Staff Reporter :
The decision to consult stakeholders before finalizing amendments to the Tobacco Control Law is considered by sector insiders and analysts to be a highly timely and pragmatic step. They say that the high-level advisory committee related to this matter has decided to engage stakeholders before making any amendments to the Tobacco Control Law.
This decision has been made after considering the overall impact of the amendments. In this regard, it is essential to gather opinions from all stakeholders – including companies, farmers, retailers, hawkers, and revenue-related agencies.
However, some people, referring to Article 5.3 of the World Health Organization’s Framework Convention on Tobacco Control (FCTC), claim that stakeholders cannot be consulted in amending the tobacco law. But this is a completely incorrect interpretation of Article 5.3. In fact, according to this article and its guidelines, there is no prohibition on dialogue with stakeholders, including tobacco companies.
The FCTC was adopted in 2003 at a conference of the World Health Organization. Article 5.3 of the FCTC states:
“In setting and implementing their public health policies with respect to tobacco control, Parties shall act to protect these policies from commercial and other vested interests of the tobacco industry in accordance with national law.”
The WHO has published “Guidelines for Implementation of Article 5.3” on how to enforce this provision.
Analysis of Article 5.3 of the FCTC and its related implementation guidelines shows that there is no restriction or prohibition on engaging or holding discussions with tobacco companies. Rather, such engagements should be regulated and transparent.
The guidelines recommend that discussions or decisions in this regard be properly documented and conducted with transparency. Therefore, gathering opinions from stakeholders – including companies, farmers, hawkers, and wholesale and retail traders – does not violate the FCTC.
On February 22, 2022, the European Court of Justice issued a judgment interpreting Article 5.3 of the FCTC. The court stated: “This article does not require the complete exclusion of the tobacco industry from policymaking.” The court further clarified that the FCTC implementation guidelines are not legally binding, but merely proposed policy recommendations intended to assist member states.
The provisions of the FCTC and its guidelines require that actions be taken in accordance with the respective country’s national laws. Bangladesh’s constitution, laws, and administrative policies also allow for stakeholder consultation. Under the Smoking and Tobacco Products Usage (Control) Act, 2005 (amended 2013), it is lawful, in the public interest, to call stakeholders, seek their opinions, or hold discussions. When the law was enacted in 2005, the government also consulted tobacco companies and other stakeholders.
As a single sector, tobacco generates the highest amount of revenue for the government. Annual revenue from this sector exceeds BDT 40,000 crore, accounting for about 10pc of the government’s total revenue collection. In addition, according to a report by Oxford Economics, around 150,000 farmers in Bangladesh cultivate tobacco, and nearly 500,000 people depend directly or indirectly on tobacco farming. The wholesale and retail trade of tobacco products accounts for 14pc of total employment in the sector.
The initiative to further amend the Smoking and Tobacco Products Usage (Control) Act, 2005 (amended 2013), began several years ago. On November 7 last year, the interim government formed a high-level advisory committee, led by the Finance Adviser, to review the proposed amendments. Recently, a meeting of this high-powered committee was held. Minutes of the meeting show that the committee’s chairman, Finance Adviser Dr. Salehuddin Ahmed, stated: “Amending the Tobacco Control Law is certainly necessary. But we must also consider the kinds of impacts such amendments will have on all concerned sectors. In our country, there is no elastic revenue source. Keeping this in mind, we must look for alternative ways to maintain the flow of revenue. At the same time, it is necessary to collect and review the opinions of all concerned parties.”
Experts say that, considering the impact on the national economy, this stakeholder consultation is crucial. Sudden and unexpected amendments to the Tobacco Control Law could reduce government revenue from this sector, endangering the livelihoods of a large number of farmers, and retail and wholesale sellers. There is also a risk of increased smuggling and the spread of counterfeit or fake products. As a result, the country’s economy could be harmed overall.
