult.

To give an idea of how deep the relationship runs between tobacco and the government, journalist Wisnu Nugroho, in his book “Pak Beye dan Istananya” (“President SBY and His Palace”), included a picture of a Rolls Royce with the license plate number “234” parked inside the palace. The public immediately associated the car with Sampoerna’s Dji Sam Soe brand, which carries those numbers on packs of its cigarettes.

“That is a strong indication that the president has been swayed by the tobacco industry,” said Kartono Muhammad, a leading antitobacco campaigner and former chairman of the Indonesian Doctors Association (IDI).

The president’s office denied that the Rolls Royce had any connection with the palace. So does the tobacco lobby really reach into the palace? “I believe so,” said a source with inside knowledge of the lobbying industry who refused to be identified.

“More than a decade ago, each tobacco company appointed two or three employees to be part of a [secret] joint task force that would study the threats the industry will face in the future,” the source claimed. “Each company also pledged to provide unlimited funds for lobbying.”

The source, who was directly involved in lobbying, said that the industry effort, which began long before the current government took office, goes from local politicians all the way up to key members of the House of Representatives and officials in government ministries.

“This has been going on for decades, and will continue,” the source said. “That is just their way of surviving.” Kartono said he believed the clause on tobacco that went missing from the health bill — which the House secretary general’s office claimed was due to a technical error — was an example of secret lobbying. “I know that the tobacco industry was really concerned about the insertion of that clause,” he said.

While the clause declaring tobacco to be an addictive substance was reinserted into the 2009 Health Law after its omission was publicly revealed, the tobacco industry is widely expected to continue lobbying the government about the contents of a new draft regulation that would implement the law’s tobacco provisions.

188


Making It Hurt

The current draft regulation includes a total ban on tobacco advertising, promotions and sponsorships. It also requires tobacco companies to include graphic warnings — similar to those required in Singapore and Hong Kong — covering at least 50 percent of a cigarette pack.

In addition, it bans the use of words like “mild,” “light,” “low tar” and “low nicotine” that could be interpreted as meaning those tobacco products were safer. The draft regulation also requires the government to create smoking-free areas and enforce a total smoking ban in public places, especially indoors.

This would be a shock to the system for the Indonesian Association of Advertising Agencies (PPPI), which has said the regulation would adversely affect its members’ revenues because tobacco companies are among the nation’s five biggest advertisers, particularly on television.

Endang, the health minister, has conceded that tough tobacco control regulations would severely affect the industry, which is, after all, the point. However, the regulations have yet to be formally issued, prompting claims that the “invisible hands” of the tobacco industry are at work behind the scenes.

“I am sure there are people somewhere out there carrying suitcases full of money, trying to stop the regulation from going into effect,” the Jakarta Globe’s lobbying source said. Yos Ginting, director of corporate affairs at HM Sampoerna, a subsidiary of Philip Morris International, said that any allegations of bribery or illegal influence by the tobacco industry “should be investigated thoroughly.”

The Missing Clause

On Sept. 11, 2009, House Commission IX, which oversees health affairs, met officials from the ministries of health and justice to finalize the health bill, which included language classifying tobacco as an addictive substance.

Eight of nine House factions agreed to forward the bill to the House plenary session on Sept. 14, 2009, for passage. The tiny Prosperous Peace Party (PDS), was the only faction that refused to endorse the bill.

Then deputy chairwoman Ribka Tjiptaning, from the Indonesian Democratic Party of Struggle (PDI-P), and Asiah Salekan, another former lawmaker from the Golkar Party, told a press conference in September that the commission received last-minute appeals from the Indonesian Tobacco Farmers Association, the Central Java Regional Representatives Council and the District Legislative Councils Association. “They wanted the House to take their objections about the tobacco

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article into consideration,” Ribka said.

She said the Tobacco Farmers Association threatened to hold a huge rally on the day the House was scheduled to pass the health bill, and noted that the growers were worried that the clause would hurt their livelihood. Ribka admitted that she issued a written order to the House Secretariat’s office to remove the “addictive” clause from the bill, but said it was not to take effect until after further consultations with senior lawmakers.

Putting a Price on Health?

At the Sept. 14, 2009, plenary session, the clause was still in the health bill. After the House passed the bill, it was sent to the House Secretariat. However, the clause mysteriously vanished after the House Secretariat sent it to the state secretary’s office for the president’s signature. In effect, there were two versions of the bill — only one of which declared tobacco addictive.

All hell broke loose when Hatta Rajasa, who was state secretary at the time, acknowledged in early October 2009 that the controversial cause had been deleted from the law. The ensuing outcry resulted in the clause being reinserted. “The missing tobacco clause is clearly not a technical problem,” said Kartono, the antitobacco campaigner. “Technically, the head of the House Secretariat’s office is responsible for that missing clause. The question is, who told [the lawmakers] to delete it?”

The Globe has obtained a copy of Ribka’s written order to the House Secretariat, calling for the language about the addictive nature of tobacco to be excised. “The big question is: why did these [lawmakers] delete the clause? Whose interests are they defending? The probability is that it was the tobacco industry,” Kartono said.

“There’s a possibility that these [lawmakers] received money, not just for themselves, but also for their parties,” he said. Another industry source claimed that some House members had been known to solicit bribes in exchange for passing legislation in favor of tobacco producers.

“They come up with blatant requests, or they nuance it by saying, ‘Oh, my house needs repairing’ or ‘my car just broke down,’ ” the source said. During an investigation into the wayward clause, the House Ethics Council questioned Ribka, Asiah and Golkar’s Mariani Baramuli, another Commission IX deputy chairwoman.

The three acknowledged ordering the deletion of the clause, Kartono said, and the council later said it would follow-up the issue of the three lawmakers, but it has yet to do so. Kartono said he suspected that “this has been subject to political bartering.”

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Ribka and former legislators Asiah and Mariani were later reported to the National Police by Hakim Sorimuda Pohan, a former Democratic Party lawmaker, for removing the clause. However, the National Police dropped the investigation “because it’s not categorized as a crime.” Hakim, who now works on behalf of antitobacco activists, called the decision to drop the case “despicable and disgusting.”

For their part, the three lawmakers have filed a defamation lawsuit against Hakim and Kartono for accusing them of taking bribes to excise the clause.

“They said we allegedly received hundreds of billions of rupiah. That is not true,” Ribka told the Globe. “We never wanted to delete the clause.” She denied receiving bribes or asking for money in the matter.

How Big Is Big Tobacco?

Cigarette companies are among the country’s largest employers and taxpayers. In the 2010 state budget, the government forecast Rp 55.9 trillion ($6.3 billion) in excise revenue, the vast majority from cigarette companies. The industry directly employs at least 824,000 people.

But big tobacco is also being targeted from many directions, and the voices of its opponents are getting stronger, including, surprisingly, Muhammadiyah, the nation’s second-largest Muslim organization, which had declared smoking haram, or forbidden.

The Indonesian Tobacco Alliance (Amti), an industry umbrella group, argues that controls on tobacco should be fair to all stakeholders. “The tobacco industry is a legal business in Indonesia, and it involves millions of people. I urge the government to impose fair regulations on all parties,” Agung Suryanto, Amti’s deputy secretary general, told the Globe.

He also said the alliance wanted any regulations that limited or banned cigarette advertising to be clearly drawn up. “We agree not to sell cigarettes to children, but as a legal business, we have the right to communicate with our adult consumers,” Agung said.

Funding to report this special package on tobacco was made possible by a grant from the Jakarta chapter of the Alliance of Independent Journalists (AJI).

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Hans David Tampubolon, The Jakarta Post Wed, 10/20/2010 9:23 AM | Special Report

Do industry tentacles dictate tobacco control?

Having served as the butter and bread for millions of poor Indonesians in rural areas, the tobacco and cigarette industry has seemingly utilized its political clout

well in allegedly undermining efforts to introduce full-fledged tobacco control policies. The Jakarta Post’s Hans David Tampubolon gained a fellowship from the

Alliance of Independent Journalists (AJI) to report on the issue:

Almost a year ago, President Susilo Bambang Yudhoyono’s failure to favorably consider and appoint senior physician Nila Djuwita Anfasha Moeloek as health minister triggered public bewilderment. While the Presidential Palace insisted this was due to Nila’s failure to pass a

psychological examination, the controversy surrounding the incident grew.

Health activists accused the multi-billion-dollar tobacco industry of playing a role in quashing Nila’s appointment over concerns that her husband’s advocacy of tobacco control might undermine the industry. Nila’s husband, Farid Anfasa Moeloek, was the health minister under former president Baharuddin Jusuf Habibie. Both Nila and the Presidential Palace denied the allegations.

However, with several regulations on tobacco control shelved for years, there is now growing suspicion that the industry’s tentacles have a firm grip on policymakers. A bill on tobacco control in response to the government’s signing of the Framework Convention on Tobacco Control (FCTC), and a government regulation on tobacco control as mandated by the 2009 Health Law have so far remained on the backburner, thanks to the Health Ministry, which is supposed to spearhead their passage.

The tobacco control bill has been under intense deliberation since 2008, but was killed off in September last year. Democratic Party politician and former legislator Hakim Sorimuda Pohan said he believed it was obvious the regulations were shelved as the industry’s reach into the country’s political sphere was ubiquitous.

“It’s no longer a rare phenomenon for the industry to play a major role in politics, and around policymakers,” Hakim said.

In 2005, a cigarette tycoon in his Rolls Royce paid regular visits to Yudhoyono at the Presidential Palace. Surprisingly, the rare car was parked in public view. “The visits were common knowledge,” said Hakim, whose party was founded by Yudhoyono.

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Yudhoyono’s youngest son Edhie Baskoro, the Democratic Party secretary-general, also has an office inside a building owned by the cigarette tycoon. Edhie refused to comment on this or on his business affairs.

