Tobacco ban for people born after the year 2000 passes Tasmanian upper house

Dangerous restriction on liberty, or "unslippery slippery dip"?

The Tasmanian legislative council, the upper house of the Australian state's bicameral legislature, has passed a motion calling for sales of tobacco to anyone born after the year 2000 to be banned. The law, if passed through the lower house, would result in an effective outlawing of tobacco around the year 2100 in the state.

The Telegraph reports:

The measure was proposed by Ivan Dean, a Tasmanian independent MP, who said the ban would be easy to enforce because the state already has restrictions on sales of cigarettes to minors. It would be the world's first such age-based ban and is also reportedly being considered in Singapore and Finland.

Mr Dean, a former police officer and mayor, said the ban would prevent young people "from buying a product that they can't already buy" but would not affect adult smokers.

"This would mean that we would have a generation of people not exposed to tobacco products," he said.

"It would be easier for retailers to enforce because when they ask for ID, all they would need to see if the person was born after the year 2000 ... As the generation reaches 18 years, there will be fewer of them smoking and while some of those first turning 18 might smoke, as time goes on fewer and fewer will."

The act is unlikely to make it through the entire legislative procedure, however: the Labor health minister is in favour of it, but their coalition partners in the state, the Greens are opposed, as are the opposing Liberal party. In fact, the motion likely only made it this far due to the unusually un-partisan nature of the Legislative Council – 13 of the 15 members are independent.

The idea addresses a point rarely considered in discussions around addictive substances, which is the fundamental unfairness of limiting access to something which people became addicted to fully legally. While the absolute ban may never come into place, it is certainly an example which our Labour government could have learnt from when they raised the age for smoking from 16 to 18, at a stroke criminalising two years worth of teens who became addicted to tobacco entirely legally. How much fairer would it have been to push for a ban for anyone born after 1 October 1991 for two years, and only then raising the minimum age to 18?

The Telegraph piece does also have one of the more fantastic expert opinions in recent history. Addressing the idea that such a ban could also lead to bans on things like alcohol or fatty foods, Professor Simon Chapman argues that a tobacco is far more deadly than other products, and thus:

If the slope is slippery, it's the most unslippery slippery dip I have ever seen in my life.

The risks of smoking are just so off the table ... We started banning tobacco advertising in 1976 and there has been no other commodity where there has been anything like a serious move to do what we have done with tobacco.

A gentleman enjoys a cigarette at an Australian motorsports event. Photograph: Getty Images

Alex Hern is a technology reporter for the Guardian. He was formerly staff writer at the New Statesman. You should follow Alex on Twitter.

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In independent Kosovo, families still search for their missing children

A decade after Albanian-majority Kosovo declared independence, questions remain unanswered. 

On a Wednesday afternoon in March 1999, Albion Kumnova was rounded up with five other men by policemen and put in the back of a van. From the four policemen kicking in the door to the vehicle speeding away, everything happened so quickly that Albion didn’t have time to put his shoes on.

Albion’s portrait sits above the television in his parents’ sitting room in Gjakova, Kosovo. He has thick, dark hair and a handsome face. Whenever she gets a message or phonecall, his mother’s phone lights up with a picture of him on holiday by the sea in Montenegro. Nesrete Kumanova has waged an intense war to find out what happened to her son, who was 21 when he was disappeared.

This weekend marks 10 years since Kosovo declared independence from Serbia. A decade before that, brutal fighting erupted between Serbs and Albanians. The subsequent war claimed thousands of lives and further entrenched the split between the two ethnic groups. Between 1998 and 2000, 13,535 people were killed or went missing.

Gjakova was particularly badly affected by fighting. Now, Albanian flags are displayed prominently throughout the town, and there’s a strong anti-Serb sentiment. As Yugoslavia broke up during the 1990s, Serbia was determined that the Albanian-dominated province of Kosovo should remain just that - a province, not a country. From late February 1998, Serbs and Albanians were at war for control over the country, which today has a population of just 1.8 million, and is a mixture of Albanians and Serbs, although the latter in the minority.  

“Every family has at least one person who went missing,” Nesrete says. Some families have as many as 10 missing. They feel unable to mourn them as dead, just in case something miraculous happens.

In 2002, after the war had ended, Nesrete got together with other parents to lobby for information about what happened to their loved ones. They staged hunger strikes, one lasting as long as 16 days, and protested in Gjakova and Kosovo’s capital, Pristina. The experience of hunger was overwhelming. “Being sad and when you have your pain with you, it’s very hard to handle it. But it’s the only choice I had,” says Nesrete. Their action had some impact, as some captives held in Niš, Serbia, were liberated. But her son was not in that group. She founded an organisation, Mothers’ Appeal, which is still going today. How many captives there were, and what has happened to them, remains unclear and a source of intense pain. 

“Without doing what we’ve done, nothing would move,” she says. “We thought we should be more active. Unfortunately, dead bodies are brought back to Kosovo – or their remains at least – and there are 1,600 others still missing from Gjakova.” 

Pristina city centre is decorated with banners and swags in preparation for the 10 year anniversary of independence. In Nesrete’s home, though, there’s nothing to celebrate.

“The independence of Kosovo has no meaning to families missing their loved ones,” she says. “The most important part of our life is still missing.”

The Kosovo government set up a commission for missing persons and gives monthly pensions to families of missing people. However, Nesrete criticises the government for inactivity and giving her false hope. “Everyone says: ‘this is going to happen’ but the result is almost nil. Every time there’s a knock on our doors, there’s another lie. I still don’t know what happened to my son.”

Many Serbs also lost family members in the fighting, but dialogue is impossible for Albanians, says Nesrete. “Serbs are all the same, they have always been like that,” she says. “Almost all of them are criminals. We have no faith in them. Even in the past in our grandparents’ time, they hung out together. They would keep an axe under their pillow and think about how to murder an Albanian. When they are born, they’re born criminals.”

The interpreter who has been sitting on a sofa adjacent to hers pauses, and exhales. “I’m sorry for translating this, but this is exactly what she said.”

To puncture partisan sentiment and show the catastrophe on both sides, Bekim Blakaj, the director of the Humanitarian Law Center, a long-established human rights organisation, has been helping to compile a book of every single missing or murdered person across Kosovo from 1998-2000. The project, undertaken by the centre, has been gruelling but necessary. “Our aim is to have a narrative for each and every person and a factual history. It is to stop the manipulation of numbers of victims and denial,” he says. “Albanians use some incredible numbers, that Serbian forces have killed more than 20,000 Albanians, which is not entirely true.”

The NGO goes into schools to do workshops, and Bekim says the children routinely cannot believe that Serbs were killed by Albanian fighters. Ten years after independence, Serb and Albanian children who were born after the war are still often picking up biased narratives from friends and relatives.

Each person listed in HLC's book has an average of eight sources to verify what happened. The work has been emotional and exhausting and several researchers were so burned out that they had to resign.

“It’s very hard because you have to be clear to the families that you can’t help them and you are just documenting what happened,” says Bekim. “But despite that they keep phoning you and you feel very bad when you can’t really do anything, especially when it comes to the missing persons. That’s the worst. But they keep calling you back.” Bringing victims together has helped some of them soften slightly. "At first they looked at each other as though they were enemies," says Bekim. "But then they realised that both sides were suffering and that they were victims with the same needs. Nowadays the situation is different – they are trying to cooperate."

Likewise, Nesrete has compiled a book with Mothers’ Appeal – it’s a list of people in Gjakova who went missing, with exactly what happened to them. It won’t bring Albion back, or give a gravestone or a funeral or any real closure, but it’s something. It’s all she may ever have.