A Research Report Submitted in Partial Fulfillment of Requirements for Award of Bachelor of Laws (LLB) Degree of Mzumbe University
This study examines the legal Framework on Health and Environmental Protection against Tobacco Use in Tanzania. As the tobacco epidemic has evolved within countries and between them, tobacco dependence has become more stratified, increasingly affecting those less advantaged. Some individuals are more susceptible to the harmful effects of tobacco because of genetic or environmental risk factors. It is highly likely that the changing face of epidemic, from one that affects specific segments, is a major contributor to health in equalities worldwide. Tobacco smoking has become the major problem causing death, for this reason , the Tobacco Products Regulations 2014 is set in a manner of protecting children , SHS, from tobacco exposure.
The study involved documentary reviews and field researches by gathering relevant information from agencies enforcing tobacco laws, legal practitioner and ordinary citizens. Mainly collection of field data involved interviews. The study involved a sample of 40 respondents and random sampling procedure was involved. This study found out that, there is impediment in enforcement of tobacco laws in Tanzania.
It is concluded that the law only protects one side (non-smokers) and does not protect the active smokers as it allows smoking in privacy regardless of their health effects encountered to them, as for smokers they cannot use long time without lighting their cigarette which makes public places unsuitable for them and their needs, the TPRA under its policy objective provided by section 3 (a) and (b) that the aim is to reduce tobacco use and its consequent harm by protecting persons under 18 age and non-smokers from exposure to tobacco use.
This study recommends that for the sake of effective enforcement of tobacco laws the government should ensure comprehensive application of FCTC Article 5.3 in implementing corrective measures. The WHO FCTC itself provides no implementing details for giving effect to Article 5.3’s which mandate that Parties must act to protect their tobacco control policies from the commercial and other vested interests of the tobacco industry.