But the industry lobby goes deeper than this, given the huge amounts of money at stake and the number of workers in the business. The country’s cigarette companies had a combined revenue last year of more than Rp 85 trillion (US$9.4 billion), and employ more than 600,000 workers directly and 10 million indirectly. With a seemingly endless amount of cash in hand, it may seem obvious that many policymakers are lured into the industry’s tentacles.

In early 1992, documents showing correspondence between executives of a European tobacco giant with its Indonesian counterpart were revealed to the public. The documents revealed explicitly how the company managed to lobby Indonesian ministers and legislators to not include tobacco as an addictive substance in regulations and laws. “What happened back then illustrates how the industry already had a major influence among government officials and legislators,” Hakim said.

Last year’s incident over the disappearance of several articles related to tobacco control in the newly passed health law also served to breed suspicion over the industry’s clout in directing policy. The legislators involved were allegedly rewarded with kickbacks from the industry.

On the evening of Sept. 11 last year, a meeting was held at the House of Representatives’ Commission IX between legislators Ribka Tjiptaning of the Indonesian Democratic Party of Struggle (PDI-P), Asiah Salekan and Mariani Baramuli of the Golkar Party, and Faiq Bahfen, the Health Ministry’s inspector general.

Commission IX oversees health and social affairs.

Ribka, the commission’s chairwoman at the time, said the meeting was called following a request from Faiq, who suggested that several articles mentioning tobacco as an addictive substance should be secretly omitted from the master copy of the health law. Faiq, Ribka said, insisted on the omission because the articles could strongly affect the livelihood of tobacco farmers and trigger massive protests. Faiq, whose main task at the ministry was to supervise internal use of the state budget, wrote his suggestion by hand on a piece of paper handed over to legislators.

The legislators, however, claimed they would not comply with Faiq’s request unless fellow legislator Umar Wahid, the committee chairman for the health bill deliberation, joined the club. Umar, a National Awakening Party (PKB) legislator, refused to join the meeting as he was away on a trip outside the city. However,

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the three legislators then took a chance by striking a deal with Faiq without Umar.

With their signatures as a token of approval, Faiq then filed a report to the House’s legal affairs bureau to make the omissions in the master copy before it was submitted to the House’s plenary session and the State Secretariat, Adrian, the head of the House’s legal affairs bureau, said. However, when Umar found out about the missing articles, he contacted Ribka to undo them, but his attempt was too late.

Adrian claimed to have received no instruction from Faiq or Ribka to undo the omission. “They probably forgot to tell us to undo the deletion because both the Health Ministry and Commission IX were occupied in deliberating other bills.” A commission official speaking on condition of anonymity, said there was widespread speculation at the time that legislators received Rp 300 billion (US$33 million) for making the omissions.

Ribka, Asiah and Mariani denied the allegations at a press conference earlier this month, while Faiq refused to reply to a text message requesting clarification. Ribka claimed the omission was an unintentional technical glitch. However, Hakim, who was involved in deliberating the health bill, says he believed otherwise. “The police have a valid document showing a written instruction to delete the articles. If the mistake was unintentional, such document could not exist,” Hakim said.

Anti-tobacco activists spotted the omission a month after the bill was passed, and reported the case to the police. However, the police dropped its investigation Tuesday, citing a lack of evidence. But questions remain whether the tobacco and cigarette industry had a hand in influencing the course of the health law.

Indonesian Tobacco Farmers Association (APTI) chairman Wisnu Brata confirmed there was an attempt to lobby legislators to remove the controversial clauses from the health law. “Yes, we did send a letter to the House [to remove the clause]. I don’t see anything wrong with that. We have the same rights as other Indonesians in voicing concerns over something that may affect our interests and livelihoods,” he said.

Wisnu added that the livelihoods of 2.5 million tobacco farmers depended on the content of the health law.

He said the association held direct hearings with legislators during the deliberation of the bill to promote their interests, but did not make any attempts to bribe them. “We are only farmers. We don’t have the resources to bribe them,” he said. Wisnu also denied ever knowing Faiq. Indonesian Cigarette Producers Association (Gappri) chairman Ismanu Soemiran refused to comment on the story. However, in an interview in May last year, he denied any attempts were made to

194


Key issues in tobacco control bill and government regulation on tobacco control

Major tobacco companies

Top 5 Consuming Countries

1. Prohibiting children from selling or purchasing cigarettes2. Setting up no-smoking areas3. Limiting cigarette advertising, promotions and endorsements4. Sentences of up to five years in prison and/or Rp 1 billion in fines for violators5. Quota on cigarette production6. Cap on the number of cigarette companies

1. Gudang Garam2. Sampoerna (Philip Morris)3. Djarum4. Bentoel (British American Tobacco)5. Nojorono

CountryChinaUnited States Russian FederationJapanIndonesia

No.12345

Cigarettes (in millions)2,162,800357,000331,440258,500239,000

Source: The 2007 Report. ERC Statistics Intl PIc.

bribe legislators and government officials to benefit the industry. “Do legislators have any evidence that we’re financing farmers to stage protests in opposition to the bill, or to lobby legislators?” he said.

Health Ministry secretary-general Ratna Rosita also denied allegations that the ministry was not serious in pushing for the passage of tobacco control regulations. She also down played any internal investigation into Faiq, who is now retiring. “The [master] copy of the health law that we obtained was the complete version without any missing articles. So we are not to blame.”

Industry profile:

According to the latest data from the National Commission for Tobacco Control, 65 million people consume cigarettes in Indonesia, with the largest segment of smokers between the ages of 15 and 19. Of the total number of smokers 65 percent are men, and 80 percent of smokers use clove-flavored cigarette, or kreteks.

The commission also said that 70 percent of smokers in Indonesia were from low- to middle-income backgrounds.

With 3,800 cigarette companies, including home industries, Indonesia is the world’s largest cigarette production hub, the Directorate General of Customs and Excise claims.

Major tobacco companies1. Gudang Garam2. Sampoerna (Philip Morris)3. Djarum

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Appendix

Key issues in tobacco control bill and government regulation on tobacco control

Major tobacco companies

Top 5 Consuming Countries

1. Prohibiting children from selling or purchasing cigarettes2. Setting up no-smoking areas3. Limiting cigarette advertising, promotions and endorsements4. Sentences of up to five years in prison and/or Rp 1 billion in fines for violators5. Quota on cigarette production6. Cap on the number of cigarette companies

1. Gudang Garam2. Sampoerna (Philip Morris)3. Djarum4. Bentoel (British American Tobacco)5. Nojorono

CountryChinaUnited States Russian FederationJapanIndonesia

No.12345

Cigarettes (in millions)2,162,800357,000331,440258,500239,000


4. Bentoel (British American Tobacco)5. Nojorono

Regulations on tobacco control National level

1999 Government Regulation on Cigarette Precaution for Health, which was revised through the 2003

Government Regulation

Jakarta1. 2005 Decree on Air Pollution2. 2005 Gubernatorial Regulation on No-Smoking Areas

Surabaya1. 2008 Decree on No-Smoking Areas

Highest per capita cigarette consumption/adult/yearRank Country Consumption1 Greece 3,0172 Slovenia 2,5373 Ukraine 2,5264 Bulgaria 2,4375 Czech Republic 2,3686 Macedonia 2,3367 Russia 2,3198 Moldova 2,2399 Spain 2,225

196


10 Bosnia & Herzegovina 2,14512 Japan 2,02825 China 1,64839 United States 1,19652 Indonesia 97471 Malaysia 64672 Thailand 634


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METRO REALITAS 3 NOVEMBER 2010

“SKANDAL AYAT TEMBAKAU”OPSI FILLER:

- SOT HAKIM SORIMUNDA POHAN - KASET DV – 6691041.31.55 – 1.34.02 Kata2 tersangka itu dipakai penyidik saat mengirim surat pada

tgl 12 april 2010, disebutkan ada 3 tsk lengkap dg namanya!!! Itu dikeluarkan 2 minggu setelah kita melapor ke mabes!!!

1.54.53 – 1.55.52 Visual hakim sorimuna tunjukkan surat dari bareskrim 24 agustus 2010 nyatakan sbg tersangka, dittd kombes pol agus sunardi. Jadi klo mabes polri katakan belum pernah periksa, itu sama saja dg menelan ludah sendiri. Menjijikkan itu!!!

- SOT ADRIAN, MANTAN PEGAWAI SEKT KMS 9 - KASET DV – 6101019856.55 – 57.57 Saya sudah diperiksa di mabes. Ada perintah gak?? – kan sudah

ada bukti2nya semua itu, ada ttd mereka semua. Saya terima hari jumat sore itu. Yg berikan suratnya pak faiq. Apakah malam itu dipanggil bu ribka?? – surat aja yg keluar dr ruangan bu ribka..

- SOT RIBKA MARAH2: KASET DV – 671041148.06 – 49.40 Apa betul ada aliran uang ke pdip?? -- ya sudah....buktikan saja.

Yg laporin itu bisa buktikan tidak alirannya dari siapa ke siapa?? Buktikan dg pasti, saya jg penasaran ingin tahu. Saya akui saya yg paraf u/ merubah, tp saya tdk minta dihilangkan. Sekretariat kan sudah ditanya semua apakah saya yg memerintahkan, tdk ada yg bilang bgitu.

- SOT RIBKA TJIPTANING – KASET DV - 6710411

52.58 – 53.18 Ya sudahlah metro tv bilang aja sekalian penjarakan tjiptaning. Metro tv dibayar berapa sih??

SEGMEN SATU

MABES POLRI PADA TANGGAL 12 OKTOBER 2010/ TELAH MENGELUARKAN SURAT PERINTAH PENGHENTIAN PENYIDIKAN ATAU S-P TIGA ATAS KASUS PENGHILANGAN AYAT 2 PASAL 113 UNDANG-UNDANG KESEHATAN TAHUN 2009//

CG = ISKANDAR HASAN / KADIV HUMAS MABES POLRIKASET DV – 61010154

07.21 – 08.49 Knp mabes polri keluarkan sp3, alasannya apa?? – dari hasil direktorat I, kss itu mmg sudah di SP3 pd 12 okt 2010 kmrn.

