Foreign relations of Bhutan

Bhutan has diplomatic relations with 25 states, and with the European Union.[1] In 1971, sponsored by India, Bhutan began to develop its foreign relations by joining the UN, though it has no diplomatic relations with any of the permanent members on the UN Security Council. In 1981, Bhutan joined the International Monetary Fund and World Bank, followed by theWorld Health Organization and UNESCO in 1982. It is also an active member of SAARC. Bhutan is currently a member of 45 international organizations.[2] Under Article 20 of the Constitution of Bhutan enacted in 2008, Bhutan's foreign relations fall under the purview of the Druk Gyalpo on the advice of the Executive, namely the Prime Minister and other Ministers of the Lhengye Zhungtshog including the Minister of Foreign Affairs.[3]

India
Historically, ties with India have been close. Both countries signed a first ever Friendship treaty in 1865 between Bhutan and British India. However, when Bhutan became a monarchy, British India was the first country to recognize it and renewed the treaty in 1910. Bhutan was the first country to recognize Indian independence and renewed the age old treaty with the new government in 1949, including a clause that India would assist Bhutan in foreign relations. On February 8, 2007, the Indo-Bhutan Friendship Treaty[4] was substantially revised under the Bhutanese King, Jigme Khesar Namgyel Wangchuck. In the Treaty of 1949 Article 2 read as "The Government of India undertakes to exercise no interference in the internal administration of Bhutan. On its part the Government of Bhutan agrees to be guided by the advice of the Government of India in regard to its external relations." [5] In the revised treaty this now reads as, "In keeping with the abiding ties of close friendship and cooperation between Bhutan and India, the Government of the Kingdom of Bhutan and the Government of the Republic of India shall cooperate closely with each other on issues relating to their national interests. Neither government shall allow the use of its territory for activities harmful to the national security and interest of the other." The revised treaty also includes in it the preamble "Reaffirming their respect for each other's independence, sovereignty and territorial integrity", an element that was absent in the earlier version. The Indo-Bhutan Friendship Treaty of 2007 strengthens Bhutan's status as an independent and sovereign nation. There also exists bi-lateral agreement between Bhutanese and Indian Government where-in citizens of both nations can travel freely in other country without passport and visa.

People's Republic of China

Main article: Bhutan-People's Republic of China relations

Bhutan has no diplomatic relations with its northern neighbor, the People's Republic of China. The border between Bhutan and China has been closed since theinvasion of Tibet in 1959, causing an influx of refugees. The border also remains undelineated; in 1961 China published a map that altered the traditional border. Tensions have since lessened, especially after the signing of a 1998 agreement on border peace and tranquility, the first bilateral agreement between China and Bhutan. Despite the lack of formal diplomatic relations, Bhutan has also maintained an Honorary Consul in Macau since 2000 and Hong Kong since 2004. In late 2005, Bhutan claimed that Chinese soldiers were building roads and bridges within Bhutanese territory. Bhutanese Foreign Minister Khandu Wangchuk took up the matter with Chinese authorities after the issue was raised in the Bhutanese parliament. In response, Foreign Ministry spokesman Qin Gang of the People's Republic of China has said that the border remains in dispute and that the two sides are continuing to work for a peaceful and cordial resolution of the dispute.[6] The Bhutanese newspaper Kuensel has said that China might use the roads to further Chinese claims along the border. [7]

Nepal
Main article: Bhutan-Nepal relations Nepal and Bhutan established relations in 1983. However since 1992, relations with Nepal have been tense due to the repatriation of refugees from Bhutan.[8]

Bangladesh
Main article: Bangladesh-Bhutan relations Bangladesh is one of only two nations (the other is India) to have a residential embassy in Bhutan. The relationship between Bhutan and Bangladesh has always been positive since 1971 when the Bhutan became the first country to recognize Bangladesh after it gained independence from Pakistan. Both Bhutan and Nepal see Bangladesh as a means to access the ocean and an opportunity to be lessen dependence on India and China.

Other countries
Bhutan maintains diplomatic relations with nine European nations: Austria; Belgium; Denmark; Finland; the Netherlands; Norway; Spain (with whom it established relations in February 2011[9]);Sweden; and Switzerland, which form the "Friends of Bhutan" group, along with Japan, which contributes towards development projects in Bhutan. In addition to Bangladesh, India, Japan and Nepal, Bhutan maintains diplomatic relations with nine other Asian nations: Afghanistan; Bahrain; Kuwait; the Maldives; Pakistan; Singapore; South Korea;Sri Lanka; and Thailand, as well as with Australia, Brazil and Canada. Other countries, such as the United States and the United Kingdom, have no formal diplomatic relations with Bhutan, but

maintain informal contact through their respective embassies in New Delhi and Bhutanese honorary consulates in London and Washington, D.C.[10]

Transnational issues
Bhutan has relations with other nations based on transnational issues. Among these issues are extradition, terrorism, and refugees. To a limited extent, Bhutanese law provides frameworks for cooperation with countries with which Bhutan has no formal mission.

Extradition
Bhutan has a legislated policy on extradition of criminals, both to and from the kingdom. Any nation, with or without formal relations, may request the extradition of fugitives who abscond to Bhutan. The Extradition Act requires nations to provide "all relevant evidence and information" about the accused, after which the Royal Government may in its discretion refer the matter to the High Court of Bhutan. The Court may then issue a summons or warrant, conduct an inquiry, and collect evidence, holding the accused for a maximum of 30 days. Alternatively, the Royal Government may refer the matter to the courts for trial within Bhutan. Bhutan imposes punishments for offenses committed in treaty states generally, and for offenses in other states resulting in return to Bhutan. Offenses are weighed according to gravity, determined by a schedule and two-part test: extraditable offenses are those enumerated (including murder, theft, forgery, and smuggling), or which in Bhutan would be punished by a prison term exceeding twelve months.[11] All felonies in Bhutan are punishable by a minimum of three years' imprisonment.[12] Bhutan will refuse requests for extradition if the Royal Government or its courts determine the person is accused of a political offense.[11]

International terrorism
Bhutan cooperates with India to expel Indian Nagaland separatists; lacking any treaty describing the boundary, Bhutan and China continue negotiations to establish a common boundary alignment to resolve territorial disputes arising from substantial cartographic discrepancies, the largest of which lie in Bhutan's northwest and along the Chumbi salient.

