Putrajaya was today taken to task for compromising on its original position for a total carve-out on tobacco control measures under the Trans-Pacific Partnership Agreement (TPPA).

At a press conference today, the Malaysian Council for Tobacco Control (MCTC) claimed Putrajaya had agreed to have tobacco control measures taken out from TPPA in 2013 but had backed down at the last minute.

The NGO made the accusation following the large number of documents released last week on the matter following final round negotiations for the TPPA in Atlanta.

The proposal was initiated by MCTC and presented and agreed to by the Health Ministry after which it was brought to the attention of International Trade and Industry Ministry (Miti).

"In August 2013, there was a special cabinet meeting on TPPA and we were told the cabinet support us and there were cabinet minutes (to prove it). Prior to that, we also wrote to the Prime Minister Najib (Abdul) Razak and all the ministers," said Molly Cheah, president of MCTC.

Najib had attended the special cabinet meeting, said Cheah, who was invited to the meeting as well.

"Malaysia even made it to the New York Times , which praised the Malaysian government over the proposal for a total carve-out," she said.

A complete carve-out of tobacco control measures would protect a country’s ability to set its own rules for marketing, advertising, banning, or taxing various tobacco products, among other control measures.

"The proposal was then brought to the negotiation table of TPPA. We were following each round of the negotiation. The proposal was still intact until (the final rounds of negotiation at) Atlanta.

"Suddenly they are listening to the US; why? There must be something amiss, [...] why was there a last-minute back out decision ?

"What made Miti back down to the tobacco indutry or cave in to the US - at our expense? Why did the minister (Mustapa Mohamed) compromise?" she asked, adding Putrajaya owed the public a full explanation.

'Side with the public'

Also present at today's press conference was Bantah TPPA deputy chairperson Azlan Awang, MyWatch representative Zariha Zain, and MCTC secretary S Veeramohan.

‘American trade officials need to toughen their stance when the TPPA negotiations resume. They should be siding with the public and those concerned about public health, not the makers of products known to be lethal and highly addictive,’ said the New York Times in its article.

The group also urged the government not to sign the TPPA.

"Tobacco cannot be viewed as a normal product to be promoted in any free trade agreement. Tobacco is the only product that is controlled globally via WHO’s Framework Convention on Tobacco Control (FCTC), " she said.

Zariha, who was the Health Ministry’tobacco control unit head under said at least nine chapters of the TPPA will impact tobacco usage and regulation in Malaysia.

"The tobacco companies can now undermine whatever efforts the government makes towards public health in relation to tobacco control," she said.

The TPPA now stipulates that tobacco companies be a stakeholder for tobacco issues involving the government compared to the current government practice of excluding industry players, according to her.

"The tobacco companies are the problem. We should keep them away [...] you don't invite a thief to help you control the theft problem in your area," she said.

"Another chapter says if the government want to set up new rules and new laws on tobacco control, the tobacco companies must be inivited to give their input. Certainly they will water down matters," she said.

The TPPA also proposes a 'regulatory impact assessment' (RIA) which requires the government to show the necessity of any new law, regulation or policy on tobacco control, Zariha added.

"I was in the government before. We need time to prove it and to put the things together. The whole process get very exhausting so much so the government might say, 'Let's not do it'," she revealed.

TPPA not for people's benefit

Once the TPPA comes to force in 2018, she said, the public may not see the light of any new law or amendments to legislation related to tobacco control.

Despite the TPPA stating that tobacco companies cannot sue a government, she said, industry plawyers could still get another state to sue Malaysia.

Citing the example of Australia which was sued by six countries for its plain packaging of cigarettes packets, she pointed out the former stood its aground against the tobacco lobby.

"If it happens to Malaysia, we will withdraw. In Malaysia, we lack the political will to go against the tobacco companies [...] we will back off," she said.

Veeramohan said he was puzzled by the TPPA documents which specifically stated tobacco leaves were exempted.

"That means, you can import tobacco leaves and the tariff is zero. So they can bring in the leaves for free and extract nicotine and therein, they can even get into the e-cigarette industry," he said.

Azlan, meanwhile, said that if the government failed to fulfil its promises on the tobacco control carve-out in TPPA, he said he could not imagine what else the government had drastically compromised on

"We are worried.The tobacco carve-out was just one of the few proposals brought forward by Miti. If Miti did not defend this, what else have they compromised and abandoned ?" he asked.

"They (the politicians) said they will take care of everything, health, the environment, the small and medium industry, the bumiputera agenda [..] we are so low in self-esteem," said Azlan.

"This is another betrayal (by the government) of public health," he accused, concluding that the TPPA was not meant to benefit the people in general.