198


Dasarnya adl gelar perkara yg membahas 8 kesaksian. Dr situ disimpulkan tdk ada tindak pidana

RIBKA/ BERSAMA DUA ANGGOTA KOMISI 9 DPR LAINNYA/ ASIYAH SALEKAN DAN MARYANI A BARAMULI/ BATAL DIJADIKAN TERSANGKA PENGHILANGAN AYAT TEMBAKAU/ KARENA TIDAK ADA BUKTI YANG CUKUP UNTUK MENJERAT MEREKA///

CG = ISKANDAR HASAN / KADIV HUMAS MABES POLRI

KASET DV – 61010154

09.06 – 09.48 Yg dilakukan saat itu adl percobaan ayat/dokumen negara, apa gak masuk pidana?? – krn sebenernya dokumen asli yg dittd presiden itu ayat2nya lengkap. Itu dasarnya!!!

RIBKA TJIPTANING/ ASIYAH SALEKAN DAN MARYANI A BARAMULI KINI BERNAPAS LEGA// SELAMA HAMPIR SATU TAHUN KETIGANYA DI CURIGAI SEBAGAI TOKOH YANG MENGHILANGKAN AYAT TEMBAKAU// UNTUK ITU KETIGANYA BERENCANA AKAN MENUNTUT BALIK PIHAK PIHAK YANG TELAH MENUDUHNYA//

CG = RIBKA TJIPTANING / KETUA KOMISI 9 DPR

24.24 penzaliman dirinya dan pembunuhan karakter sebagai politisi

CG = ASIYAH SALEKAN / ANGGOTA KOMISI 9 DPR 2004 – 2009

26.26 namaku terpampang, saya sabar, kita buktikan secara hukum, kami tidak terima

CG = MARYANI A BARAMULI / ANGGOTA KOMISI 9 DPR 2004 – 2009

46.46 saya tidak pernah menjual, saya akan melawan, saya dizalimi, sangat menyakitkan hati, nama baik diobrak abrik, kita harus tuntut

KEJANGGALAN PROSES PENYIDIKAN KASUS INI MAKIN KENTARA// JAUH HARI SEBELUM DIKELUARKANNYA SP – TIGA/ MABES POLRI TELAH MENGELUARKAN SURAT PENETAPAN TERSANGKA KEPADA RIBKA TJIPTANING/ ASIYAH SALEKAN DAN MARYANI A BARAMULI// SURAT PENETAPAN TERSANGKA TERSEBUT DITUJUKAN KEPADA KOALISI ANTI KORUPSI AYAT ROKOK// ANEHNYA LAGI KETIGA ANGGOTA DEWAN KOMISI 9 DPR PERIODE 2004 – 2009 BELUM PERNAH DIPERIKSA OLEH MABES POLRI//

CG = HAKIM SORIMUNA POHAN /

KASET DV - 669104

1.54.53 – 1.55.52 Visual hakim sorimuna tunjukkan surat dari bareskrim 24 agustus

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2010 nyatakan sbg tersangka, dittd kombes pol agus sunardi. Jadi klo mabes polri katakan belum pernah periksa, itu sama saja dg menelan ludah sendiri. Menjijikkan itu!!!

1.31.55 – 1.34.02 Kata2 tersangka itu dipakai penyidik saat mengirim surat pada tgl 12 april 2010, disebutkan ada 3 tsk lengkap dg namanya!!! Itu dikeluarkan 2 minggu setelah kita melapor ke mabes!!!

1.34.14 – 1.34.50 Pada surat berikutnya 24 , bahkan ditulis jelas TERSANGKA dg 3 nama orang tersebut. Anak tk jg bisa baca itu tersangka!!!

CG = ADNAN / ICW

KASET DV – 669104

1.24.47 – 1.25.41 Terbitnya sp3 yg tidak profesional ini saya rasa bukan karena penyidiknya tulalit. Ini masalah sepele kok. Pejabat negara melalui memo yg dia kirimkan untuk hilangkan ayat. Aneh klo polisi bilang itu bukan pidana!!!

1.21.41 – 1.22.33 Yg harus kita waspadai dr keluarnya sp3 ini adl praktik barter politik, barter kasus. Jangan sampai penunjukan kapolri baru ini dibarengi dengan barter politik. Bila itu terjadi, kita melihat saat ini mabes polri punya banyak pe-er

CG = TULUS ABADI / YLKI

KASET DV – 669104

1.13.21 – 1.14.23 SP3 ini adl blunder mabes polri. Paling tdk harusnya sdh diperiksa lbh dulu. Bareskrim belum bekerja apa2. jangankan diperiksa, dipanggil aja belum kok!!!

SEDIKIT DEMI SEDIKIT PENGHILANGAN AYAT TEMBAKAU SEMAKIN TERKUAK// AYAT TEMBAKAU SENGAJA DIHILANGKAN OLEH STAF SEKERTARIAT KOMISI 9 DPR BERNAMA ADRIAN// ADRIAN-LAH YANG SAAT ITU DIBERI MANDAT LANGSUNG UNTUK MEN-DELETE AYAT 2 PASAL 113 RANCANGAN UNDANG-UNDANG KESEHATAN// ADRIAN TELAH DIMINTAI KESAKSIAN OLEH PENYIDIK MABES POLRI PADA 7 MEI 2010///

CG = ADRIAN / STAF BIRO HUKUM DPR

KASET 61010198

56.55 – 57.57 Saya sudah diperiksa di mabes. Ada perintah gak?? – kan sudah ada bukti2nya semua itu, ada ttd mereka semua. Saya terima hari jumat sore itu. Yg berikan suratnya pak faiq. Apakah malam itu dipanggil bu ribka?? – surat aja yg keluar dr ruangan bu ribka..

57.58 – 59.12 Katanya ada aliran uang u/ hilangkan ayat itu?? Katanya 300

200


miliar?? – wah klo ada uang itu saya sudah pensiun. Saya gak tau dan gak terima uang itu. Saya mmg yg menghilangkan ayat itu, atas perintah. (anda merasa dikorbankan??) – gak maulah saya dikorbankan, kita sdh kerja jungkir balik

SEJAK KASUS PENGHILANGAN AYAT TEMBAKAU RAMAI JADI PEMBICARAAN PUBLIK/ ADRIAN TIDAK LAGI BERTUGAS DI SEKRETARIAT KOMISI 9// SEJAK MEI 2010/ PRIA YANG SUDAH BELASAN TAHUN MENGABDI DI DPR INI KINI DIPINDAHKAN KE BIRO HUKUM SEKRETARIAT JENDERAL DPR///


GAMB DI BB

…intinya: …adrian merasa ditinggalkan, pada cari selamat sendiri2…klo bu ribka gak tsk, kan anda bebas jg?? – ya tp kan kasusnya jd menggantung. Nama saya disebut2 terus, apalagi org yg ngerti kan saya yg dituduh menghapus. Ya mmg iya, krn saya yg ada di dpn computer saat itu. Klo tdk, ya mungkin bukan saya yg lakukan!!!

PENGAKUAN ADRIAN DIBENARKAN OLEH MANTAN KORDINATOR RANCANGAN UNDANG UNDANG KESEHATAN UMAR WAHID// HILANGNYA AYAT TEMBAKAU BERMULA DARI SURAT KEBERATAN ASOSIASI PETANI TEMBAKAU INDONESIA DAN ASOSIASI DPRD KABUPATEN SE INDONESIA PERIHAL TEMBAKAU MASUK DALAM GOLONGAN ZAT ADIKTIF//

CG = UMAR WAHID / ANGGOTA KOMISI 9 DPR 2004 - 2009

19.00 tgl 11 september beberapa teman bicara informal, ada surat masuk dari asosiasi petani temabakau utk menghilangkan ayat tembakau dan kemudian asosiasi dprd kabupaten se indonesia, ditulis pak faiz dan di paraf lalu k staf sekertariat utk dihilangakan

PERINTAH PENGHILANGAN AYAT TEMBAKAU DIJALANKAN OLEH ADRIAN STAF SEKERTARIAT KOMISI 9// PENGHILANGAN AYAT TEMBAKAU INI TERJADI SEBELUM RANCANGAN UNDANG UNDANG KESEHATAN DISYAHKAN DALAM RAPAT PARIPURNA DPR 14 SEPTEMBER 2009 SILAM// DALAM RAPAT PARIPURNA/ RUU KESEHATAN YANG DISYAHKAN ADALAH RUU YANG AYAT TEMBAKAUNYA BELUM DIHILANGKAN//

CG = BUDI SAMPURNO / KABIRO HUKUM DEPKES

* brarti wkt sdh ada niat menghapus ayat kan? - ya tp dg syarat td. (Roll pertanyaan: tp kan wkt itu sdh tdk ada forum resmi u/ bahas perubahan, senin sdh paripurna??) - ya kita sendiri mmg pesimis bisa ada perubahan. Tp yg penting kan wkt paripurna ayat itu msh lengkap!!!

* betul anda liat surat yg dittd ribka dkk? - iya mmg benar ada srt itu. Wkt itu

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dibawa pak faiq. Diketik oleh adrian itu. Tp wkt itu kan sdh kita batalkan..* bisa dijelaskan maksudnya?? - ya waktu paripurna itu draf yg dicopy

itu punya depkes, ayatnya msh lengkap. Itu ada di paripurna. (Kok bs draf dr depkes??) -- krn wkt itu mmg kita yg dikasih tugas u/ copy menggandakan....