Refugee resettlement
Main article: Bhutanese refugees The U.S. has offered to resettle 60,000 of the 107,000 Bhutanese refugees of Nepalese origin now living in seven U.N. refugee camps in southeastern Nepal. Six other nationsAustralia, Canada, Norway, Netherlands, New Zealand and Denmarkhave offered to resettle 10,000 each.[13] Other countries also operate resettlement programs in the camps. [14] Norway has already settled 200 Bhutanese refugees, and Canada has agreed to accept up to 5,000 through to 2012.

The National Council (NC) once again rejected the idea of state funding to political parties yesterday. In an in-house debate, the NC members did make a last-ditch concession. They said that should the need for such a funding be really dire, then a national multispectral committee must be formed to review the situation and make recommendations within the framework of the constitution and electoral laws. The National Council first objected to the idea of state funding in 2008 while discussing the Budget and Appropriation Bill. The Good Governance Committee Chairperson of NC, MP Sangay Khandu, said that following the debate on June 14, a 12-member committee was formed to discuss the issue at length. The committee decided that state funding for political parties must be considered only if there is an inevitable reason to do so, he said. The NCs overwhelming objection has been that state funding is unconstitutional. Article 15 of the constitution states that a political party shall not accept money or any assistance other than those contributions made by its registered members. Whether state funding to political parties is constitutional or unconstitutional should be decided by the Supreme Court of Bhutan, said MP Sangay Khandu. However, after an elaborate discussion, the members of the NC decided to form a national level committee to study the matter in detail and submit a report in the next session of parliament. Sarpang MP Karma Donnen Wangdi said state funding for political parties already exists, as during the general election the funds are provided by state for campaigns. Some members expressed concerns that non-availability of state funding could lead to corrupt practices by the political parties. MP Kuenley Tshering said with the Anti-Corruption Act in place any corruption within a political party will be taken care of. If political parties resort to corrupt practices in the absence of state funding they will continue to be corrupt even if they are given state support. Bumthang MP Tshewang Jurmi said that state funding is unconstitutional, and if most members of the NC see it that way then it is definite the NC cannot support the idea. In 2008, the National Assembly discussed the National Budget Report and the Budget and Appropriation Bill for the financial year 2008-2009 where the idea of state funding to the two existing political parties was mentioned. A separate budget was even identified for the purpose. The NC then reviewed the bill for three days from June 30 to July 2, 2008. During the discussion, the Nu 30 million annual state funding for the two political parties, which was reflected in the Budget Report, was objected to by the National Council.

A lengthy deliberation on the subject was held soon afterward. And since the move was contradictory to article 15 of the constitution, parliament decided that the political parties would not be provided with state funding. The NC deputy chairperson, MP Sonam Kinga (PhD), said the issue of whether the state funding of political parties after elections is constitutional or not has been resolved in the first session of parliament. The parliament decided that it was unconstitutional. Later the honourable speaker submitted a note sheet to His Majesty the King stating that state funding has been withdrawn on constitutional grounds, he said. What was unconstitutional three years ago cannot be constitutional today because neither has the constitution been amended nor the MPs who promulgated that constitution been changed. He added that it is important to consider whether the constitution should be dishonoured in the name of the current situation of the political parties or the constitution should take precedence over the financial situation of the parties. Supporting MP Sonam Kingas statement, Zhemgang MP Pema Lhamo said it is too early to amend the constitution because we are the same group of people who passed it three years ago. The idea of state funding was mooted with the objective that the funds would help maintain the huge party machineries. Presenting the first annual report to the third session of the first parliament, Lyonchen Jigmi Y Thinley said that without the party machinery in operation among the people there is no structure for grassroots participation in governance. The prime minister made his case for state funding. In the note sheet submitted to His Majesty the King by the National Assembly Speaker Jigme Tshultim on August 8, 2008, it was stated that the NA dropped the idea of state funding for political parties and accordingly the mention of the fund was deleted from the annual budget. During the joint sitting of parliament on July 28, 2008, the subjects of state funding for political parties and Constituency Development Grant were again deliberated. It was informed to the house that the National Assembly had agreed to withdraw state funding on constitutional grounds. But then, the debate has persisted at various levels. With the two existing political parties complaining of imminent bankruptcy, the romantic idea that the state should subsidize the two political parties has been debated time and again. By Namgay Tshering & Tandin Pem

Tobacco Control Act of Bhutan 2010

5

From Wikipedia, the free encyclopedia

The Tobacco Control Act of Bhutan (Dzongkha:

; Wylie: 'brug-gi tam-khu dam-'dzin

bca'-khrims can-ma) was enacted by parliament on June 16, 2010.[1][nb 1] It regulates tobacco and tobacco products, banning the cultivation, harvesting, production, and sale of tobacco and tobacco products in Bhutan. The Act also mandates that the government of Bhutan provide counseling and treatment to facilitate tobacco cessation. Premised on the physical health and well being of the Bhutanese people important elements of Gross National Happiness the Tobacco Control Act recognizes the harmful effects of tobacco consumption and exposure to tobacco smoke on both spiritual and social health.[nb 2] Long before the enactment of the Tobacco Control Act, Bhutan's government had struggled against tobacco use. In 1916, the first King of Bhutan Ugyen Wangchuck promulgated a ban on the "most filthy and noxious herb, called tobacco."[2]
Contents
[hide]

1 No smoking laws 2 Trade and commerce of tobacco products 3 Enforcement agencies 4 Enforcement laws 5 Enforcement practices and controversy 6 See also 7 Notes 8 References

[edit]No

smoking laws

The consumption of tobacco is not altogether prohibited in Bhutan, though it is largely banned in places of public accommodation. The Act largely targets smoking in particular, though any form of tobacco is subject to the Act. The Tobacco Control Act establishes non-smoking areas: commercial centers including markets, hotel lobbies, restaurants, and bars; recreation centers such as discotheques, cinemas, and playing fields; institutions and offices, both public and private; public gatherings and public spaces such as festivals, taxi stands, and the airport; all public transportation; and any other places declared by the Tobacco Control Board.[nb 3] The Board also has the authority to designate smoking areas in public otherwise. [nb 4] Smoking areas are permitted in non-public areas of hotels (i.e., smoking floors or smoking rooms) at the discretion of the patron.[nb 5]

