Introduction
There exists a complex relationship between the three major entities: business, society and government. The relationship takes different forms given that interdependency among the three entities is inevitable (Aquinas 74). In practical sense, society relies on business for all kinds of goods and services while at the same time, business is seen to depend on society for all types of factors of production.
Not always will business act as expected by the society, and when it becomes unable for the larger society to effect changes with regard to particular business practice, the government intervenes in terms of legislating laws to put pressure or limit on businesses (Komaran 4-5). Therefore, the government apart from performing its usual roles of making sure there is stable and maintenance of law and order, security and defense has another added role of ensuring that business operating in the country complies with the various laws and regulations pertaining to business operation.
United Arab Emirates is a country that strictly oversees consumer law implementation. For instance, the country has a detailed consumer rights policy based on eight key strong points that businesses have to observe: safety, awareness, and choice, to be heard, to satisfy the consumer’s basic needs, compensation, consumer to be educated, and consumer to live in a healthy environment (Department of Economic Development-UAE 2). At the same time, the consumer policy has outlined consumer responsibilities that consumers have to abide by. Majorly the consumers have to be aware of their rights with respect to all consumption aspects, to respect and follow the health rules and to abide by the instructions affixed on the product (Department of Economic Development-UAE P.3).
Therefore the interest of this research is to investigate and explore Tobacco regulation in the United Arab Emirates and the discussion will largely be limited to Tobacco regulation Act, history of the specific law, personal opinion of the consumer law, benefits and cost analysis on society, industry and consumer and lastly representation of public opinions on relevant charts.
History of the Tobacco Law in UAE
United Arab Emirates constitute a federation of seven Emirates that include “Abu Dhabi, Sharjah, Ajman, Fujayrah, Umm al-Qawain, Dubai and Raas al-Khaymak” (Anon Para.1). The sources of the country’s laws are derived from the Islamic law, constitutional and also legislation. Many citizens of the Emirates are Sunni Muslims but notably there are small proportions of Christian and Hindu followers who constitute minority religious groups. At the same time, the country has high number of expatriates in different fields (Anon Para. 1). UAE is known to be one of the countries with high rate of population who are smoking (Tobacco Watch.org para.2).
According to the World Health Organization (WHO) 2009 report, it is estimated that 25 per cent of UAE men smoke tobacco while women who smoke constitute 2.6per cent (Tobacco Watch.org para.5). But more worrying are the smoking rates for the country’s youths where the report found out that young girls who smoke constitute 13.2 per cent while young boys who smoke comprise 25.2 per cent all groups under the age bracket of13 to15 years (Tobacco Watch.org para.6).
Associated to increased smoking in the country was the fact that deaths resulting from cancer in the country had increased at an alarming rate where predicted statistics shows that in the next ten years to come, cancer-related death will triple. The young generation is the one at danger due to their increased smoking lifestyle (Tobacco Watch.org para.6). More observations by the World Health Organization for the country shows that the median age of the citizens of UAE has reduced to about thirty years and the warning is that if cases of smoking are not regulated promptly then there is likelihood of acceleration of lung disorders and coronary complications in about 20 to 30 years to come (Tobacco Watch.org para.7).
As a result of these concerns, UAE doctors sounded an alarm in 2009 where they suggested that the country needed to institute a national smoking prohibition in order to preserve and ensure the continuity of the young generation. At the same time the doctors noted that hospital diagnosis had shown that there exists evidence that associates the dangers of heart attack to the volume of tobacco an individual consumes hence any attempt to put a stop on tobacco smoking would lead to reduction in the risks (Tobacco Watch.org para.3). For instance, one doctor noted that, “we need legislation, education, and taxation on tobacco products and further if the price is increased it would cut the number of very young smokers” (Tobacco Watch.org para.3).