SEGMEN 2

KRONOLOGIS PENGHILANGAN AYAT TEMBAKAU INI SEBENARNYA DIMULAI JUMAT 11 SEPTEMBER 2009 SILAM// PERINTAH PENGHILANGAN AYAT ITU DILAKUKAN ADRIAN SESUAI PERINTAH FAIQ BAHFEN YANG SAAT ITU MENJABAT INSPEKTUR JENDERAL DEPARTEMEN KESEHATAN DAN KABIRO HUKUM DEPARTEMEN KESEHATAN BUDI SAMPURNO//


KASET 61010198

33.18 – 35.09 Hari jumat itu rapat verja terakhir kan. Stlh rpt selesai, pimpinan kembali ke ruangannya. Pada saat akhir itu RUU msh lengkap smua + ttd smua fraksi. Rencananya itu kan akan diserahkan ke sekneg. Itu kan ada perubahan. Saat itu mmg ada permintaan ke komisi 9 u/ setop ayat itu. Klo gak salah ada 4 surat dr kementrian: bumn, depkes, perindag,

46.03 – 46.35 Jadi saya yg mendelete kotak2 itu, supaya nanti itu yg bisa dikirim ke sekneg.

53.49 – 55.18 Yg kasih surat itu siapa?? – pak faiq sama pak budi sampurna. Yg kasih draf uu ada di komputer. Krn kita kan selalu punya copy drafnya, masing2 dpr dan depkes jg punya. Yg punya kita, saya copy lagi lalu dihilangkan kotak2nya. Tapi saya gak tau apa itu yg mo dikirim ato tidak

PENGHILANGAN AYAT TEMBAKAU JUGA DIKETAHUI KEPALA BAGIAN SEKRETARIAT KOMISI 9 TRI UDIARTININGRUM// NAMUN TRI UDIARTININGRUM ENGGAN BERKOMENTAR//

- INS VIS GW MENUJU RUANG SEKT KMS 9à KAMERA FOLLOW...

à ROLL SAMPE BU TRI KELUAR RUANG RAPAT.... KASET D10 – 3743

09.49 – 12.10 Vis ketemu bu tri, keluar dari ruang rapat komisi 9 à ROLL: mau konfirmasi soal hsl pemeriksaan di kepolisian…”SAYA GAKMO KOMENTAR. Roll aja ya…..SAYA GAKMO KASIH KOMENTAR…orangnya lari lg msk ke ruang rapat…

202


- SOT TRI UDIARTININGRUM à KASET D10 - 3743

14.11 – 14.20 Kejar bu tri lagiii : ”bu ribka tau nggak sih penghilangan ayat itu?? – ROLL....

15.46 – 16.13 ”itu diperintahkan bu ribka atau tidak bu?? – gakmo jawab?? Saya gak punya kewenangan u/ jawab itu!!!

UNDANG UNDANG KESEHATAN YANG TELAH DISYAHKAN DALAM RAPAT PARIPURNA DISERAHKAN KE SEKERTARIAT NEGARA UNTUK DITANDA TANGANI PRESIDEN SUSILO BAMBANG YUDHOYONO// TERNYATA UU KESEHATAN YANG DISERAHKAN ADALAH UU KESEHATAN YANG TELAH DIHILANGKAN AYAT TEMBAKAUNYA//

CG = RIBKA TJIPTANING / KETUA KOMISI 9 DPR

KASET DV – 6710411

48.07 – 48.45 Lalu nota tulisan tangan itu apa maksudnya?? – itu kan nota persetujuan aja untuk merubah, itu pun klo disetujui semua fraksi. Tp waktu itu baru diajukan ke pak umar wahid sdh gak setuju, jd ya gak dibahas lagi. Krn mmg prosesnya gak sesederhana itu, hrs lalui bamus – panja – pansus – timus dan tim sinkronisasi. Tp krn pak umar wahid gak setuju,

50.25 – 51.30 Ibu sebutkan ada kepentingan politis dibalik kasus anda. Apaan?? – ya klo saya gak jadi ketua komisi, mana mungkin ada kasus seperti ini. Itu makanya saya bilang, waktu itu di sidang paripurna ada interupsi dr gufron, nah itu diparaf sblm paripurna. Dr perubahan itu mmg bisa di prosesnya, tp hal2 seperti itu jg pernah terjadi di UU yg lain misalnya transmigrasi, uu narkotika jg begitu, tp gakda yg masalahin. Gak tau jg yg ini dipermasalahin!!!

48.06 – 49.40 Apa betul ada aliran uang ke pdip?? -- ya sudah....buktikan saja. Yg laporin itu bisa buktikan tidak alirannya dari siapa ke siapa?? Buktikan dg pasti, saya jg penasaran ingin tahu. Saya akui saya yg paraf u/ merubah, tp saya tdk minta dihilangkan. Sekretariat kan sudah ditanya semua apakah saya yg memerintahkan, tdk ada yg bilang bgitu.

52.58 – 53.18 Ya sudahlah metro tv bilang aja sekalian penjarakan tjiptaning. Metro tv dibayar berapa sih??

DUGAAN ADANYA SKANDAL PENGHILANGAN AYAT TEMBAKAU OLEH ANGGOTA DPR DITINDAK LANJUTI OLEH BADAN KEHORMATAN DPR// BADAN KEHORMATAN DPR MELAKUKAN PENELITIAN DAN PEMERIKSAAN TERHADAP BEBERAPA ANGGOTA DPR YANG DIDUGA TERLIBAT PENGHILANGAN AYAT

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TEMABAKAU// SAYANGNYA HAMPIR SATU TAHUN HASIL DARI BADAN KEHORMATAN TIDAK PENRNAH DIPUBLIKASIKAN//

CG = GAYUS LUMBUUN / KETUA BADAN KEHORMATAN DPR

KASET DV – 6710411

34.10 – 35.16 Saya gak bisa publikasikan hasil pemeriksaan tertutup para terlapor itu. Saya jg gak bisa ceritakan berapa saksi yg sdh diperiksa...kita ini mmg agak stuck dlm pembahasan soal ini

35.18 – 36.23 Jangan2 PDIP ada konflik kepentingan dlm pembahasan soal ayat tembakau ini?? Apa benar krn ada 100 M itu?? – no comment soal itu!!! ROLL


KASET DV – 6710411

20.12 – 21.10 Soal dugaan sogok itu kami jg laporkan ke KPK. Kami menduga ada sogok pada oknum ttt yg menyogok dpr dan parpol, masing2 dapat 100 M dr pihak2 ttt yg pro thd industri tembakau!!!

SEGMEN TIGA

INTERVENSI INDUSTRI ROKOK TERHADAP UNDANG UNDANG KESEHATAN PERNAH TERJADI DI TAHUN 1992// DOKUMEN DENGAN KEPALA SURAT BERGAMBAR LOGO PT B-A-T INDONESIA INI DIKIRIMKAN OLEH JURU BICARA PERWAKILAN PT B-A-T INDONESIA DAHLIA SARDJONO KEPADA SHARON BOYSE// SHARON ADALAH MANAJER KOMUNIKASI PT B-A-T PUSAT DI AMERIKA SERIKAT///

SURAT TERTANGGAL 24 SEPTEMBER 1992 INI BERISI PEMBERITAHUAN TENTANG DIDROPNYA ISTILAH ZAT ADIKTIF DAN PENGATURANNYA DALAM BAB 44 UU KESEHATAN TAHUN 1992 YANG TELAH DITANDATANGANI PADA 17 SEPTEMBER TAHUN TERSEBUT///

- INS DOK SURAT PT B-A-T TGL 24 SEPT 1992 à DI HIGHLIGT AJA ISI SURAT TSB

CG = KARTONO MUHAMMAD / ANGGOTA KAKAR

KASET D10 – 6710420

00.31 – 01.00 Siapa sih kira2 yg berperan dsini?? – saya kira pemainnya industri rokok. Thn 92 itu ada kss serupa. Buktinya BAT kirim surat pada bosnya di inggris ttg keberhasilan dia hilangkan kata ’nikotin’ pada UU kesehatan thn 92

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SEBELUMNYA/ PADA 5 AGUSTUS 1992/ PT B-A-T INDONESIA JUGA MENGIRIMKAN SURAT SETEBAL TIGA LEMBAR// ISINYA ANTARA LAIN MENYOAL KEKHAWATIRAN SEJUMLAH INDUSTRI ROKOK DI INDONESIA TERHADAP PENYUSUNAN DRAF UNDANG-UNDANG KESEHATAN YANG AKAN MENGATUR TENTANG KETENTUAN ZAT ADIKTIF//

- INS SURAT PT BAT TGL 5 AGUSTUS 1992

PT BAT BAHKAN MEMINTA KAJIAN KHUSUS DARI TOBACCO INSTITUTE DI NEW ZEALAND// ISINYA MENYARANKAN DILAKUKAN LOBI-LOBI SECARA SISTEMATIS TERHADAP PEMERINTAH/ KHUSUSNYA BEBERAPA KEMENTRIAN TERKAIT UNDANG UNDANG KESEHATAN//

CG = KARTONO MUHAMMAD / ANGGOTA KAKAR

KASET D10 – 6710420

01.19 – 02.04 Ada lg surat dr lembaga penelitian di new zealand pada BAT. Isinya rancangan strategis u/ lobi2 bendung uu rokok. Disitu ada nama2 pejabat mana saja yg hrs dilobi secara sistematis!!!

03.33 – 04.24 Klo kita liat suratnya dr direktur riset di new zealand itu disebut smua pejabat di pmrth. Itu makanya smua pejabat hrs buktikan klo mrk tidak mempan disuap oleh pihak manapun!!!

02.08 – 02.21 Jd mmg ada kepentingan dr industri rokok, tdk hanya bat agar peraturan rokok di indonesia ini lunak!!!

SURAT DAN INSIDEN HILANGNYA PASAL ‘ZAT ADIKTIF’ PADA UU KESEHATAN TAHUN 1992 INI MAKIN MENGUATKAN DUGAAN AYAT 2 PASAL 113 UNDANG UNDANG KESEHATAN TAHUN 2009 SENGAJA DIHILANGKAN//

CG = HAKIM SORIMUNA POHAN

KASET D10 - 2598

32.40 – 33.44 Hilangnya ayat itu bukan krn ada perdebatan di pansus ato pun panja. Itu smua sdh disepakati secara baik. Tdk ada perdebatan sama sekali. Ini justru hilang stlh pleno pansus

41.58 – 42.24 Menurut anda ini disengaja?? – klo sdh ada tulisan perintah hilangkan, masak itu tdk sengaja. Jelas2 ditulis hapus disitu, masak gak sengaja!!!

