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International Letter Campaigns for Tobacco Control

Delay and Derailing Tricks over Tobacco Control Bill in Nepal
Target :
Mr. Umakanta Chaudhary, Health Minister, Ministry of Health and Population, Government of Nepal
Mr. Subhas Nemwang, Speaker, Legislature Parliament, Constitutional Assembly
Honorable Mr. Kedar Nath Upadhyaya, Chairperson, National Human Rights Commission

Sponsor :
Non-Smokers' Rights Association of Nepal (NOSMORAN)

Context :
Despite passed the Tobacco Control Bill by Legislative Committee of the Constitutional Assembly Legislature Parliament; the Honorable Health Minister is delaying to submit such bill at Legislature Parliament House session for the last three months due to champion strategic tricks, tactics and influence of multinational tobacco companies and its tobacco allies and so far. Earlier, Ministry of Health had submitted the Tobacco Control Bill to the Constitutional Assembly Legislature Parliament Secretariat only after the Supreme Court Order and historic judgments on the writ petitions filed by Non-Smokers' Rights Association (NOSMORAN) in 2006 and 2007 respectively.

Subject of your message :
Delay and Derailing Tricks over Tobacco Control Bill in Nepal


Message :
Dear Sir/Madam,
 
We have no suitable words to express the thankfulness to the Government of Nepal (GON) to submit Tobacco Control Bill (TC) Bill in Constitutional Assembly Legislature Parliament (CALP) Secretariat dated January 3, 2010 honoring the Supreme Court’s benevolent Order dated October 21, 2009 on writ petition filed by Kathmandu-based Non-Smokers' Rights Association of Nepal (NOSMORAN); it’s the old Nepali ‘roka’ trick-stall proceedings, delay, delay, delay till you wear and end up in smoke. Almost 3-years old verdict of the highest court of the land cries in the air silently. The biggest blockbusters bopping over the TC Bill to nipped in the butt because we are worth it!
Earlier, Supreme Court Chief Justice Mr. Anup Raj Sharma issued an order to submit written response to Chief Secretary, Secretaries of GON; four national and multinational tobacco companies and two television channels' chief executives and/or chairman for their presence within 3-day of Court Order at the Supreme Court based on Court of Contempt filed jointly by NOSMORAN and its partner Pro-Public dated February 22, 2010 against serious violation on Supreme Court Orders of October 21, 2009 by GON and MTI
We welcome Supreme Court and NOSMORAN that first time in Nepal, Supreme Court issued a historic landmark judgments against Surya Nepal/BAT/ITC and Government of Nepal to ban immediately sponsorships of multinational tobacco companies and media for musical concerts/nights and cricket tournament dated October 21, 2009 by joint bench of Chief Justice Min Bahadur Rayamajhi and Justice Kalyan Shrestha on both writ petitions filed on February 2007 by NOSMORAN as an influenced legitimacy device for policy review and reform indeed.
 
The Dance of Death is continued. Despite issuing TWO landmark verdicts of the Court, Gorkha Lahari/PM sponsored Action Kings Cigarette Brand presented LIVE NEFTA KTV Film Award 2066 in Kantipur Television on December 16, 2009; Surya Nepal sponsored Surya Lights Cigarette Brand Rhythm Nites on December 11-19, 2009 in various cities; and Perfect Blends/KT&G of Chaudhary Group sponsored Josh Concert in Pokhara Exhibition Ground and LIVE from Nepal Television-2 to marketing new product, Josh Cigarette on January 16, 2010 by distributing free cigarettes among teens and youth inviting them to Kiss the Death.
 
Tobacco companies challenged against Court's order and conducted three events despite NOSMORAN and ProPublic joint petition letters to Managing Directors: Gorkha Lahari, Kantipur Television and Surya Nepal, Chairman, Chaudhary Group and General Manager, Nepal Television, Secretaries of GON to stop three sponsored programs. On behalf of NOSMORAN, Mr. Hom L. Shrestha, Tobacco Control Advocate exhibited a banner as symbolic protest highlighted "CONCERT: AGAINST SUPREME COURT'S JUDGEMENT AND VERDICT" in the Josh Concert Ground on January 16, 2010 imperiling his life for the social cause.  Thus, NOSMORAN and its partner ProPublic jointly filed a Court of Contempt in Supreme Court against multinational tobacco companies, TV channels and Government of Nepal dated February 22, 2010 which is still in hearing process in the Court.
 
