Bhutan's Tobacco Control Act ( Dzongkh : འབྲུག་ གི་ ཏམ་ ཁུ་ དམ་ འཛིན་ བཅའ་ ཁྲིམས་ ཅན་) was passed by parliament on June 16, 2010. [1] The law prohibits the cultivation, collection, production and sale of tobacco and tobacco products in Bhutan . The law also obliges the Government of Bhutan to provide counseling and treatment to help stop tobacco use. Based on the physical health and well-being of the people of Bhutan, important elements of gross national happiness, the Tobacco Control Act recognizes the harmful effects of tobacco use and the effects of tobacco smoke on both spiritual and social health. [2]
Content
History
Long before the adoption of the Tobacco Control Act, the government of Bhutan fought against tobacco use. In 1916, the first king of Bhutan, Ugyen Wangchuk, announced a ban on "the dirtiest and most poisonous herb called tobacco." [2] However, the current Tobacco Control Act has led to controversy over severe penalties.
In January 2012, Parliament passed urgent amendments to significantly increase the allowable amount of tobacco and reduce fines, although sales and distribution are still prohibited.
Smoking Prohibition Laws
Tobacco use is not completely banned in Bhutan, although it is largely banned in public places. The Tobacco Control Act establishes non-smoking areas: markets, hotel lobbies, restaurants and bars; recreation centers such as discos, cinemas and playgrounds; institutions and offices, both public and private; social events and public places such as taxi rank and airport; all public transport; and any other places declared by the Tobacco Control Committee. [3] The committee also has the right to designate smoking areas in public places. The committee also has the right to designate smoking areas in public places. [four]
Smoking areas are allowed in hotels at the discretion of the patron. [5] [6] The act is imposed on a person who has the right to refuse.
Tobacco trade and commerce
The law prohibits the cultivation, production, supply and distribution of tobacco in Bhutan. [7] The law allows individuals to import tobacco and tobacco products. [eight]
The Act completely prohibits tobacco advertising, promotion and promotion of tobacco advertising. [9]
Education Measures empowers the Government of Bhutan to create smoking prevention agencies and a tobacco control strategy. However, the law also allows government research and tobacco control programs. [ten]
Law Enforcement
The Tobacco Control Act establishes two new government agencies to regulate tobacco use in Bhutan: the Tobacco Control Committee and the Tobacco Control Office.
Members of the Board and the Office simultaneously work in government drug control departments.
The Tobacco Control Committee is the same as the previous drug control committee in Bhutan, which is currently responsible for regulating and enforcing tobacco. [eleven]
Any changes to the law must be approved by the Tobacco Control Authority and other law enforcement agencies. [12]
The Act obligates the Tobacco Control Committee through the Tobacco Control. To this end, the law authorizes the government to promote affordable access to treatment, including pharmaceutical products. [13] The law also provides a procedural framework for the functioning of the council. [14]
The Bureau of Tobacco Control is occupied by the Bhutan Drug Control Agency and its Executive Director. [15]
Bhutanese Tobacco Policy
The implementation of the law is controlled by a number of state institutions: the Ministry of Health, the Ministry of Economy, the Ministry of Finance, the Ministry of Education, the Ministry of Culture, etc. [16]
Supporting government agencies such as the Royal Police of Bhutan, the Civil Society Organization and the Office of Road Safety and Transport. [17] [18]
Law Enforcement
The law also provides the material and procedural basis for enforcement. [19] If officials consider that they are allowed to enter and inspect public places. They are also authorized to stop and inspect cars on the road and inspect containers at checkpoints if they believe that the tobacco is inside.
Employees may also require proof of payment. According to the rules, employees also have the right to confiscate and destroy smuggling. [20]
Laws of the Criminal and Civil Codes
The law lists eight new offenses and related penalties, from fines to smoking. Fourth degree offenses are punishable by imprisonment for a term of three to five years. [21] [22] In addition, images of tobacco use in the media, except for health promotion, constitute a minor misconduct.
The law also provides for contextual restriction of speech. [23] Members of local and national governments generally supported the Tobacco Act. [24] [25]
Amendment
On September 4, 2011, Prime Minister Jigme Tinley announced at a press conference that his government would quickly pass an amendment to the Tobacco Act. The prime minister explained that the decision was based on the “pain and suffering” that this act caused after some arrests, adding that his government would consult with the National Council. [26]
In response, semi-nomadic communities in Merak and Saktenga along the porous Indian border near Arunachal Pradesh expressed support for the status quo or even facilitated their trade among the population.
In January 2012, Minister of Health Lionpo Zangli Drucke amended the debate in the National Assembly. [27]
In January 2012, Minister of Health Lionpo Zangli Drucke amended the debate in the National Assembly. Urgent legislation has been reviewed [28] and adopted almost unanimously. [29] [30]
Notes
- ↑ Bhutan's Tobacco Control Act .
- ↑ 1 2 Google Books . books.google.com Date of treatment July 14, 2019.
- ↑ Bhutan .
- ↑ Bhutanese acts .
- ↑ Prime minister's statement on tobacco case conviction | Bhutan Observer Newspaper - Bhutan news . web.archive.org (July 6, 2011). Date of treatment July 14, 2019.
- ↑ Monk gets three years for smuggling tobacco | Bhutan Observer Newspaper - Bhutan news . web.archive.org (April 16, 2011). Date of treatment July 14, 2019.
- ↑ Tobacco smugglers in Paro still at large | Bhutan Observer Newspaper - Bhutan news . web.archive.org (July 6, 2011). Date of treatment July 14, 2019.
- ↑ Bhutan Observer . web.archive.org (January 19, 2011). Date of treatment July 14, 2019.
- ↑ Balancing the Tobacco Act | Bhutan Observer Newspaper - Bhutan news . web.archive.org (October 7, 2011). Date of treatment July 14, 2019.
- ↑ Legislation of Bhutan .
- ↑ Laws of Bhutan .
- ↑ Amendments of act .
- ↑ Bhutanese government .
- ↑ Tobacco in Bhutan .
- ↑ Bhutanese act on tobacco .
- ↑ Laws in Bhutan .
- ↑ Legislation in Bhutan .
- ↑ Tobacco Control Act .
- ↑ An 81-year-old man from Dagana ... | Bhutan Observer Newspaper - Bhutan news . web.archive.org (November 19, 2011). Date of treatment July 14, 2019.
- ↑ Arrested smuggling tobacco | Bhutan Observer Newspaper - Bhutan news . web.archive.org (October 28, 2011). Date of treatment July 14, 2019.
- ↑ Bhutanese acts .
- ↑ Articles about Bhutan .
- ↑ Putting the debate in perspective .
- ↑ Tobacco act .
- ↑ Gups say tobacco control act should not be amended | Bhutan Observer Newspaper - Bhutan news . web.archive.org (July 13, 2011). Date of treatment July 14, 2019.
- ↑ Tobacco acts in Bhutan .
- ↑ Five Bills introduced for debates in NA | Bhutan Observer Newspaper - Bhutan news . web.archive.org (January 22, 2012). Date of treatment July 14, 2019.
- ↑ Bhutanese acts on tobacco . (inaccessible link)
- ↑ Law on the Prohibition of Smoking . (inaccessible link)
- ↑ Tobacco production in Bhutan .