42.24 – 43.38 Apa ada timbal balik di kasus ini?? – ada istilah tdk ada makan siang yg gratis. Apalagi mengubah peraturan uu, pasti cost-nya tinggi. Tidak ada penghilangan yg gratis!!!

PASCA UNDANG-UNDANG KESEHATAN DISAHKAN/ ASOSIASI PETANI TEMBAKAU PUN LANGSUNG MENGAJUKAN UJI MATERIIL KE MAHKAMAH

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KONSTITUSI// MEREKA MENUNTUT AYAT 2 PASAL 113 YANG SEMULA SEMPAT HILANG/ DIHILANGKAN SECARA LEGAL ALIAS DIHAPUS///


KASET DV – 6710411

24.38 – 25.35 Dg adanya uji materiil thd pasal 113 ayat 2 ini makin menunjukkan bahwa upaya2 penghilangan itu mmg ada sejak awal. Hanya saja cara yg pertama dilakukan itu cukup bar-bar!!!

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M. Irham, Wydia Angga, Yudha Satriawan

KBR68H-Green Radio101028-68h-ham-ang-Saga-Petani ditunggangi Industri Rokok101101-68h-tim-saga-AJI-seri1-Asosiasi Petani ditunggangi Industri-ed2

Serial Tembakau (1)

Tobacco Farmers Driven By Tobacco Industry

Farmer association backed up government of Indonesia, to reject international convention on tobacco control (FCTC). Indonesia is the only country in Asia that has not ratified FCTC yet. The convention itself has no direct connection with the condition of farmers. Though thousands of farmers supported the raid to reject FCTC last September in Surabaya East Java. Radio News Station 68H’s investigative team found out that one of the tobacco industry supported the raid.

BLOK 1

101028- 68H- The Condition of On Going Raid

ABDUS : Long live Farmer !MASSA : Long Live!ABDUS : Behind Pamekasan group is Sumenep group. Then folowed by Madiun

group, we ask the truck to lead the raid.

At the last of September, thousands of tobacco and clove farmers from all over area in East Java gathered together in Hero Statue in Surabaya. They started raid to reject some articles of international convention of tobacco control, known as FCTC. The convention is the agreement of more than 170 countries to initiate the tobacco control as the result of World Health Organization Convention.

101028- 68H-ham-Stand Up 1

STAND UP : Today is a hot sunny day. Here are more than 1000 farmers are marching on. They celebrate Asia Tobacco Farmers Day. They also speak out their thoughts through petition from about 18 Districts and Municipals in East Java under 21 farmer association from all around East Java province. They will be giving it to Governor Office. To commemorate All Asia Farmers Day, there are also the same demonstartion in 4 others different countries; Phillipine, Malaysia and Taiwan.

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During the action of tobacco and clove’s farmers, there he is, Abdurrahman, Chairman of Kasturi Tobacco Association from Jember District, East Java.

101015-68H-ang- Abdurrahman on circulating petition

ABDURRAHMAN : Sir...sir...please the chairman of (District) Ngawi.... put your signature first, sir. Your name, then you write down her: APTI Ngawi...

In hurry, he collect signatures from 21 chiefs of tobacco and clove association from East Java. One of them is Waskito, The Chairman of Farmer Asscociation from Ngawi.

101015-68H-ang-Abdurrahman on circulationg petition

WASKITO : Petition. Hereby, we who sign below here, call for our government and others governments to stop conference of all VCTC parties.

ABDURRAHMAN : FCTC...

Waskito seems mispell the name of international convention that they are fighting against.

WASKITO : FCTC will destroy tobacco farmers living and we refuse drafted guidance articles 10 and ....eeerrr article 9 and articel 10 also recommendation for article 17 and 18. Surabaya 29 September 2010.

KBR68H : Represing from.....?WASKITO : Representing APTI Ngawi, Mr. Waskito.

101028- 68H- Scene of Rally

ATMOSPHERE : Local traditional music from convoy

These tobacco and clove farmers are then move to Hero Monument to Governor office. They are all walking together while displaying the various culture of East Java. They keep on delivering speech to reject certain articles on FCTC.

101028- 68H-Scene of Rally


They stop right in front of the Governor of East Java. Then they go on delivering speech to reject article about imported product of cigarette-clove mix that lead to kretek cigarete. The article will be approved in FCTC this November. FCTC will also agree to decrease the tobacco area by unwrapping other alternative economic resources for local farmers. This article applies only to the country that have already

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ratified FCTC. Indonesia has not ratified yet and becoming the one and only country in Asia that has not ratified this international convention.

101028- 68H-Scene of Oration 0

ATMOSPHERE : Petition, we whom sign below, kami yang bertanda tangan di bawah ini. call for our government and others governments to stop conference of all VCTC parties. And to reject, drafted guidance, article 9 and 10 on recommendation of article 17, and 18. Surabaya 29 September 2010.

101028- 68H-Scene of Oration

ATMOSPHERE : Today, we have accepted by the government of East Java Province. With special term to address our demand not to sign FCTC to central government and also World Health Organization as well.

More or less 10 meters from the stage, Head of Public Affairs of PT HM Sampoerna Tbk, Deradjat Kusumanegara seems to observe the situation. This this white guy, wearing black eye glasses, is also Secretary General of Association of Indonesian Tobacco Community (AMTI). AMTI is the initiator of this rally.

101028- 68H-Derajat on rally

KBR68H : Are you optimistic that the petition will be succesful?Derajat : We are keep on fighting, since it is part of life for tobacco and

clove farmers. It is also the life of cigarette industry as well. So we keep on fighting to the optimum point.

KBR68H : So what is the next step?Derajat : It is obviously we are expecting the petition will be delivered to

(central) government, and forwarded to WHO, not to continue other discussion especially to article 9, 10, 17 and 18.

Due to official site www.amti.or.id, the Association of Indonesia Tobacco Community (or AMTI) was established earlier this year. This organization was founded by clove and tobacco farmers’s association. While PT HM Sampoerna Tbk is the only cigarette industry imvolving in AMTI. One of the organizational target is to fight for cigarete kretek as global commodity.



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Due to Association of Indonesian Cigarette Factory (or GAPPRI), the volume of Indonesian clove cigarette exports each year is to reach 230 billions cigarettes, worth over IDR 2.1 trillion. Total exports of cigarettes kretek is only 3 percent of all agricultural commodities from Indonesia.

Its market are United States and countries of Asia and Europe. Last year, US closed its import. While exports players are prominent tobacco industry such as PT HM Sampoerna, Djarum Super, Gudang Garam and Bentoel.

101028- 68H-Suasana Konvoi


However, the concern on such article of import ban for kretek cigarettes came from tobacco and clove farmers who are doing rally now. One protester, Khatabudin, said the rallies is supported by tobacco industry.

101028-68h-Khatabudin on allowance from the rally comittee

KBR68H : Say that this rally is also supported by Gudang Garam, Sampoerna or Djarum?

Khatabudin : The committee knows about it. The committee definitely take cover the transport fee to be here, including meals and pocket money. Hehehe....

More explicit recognition comes from Chairman of the Association of Tobacco Farmers called Kasturi Jember, Abdurrahman, who had been busy looking for signatures supporting the petition.

101028-68h-Aburrahman on Fund from Sampoerna

Abdurrahman : “If there is no funder, it is impossible for us to be here, in Surabaya.”KBR68H : “Well, is there someone provide fund, sir?”Abdurrahman : “Yes, from manufacture sector, if tobacco industry does not

sponsor us, how come...KBR68H : “Sampoerna?”Abdurrahman : “Sampoerna has fund but no mass. We have mass but lack of

fund. So it is mutualistic symbiosys”

AMTI spokeperson, Tian Bachtiar admitted that PT HM Sampoerna takes

cooperation with Tobacco Farmers Association. It is more on the act of struggle to defend farmers, he said.

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101015-68H-On HM Sampoerna movement

Tian : This opposition movement is separated: there’s handling legislation level legislasi, there’s going to DPR, friends from Gudang Garam are more likely to lobby the government while Sampoerna is more to farmers.

Why is there any industry representative in such rally for the sake of farmers welfare?

BLOK 2


ATMOSPHERE : Scene of rally

Demonstrations of thousands of tobacco farmers in East Java rejected inter-national conventions FCTC on tobacco control lasted for nearly four hours. Since they could not meet East Java Governor Soekarwo in his office, number of far-mers associations leaders tried to meet him in a luxury hotel. During the meeting, Chairman of the Association of Indonesian Tobacco Farmers APTI, Abdus Setiawan openly asked the governor to deliver their petition rejected FCTC to the President.

101028-68H-Abdus asked for follow up action

ABDUS : In Uruguay it will be ratified by WHO member sign-ing FCTC. 171 countries would authorize four chapters which are very detrimental to us. Articles 9-10, 17 and 18. Articles 9-10 deals with other cigarette content, so at the end, cigarette will be pro-hibitted to use other item but tobacco. If that was passed, sir, clove cigarettes will be extincted. On behalf of my friends, we would like to appreciate you for openly welcoming us. We are asking this pe-tition to be brought to central government.

The Governor Soekarwo agreed. The need of farmers asociation will be delivered to center government.

101028-68H-Sukarwo

SOEKARWO: I just suggest, all of you make a list of what should I do in provionce area. These are the actions done by provincial government. From all the matters, which ones should be taking care by provincial government. For intance, I suppose to do this, this and this with Minister of Trading. So let’s make it real, what shoul

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provincial government do.

Tobacco farmers associations do recline the policy on tobacco control. Association of Indonesian Tobacco Farmer, APTI, is one of them. APTI claimed itself as the organization to fight with the rights of tobacco farmers and cigarete factory labors.