We also welcome the Legislative Committee to pass Tobacco Control Bills 3-month earlier.  But, unfortunately, Honorable Health Minister has yet to show and proven seriousness political commitment and accountability to submit at the Constitutional Assembly Legislature Parliament House Session and sleeping over the 3-months old TC Bill. The delay what so far reasons is injurious to TC Bill causing delay to protect millions of children, non-smokers, and pregnant mother or women in Nepal.
 
Undoubtedly, it is getting delayed to pass the bill due to "champion" strategic tricks and influences of multinational tobacco companies and its tobacco allies indeed.  Hence, we are urged to Honorable Health Minister to submit the TC Bill immediately without further delays and influence of MTI at forthcoming Legislature Parliament Summer Session. Also, we have the honour to appeal Chief Whips of main 3-political parties (Nepali Congress, UML and UNCP Maoist) and Right Honorable Chairman of CALP for the IMMEDIATE endorsement and pass the historic TC Bill unanimously at the forthcoming Legislature Parliament House Summer Session.   Further delays or blockage to pass the TC Bill means support to put more teens and youth into "nicotine genocide" and tobacco epidemic in Nepal that never goes positive message from Nepal worldwide in the global tobacco control arena and such delays will put Nepal to shameful condition and giving very bad name internationally.
 
NOSMORAN had already submitted the petition letter to the Chairman of CALP and Chairperson to Legislative Committee dated February 26, 2010 to draw critical attention and concern on MTI strategic tactics, influences and interferences to derail and delay to pass the TC Bill by the CALP before the deadline of the Constitutional Parliament dated May 28, 2010 so far.
 
Also, NOSMORAN has submitted the petition letter to Minister of Tourism and Civil Aviation dated March 2, 2010 requesting to declare and arrange 100% smoke-free international and domestic airports, hospitality industries: hotel and restaurant and bars; religious and historical places, durbar squares, museum, archaeological sites and monuments, temples and other prestigious tourists places for the Nepal Tourism Year 2011 as most of tourists and their families and visitors come from smoke-free countries and cities in Asia-Pacific, Europe, Australia, North and South America, etc. to create image of Mt. Everest, Yeti and birthplace of Lord Buddha instead of Himalayan country of Marlboro indeed.     
 
The core purpose of the TC Bill is to reduce the preventable death toll of over 20 thousand peoples in Nepal every year due to tobacco smoking and smokeless tobacco-related diseases as well as tobacco related burden of diseases and death (economical, financial and social losses in family, society and nation) and daily life-adjusted life years (DALYs) lost; to protect 29.50 million population (41% population of children and adolescent up to aged 15) tobacco related chronic diseases and everyone's human right to breathe clean air; and protection of non-smokers and children from life threatened and deadly toxicant second-hand smoke and environmental tobacco smoke and to keep them away from becoming addicted to toxic tobacco and hence developing tobacco related disability, diseases and death.  There is no data or research on death due to exposure to secondhand smoke among infants, children, teens, youth, pregnant mothers, women and non-smokers.  Over 40% children and 85% youths are exposed to secondhand smoke in home alone due to parental tobacco smoking habit and 50% adolescents are exposed to secondhand smoke in public places. 
 
            There are 15 million youth below 25 years age; it’s almost 60% of the population who are the high-risk group when it comes to tobacco, alcohol, drugs use and HIV infection. Even we forget the rampant exposure to deadly toxicant secondhand smoke kills and people have a right not to subject their health to risk against their wishes.
 
We failed to understand the tragic gravity of the combined effect of poverty and tobacco killing us mercilessly. We fervently believe that without enforcement of strong tobacco control laws in Nepal, it would not be of a measure to prevent young teens and youth from "nicotine genocide" and "national catastrophic" among teen smoking in Nepal.
 
Based on the above evidences and facts, we as member of GlobaLink worldwide eagerly awaiting the tobacco control law passing by Legislature Parliament with a provision of 100% smoke free environment and 75% pictorial warning words ‘Kissing the Death’ in cigarette packs that have already passed by Legislative Committee and committed to enacting the tobacco control legislation in securing the standards of public health policies protecting people from critical health consequences of tobacco use and save millions of lives due to tobacco epidemic and death in Nepal.
 
 
Yours Truly,


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Past signatories (59 signatures)