by James Lutaaya

Created on: October 01, 2008

NO SMOKING IN PUBLIC PLACES IN UGANDA?!

Uganda joined the environmentally conscious' nations in the world when it passed the National Environment (Control of Smoking in Public Places) Regulations 2004. This was after a protracted case against NEMA and the Attorney General asserting that smoking in public places and transport violated the rights of non-smokers to a clean and healthy environment. Since NEMA conceded to the case and the Attorney General skipped the hearing, the Judge made the declarations agreeing with the aforementioned assertions and ordered NEMA to put in place a law to ban the practice. NEMA as such, with in its jurisdiction passed the Regulations that are enforceable and recognised by law.

11th March 2004, when this law was passed, was supposed to be the day of liberation for the non smoker. Finally s/he was supposed to be free from the public nuisance and inconsideration a smoker had subjected him/her to all this time. How a self harming minority had exposed the majority of the population to an exasperation regarding their health against their will for so long, only God knows. This law was not only supposed to protect the passive smoker from the health hazards associated with his/her involuntary action; it was also meant to be a disincentive to the smoker with a view to the latter's quitting.

However, for the government to achieve these health benefits, it had to put in place strong enforcement procedures and institutions to ensure that this law is implemented. It also needed to take a strong stand and make all public places smoke free. This is because separate smoking sections do not completely eliminate exposure to second hand smoke. States in America that took this route are realising this and looking to change their legislation. Unfortunately, when passing this regulation in Uganda; consideration was given to the effect making public places like bars, restaurants and discotheques completely smoke free would purportedlure do to their businesses. The belief was that it would reduce their overheads as smokers would shun them. The aforementioned places and the Tobacco industry being major tax contributors swayed the law in their favour. Tacitly bars, restaurants and discotheques were made to provide designated rooms where smoking can take place. Herein most non smokers' health was compromised for selfish financial gain.

Even though these designated smoking areas are to be separated from the rest from ceiling to floor by a functional door; separately

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