ATMOS : Voice of Rejecting FCTC

The organization established two years ago, actively encourage govern-ment to reject international convention on FCTC. It also lawsuit articles in the Health Act which refers totobacco as an addictive substance to the Constitutional Court. The derivative of suhc article do discourage tobacco industry, because there will be restrictions on advertising, labeling of health warnings’ pictorial on cigarette package, non-smoking areas, and policy on price and cigarette tax rates.

What is get to do with tobacco farmers? Abdus Setiawan, Chairman of APTI, explains in detail the reason why farmers get involved in rejecting FCTC.

101028-68H-Abdus on Regulation

ABDUS : The first is about labor issue. That is what we want to protect. Secondly, it is about of state revenues. Thirdly, it is about health problem which we will prioritize in the future. These, such adaptation, will not be surprised. If FCTC suddenly prohibits it. It could be shocking moment. It shakes the business, shake the absorption labor force. There are many possible effects which we do not want to appear. For example, the issue of poverty alleviation programs are certainly far beyond our expectation. Because the direct effect will hit manufacture workers then the farmers.

Study of Indonesia Demographic Institute and the Central Bureau of Statistics in 2008 spoke differently about it. If Indonesia joined the FCTC convention, there would be no effect on the fate of workers and farmers. Similarly, if the tobacco is called addictive substances of addiction as mentioned in Health Act. It is because of the fact on number of tobacco farmers is only 1.6 percent of the total agricultural labor force. Or 0.7 percent of all workers in Indonesia, with the average wages of IDR 400 thousand per month. The data whatsoever shows that workers and tobacco farmers have not been prosperous yet.

101028- 68H-The scene


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The losses would be even greater if government did not immediately implement tobacco control. WHO states that more than thousands of people in Indonesia die every day due to cigarette smoke. While data from the Ministry of Health, 2008, public health costs from smoking is more than 160 trillion rupiah, three folded bigger than excise tax gains. Demographic Institute of the University of Indonesia also called the poor in Indonesia could spend a third of their income on tobacco shopping.

101028- 68H-The Scene


Hence the action of tobacco farmers refusing international convention on FCTC seems out of focus, said Chairman of Impact of Tobacco Control Support Center Kartono Mohamad. He said that Association of Indonesian Tobacco Farmers should struggle altogether with the farmers against tobacco industry. Moreover, the tobacco industry even undermines farmers. Farmers have no control on the price of tobacco. It entirely depends on cigarette industry.

101028- 68H-Kartono on Farmers’ Fate

KARTONO : Association of Tobacco Farmers should struggle for its member against middlemen and cigarette company. The price determiners are those middlemen and cigarettes company, including the decision to purchase them or not. So the farmers have no bigger bargaining position.

The same issue is also stated by Minister of Agriculture, Suswono. He observes that the struggle of Association of Tobacco Farmers do not touch the needs and hopes of all farmers.

101031-68h-ang-Suswono on APTO

KBR68H : For protecting farmers, does the association of tobacco farmers or APTI functionalize or not, sir?

SUSWONO : I myself watch that it has not protected yet. Because the association is such an organization that only brings out farmers voice, but not yet get the overall protection. KBR68H: What kind of protection should be needed by farmers which cannot accomodated by association ?

Suswono : At least, the association, if it is commited to help farmers, it can provide market and keep the price constantly. That is the

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contribution of asscociation, to advocate means to help farmers get into good market.

Khatabuddin, a farmer from Sumenep, East Java, also agree about it. The relationship between farmers and cigarette industry is not fair relationship.

101015- 68H - Khatabuddin on Industry’s Certainty of Buying Product

KHATABUDDIN : The real market of tobacco is that, by avoiding teh current weather, all dried tobacco leaves must be purchased by the industry. Since they are affraid that the farmers will not plant tobacco next year. They purchase it without considering its quality but to satisfy the farmers. Thus, next year teh farmers can plant tobacco. So no matter the quality of tobacco leaves the company must buy it all.

KBR68H : Which company ussually purchase tobacco leaves in Sumenep?KHATABUDDIN : For Sumenep it is Sampoerna, with Gudang Garam and Djarum

as well.KBR68H : It seems that there is dependency between farmers and tobacco

industry, so they must back up each other, right?KHATABUDDIN : The works back up each other but unfair or unjustice.KBR68H : What do you mean?KHATABUDDIN : Since farmers cannot determine the price, it is factory that decide

the price.

Association of Indonesian Tobacco Farmers should fight for the fate of tobacco farmers, but they do not anything as tobacco farmers caught by the middleman. Especially under uncertain climate this season. Silaturrahman, tobacco farmer from Sumenep, East Java, said that he sometimes farmers were forced to sell tobacco at a low price to pay off their debts.

101015- 68H –Silaturrahman on Industry’s Certainty of Buying Product

SILATURRAHMAN : “If at first they take debt, then they plant with debt, so it is impossible”

KBR68H : “Based on fact sheet in Sumenep, local APTI record, how many farmers have debts?”

SILATURRAHMAN : “Let say, almost all of them”KBR68H : “So, the harvest will be used to pay tehir debts?”SILATURRAHMAN : “Yes, so it is impossible. It is burden, isn’t it.”KBR68H : “Close the hole by digging other hole?”SILATURRAHMAN : “Yes, and sometimes they cannot close another hole”

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Chairman of APTI, Abdus Setiawan, said the association had taken precaution to avoid farmers from losing money and debt. For example, he said, association will cut down the chain of tobacco merchants by informing the price of cigarette factory. Thus, farmers can sell their crops directly, without intermediaries, to the factory.

101028- 68H-Abdus on APTI scope of work

ABDUS : APTI in Jember, bit by bit, association initiates to dry out the crops and together sell the leaves. They slowly gain the crops and sell them all. And, value added is remarkable.

Chairman of APTI, Abdus Setiawan, also claimed to bargain cloves with the high price to the cigarette company. The process is done once a year colaborated with local government.

Back to the farmers demonstration at the end of September in Surabaya.



If the smell of industrial existance come from the rally, while Association of Indonesian Tobacco Farmers even has nothing to do for the farmer’s welfare, then who is APTI fight for?

101028- 68H- Scene of Rally


In the next session, SAGA will deeply explore APTI’s position as failed organization to protect farmers. Demikian SAGA yang disusun oleh Tim Investigasi KBR68H. Saya XXX, terima kasih sudah mendengarkan.

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Conquered Behind Tobacco Myth, Ask Why Ricky Ferdianto

Koran Tempo, 1 Desember 2008

After three years hung, the draft on Tobacco Control Law entered a new phase: the House of Representatives put it in the 2009 National Legislative Program. Though many parties supported it, lots of opposition were strong. This is the journey of twists and turns of tobacco control in

Indonesia.

A short message came in cell phone of Hakim Sorimuda Pohan last month. Democratic politicians face was suddenly looked happy. His hope that was buried is now growing back.

The Hope is called “Drafted Law on Tobacco Products Impact on Health”. This draft has been hung for about three years. Last month, Parliament formally put it as one of National Legislation Program next year. “I am pleased that the Council set as a priority bill,” said Hakim.

Although still far away from the status of being approved, the draft bill on Tobacco Control will enter a critical stage: into parliament discussion next year. It is not easy to reach this stage. A steep and winding road to go. With the support of Campaign for Tobacco Free Kids, Pena Indonesia, and Jakarta’s Alliance of Independent Journalists, reporters Tempo, Riki Ferdianto, traces the long journey of this bill.

Initial concept was pioneered in 2004 by a number of Council members who were parts of the Indonesian Parliamentary Forum for Population and Development. The design was conceived shortly after Indonesia failed to ratify the Convention on Tobacco Control (Framework Convention of Tobacco Control / FCTC).

This bill however brings the spirit of control. “We’re not anti-tobacco due to the fact that the tobacco industry already exists, and millions of people are trapped in nicotine addiction,” said Sri Utari, activists from Parliamentary Forum.

Initiative from activists were quite persistent. They did guerrilla to gain supports. Their hard work bear good result. 204 members of the Council from cross-faction supported the draft. “This is far beyond the minimum requirement of filing a bill that only needs 13 signatures,” Sri continues.

Unfortunately, in 2006, a draft was rejected as material of discussion of the legislative body. The reason was that it was overdue. The journey then was halted. The

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Fraction Talks of Tobacco ControlHere are some fractions views about Tobacco Products Bill Impact on Health.

“If God’s will, the majority of our members support it. We will be spearheading for discussions of the draft.” Zulkifli Hassan, Chairman of the National Mandate Party

“So far we officially do not have our statement position. We usually discuss it after special committee established.” Effendi Choirie, Chairman of the National Awakening Party

“We declared war on smoking. Because the fact is so destructive.” Lukman Lukman Saefuddin, Chairman of the United Development Party

“We support the bill. We hope this initiative can be approved.” Mahfudz Siddiq, Chairman of the Prosperous Justice Party

“It is okay on the health context, but we have to assure the bill will be dealing with levels substance of nicotine thus it will benefit non-clove cigarettes” Ganjar Pranowo, Secretary of the Indonesian Democratic Party of Struggle

“In principle, we agree if the bill was made a priority subject in the National Legislation Program. Since many children already became victims of these products.” Aisah Hamid Baidowi, Golkar Faction n

next year, 2007, a draft was proposed. This time was with greater support: 224 members of the Board. But, the bill failed to get into a list of parliamentary discussions. One of the concerns that underlie the birth of the bill was the increament of earlier young smokers. In 1995-2001, the Bureau has recorded 0.5 percent of children under the age of 10 years has become an active smoker. In the next period, 2001-2004, the number had grown almost six-fold to 2.8 percent.

The escalation also appeared in active smokers at the age of 14-19 years. In the span of 1995-2001, BPS recorded 54.5 percent of active smokers of this group. Then, in 2001-2004, the number of active smokers rose to 58.9 percent. In general, according to the BPS, children and adolescents exposed to tobacco in the country reached 64 percent, or about 43 million people.

Cigarette addiction among the poor is also sadden. In 1999, CBS reported budget of poor families to buy cigarettes was about 9 percent of total revenue. However, in 2001-2004, spending on cigarettes rose to 13 percent of poor families. “Budget for cigarettes beats shopping milk, rice, or eggs,” said Widyastuti Soerojo Association of Public Health of Indonesia.