The Act imposes a duty on persons in charge of these areas of public accommodation to display signs prohibiting smoking, demand smokers cease, report offenders who refuse to the police, and comply with inspections.[nb 6]

[edit]Trade

and commerce of tobacco products

The Act prohibits the cultivation, harvest, manufacture, supply, and distribution of tobacco, as well as the manufacture, supply, distribution, sale, and purchase of tobacco products within Bhutan.[nb 7] The Act allows individuals to import tobacco and tobacco products for personal consumption according to limits set by the Tobacco Control Board subject to duties and taxes it imposes. Those who bring their own tobacco or tobacco products into Bhutan must bear proof of taxation, may only bring goods that display required health warnings, and must not bring goods that promote tobacco by means that are false, misleading, or likely to create an erroneous impression about its characteristics, health effects, or hazards. [nb 8] (Cf. descriptors such as "light" or "mild") The Act thoroughly prohibits tobacco advertisement, promotion and sponsorship, restricting the appearance of tobacco in domestic videos and movies to educational clips produced for the purpose of health promotion. [nb 9] The Act's chapter on "Educational Measures" authorizes the government of Bhutan to form agencies in order to promote health awareness, prevent smoking in non-smokers, and strategize tobacco control. In conjunction, the Act also authorizes programs for government research and surveillance of tobacco use.[nb 10]

[edit]Enforcement

agencies

The Tobacco Control Act establishes two new government institutions to regulate tobacco use in Bhutan: the Tobacco Control Board and the Tobacco Control Office. The members of both the Board and the Office serve concurrently in government anti-narcotics offices. The Tobacco Control Board is the same body as the preexisting Bhutan Narcotic Control Board, now charged with regulating tobacco and enforcing that regulation under the Act. The Board provides guidance and direction to the tobacco Control Office and other law enforcement agencies regarding tobacco law enforcement and is permitted to propose amendments to parliament on the Tobacco Control Act itself.[nb 11] Any amendments to the Act must be approved by a simple majority in both the National Council and National Assembly, or by at least two-thirds of a quorum of parliament, and the amendments must not undermine the Bhutan Narcotic Control Agency.[nb 12] The Act mandates the Tobacco Control Board, through the Tobacco Control Office, to provide cessation programs in health facilities and to work with rehabilitation centers in diagnosing and counseling tobacco dependence. To this end, the Act authorizes the government to facilitate affordable access to treatment,

including pharmaceutical products.[nb 13] The Act further provides a procedural framework for the functioning of the Board. [nb 14] The Tobacco Control Office is occupied by the Bhutan Narcotic Control Agency and headed by its executive director. The Office acts as the agent of the Board responsible for coordinating most of the actual implementation of Bhutan's tobacco policy.[nb 15] The Act tasks other government institutions and agencies with implementing its terms and the rules promulgated by the Tobacco Control Board. The Ministry of Health, Ministry of Economic Affairs, Ministry of Finance, Ministry of Education, and Ministry of Home and Cultural Affairs are all responsible for implementing the laws in the Act and the policies of the Board in specified arenas.[nb 16]Ancillary government institutions, such as the Royal Bhutan Police, the Civil Society Organization, and the Road Safety and Transport Authority are also authorized with enforcement and coordinating awareness on tobacco control.[nb 17] Likewise, locallevel Thromdes (municipal governments) are also to coordinate and conduct awareness programs on tobacco control.[nb 18]

[edit]Enforcement

laws

Further information: Law enforcement in Bhutan, Royal Bhutan Police, and Judicial system of Bhutan The Act also provides a substantive and procedural framework for enforcement by authorized officers of the above government bodies.[nb 19] If officers believe there is tobacco within, they are authorized to enter and inspect public and business places, and any place pursuant to a search warrant, at any reasonable time. They are also authorized to stop and inspect vehicles on the road and examine containers at checkpoints if they believe tobacco is inside. Officers may also demand proof of tax and duty payment at any reasonable time. According to regulations established by the Board, officers are also empowered to confiscate and destroy contraband.[nb 20] The powers of confiscation, search and seizure are subject to the provisions of the Penal Code and the Civil and Criminal Code.[nb 21] The Act lists eight new offenses and corresponding penalties, ranging from fines for smoking in non-smoking areas to fourth-degree (lowest degree) felony charges for smuggling. Fourth-degree felonies are punishable by imprisonment for three to five years.[3]: 11 Anyone in possession of more tobacco than the import limit is guilty (strictly liable) of smuggling. Those caught selling tobacco in Bhutan receive reduced sentences if their crime is mitigated by disclosing the tobacco's source to authorities.[nb 22] In addition, depictions of tobacco use in motion media other than for health promotion constitute a petty misdemeanor; as such, the Act also provides for a content-based restriction on speech.[nb 23]

[edit]Enforcement

practices and controversy

In practice, enforcement has resulted in some high profile cas Home

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Bhutan Steps up Draconian Tobacco Laws

Jan 11th, 2011 by Will

If I told you I wasnt one to complain about tobacco legislation, Id be blatantly lying. I get angry over every third or fourth article I read when I search cigar

or

tobacco on Google News, and Ive

written my fair share of entries about nannies and such. But every time I read one like this, I realize that the U.S. doesnt have it that badneither do a lot of other countries. Bhutan is a small country south of China and northeast of India, and is the first country in the world to outlaw the sale of tobacco products. Private smoking is allowed, but citizens are only allowed to import 200 cigarettes or 150 grams of other tobacco products per monththe average cigar is about 12 grams, so that would allow for about 12 cigars per month. To make matters worse, the government passed some new legislation this year that allows police to raid peoples homes in search of tobacco products. Theyve even gone as far as to train a special tobacco-sniffing dog to help them find tobacco stashes. Shopkeepers who sell tobacco and private citizens who fail to provide customs receipts face up to five years in prison. And this legislation didnt exactly squeak byonly 4 of the 65 voting members of parliament opposed it. Needless to say, people arent happy about the new laws. Bhutans largest selling newspaper, Keunsel, had this to say in an editorial: When it comes to the penalties in the tobacco control act, it is, in every sense of the word, draconian. We couldnt agree more.