Another doctor noted the low price of cigarettes in UAE as compared to developed countries and associated this fact to increased smoking among the population especially the young people. The doctor’s conclusions were that, “as well as the issue of cost, the UAE should use federal legislation as a basis for boosting smoking cessation services and awareness campaigns. The danger here is that more young people and more women are smoking, it is a fad, not a cultural or religious issue and it is important for measures to be put in place, such as a federal ban, which make it more difficult for people to smoke, especially young people” (Tobacco Watch.org para.8).
From 2006, there have been constant efforts to enact prohibitive legislation to curb tobacco smoking in UAE. However, the climax of these laws came in January 2010, when UAE president His Highness Sheikh Khalifa bin Zayed Al Nahyan signed into law the tobacco control bill thereby paving way for Federal National Tobacco Law (Saseendran 1). The laws ban all smoking activities both indoor and outdoor in houses, public places and in vehicles. The theme of the law is to make UAE a tobacco smoke-free country, according to health officials (Saseendran 1). The law further put firm instructions to underage children below 18 years to totally refrain from purchasing cigarettes.
Further no person is allowed to drive while smoking especially if the person is carrying a kid below the age of 12 years. The law has totally put a ban on all tobacco imports to UAE and its associated products to an extend that companies can only be allowed to import when and after the government has verified that the specific company has fulfilled all the conditions and standard specifications set by UAE which in part include putting clear warning statements and visual pictures on the tobacco packages (Saseendran 1).
At the same time the law has not spared advertisements and promotion activities since all forms of advertisements, promotions or even sponsorship of tobacco products has been outlawed. As if not to spare anyone at all, the law has further outlawed sale of cigarettes and its products in the major residential coffee shops while at the same time farmers and all stakeholders involved in tobacco farming have been given a grace period of two years to change into cultivation of other crops other than tobacco (Saseendran 1).
The law at the same time has prescribed legal penalties for those flouting the law such as: a fine of up to Dh 1 million; serving a jail term of maximally over two years, the government agencies also will be involved in confiscating all the advertisement materials promoting activities of tobacco smoking, closing down of companies and other joints found selling or promoting activities enhanced to increase consumption of cigarettes (Saseendran 1).
To show the seriousness of the law and the commitment of the government in implementing the law, a National Committee to Combat Tobacco was instituted after the cabinet proposed and voted on the issue and the mandate of the committee is to ensure the law is fully implemented. The committee will get full backing and support from other bodies of Municipalities and the Emirates Standardization and Metrological Association (Saseendran 1).
Opinion on the Tobacco regulation law as a consumer law
The tobacco regulation laws in UAE unlike any other time in the history of the country have received enormous re-evaluation while at the same time political commitment to the laws continues to increase, an event that has started to see local habits among the population change and currently smoking appears to be less socially acceptable in the larger society of UAE (Euromonitor para.3). Nevertheless, recent studies on shisha, it was revealed that it continues to draw a lot of popularity especially among women and youths while at the same time the increasing number of skilled migrant workers in the country continue to show that tobacco smoking is likely to continue at its rate in near future (Euromonitor para.3).
Economically with the ban taking effect, it has been estimated that 40 per cent of blue-collar workers lost their jobs as many international companies cancelled their orders and other assignments (Euromonitor para.3).
Tobacco for ages has been known for its lethal effects both to direct and indirect smokers. Tobacco is the main source and cause for lung diseases, heart attack problems, premature aging, and macular degeneration, which is the chief causing agent for blindness (Ghimire para.3). People in UAE have reacted to the law differently with majority supporting it but with a condition that it be re-evaluated to exercise some flexibility.
According to Hana Obeid, a doctor and the head of Tobacco Free Dubai, Tobacco laws enacted are necessary and good especially when the, young generation is considered, she asserts that,” I think we need to prohibit all those under 20 from purchasing cigarettes as it is in the best interest of the health of our young generation” (Saseendran Para. 10). According to the residents of Dubai responding to questions from Khaleej Times journalists, their view is that, “the new federal smoking law will help non-smokers avoid second-hand smoke but needs to do more to protect youth” (Saseendran Para. 10).