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Tragically, Widyastuti illustrated, a poor fisherman was willing to spend Rp 20 thousands for cigarettes out of total income of Rp 50 thousand per day. Meanwhile, four children were forced to quit school because their parents could not afford school’s tuition. Ouch.

Then, could the bill have impact on the tobacco industry and tobacco farming? “No,” said Hakim. Empirical experience in several countries suggests that tobacco control is not causing crisis for the business and the state.

Thailand is an interesting example. Despite the high excise duty, the production of cigarettes, in the land known as White Elephant counytry, is never decreased. This is because smoking is addictive product that does not depend on the price. “Its inelastic,” he said. For addicts, no matter how expensive cigarettes will, smoker keeps on consuming it.

When the bill was first introduced to the legislative members in 2006, the meeting was filled with lots of rain interruptions. Shortly after the meeting, many protesters association of tobacco farmers, tobacco companies, and a member of Temanggung Regional Representatives Council approached the Parliament. “We were lobbied,” said Bomer Pasaribu, a member of the legislature.

Group of tobacco farmers rejected the plan the bill as they feared the risk of a crisis that would befall the workers and tobacco farmers. Since then the bill was forced to put in the cage.

But Hakim and other proponents were not giving up. Awareness campaign of the importance of tobacco control continued. This hard work was fruitful. Last month, parliament agreed to include this bill in the 2009 National Legislative Program list.

So far, the industry has not convey resistance. Ismanu Sumiran, Chairman of the Joint Association of Indonesian Cigarette, warned that the bill does not harm the national cigarette companies. “What we need is the provision of comprehensive,” he said.

***

On international level, this small step discussion of the bill is arguably too late. Since 2003, about 168 countries have signed the FCTC. A total of 144 countries have ratified the international treaty that was formulated in 1999.

Actually, Indonesia was actively involved in early discussions of the convention. “We were even appointed as member of drafting team,” said former Minister of Health, the era of President Habibie, Farid Anfasa Moeloek.

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The Convention set out control measures to regulate excise, production, and distribution. State is also obliged to combat the illegal trade, facilitating therapy to quit smoking, and manage advertising, sponsorship, and promotion of cigarettes.

Unfortunately, in 2003, President Megawati refused to sign the FCTC. “Mr Sujudi has picked up the full authority and would leave for New York (headquarters of the United Nations),” said Anhari Achadi, former expert staf of Health Minister Achmad Sujudi.

Sujudi told the story ahead of his departure to New York. A few hours before departure, Minister of State Secretary Bambang Kesowo called and asked him to meet President Megawati at the State Palace. Megawati asked for signing the convention adjourned until a new government was formed. “The government would be focusing on genereal elections issue,” said Sujudi.

Bambang Kesowo justified the delay. But, it was “not a political consideration,” he said. Bambang justified the insistence of employers and associations of tobacco farmers. “Yes, they came into office,” he said. Another consideration of cancellation of ratification, according to Bambang, because there was no conversion program formulation for tobacco farmers.

According to Widyastuti, consideration was unwarranted. FCTC has international cooperation as a whole. Farmers who want to switch to plant non-tobacco commodities will be given training and assistance. “It has been practiced in Brazil,” said Widyastuti. “Indonesia cannot utilize the facilities of this international cooperation because we has not ratified the FCTC yet.”

The government decision not to ratify the FCTC has been criticized a lot. “The government only think on short-term interests,” said Farid Anfasa Moeloek. Farid’s was not the only person who disappointed. In the general assembly of the World Health Organization (WHO), Indonesian delegation was given a gift : an ashtray written “Your Nation is Not Cultured Nation”. Indonesia then is no longer considered in the arena of global health forum. n RIKY FERDIANTO

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Appendix

Avoiding Dajjal LabelIstiqomatul Hayati

Koran Tempo, July 13, 2009

Indonesia is the only of the five largest cigarette consuming country in the world that have not ratified the international conventions about limiting the impact

of tobacco. Besides, the bill also had been hampered in National Legislation. At the end of June, there was hope the bill will be discussed, but most likely will be disappeared as the term of the Parliament of the 2004-2009 period ended

September.

“What they’ve done in vain”.

Hope had blossomed among proposers of the bill Control for Health Impact of Tobacco Products. Legislation House of Representatives on June 29 decided the bill as part of the six draft bill that the House will be discussed. Five other were the Bill Fishing, Medical Education, Zakat

Management, Illegal Logging, and Architects.

“Just waiting for the readiness of the proposer,” said a staff expert of Baleg who declined to be undisclosed. It was only month and a half, he argued, which is sufficient to discuss the bill in terms of formality because the manuscript was prepared by the proposers. “It only takes one or two times plenary sessions to determine whether the bill would be handled the proposers or special committee”.

However, hope is like building castle in the air. Chief of proposers Hakim Sorimuda Pohan said the bill passes or not was depend on whether the Legislative wanted to schedule on harmonizing the script in the recess period which ends in August or not. Unfortunately, the source was ensuring there is no harmonization in the recess. “National Legislative Body (Baleg) seems like angels, but they’re all demons,” said Hakim.

According to Hakim, Baleg just wanted to give the impression that they considered the proposer’s insistence at the meeting on June 25. At that time, Baleg asked the proposer’s understanding the inability of the agency to complete the legislation. “He said, no money and no time left,” said Executive Director of the Parliamentary Forum on Population Sri Utari.

After the meeting, the Chairman of the House of Representatives Legislation FX Soekarno asked his staff to review which were the bills to be discussed. In the House of Representatives, they continued to wrestle until midnight while listening to Soekarno who was disapointed of speech offended by Hakim Pohan. “He accused me of money bribery as it seemed to tackle the text proposed bill Impact of Tobacco Control,” said Sukarno.

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Hakim pointed out his reason, the proposal has been deliverd to Baleg in February 2006, but remained on the table. The anti-bill spoke out more aggressively than the voice that supported it. Member of Parliament from the tobacco industry and farming has spoken to mobilize the masses to oppose the discussion. “I will do by all means,” said Nusron Wahid, a former member of the Baleg from Golkar Party.

Furthermore, Hakim recognized that it was hard way to penetrate the barricade of the opponents. “I can provide presentation at Baleg after one year of draft entry,” he said. Leaderships of Baleg were also not too accommodative. Due to Order of the House, it states that the bill could be done if there are 13 signatures of support. “We’ve got 259 signatures. Half the members Baleg, 128 people, also agree to discuss the script. “

However, the bill was also obstacled by Leaders of Baleg. Only one of five leaders, Almuzzammil Yusuf from the Prosperous Justice Party, supported the bill. The fraction of Prosperous and Justice Party and Prosperous Peace Party prohibited his members to smoke. Sukarno and his three vice-chairmen, Pattaniari Siahaan, Ferry Mursyidan Baldan, and Nursyahbani Katjasungkana, said Hakim, tended to resist it.

The barrier sometimes came from Chairman of Legislative. Hakim told about how smooth tobacco farmers delegation met the leadership of the House. A year after the entry draft, tobacco farmers and workers in Kedu, Jember, Kudus, and Kediri, sent a letter to the House opposed the bill. That was the reason Baleg was unable to choose right decision. “Political pressure is very high, while we demand a neutral,” said Sukarno.

The biggest disappointment of the proposers occurred when a consultation meeting between House Representative Chairmen and President Susilo Bambang Yudhoyono, May 27. At the meeting, the draft bill did not include the Tobacco Control priority despite having entered the National Legislation Program since January. “The priority is the draft that was discussed at level 1 with the government,” said Sukarno.

Therefore, if Baleg revised its decision on June 29, it was purely lip of service. In fact, the greatest threat was that the period of tenure of the House would be valid until September. If the limit was exceeded, the bill would be stuck at all. “It must be started from zero again,” said Hakim.

In the history of Indonesia parliament, Nusron said, the new parliament was never inherited the work of the old parliament members. Order of the House, he said, did not regulate it properly. “What they’ve done before was in vain,” said Nusron who re-elected a member of Parliament from the electoral area of Kudus -one of the prominent cigarette industry in Indonesia.

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In fact, says Hakim, Indonesian requires this law. Ministry of Health data of 2007 said tobacco deaths reached 400 thousand people per year. The losses due to smoking impact such as death, cancer treatment, and lost working hours, reached Rp 180 trillion a year. In contrast, the cigarette tax revenue in 2008 was just Rp 53 trillion.

According to the World Health Organization in 2008, number of smokers Indonesia was the third largest in the world after China and India, or about 60 million people. On average, they smoked 11 cigarettes a day. If a price of Rp 450, cigarette spending reached Rp 108.4 trillion a year, equivalent to half of Indonesia’s education budget.

The more surprising fact is that children of smokers continues to increase. Some of those have even been smoking before the age of 10. Therefore, Rohani Budi Prihatin, legal drafter of this bill, the sale of cigarettes to children should also be regulated. “This bill is just set in the downstream, not upstream, why they are always suspicious,” he said. It guarantees that the bill does not eliminate tobacco farmers and workers.

Actually, the bill proposer effort was more than enough. They have gained supports from more than half the members of House of Representative. Unfortunately, their voices did not represent the aspirations of the fractions, it was merely individual opinion. Hakim Pohan also perceived this fact.

In his own fraction, he was confronted with Sukarno who thought the bill did not represent the interests of farmers and tobacco industry and had no alternatives to those people. Another Baleg members, Bomer Pasaribu cited, the bill criminalized the tobacco industry. “It was just to punish them,” he said.

Nusron even challenge the government, whether to put the interests of health or national interest. “Which is more important, healthy children or a lot of unemployment?”. He said there were 1.5 million workers in the tobacco industry and 3 million in tobacco farming. “If the downstream cut, who will guarantee the upstream will not be impacted.”