10

Opposition leader Tshering Tobgay wrote about the new laws in his popular blog. Its a new year. And I have a new years wish: that the first person to be caught and jailed under the Tobacco Control Act is a member of parliament, he wrote. Prime Minister Jigmi Y. Thinley said the law was passed in the collective wisdom of the members of parliament. He added, In many ways it is no different from psychotropic drugs, for which the penalty in certain countries is death. Im going to point out just two of the things that are wrong with that sentence. First of all, tobacco is very obviously separate from the aforementioned psychotropic drugs. People smoke cigars because they taste good, not because they get you high. And think about ithas anyone ever taken acid because it tastes good? Not that Ive ever heard of. Second off, is he suggesting that the new law is justified because, hey, at least were not executing people? This story gives a new meaning to the term nanny state. So whenever I have to go outside to light a stogie, while Im not excited to stand in the cold, Ill at least appreciate that the cops cant raid my house looking for undeclared stogies or throw me in jail for buying a box of cigars. Yet.
Tags: bhutan,

Many MPs say they will not want the Tobacco Control Act 2010 amended in the upcoming session of parliament. Fourteen MPs and two ministers responded to an in-house survey conducted by Bhutan Observer following the recent debates on the act. In keeping with the legislative procedures of the nation, the Tobacco Control Act can be considered for amendment only after the mandatory one year period is over, said the works and human settlement minister, Lyonpo Yeshey Zimba. Some said they are receiving calls and petitions from their constituents asking them not to amend the act. An MP said the Tobacco Act is a perfect piece of legislation for people from all walks of life. Its only a small section of people that is making noise over the act and calling for amendment, said an MP. We need to respect the majority. MP Dupthob of Trashiyangtse said it is only natural for any law to be amended in the course of time. He said the Tobacco Act has more of emotional support. In principle, it is wrong to amend a law based on emotions, he said, adding he doesnt support an 11

immediate amendment to the Tobacco Act. MP Ugyen Dorji of Samdrup Jongkhar also spoke in favour of the act. He said a law that receives resistance in the beginning might turn out to be a success in the end. MP Sonam Jamtsho of Dagana said the act must not be amended because it is for the welfare of the Bhutanese people, present and future. The opposition party proposed that a bill to amend the Tobacco Control Act be considered but was rejected based on Section 193 of the National Assembly Act, which states that when a bill has been passed or has been rejected during a session in any year, no bill of the same substance may be introduced in the assembly in that year except by leave of the assembly. When the opposition leader posted a question on facebook, What must the National Assembly discuss during the coming session?, more than 250 people said the penalty for violation of the tobacco law must be discussed. Recently, a group of people submitted a petition signed by some 700 individuals asking for amendment of the Tobacco Act. The petition was submitted to the prime minister, with copies to the Speaker of the National Assembly, Chairperson of the National Council, and the Opposition Leader. However, Kinley Tshering, who went with the copies of the petition, was reportedly rebuffed. I was told that I should get the citizenship identity card numbers of those who signed the petition, said Kinley Tshering, adding the call was from the office of the National Assembly speaker. An active member of the group Amend the Tobacco Control Act said they are not against the law but are concerned about the penalties. They say the punishment is too harsh for the crime. The Tobacco Control Act was passed by Parliament in June last year. Of the 65 MPs present, only four voted against it. The sale of tobacco products was banned on December 17, 2004. The 82nd session of the National Assembly passed the resolution banning the sale of tobacco products throughout the country following which the then trade and industry ministry issued a notification in November 2004 banning the sale of tobacco products with effect from December 17. However, there was no parallel penalty framework for people breaching the ban. The health ministry initiated various anti-tobacco activities with support from the World Health Organization. By Tandin Pem

12

7 Responses to MPs say NO to Tobacco Act amendment

1.

doopo says:
May 6, 2011 at 2:41 pm

As Bhutan is democratic country, respecting view and opinion of majority is very must. Since majority of Mps and people want the tobacco control act 2010 to be amended, their opinion must be considered
Reply

2.

SONAM says:
May 8, 2011 at 9:39 pm

With the change of time, the law should be considered but their should be base on wich the panelty should be impossed. Among the 72 MP,s only 4 voted agaings the tobacco act and who could be the 4 MPs. I am sure it is non other than 2 opposition MP and 2 well educated MPs. So i do not mean that i am againt the Law but the the punishment should be clearly rediscussed. The People do not demand for the law to be rid off but wanted to fairly disscuss of the panelty which the people finds very harsh. What ever is so, smokers still smokes and how difficult it is to chase after wealthy people who enjoys the smoke paying taxes which is not much effect on them. Cheers All Mps.
Reply

Garab Wangchuk says:

May 9, 2011 at 2:59 pm

It is crystal clear that the Bhutanese voices have been heard by the MPs representing their 13

various constituencies.When almost 75% of the population is in favor of he Act how Democratic can a Government get!Here I pledge to the Government and the Nation at large to please support the Act which majority of Bhutanese are in favor of.Every Nation of any form of Government has their own sovereignty to make their own Laws.
Reply

3.

dorjee says:
May 9, 2011 at 4:40 pm

its more than enough we are happy with present law so no need to amend la,,,
Reply

4.

lek shed says:

May 15, 2011 at 2:06 pm

.from my opinion it is xtremely good with present system of tobacco act.Frankly speaking our villagers has known that it is not at all good to take tobacco in any form: they are well informed by various media,educated sons and daughters although far way for studies,etc. i enjoyed hearing someone unknown next to me in bus saying among themi left it a few weeks ago.,last year,planning to quit it ,i heard we should quit ,actually its not good to take,lets go to lhakhang next sunday,ok ?,ummmm.its somewhat painful to leave it, still than i will,etc.
Reply

5.

lekpel says:
May 15, 2011 at 6:14 pm

a very nice sentence above:He said a law that receives resistance in the beginning might turn out to be a success in the end ,Thats really true.
Reply

6.