Another resident by the name Issa noted that,” shisha cafes should be away from homes and public places whereby too much smoke is not good, and second-hand smoke is not good to the dwellers of the residential places and that we should have smoking joints on the outskirts” (Saseendran Para. 10). Issa further believes that, “if they close all the shops. I think it will be good for all, but if not, they should only allow it to those aged above 20 years and even though the fines are stiff it is just okay” (Saseendran Para. 11). Many people of the country were contented that tobacco sellers had suspended their moral obligations with regard to selling tobacco to underage children.
For example Ghaleb Al Wazir, note that, “if a child asks for a pack of cigarette from a grocery, shopkeepers immediately give them without considering their age, I think tougher laws are the only way to deal effectively with the hazard” (Saseendran Para. 12). This position is reinforced by Yousuf Aftab whose comments are short and precise, “enforcement of laws is very important to deal with those who sale tobacco to underage youths” (Saseendran Para. 13).
My opinion is that, tobacco regulation law is not new to the world neither is it taking place for the first time in UAE. Other countries especially in developed world where smoking is almost a legalized culture have undertaken anti-smoking regulation laws. For instance, almost all states of America have tobacco regulation laws and in more liberal states or cities, the laws are more restrictive (Howard 1). Further, in America, according to a research carried out in 1996 at the height of smoking in the country, statistics indicated that about 43 per cent of the residents were in favor of some restrictions on public consumption of cigarettes while in 2000, a Gallup Poll carried revealed that 95 per cent of Americans were in support of anti-smoking laws in restaurants (Howard 1).
Therefore anti-smoking laws are not bad given the rate of medical statistics showing the negative impacts of smoking. But mere restrictive laws that have no rehabilitative or educative policies will need realize positive results. As many smokers would confess they have a strong will to divorce from smoking but they generally find it hard. Hence it is imperative for the government to incorporate rehabilitative, public awareness and treatment policies in anti-smoking laws and regulations.
Benefit and cost analysis of the law on society, industry and consumer
With the Tobacco law coming into full swing operational especially after the government commitment with other political leaders become strong, evidence shows that the law has and will continue to impact on the economy of the country especially to the industries involves, to the larger society and the actual beneficiary of the products who constitute the consumers’ body. According to research that was commissioned by the American Lung Association and carried out at Penn State University it was found out that initiatives to help smokers quit or reduce their rate of tobacco consumption lead to saving of many lives while at the same providing favorable economic benefits to the society or country concerned (American Lung Association para.1).
The study identified that huge costs were directly associated with death and diseases as a result of smoking. For instance in California state, statistics from the study showed that about $26 billion in costs was associated to smoking (American Lung Association para.4). At the same time, the study found out that 38,000 people in this state succumbed to death due to smoking (American Lung Association para.4).
Due to the tobacco coming into effect, most industries involved in the business in UAE complained to the fact that, the requirement to have warning images to cigarettes and other tobacco products would lead to increased costs (Garten and Falkner 1). Industries are supposed to have rotational pictures on their products warning people about the dangers of smoking but the cost of these rotational images was seen to be too high.
For example a statement from one of the manufacturer contained these concerns when the manufacturer noted that, “there will be need for extra printing costs to have five rotational pictures as warnings on the cigarette packets throughout the year and would force us to increase cigarette prices” (Garten and Falkner 1). As a result, smaller companies were opting to move out of UAE market while those unable to fit well in the new environment were opting for mergers (Garten and Falkner 1). Another manufacturer noted that, “adding pictures would mean increasing costs by at least 20 per cent since we need special color printers and scanning facilities” (Garten and Falkner 1).
About the effect of the law on the society of UAE it must first be known that smoking of tobacco has affected society in great measure. When one observes the effects smoking has had on the country’s youth, women and even men it becomes true that an enactment of a prohibitive law is necessary. As a result of pictorial warnings and the increasing public awareness, smoking of tobacco in UAE is slowly becoming less socially acceptable (Saseendran para.14).
