Despite the fact that these Acts, Regulations, and Directives have been in place for more than a decade, effective implementation of the law has always been a key challenge in Nepal, and as a result, Nepal is witnessing an increasing number of tobacco users, tobacco-related disease, and deaths. The poor implementation of tobacco control legislation may signify the strong influence, and interferences of the tobacco industry to block, delay and weaken the tobacco control regulations in Nepal.
The WHO FCTC Article 5.3 aims to protect tobacco control measures from commercial and other vested interests of TIs and provide the guidelines to counter tobacco industry interferences. Furthermore, article 13 recommends banning all sorts of tobacco advertisement, promotion, and sponsorship as well as other CSR-related activities of the tobacco industry. Similarly, Article 20.6 and Article 22.1 of Nepal’s Tobacco Product (Control and Regulatory) Directives, 2014 stop government officials from accepting any kind of financial support from TIs and prohibit us from CSR activities. However, TI in Nepal is utterly undermining the tobacco control regulations. Moreover, the government has remained inactive in identifying, monitoring, and blocking TI’s interference in policy implementation. Instead, TIs are provided honored with the highest taxpayer award and welcomed on the red carpet which provides TIs a comfortable platform to exploit even more profits.
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Indeed, a well-planned, managed, and ethical corporate social responsibility has become a significant part of any business organizations apart from ensuring quality products and profits/wealth maximization. There are different schools of thoughts that perceive CSR from different point of views. Although, there is never ending debate regarding the existence of CRS in corporate world (profit driven CSR), it is fact that several business organizations across the globe practice CRS activities to uniquely position themselves in the society. However, it is scientifically proven that tobacco products are addictive, cause disease and death and give rise to a variety of social ills, including increased poverty1. All sorts of tobacco products are lethal, although these products are legal. Hence, tobacco products, in terms of corporate social responsibility, cannot be compared or placed in the categories of other consumer products. As tobacco industry creates much harm in the society it can be considered as socially irresponsible industry.
Nepal signed the WHO FCTC on 3rd December 2003, ratified on 7th November 2006, and became a party to the WHO FCTC on February 5, 2007.2 WHO FCTC article 5.3 recommends parties to protect public health policies from commercial and other vested interests of tobacco industry that have adverse impact on tobacco control laws. Furthermore, article 13 recommends for banning all sorts of tobacco advertisement, promotion and sponsorship as well as other CSR related activities of tobacco industry.
On the basis of WHO FCTC guidelines, the government of Nepal formulated and passed tobacco control law in Nepal to regulate and reduce tobacco consumptions and to protect people’s health. The Tobacco Product (Control and Regulatory) Act 2011 is the main law governing tobacco control in Nepal with mandatory 90% pictorial health warnings on all tobacco products, ban on sale of tobacco to minors and pregnant women, and complete TAPS ban. However, Surya Nepal Pvt. Ltd., a major tobacco industry in Nepal has been undermining the exiting tobacco control law through different tactics that range from sponsoring games to donating fund to government officials for combating COVID 19 to supplying tobacco products in the market with only 75% PHW etc.
Recently, Surya Nepal had offered Prof. Dr. Bhagawan Koirala and his team donation of 50 million rupees in the name of corporate social responsibility (CSR) for building Kathmandu Institute of Children’s Hospital (KIOCH). On Friday, 23rd April 2021 the agreement was supposed to be signed by both parties. Meanwhile, Mr. Ananda Bahadur Chand (Chairperson of Action Nepal) led group of media and NGOs held a press meet to aware, warn, and build pressure on Prof. Dr. Koirala and his team to reject the donation as accepting donations from Tobacco Industry for building children’s hospital would be completely against the tobacco control law. Six representatives from different NGOs and more than ten media persons participated in the meet.
Action Nepal’s Role in Preventing and countering TI’s Interference in Nepal
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