CHeErriO!! says:
May 16, 2011 at 1:35 am

To make an unseen future brighter and more clean- the act is very promising for a Happier

14

future.

es,[4][5][6][7] however at least one citizen has complained publicly that enforcement is spotty and arbitrary.[8] Another has come forth to highlight the disparate treatment among classes and of tobacco among other addictive habits widespread in Bhutan such as ara, doma, ema-datshi and phak sha sikam, and to decry that tobacco possession in Bhutan could be punished with the same sentence as for rape of the elderly.[9] Most notably, a 23-year old ordained monk named Sonam Tshering from Langpa in Haa was caught on January 24, 2011 with 480 grams of chewing tobacco[10] (purchased for Nu.120) en route fromPhuentsholing to Thimphu. This was the first such prosecution under the Tobacco Control Act. A private individual informed the police that Tshering possessed tobacco. Under current customs schedules, a tax of 100 percent was levied on tobacco from India, and 200 percent on tobacco from all other countries of origin, with a maximum of 150 grams of tobacco per month. Although Tshering revealed the source of his tobacco, to mitigate and qualify his offense as a misdemeanor, he failed to identify the location and supplier of the tobacco, apparently somewhere in the border town ofJaigaon. He was thus convicted of a felony, whose minimum sentence is three years. Although the Constitution of Bhutan guarantees all persons the right to be represented by a jabmi (attorney), the Thimphu District Court closed the case before any jabmi offered his services. The Court convicted Tshering of smuggling and sentenced him to for smuggling under the Tobacco Control Act. [6] In the ensuing controversy, the Prime Minister of Bhutan Lyonpo Jigme Thinley issued statements that Tshering's case had been "blown out of proportion," while sympathizing with those who felt the severity of the sentence was incongruent to the offense committed. The Prime Minister pointed out that the legislation was a product of Bhutan's modern bicameral parliamentary and democratic process, having been debated in both the National Assembly and National Council, and assented by the Royal Government. With the truism that no law is perfect, he invited the public to amend the Tobacco Control Act peacefully under the new Bhutanese democratic process.[5][11] Sonam Tshering has since appealed the District Court ruling to the High Court of Bhutan, for which has retained a private attorney.[10][12] The Bhutan Observer editor has questioned the constitutionality of the Tobacco Control Act and its enforcement in view of the harshness of the sentence.[13] In early March 2011, a high-profile incident at Paro Airport has resulted in the arrests of the Royal Bhutan Army constable, officer and aircraft engineer allegedly involved in importing a carton of 555 cigarettes without paying tax at the Paro Airport. Constable Tshering Jamtsho and Captain Sonam Tshewang were officially handed over to police by the royal Bhutan Army, while police arrested aircraft engineer Chogyal Gyeltshen separately. Customs agents had caught Constable Jamtsho with some 200 cigarettes, who alleged they were purchased by the aircraft engineer for a Major Karma Dorji. The Bhutanese Customs authorities investigated the affair for 51 hours before issuing arrest warrants; further investigation was begun by the Royal Bhutan

15

Police, however the police expressed their refusal to investigate the matter until it was referred to them, despite the legal requirement that matters be brought to the attention of the police within 24 hours. [7][14][15] Because the arrests were not immediate, the affair is somewhat controversial.[16] Less than two days later, on March 7, 2011, another tip-off at Paro Airport resulted in the arrest of two female keepers of different shops in possession of about 200 cigarettes (19 packets) and 11 packets of chewing tobacco ("baba") in total. Upon arrest and interrogation of the first shopkeeper, police learned her source was the second; the second disclosed her source to police.[17] On that information, police arrested a 39-year old bus driver at the Chunzom checkpost. [18] Another arrest in Phuentsholing in late March 2011 allegedly produced a network of apparently unwitting transporters of tobacco products worth Nu.45,000 in a consignment passing through Jaigaon. The activities were traced to a businesswoman based in Thimphu.[19] The controversy of tobacco laws and the reach of government has touched even the Bhutanese media. In late March 2011, the Royal Bhutan Police sued a 28-year old former employee of the Bhutan Media Service in Thimphu for spreading rumors that police had raided one of the media houses earlier in March 2011 on a tobacco-related pretext. The rumor was characterized as a joke and a hoax. According to police, the accused had confessed to spreading unfounded rumors that the police had visited Bhutan Media Services offices warning them not to smoke, and that employees would be arrested if caught. This provoked public outrage, prompting outcries in news opinion columns. Police, through Kuensel, stated that "police was referred to as blue dogs encroaching into private space and waiting for crime to happen. We were blamed for no reason and encroaching is a strong word." The incident resulted in the termination of the employee. [20] Although some Bhutanese have decried the Tobacco Control Act as draconian, the subject has remained open to debate. Members of Parliament report variously that they have received no input or that their constituents held favorable opinion on the law. Most vigorous debate continues in urban areas. The Bhutanese public seems convinced, however, that threats to health and happiness from tobacco pale in comparison to alcohol and drugs.[9][21] Members of local and national governments, however, generally support the Tobacco Control Act as it was enacted and oppose any amendments especially before the expiration of a mandatory one-year wait.[22][23]

Tobacco Control Act of Bhutan 2010

From Wikipedia, the free encyclopedia

16

The Tobacco Control Act of Bhutan (Dzongkha:

; Wylie: 'brug-gi tam-khu dam-'dzin

bca'-khrims can-ma) was enacted by parliament on June 16, 2010.[1][nb 1] It regulates tobacco and tobacco products, banning the cultivation, harvesting, production, and sale of tobacco and tobacco products in Bhutan. The Act also mandates that the government of Bhutan provide counseling and treatment to facilitate tobacco cessation. Premised on the physical health and well being of the Bhutanese people important elements of Gross National Happiness the Tobacco Control Act recognizes the harmful effects of tobacco consumption and exposure to tobacco smoke on both spiritual and social health.[nb 2] Long before the enactment of the Tobacco Control Act, Bhutan's government had struggled against tobacco use. In 1916, the first King of Bhutan Ugyen Wangchuck promulgated a ban on the "most filthy and noxious herb, called tobacco."[2]