Bomer Pasaribu winning the most votes in elections last April at Kudus electoral area denied tobacco industry lobbied. But, he confessed to know all business players in Kudus. “If only regular preaching, I was helped.” He determined to mobilize the masses and the new legislators lobbied for not passing the bill.

Bomer begged to another point of view. Instead of pushing the bill, he said, the government should ratify the Convention on Tobacco Control. After that, we could review its implementation as long as 2-3 years. “Then we could decide, does we need the law or not”.

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Not Following US

Legislation passed the decision of the leadership of the Draft Law on Tobacco Products Impact on Health to discuss the remaining years of this period the members of the House apparently did not follow the United States. “I do not know Obama, why follow him,” said Chairman Baleg FX Soekarno.

U.S.

President Barack Hussein Obama on June 22 signed the Family Smoking Prevention and Tobacco Control Act. This signing is to give full authority for the Department of Food and Drug Administration USA (FDA) to make regulations to control tobacco consumption among teenagers and children.

Obama argued, the case of tobacco deaths in the United States for more than 400 thousand people per year and health care costs due to smoking reached USD 96 billion so awful.

This is compounded, every day, nearly 3,500 kids try smoking for the first time and 1000 people become new smokers on a regular basis. In addition, one in three children will die prematurely from addiction. “This law will help protect young Americans from dying from this behavior,” he said.

According to Executive Director of the Parliamentary Forum on Population Sri Utari, if the tobacco control law is emerging in America, will make Indonesia become one of the five largest cigarette consuming country in the world, beside Russia, Japan, China, America, and Indonesia - which not have legislation to protect citizens from tobacco deaths. “Indonesia is also a minority of countries that have not ratified the Framework Convention of Tobacco Control,” she said.

Sukarno said, Baleg ask the proposer to harmonize the text with the interests of tobacco farmers. “Depending on the course they can work fast,” he said. We wait. | ISTIQOMATUL HAYATI | BBC

The struggle to pass the bill takes die-hard way. Now the bill proposer Impact of Tobacco Control should develop a new strategy. They’ve got five years, hoping there are different attitudes among new House members. | ISTIQOMATUL HAYATI

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Appendix

Appendix B :Dukomen Industri Rokok

Bisnis Menjual Nikotin

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Intervensi rancangan Undang-Undang Kesehatan 1992

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Target Pasar : Anak Muda

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Nabisco Document

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Appendix

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Appendix

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Young Adult Smokers Lifestyle

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Appendix

Author Biography

Mardiyah Chamim,Began journalistic career in 1997 as a research staff in Warta Ekonomi News

Magazine, reporter in Panji magazine. She graduated from Faculty of Biology, University of Gadjah Mada and joined TEMPO since 1998. Fellow of several international journalism programs, including fellowships investigative coverage of tobacco industry internal documents by Essential Organization, 2006. In 2011, became one of the seven participants fellow journalist Asia “Senior Journalist Seminar 2011, East West Center, Hawaii” on the theme “Bridging the Gaps Between U.S. and Muslim World”. Author and editor of numerous books, including History of Growing in Our Village, (as the the results of post-disaster reporting in Aceh), Time for Victims Speak Up published by Kontras and Tifa Foundation. In late 2008, administered the Tempo Institute, one of the new branch of Tempo focusing in education and improving the quality of journalism.

Wahyu DhyatmikaBorn in Denpasar, Bali, Wahyu has been actively involved as a journalist

since attending high school. In Senior High School 1 Denpasar, Wahyu managed the student magazine named Media Karmany. After joining University of Airlangga FISIP, he became an press campus activist on Retorika Student Press Agency. At the peak of 1998 student movement, he became Chief Editor of Retorika Magazine at his college.

After graduating, Wahyu was a correspondent for Tempo Magazine in Surabaya, East Java and was active in the Alliance of Independent Journalists (AJI) Surabaya as well. In 2002, he became a journalist Tempo in Jakarta. Two years later, Wahyu obtained Chevening Scholarship to study journalism at the University of Westminster, London. Now in addition to actively become Chairman of AJI Jakarta (2008-2011), Wahyu is also active in providing journalism training in a variety of campus.

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Stefanus Felix Lamuri Born in Larantuka, East Flores and was raised in Surabaya. Graduated

from English Department of Faculty of Letters, University of Jember had been a freelancer in various foreign media before entering the world of diverse industries as manager of Corporate Social Responsibility program. Felix had been active in Danone Aqua and a number of mining companies as independent consultant.

Felix was one of the earlier pioneers in establishing The Legal Aid for Press, as a forum for the struggle of journalists and lawyers who care about freedom of the press in 2003. He produced several books, including Press Report (2007) and Currently, Peace Journalism Guidance (2006). Felix currently became Managing Director of Koji Communications and explores his CSR / Community Development capacities on a number of companies.

Farid GabanSenior journalist for nearly three decades. Wonosobo born man had a

chance to become the Executive Editor and Managing Editor at Republika newspaper, Tempo magazine (1999-2002) before founding and managing syndicated news Pena Indonesia. He also attended Economic Journalism Education Course Alumni - Center for Foreign Journalists in Reston, Virginia USA and follow the Newsroom: Technology, Organization and Management, IFRA Seminar, Kuala Lumpur, Malaysia (1996). His experiences are very diverse coverage from the U.S. presidential election, German reunification, to the Israel-Palestinian conflict. He produced some books from his reporting such as Bang! Sarajevo - Bosnian War Coverage published in 1994 received much praise. Besides the work of compiling a compelling essay Soliloquy, Essay Writings (Mizan, Bandung, 1996). Competence and professionalism make Farid always invited as a trainer in media and journalism training. His latest project is a journalistic trip around Indonesia on a motorbike called the Emerald of the Equator has been documented through book and video documentary.

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Appendix

KOJI Communication Koji is a true partner in designing and managing communication strategies with specializing on media management service:

media handling, media development, media placing, producing media, media training and media monitoring. These are our contributions to

develop intellectual life of our nation, we published various books on certain themes of communication, journalism, media, and labor as well.

TEMPO Institute, a new wing of a TEMPO Group, dedicated to educationand development of journalism in Indonesia. Being under the umbrella of the 21 June Foundation, which was established in the banning of TEMPO, June 21, 1994. TEMPO Institute activities, which are actively managed since the end of 2008, ranging from journalism workshops, in house training for various

groups, publications and research studies on various strategic issues. TEMPO Institute also has a Student Essay Competition an annual event “Becoming

Indonesia”, which followed students throughout Indonesia

Jl. Kalibata Timur IV G No. 10 Kalibata Jakarta SelatanTelp/Fax: 021-79195605

email: [email protected]

Secretariat:Jl. R.P. Soeroso No. 41 Jiwasraya Building, 3rd Floor, Gondangdia, Jakarta Pusat

Telp/Fax: (021) 31906418

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Belakang cover belakang

This book, “Giant Pack of Lies: an Indepth Report of the Powerful Tobacco Industry in Indonesia,” has brilliantly exposed manipulative practices and public lies committed by both national

and international cartel of tobacco industry in Indonesia (Indonesia, The Last Frontier). Indonesia with it's more than 240 million inhabitants coupled with it's weak regulation

(its refusal to access the FCTC, regardless the fact that Indonesia is among the first initiators of the convention), made it clear that this country is indeed a tobacco heaven.

The book presented journalistic investigation as well as documentary based analysis of the “TOP SECRET” tobacco industry's documents, which were opened to the public in 1998 in the US.

These documents demonstrated the naked facts on how the industry intervene public policies. One remarkable example is how tobacco industries reduce the power of the Indonesian Health Law in 1992.

The tobacco industry's intervention in the process can be seen through the correspondences between the BAT officials in Indonesia with their superiors in the headquarter, which were neatly

documented in this book.This book also presented the seven myth of tobacco control which are often used to oppose tobacco control

movement in Indonesia. One of those myths is the sentiment stating that tobacco is an Indonesian original plant and tobacco smoking is our cultural heritage, while the truth is far from that.

The fact is tobacco was originated from the Latin America and brought to Indonesia by the Dutch and was first planted in Banten under the order of Cornelis de Houtman. Moreover, our traditional

habit is to smoke “kemeyan” (scented substance) rolled with corn peel, not tobacco smoking. Another important myth which is exposed in this book is how millions of people are said

to be fed by the tobacco industry; such as the tobacco farmers, tobacco factories worker, small stall seller and even the media industries. The reality showed that the fact is otherwise.

Zumrotin K. Susilo(Senior activist, one of the founder of Indonesian Consumer Foundation)

Principal writer of this book, Mardiyah Chamim, a Tempo Journalist, tried to be honest by writing: “ I worked for the media industry, in which in a small various ways are supported by the tobacco industry ---

although as a public health activist I want tobacco advertisements are totally banned as it is applied in many other countries”. Tobacco issue is an example on how the media should suffer from a “split personality disorder”,

in one side they have to play a role to provide information and educate the public to live a healthy life while on the other hand the tobacco adds in their pages persuade readers to smoke. Tobacco industries both openly

and invisibly lobbied the government, the parliament, judicative body and not to forget the fourth pillar of democratic nation: the media and it's journalist. This book explains it all, its remarkable!

Irwan Julianto(senior Journalist, Kompas Daily)

This book shows how tobacco (cigarette) distribution, which is done by the international and local tobacco industries, has not only harmed people's health but also impoverished the economy of poor households,

destroying the morals of our young generations and taking the independence of our society. This book is an important source for those who care about the future of Indonesia.

Imam Prasodjo(Sociologist, University of Indonesia)

This book hopefully serve the purpose as a reference for policy maker at central and local level, in order to wipe out their hesitation to implement tobacco control measure trough various instruments explained in this book.

This book clearly shown the harm of tobacco smoking on health and various other sector. We also hope this book can be use as a reference for doctors and any other health workers to advocate tobacco control implementation

to the government and community members.Dr. Prijo Sidipratomo, Sp. Rad

(Chief of Indonesian Medical Doctors Association 2009 – 2012)

Mardiyah Chamim, Wahyu Dhyatmika, Farid Gaban, dkk

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