But the law was having effect on the shisha cafes located in residential areas and many people had raised their concerns. For example, Haysam Oman, a man owning a shisha café noted that the law would affect the shisha business and any attempt to re-locate his café would results into him closing it down and going back to his country-Egypt (Saseendran para.14). The shisha owner further note that putting a ban on age limit for young smokers is recommended but banning shisha was not wise. Ali Mazer, a citizen of Iraq dealing in second-hand business for vehicles in Sharjah observed that, “shisha cafes are more of social activities and provide a chance to catch up” (Saseendran para.14).
The business man further noted that shisha cafes provided him with a chance to meet other business people and carry out business and that,” it is not good to remove the shisha café from their present locations because it is only in this place that they can hookup with friends and get latest news from home and do business specifically with cars and spare parts” (Saseendran para.15). Ali Abbas, aged 26 years and a citizen of Lebanon stated that, “100 per cent it will affect the business, but for me shisha cafes provide opportunity to meet friends and hangout, everyday we play cards, board games and watch football, at least three hours daily for relaxation” (Saseendran para.15). Observation by Abbas was that the fine instituted in the law might be too high for shisha cafes since most youth they had adopted a habit of producing fake identity cards making it difficult to know their age (Saseendran para.15).
Not only were the smokers of shisha concerned with the law but also those who did not smoke but enjoyed shisha cafes. For example, Basil Zalek, aged 43 years from Syria noted that he does not smoke but enjoys the social environment and orientation of the shisha cafes (Saseendran para.16). But Zalek was in support of the restrictions on children, observing that banning shisha cafes would “affect the tradition, because I meet friends to play ‘Tabel’ even if I am not smoking, but I believe that it should be 21 years if the government will allow someone to smoke” (Saseendran para.16).
In supporting the laws, Imad Ghadban further advised that, smokers need to be provided with necessary help through increased campaigns, “it is not that easy for smokers to immediately quit the habit, I hope that some measures can also be taken or supporting programmes implemented to help smokers transition to a tobacco-free lifestyles” (Saseendran para.17).
On the effects of the law on the consumers in the country, it can be concluded that since the youth constitute the largest percentage of smokers they are the main consumers of tobacco industries and some advertisements in the past have directed their advertisements activities to this segment of the population. The effects of the law were forcing companies’ costs to rise and therefore leading to increase in the price of the cigarettes.
Given that WHO has conducted research in the country and confirmed that the most affected aged bracket is that of 13 to 15 years, conclusion can be made that, with increase in prices of cigarette it would be difficult for this group to afford, hence what will follow will be a reduction in the consumption rate of cigarettes mostly by the youngsters. Therefore the law in long run with effective implementation is likely to see the consumer market for cigarettes decline.
Conclusion
United Arab Emirates is a country that is slowly evolving and addressing the reality of the modern world in decisive approach. The country has taken great concerns for the health situation of its population especially due to the impacts of smoking cigarettes. The country’s medical practitioners together with other key stakeholders have noted that tobacco smoking is an issue that has resulted into economic, social and health burden to the country and any actions directed at fighting tobacco smoking were welcome and necessary. Efforts to regulate tobacco smoking in the country started way back in late 1970s but due to lack of political commitments the laws and regulations became dysfunctional.
But what is needed in formulation and subsequent implementation of any law that affect key stakeholders in the society is the issue of broad participation and consultation to ensure that resultant policy or adopted decision is accepted across board and enjoys majority support. As far as any law or policy would appear to be popular, there is need for a thorough feasibility study and environmental scanning to ensure that all aspects of social, cultural, economic and even religion are covered adequately by the law.
Any attempt to ignore one of these aspects would just result into destabilization of the equilibrium whereby as one aspect of social is being worked on to achieved desirable remedies, another social problem is being created or re-created by the concerted efforts of solving the problem. Thus the Tobacco Regulation Law will achieve meaningful results if the participation and views of industries, people and other smaller business owners are accommodated. All in all smoking to the underage is an act that should be fought by all stakeholders to minimize if not eliminating.
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