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BHUTAN ANTI-TOBACCO ACT; BUDDHIST MONK FIRST TO BE CHARGED

POSTED BY SONAM ONGMO AT SATURDAY, JANUARY 29, 2011 LABELS: BHUTAN TOBACCO ACT

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SO, THE FIRST VICTIM OR VIOLATOR, DEPENDING ON WHICH WAY YOU LOOK AT IT, OF THE BHUTAN ANTI-TOBACCO ACT IS NONE OTHER THAN A BUDDHIST MONK!! ACCORDING TO KUENSEL AND REUTERS THE POOR MONK HAD BOUGHT 72 PACKETS OF CHEWING TOBACCO FROM THE INDIAN BORDER TOWN OF PHUNTSOLING. I WOULD LIKE TO SAY HATS OFF TO HIM BECAUSE HE HAS INVOLUNTARILY PROVEN TO US THAT WHILE BHUTAN TRIES TO BUILD UP THIS IMAGE OF SHANGRILA AND GNH THROUGH ITS DRACONIAN LAWS, THE TRUTH IS THAT WE WERE, IN MANY WAYS, A SHANGRI-LA OF SORTS EVEN WITHOUT THEM. A SHANGRI-LA WHERE EVEN OUR MONKS WERE FREE TO CHEW TOBACCO WHILE THE RELIGIOUS, AND HOLIER-THAN-THOU TRIED TO SAY THAT BECAUSE OF BUDDHISM, KARMA ETC ETC. SMOKING/CHEWING TOBACCO WAS BAD. WE LIVED WITH AND FORGAVE THESE FLAWS EVEN IF YOU WERE A MONK. NOW, THANKS TO THE MORAL AUTHORITIES LIKE OUR PARLIAMENTARIANS OUR LAWS PASS JUDGMENT OVER OUR PERSONAL CHOICES AND DECISIONS MAKING THEM CRIMES PUNISHABLE WITH PRISON SENTENCES.
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WHAT MADE US HAPPY AS A SOCIETY WAS THE FREEDOM FOR US TO MAKE CHOICES AND SOCIETYS WILLINGNESS TO ACCEPT THEM. NOW THAT WE MAKE CRIMINALS OUT OF SMOKERS, WHAT WILL WE DO OR WHAT ARE WE ASKING SOCIETY TO DO TO PEOPLE WHO COMMIT WORSE CRIMES?

ACCORDING TO REPORTS, THE 24-YEAR-OLD SAID HE WAS UNAWARE OF THE NEW LAW. HE WAS UNFORTUNATELY NOT CARRYING THE FAMOUS TAX RECEIPT FROM THE CUSTOMS DEPARTMENT THAT WOULD HAVE ABSOLVED HIM OF THIS SIN OR CRIME. THIS HAD BEEN MY WORRY ALL ALONG, THAT A PERSON AN ILLITERATE/FARMER OR A VILLAGER WOULD NOT KNOW ABOUT THE LAW OR EVEN IF HE DID, WOULDN'T UNDERSTAND THE IMPLICATIONS WOULD NOW BE SERVING 3 5 YEARS OF HIS LIFE BEHIND BARS.

WHAT A WASTE OF A PERSONS LIFE AND TIME OVER TOBACCO, THANKS TO OUR MPS DECISIONS. IM WONDERING IF THEY FEEL LIKE THEY HAVE REALLY PUT AWAY A PERSON SO DANGEROUS TO BHUTANESE SOCIETY OR FEEL AN OUNCE OF GUILT THAT THEY ARE PUTTING AWAY A MONK PERHAPS A GOOD MONK
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WHOSE ONLY VICE WAS THAT HE HAPPENED TO LOVE CHEWING TOBACCO.

REPORTS BY SONAM ONGMO IS LICENSED UNDER A CREATIVE COMMONS ATTRIBUTION-NO DERIVATIVE WORKS 3.0 UNITED STATES LICENSE.

THIMPHU: In the Bhutanese capital of Thimphu, a street vendor offering snacks and drinks is secretly selling cigarettes to two customers a transaction that could put him in jail for five years. In hushed tones, the young men ask for a packet of 10 and the contraband is handed over wrapped in paper and hastily shoved inside the large pouch at the front of their traditional tunics. You can find them all over, but you need to know someone, one of the buyers said as he scuttled away. Its dangerous though. Anyone in Bhutan selling tobacco or found with cigarettes that have not been declared to customs has committed a non-bailable offense that carries a maximum five-year prison sentence. Bhutan, an insular and isolated Himalayan kingdom sandwiched between India and China, brought in the strictest anti-smoking laws in the world this year in a bid to stub out the damaging habit. The sale of tobacco in Buddhist-majority Bhutan was already banned, as was smoking in public places, but the new law sought to crack down on smuggling by introducing a prison term for offenders. Known as the Tobacco Control Act, the legislation does not make smoking illegal, but it restricts smokers to private use of a maximum of 200 grams of tobacco and 200 cigarettes per month that can be legally imported. Users have to keep the customs receipts to prove that duties of up to 200 percent have been paid. In March, a 23-year-old monk became the first person convicted and sentenced to three years in prison after he was caught with just $2.50 worth of undeclared chewing tobacco. Since then, more than 50 people have been arrested, including an 81-year-old man and a 16-year-old boy.

