President Laura Chinchilla on Thursday morning signed
the Control of Tobacco and its Harmful Effects on Health Bill, approving
wide-ranging changes to Costa Rica’s regulations on smoking.
Her signature marks the end of a struggle to ratify
stricter tobacco laws. A previous bill was written in 2009, the same year that
a Health Ministry poll showed 93 percent support for stricter laws.
Chinchilla remarked that this moment should have come
years ago, but she applauded those who refused to let the bill die.
“I recognize all health institutions, which did not
lower the flag and fought for the passage of this law,” the president said at a
ceremony at Casa Presidencial in Zapote, in southeastern San José.
The law becomes official once it is published in the
government newspaper, La Gaceta, which Chinchilla said would happen “as soon as
possible.” A 90-day adjustment period then begins as officials determine
reglamentos, or regulations, that explain how the law will be enforced. Health
Ministry officials are working on the regulations with the Alcoholism and Drug
Dependency Institute (IAFA) and the National Anti-Tobacco Network, among
others.
President Laura Chinchilla scored a political
victory this week by signing a tough smoking bill into law.
Alberto Font
The bill bans smoking in places such as bars,
restaurants, public buildings, bus stops and taxi stands. Taxes will increase
₡20 ($0.04 cents) per cigarette. The bill mandates cigarette packs display text
and photo warnings on at least 50 percent of the box. Central American
neighbors Guatemala, Honduras and Panama already approved similar measures, as
did six countries in South America.
After the signing ceremony, the media amassed around
doctors and lawmakers who pushed for the bill in an effort that Roberto Castro,
director of the National Anti-Tobacco Network, likened to David versus Goliath.
The influence of tobacco companies had influenced smoking policy in the country
since the late 1980s (TT, March 9).
Access Without Exclusion Party member Rita Chaves, who
headed the committee in charge of the bill, called the law an “important
advancement” for the country.
“We are very satisfied,” said Teresita Arrieta, of
IAFA. “And now we’re waiting anxiously for the implementation of the law.”
The battle by lawmakers to pass a stricter
anti-tobacco law overcame its final hurdle on Tuesday when the Constitutional
Chamber of the Supreme Court (Sala IV) ruled the bill is constitutional.
In a 5-2 decision, the court said the legislation did
not contain any procedural errors or articles that could be deemed
unconstitutional.
Two magistrates who approved the bill questioned why
the Sala IV reviewed the legislation in the first place.
On Feb. 27, Costa Rican lawmakers passed the
100-percent smoke-free environment bill in a 45-2 vote, sending it to the
president to sign. However, in a controversial move, the Sala IV accepted a
last-minute petition by 10 opposition legislators to assess the bill’s
constitutionality before Chinchilla could sign it into law.
Judges Luis Jinesta and Ana Virginia Calzada stated
the Sala IV never had authority to review the bill since it already had passed
the Legislative Branch. Still, tobacco reforms held up under scrutiny – and for
the reasons anti-tobacco advocates had cited all along.
The judges wrote that there’s no proof the bill’s tax
increase would encourage contraband, an argument made by tobacco companies
Philip Morris and British American Tobacco. Smokers’ rights are not infringed
upon since the law does not ban the sale of tobacco products, the Sala IV
affirmed. It only limits where products can be used in an effort to protect
public health. The smokers’ rights argument had been made repeatedly by leaders
of the country’s Restaurant Chamber, which oversees bars and clubs in Costa
Rica.
In addition, the Sala IV referenced the effectiveness
of the law in other countries in regards to protecting the public. The
smoke-free bill follows guidelines set by the World Health Organization,
already put into practice in nine other Latin American countries.
The law’s execution faces several challenges. Health
Minister Daisy Corrales said the country needs to train more police officers to
monitor the law, which doles out heavy fines to offenders and could lead to the
temporary closure of businesses caught violating the decree. The country also
will take action to combat contraband cigarettes.
Corrales said 60 percent of funds that will come from
the cigarette tax will go toward the Social Security System to treat
tobacco-related illnesses and create programs to help smokers quit.
Representatives for the tobacco industry and the
Restaurant Chamber both stated to media Tuesday night that they would accept
the ruling. Chinchilla told reporters she had not spoken with members of the
tobacco industry or the chamber yet. The president added she’s open to
discussions with them, but couldn’t see why it would be necessary.
“We are going to see a process that will benefit
everyone,” she said.
COMMENT
Costa Rica finally passed the much
needed law necessary year ago. This law is also present in many other Latin
American countries. My home country Honduras is one of these countries so I
have experienced the benefits of the law.
I
think the law helps conservate the health of people who don’t smoke as well as
their commodity. Many of us who don’t like to smoke hate when people are
smoking close to us in public spaces, they mess up our health, and that is not
a “right.”
Costa Rican authorities deserve a
big round of applause for passing the law even though they faced many critics,
this requires courage. It is also convenient to put a big tax on the law
because this way the government can pay for the expensive treatments smoking
causes.
President signs anti-smoking bill
Retrieved April 17, 2012
Done by Eric Fernandez
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