Editorial: Raiding smokers

Sat, 11/15/2008 11:04 AM  |  Opinion

We totally support the noble battle of several anti-smoking organizations against smokers who endanger the health, and even lives, of other people by smoking anywhere they like, including in legally prohibited areas.

But the NGOs' plan to conduct raids across the city, targeting law-breaking smokers is ridiculous. They have gone too far. They should drop the plan to act as "illegal" law enforcers.

As the NGO activists revealed their plan after meeting with Governor Fauzi Bowo, a question arises: Has the governor already given up trying to enforce a smoking ban in public places, thereby inviting NGO activists to take part in raids against violators?

His policy to strictly impose a smoking ban on public places is inarguably appreciable because it is trying to protect the rights of nonsmokers from the hazardous substance of tobacco. However, involving non-law enforcers in such activities is really unacceptable.

We do share their impatience with the city authorities who have done little to uphold the city bylaw which imposes hefty penalties and even jail terms on smokers defying the prohibitions. But it does not mean they have the right to become law enforcers just because the city authorities are toothless.

Nita Yudi, chairperson of the Indonesian Network of Women Against Tobacco, announced Tuesday that the sweeping plan would be held for 10 days from Nov. 17. The sweeping target covers seven areas -- including office buildings, schools and shopping centers -- where smoking is banned by the bylaw.

According Nita, who spoke to the press after meeting with Governor Fauzi, people caught smoking in the aforementioned public areas will be warned and required to sign an agreement that they will not smoke in any restricted areas in the future.

While we welcome tough measures against violators of smoking ban, we recommend that the Jakarta city administration cancel its invitation that allows anti-tobacco activists to take part in the raids against violators.

Under the regulation, people are prohibited from smoking in public places like public transportations, restaurants, shopping malls, airports, railway stations, bus stops and terminals, schools, and hospitals. The regulation also requires building managements to provide their visitors with smoking areas.

Unfortunately, two years after the regulation was enacted, it is still ineffective due to the absence of law enforcement against violators and lack control from law enforcers, including police officers and appointed officials from the city administration.

Therefore, many public places in the capital are still heavens for smokers, who often ignore the rights of nonsmokers although the existing regulations threatens them with six-month jail terms or Rp 50 million (US$4,273) in fines. Many transportation drivers, for example, even smoke while driving instead of preventing passengers from smoking inside their vehicles as required by the existing regulations.

Any anti-smoking campaign in the country, where tobacco is a giant industry, has a really tough job because it faces strong counter campaigns from the industry.

Official data shows that cigarette excise alone is expected to contribute some 5 percent to state revenue or about Rp 44 trillion this year. It is understandable that the government is still reluctant to ratify the WHO's Framework Convention on Tobacco Control (FCTC) although anti-tobacco groups have reminded about the damaging impact of tobacco on health.

Indonesia is reportedly the world's third largest tobacco consumer, with the number of teenagers who smoke increasing by 144 percent between 1998 and 2004. Meanwhile, the total number of smoking-related deaths reaches 400,000 a year.

Therefore, Fauzi's plan to involve pressure groups from the civil society to stop smoking in public places should be supported as long as they are not authorized to carry out any law enforcement. We cannot rely on the government alone to carry out anti-tobacco campaigns because strong lobbies from tobacco industry will always try to block any government policies that are not in favor of the industry.

In this case, the role of anti-tobacco groups is important not only to warn people about the danger of tobacco to their health, but also to advocate government agencies to produce anti-tobacco regulations.

But such campaign will be a never-ending process and therefore, the city administration at least needs to consistently impose smoking bans on public places and punish violators to make sure that nonsmokers are well-protected from the hazardous substance of tobacco.

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