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We are doing this for the good health and well-being of our people, explains Kinley Dorji, the executive director of the Bhutan Narcotic Control Agency, which has overseen the implementation of the law. People in the world are full of habits and addictions and sometimes they are not easy to give up. But sending smalltime users to jail, particularly those in apparent ignorance of the law, has caused an outcry and proved a test for Bhutans fledgling democracy. We dont question the good intention. Tobacco kills people, but smoking has been there for centuries. Overnight people cannot stop, says 39-year-old Tashi Gyeltshen, who has spearheaded protests on Facebook. Everyone agrees that the prison term is a mistake, he told AFP. Parliamentary opposition leader Tshering Tobgay has also been a vociferous critic. Faced with hostile media coverage and public dissent unheard of in Bhutan during the days of absolute monarchy which came to an end in 2008 new guidelines have been brought in recommending fines for small-time users. Prime Minister Jigmi Thinley admitted to AFP in an interview that the law imposed excessive punishment on those caught in possession of small quantities of tobacco and this would be reviewed later this year. I dont think we have the right balance, he said in his office. I am hoping that we will be able to make amendments The kind of punishment is something that I think needs to be looked at. The government argues, however, that the law will ease the tobacco-related burden on the countrys free healthcare system and ultimately help users, many of whom confess to wanting to give up anyway. Supporters point to World Health Organization data that shows 6 million people die annually from tobacco, with 80 percent of those deaths in developing countries like Bhutan. So has the country famed for seeking Gross National Happiness for its citizens been successful in restricting tobacco use? A survey conducted in 2009, funded by international anti-tobacco groups, found that just 2.8 percent of people smoked in Bhutan. But after dark in the capital, Bhutanese of all ages can be found defying No Smoking signs in the back-street bars of the capital. Glowing red embers are a frequent sight down the alleyways leading from the main streets, and smokers can be seen indulging at nightclubs and at the citys only bowling alley. Most say they buy their cigarettes off black market vendors. I can go anywhere and get cigarettes, but the cost has really gone up, says Gyeltshen, who jointly set up the Amend the Tobacco Control Act Facebook group which has more than 2,600 members. In some areas, however, the law appears to be having an effect. The Bhutan Today newspaper reported that construction companies have complained to the government because their Indian laborers are deserting because they cant live without tobacco. Dorji from the Bhutan Narcotic Control Agency says that his organization, working with the police and customs, has been very successful in controlling tobacco use. There may be a black market, but the fact is that it has been reduced a lot, he says.

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The agencys legal officer Sonam Tshering defends restricting a habit seen as un-Bhutanese in this fiercely proud country, but he admits they will never be able to completely stop use of contraband tobacco. In Singapore, for example, they have the death sentence for drug trafficking, but there are still cases there. People still take the risk.

Read more: http://www.dailystar.com.lb/Culture/Lifestyle/2011/Sep-10/148371-bhutans-

smokers-contend-with-the-strictest-tobacco-laws-in-the-world.ashx#ixzz1aBvSrDgU
(The Daily Star :: Lebanon News :: http://www.dailystar.com.lb) [edit]

No smoking laws

The consumption of tobacco is not altogether prohibited in Bhutan, though it is largely banned in places of public accommodation. The Act largely targets smoking in particular, though any form of tobacco is subject to the Act. The Tobacco Control Act establishes non-smoking areas: commercial centers including markets, hotel lobbies, restaurants, and bars; recreation centers such as discotheques, cinemas, and playing fields; institutions and offices, both public and private; public gatherings and public spaces such as festivals, taxi stands, and the airport; all public transportation; and any other places declared by the Tobacco Control Board.[nb 3] The Board also has the authority to designate smoking areas in public otherwise. [nb 4] Smoking areas are permitted in non-public areas of hotels (i.e., smoking floors or smoking rooms) at the discretion of the patron.[nb 5] The Act imposes a duty on persons in charge of these areas of public accommodation to display signs prohibiting smoking, demand smokers cease, report offenders who refuse to the police, and comply with inspections.[nb 6]

[edit]Trade

and commerce of tobacco products

The Act prohibits the cultivation, harvest, manufacture, supply, and distribution of tobacco, as well as the manufacture, supply, distribution, sale, and purchase of tobacco products within Bhutan.[nb 7] The Act allows individuals to import tobacco and tobacco products for personal consumption according to limits set by the Tobacco Control Board subject to duties and taxes it imposes. Those who bring their own tobacco or tobacco products into Bhutan must bear proof of taxation, may only bring goods that display required health warnings, and must not bring goods that promote tobacco by means that are false, misleading, or likely to create an erroneous impression about its characteristics, health effects, or hazards.[nb 8] (Cf. descriptors such as "light" or "mild") The Act thoroughly prohibits tobacco advertisement, promotion and sponsorship, restricting the appearance of tobacco in domestic videos and movies to educational clips produced for the purpose of health promotion. [nb 9]

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The Act's chapter on "Educational Measures" authorizes the government of Bhutan to form agencies in order to promote health awareness, prevent smoking in non-smokers, and strategize tobacco control. In conjunction, the Act also authorizes programs for government research and surveillance of tobacco use.[nb 10]

[edit]Enforcement

agencies

The Tobacco Control Act establishes two new government institutions to regulate tobacco use in Bhutan: the Tobacco Control Board and the Tobacco Control Office. The members of both the Board and the Office serve concurrently in government anti-narcotics offices. The Tobacco Control Board is the same body as the preexisting Bhutan Narcotic Control Board, now charged with regulating tobacco and enforcing that regulation under the Act. The Board provides guidance and direction to the tobacco Control Office and other law enforcement agencies regarding tobacco law enforcement and is permitted to propose amendments to parliament on the Tobacco Control Act itself.[nb 11] Any amendments to the Act must be approved by a simple majority in both the National Council and National Assembly, or by at least two-thirds of a quorum of parliament, and the amendments must not undermine the Bhutan Narcotic Control Agency.[nb 12] The Act mandates the Tobacco Control Board, through the Tobacco Control Office, to provide cessation programs in health facilities and to work with rehabilitation centers in diagnosing and counseling tobacco dependence. To this end, the Act authorizes the government to facilitate affordable access to treatment, including pharmaceutical products.[nb 13] The Act further provides a procedural framework for the functioning of the Board. [nb 14] The Tobacco Control Office is occupied by the Bhutan Narcotic Control Agency and headed by its executive director. The Office acts as the agent of the Board responsible for coordinating most of the actual implementation of Bhutan's tobacco policy.[nb 15] The Act tasks other government institutions and agencies with implementing its terms and the rules promulgated by the Tobacco Control Board. The Ministry of Health, Ministry of Economic Affairs, Ministry of Finance, Ministry of Education, and Ministry of Home and Cultural Affairs are all responsible for implementing the laws in the Act and the policies of the Board in specified arenas.[nb 16]Ancillary government institutions, such as the Royal Bhutan Police, the Civil Society Organization, and the Road Safety and Transport Authority are also authorized with enforcement and coordinating awareness on tobacco control.[nb 17] Likewise, locallevel Thromdes (municipal governments) are also to coordinate and conduct awareness programs on tobacco control.[nb 18]

[edit]Enforcement

laws

Further information: Law enforcement in Bhutan, Royal Bhutan Police, and Judicial system of Bhutan

