Monday, February 18, 2008
Will
Mexico 'Smoke Out' its Smokers?
By Allan
Wall
On February 21st, the Mexican Senate is
scheduled to vote on an anti-tobacco measure which, if it becomes law, would severely restrict public smoking nationwide.
This proposed law is not to be confused with a Mexico
City smoking restriction law which is only for that city. The new measure is
for the whole country.
Smoking tobacco has a long history in Mexico. It was
practiced by the Mayan culture at least since the 900s. A carving from a temple in Palenque, Chiapas, portrays
a Mayan priest smoking.
Tobacco was part of Aztec mythology – an Aztec
goddess known as Cihuacoahuatl was portrayed as having a body of tobacco. Aztec
priests carrying out human sacrifice donned tobacco gourds as part of their costumes while aristocratic Aztec banquets began with the distribution of smoking tubes.
Tobacco was used throughout the pre-Columbian Western
Hemisphere.
After Columbus’ arrival in 1492, European sailors
took tobacco to far-flung corners of the Old World, where it became a part of many cultures worldwide.
Mexico is a profitable market for big tobacco. The most popular brand is Marlboro, accounting for nearly half of all cigarette sales in the country.
Tobacco manufacturer Philip Morris sells over 60%
of all the cigarettes sold.
It’s also estimated that about 150 Mexicans
die a week from tobacco-related health problems. This costs Mexico a lot of money,
not only in medical expenses but too in the impact it has on the labor force and on Mexican families.
History’s first known smoking ban was
enacted in 1590 by Pope Urban VII, who prohibited (under pain of excommunication) the use of tobacco in churches. In the 1600s
and 1700s there were smoking bans in various parts of German-speaking Europe, which were
all repealed after the Revolutions of 1848.
The first government to really go after tobacco was
the Nazi regime in Germany, which was strongly anti-tobacco and carried out major publicity campaigns against its use. The Nazis banned tobacco use in universities, post offices, military hospitals and
Nazi Party offices.
In the latter part of the 20th century
smoking bans were enacted in various
U.S. states, and in Europe, and have continued to be strengthened in many countries despite opposition from tobacco companies
(obvious reasons), restaurants (business reasons), and civil libertarians ( philosophical principles).
In comparison to the U.S. and Europe, Mexico has been
a little slow in the enactment of such laws but it is catching up quick.
A 2003 Mexican law stipulated that restaurants must
reserve 40% of their space for non-smokers and have ventilation systems that would remove the smoke. That legislation banned
smoking in such public venues as hospitals, banks, public restrooms and government offices.
Last month the aforementioned Mexico City law came
into effect.
The new federal anti-smoking law would prohibit smoking
in offices, schools, restaurants and cafeterias. There can still be designated
smoking areas but they must be in the open air, or in isolated rooms.
Fines are set to run from $5,000 pesos (for individual
smokers) to $5 million pesos (for businesses).
The measure has already been approved by the Cámara de Diputados (House of Representatives). On Feb. 14th, the Senate Commissions of Health, Environment and Legislative Studies approved the
new General Law for the Control of Tobacco. The full Senate is scheduled to vote
on it February 21st.
If it passes the Senate, it need only be sent to the
president and published in the Diario Oficial de la Federación, and 90 days thereafter
it becomes law. It also includes a 6-month period for businesses to prepare their
designated smoking areas.
The law has noble aspirations, but many questions
could be raised about tobacco prohibitions. Banning tobacco in a government building
is one thing, but banning it in a private restaurant quite another.
There are also questions about enforcement. The Department
of Health is to set up a hotline for people to squeal on smokers. How will that
work? Will Mexican police, already battling drug cartels, be tasked with running
down smokers?
And what about corrupt officials, will they take bribes
from smokers and businesses to look the other way?
A civil libertarian might ask if protecting the citizens’
health is a legitimate responsibility of government anyway. What’s next,
fining people who overeat or have a high cholesterol level?
These are questions that could be asked about the
new anti-tobacco law. However it looks like a done deal, barring unforeseen developments.
——————————
Allan Wall, a MexiData.info columnist, recently returned from a tour of duty in Iraq.
He currently resides in Mexico, where he has lived since 1991. He can be reached via e-mail
at allan39@prodigy.net.mx.
