Abstract
The tobacco companies continue to resist the adoption of tobacco control laws in developing countries in spite of the predicted high risk of a tobacco epidemic in those areas. In contrast to previous studies which focused on the developed and middle income countries and concluded that interest groups impact policy making, this study examines the strategy of anti-tobacco interest groups to promote the regulation of tobacco smoke in Malawi using data collected through interviews of experts and review of existing materials on tobacco control. The study finds that the anti-tobacco groups are resorting to litigation to compel their government to enforce environmental provisions stipulated in the Constitution and other legal documents as means of regulating tobacco smoke. Finally, it concludes that litigation for the implementation of legal provisions to protect public health might be the strategy used by interest groups to regulate substances detrimental to public health in developing countries. Key words: Tobacco smoke, Malawi, constitutional provisions, interest groups, policy adoption, litigation, tobacco control.
Highlights
Almost all countries have some form of tobacco control instruments because of research evidence indicating that the adoption of effective tobacco control instruments can curtail tobacco health hazards (WCTOH, 2000; Lopez et al, 1994; Cairney et al, 2012; Owusu-Dabo et al, 2009)
This study investigates the strategy of the anti-tobacco groups to use litigation to promote the regulation of tobacco smoke in Malawi
The anti-tobacco groups have not been successful because the tobacco leaf buying companies are using their political power to prevent the adoption of effective tobacco control instruments in the country
Summary
Almost all countries have some form of tobacco control instruments because of research evidence indicating that the adoption of effective tobacco control instruments can curtail tobacco health hazards (WCTOH, 2000; Lopez et al, 1994; Cairney et al, 2012; Owusu-Dabo et al, 2009). Some interest groups are promoting the adoption of some tobacco control ideas that have been tried and found to be effective in controlling tobacco often referred to as best practices as domestic laws, with the hope that it will help to curtail the persistent rise in the smoking rate (Asare, 2009; WB, 1999; WCTOH, 2000; Owusu-Dabo et al, 2010; Studlar 2003). A country such as Malawi, which relies heavily on tobacco production, has been struggling with efforts to adopt effective tobacco control measures. The tobacco industry employs between 12 to 40% of the workforce and generates over 70% of the foreign earnings
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