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The Act also provides a substantive and procedural framework for enforcement by authorized officers of the above government bodies.[nb 19] If officers believe there is tobacco within, they are authorized to enter and inspect public and business places, and any place pursuant to a search warrant, at any reasonable time. They are also authorized to stop and inspect vehicles on the road and examine containers at checkpoints if they believe tobacco is inside. Officers may also demand proof of tax and duty payment at any reasonable time. According to regulations established by the Board, officers are also empowered to confiscate and destroy contraband.[nb 20] The powers of confiscation, search and seizure are subject to the provisions of the Penal Code and the Civil and Criminal Code.[nb 21] The Act lists eight new offenses and corresponding penalties, ranging from fines for smoking in non-smoking areas to fourth-degree (lowest degree) felony charges for smuggling. Fourth-degree felonies are punishable by imprisonment for three to five years.[3]: 11 Anyone in possession of more tobacco than the import limit is guilty (strictly liable) of smuggling. Those caught selling tobacco in Bhutan receive reduced sentences if their crime is mitigated by disclosing the tobacco's source to authorities.[nb 22] In addition, depictions of tobacco use in motion media other than for health promotion constitute a petty misdemeanor; as such, the Act also provides for a content-based restriction on speech.[nb 23]

[edit]Enforcement

practices and controversy

In practice, enforcement has resulted in some high profile cases,[4][5][6][7] however at least one citizen has complained publicly that enforcement is spotty and arbitrary.[8] Another has come forth to highlight the disparate treatment among classes and of tobacco among other addictive habits widespread in Bhutan such as ara, doma, ema-datshi and phak sha sikam, and to decry that tobacco possession in Bhutan could be punished with the same sentence as for rape of the elderly.[9] Most notably, a 23-year old ordained monk named Sonam Tshering from Langpa in Haa was caught on January 24, 2011 with 480 grams of chewing tobacco[10] (purchased for Nu.120) en route fromPhuentsholing to Thimphu. This was the first such prosecution under the Tobacco Control Act. A private individual informed the police that Tshering possessed tobacco. Under current customs schedules, a tax of 100 percent was levied on tobacco from India, and 200 percent on tobacco from all other countries of origin, with a maximum of 150 grams of tobacco per month. Although Tshering revealed the source of his tobacco, to mitigate and qualify his offense as a misdemeanor, he failed to identify the location and supplier of the tobacco, apparently somewhere in the border town ofJaigaon. He was thus convicted of a felony, whose minimum sentence is three years. Although the Constitution of Bhutan guarantees all persons the right to be represented by a jabmi (attorney), the Thimphu District Court closed the case before any jabmi offered his services. The Court convicted Tshering of smuggling and sentenced him to for smuggling under the Tobacco Control Act. [6]

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In the ensuing controversy, the Prime Minister of Bhutan Lyonpo Jigme Thinley issued statements that Tshering's case had been "blown out of proportion," while sympathizing with those who felt the severity of the sentence was incongruent to the offense committed. The Prime Minister pointed out that the legislation was a product of Bhutan's modern bicameral parliamentary and democratic process, having been debated in both the National Assembly and National Council, and assented by the Royal Government. With the truism that no law is perfect, he invited the public to amend the Tobacco Control Act peacefully under the new Bhutanese democratic process.[5][11] Sonam Tshering has since appealed the District Court ruling to the High Court of Bhutan, for which has retained a private attorney.[10][12] The Bhutan Observer editor has questioned the constitutionality of the Tobacco Control Act and its enforcement in view of the harshness of the sentence.[13] In early March 2011, a high-profile incident at Paro Airport has resulted in the arrests of the Royal Bhutan Army constable, officer and aircraft engineer allegedly involved in importing a carton of 555 cigarettes without paying tax at the Paro Airport. Constable Tshering Jamtsho and Captain Sonam Tshewang were officially handed over to police by the royal Bhutan Army, while police arrested aircraft engineer Chogyal Gyeltshen separately. Customs agents had caught Constable Jamtsho with some 200 cigarettes, who alleged they were purchased by the aircraft engineer for a Major Karma Dorji. The Bhutanese Customs authorities investigated the affair for 51 hours before issuing arrest warrants; further investigation was begun by the Royal Bhutan Police, however the police expressed their refusal to investigate the matter until it was referred to them, despite the legal requirement that matters be brought to the attention of the police within 24 hours. [7][14][15] Because the arrests were not immediate, the affair is somewhat controversial.[16] Less than two days later, on March 7, 2011, another tip-off at Paro Airport resulted in the arrest of two female keepers of different shops in possession of about 200 cigarettes (19 packets) and 11 packets of chewing tobacco ("baba") in total. Upon arrest and interrogation of the first shopkeeper, police learned her source was the second; the second disclosed her source to police.[17] On that information, police arrested a 39-year old bus driver at the Chunzom checkpost. [18] Another arrest in Phuentsholing in late March 2011 allegedly produced a network of apparently unwitting transporters of tobacco products worth Nu.45,000 in a consignment passing through Jaigaon. The activities were traced to a businesswoman based in Thimphu.[19] The controversy of tobacco laws and the reach of government has touched even the Bhutanese media. In late March 2011, the Royal Bhutan Police sued a 28-year old former employee of the Bhutan Media Service in Thimphu for spreading rumors that police had raided one of the media houses earlier in March 2011 on a tobacco-related pretext. The rumor was characterized as a joke and a hoax. According to police, the accused had confessed to spreading unfounded rumors that the police had visited Bhutan Media Services offices warning them not to smoke, and that employees would be arrested if caught. This provoked public outrage, prompting outcries in news opinion columns. Police, through Kuensel, stated that "police was referred

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to as blue dogs encroaching into private space and waiting for crime to happen. We were blamed for no reason and encroaching is a strong word." The incident resulted in the termination of the employee. [20] Although some Bhutanese have decried the Tobacco Control Act as draconian, the subject has remained open to debate. Members of Parliament report variously that they have received no input or that their constituents held favorable opinion on the law. Most vigorous debate continues in urban areas. The Bhutanese public seems convinced, however, that threats to health and happiness from tobacco pale in comparison to alcohol and drugs.[9][21] Members of local and national governments, however, generally support the Tobacco Control Act as it was enacted and oppose any amendments especially before the expiration of a mandatory one-year wait.[22][23]

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