Bhutan, tobacco sales authorized

Considering it undemocratic, the People's Democratic Party[1] (PDP) takes a stand against the Bhutanese government's decision to open tobacco outlets and appeals to the relevant authorities.

Founded in 2007, the PDP is the first recognized political party in Bhutan's democracy. In almost 15 years of existence, this party has established its credibility and integrity.2]. Today, he is concerned about the endangerment of democracy with the government's decision to open tobacco outlets, which he considers contrary to the 2010 law on tobacco control and the country's Constitution.3].

One of the most advanced legislations

In tobacco control, Bhutan was already a pioneer in tobacco control, being one of the first countries in the world to adopt a tobacco control law in 1729[4]. The Tobacco Control Act of 2010 is similarly notable in that it makes Bhutan the first nation to completely ban the cultivation, production, sale and distribution of any type of tobacco product within the country. Only importation for personal consumption, in limited quantities, is permitted[5].

The recent decision of the Bhutanese government to allow the opening of sales points and grant a sales monopoly to Bhutan Duty Free Limited, therefore appears to be in direct contradiction with the legal provisions in force for 10 years.

The government justifies this decision by the reality of the pandemic crisis.6]. With citizens' movements temporarily restricted in an effort to prevent the transmission of Covid-19, smokers would no longer be able to obtain tobacco outside the country, and smuggling would therefore be on the rise. The decision would therefore be justified by a health concern.

It should be remembered, however, that the coronavirus can be transmitted through tobacco smoke and that smokers are at greater risk of complications, potentially fatal, if infected.

Tobacco and democracy in danger

In its communication, the PDP argues that the executive cannot, under the pretext of satisfying the needs of a minority of the population, transgress the law because "such a precedent will open the way to despotic governments in the future, which will transgress the legislation by simply using the popular demands of a section of the population"[7].

In other words, the PDP accuses the Bhutanese government of having hastily authorized the opening of points of sale to allow a part of the population to obtain products strictly regulated in Bhutan, without having first requested an extraordinary session before Parliament, as provided for Article 10, Section 12 of the Constitution in such circumstances.

Beyond political behavior, it is the citizens' perception of democracy that worries the Party. This failure by the State itself to respect the laws and procedures that organize Bhutanese democracy can only weaken the political system. The PDP says it is "deeply concerned that this government decision will set a precedent with serious consequences for the perception of legislation by future governments and will compromise the credibility of elected governments."8].

In response, the PDP calls on the Opposition to hold the government accountable, in accordance with the country's Constitution, and the Bhutan Narcotics Control Authority[9] to ensure the proper application of the 2010 law on tobacco control, in order to cancel or rectify any fault committed by the government in this decision to authorize tobacco sales points.

  Keywords: Democracy, Tobacco sales, Bhutan, Legislation ©Generation Without Tobacco

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[1] People's Democratic Party [2] The Bhutanese, Why PDP lost, DNT won and DPT held on, www.thebhutanese.bt (September 17, 2018 – accessed August 5, 2020). [3] TSCHEDUP Younten, PDP accuses govt. of breaching tobacco legislation, www.kuenselonline.com (August 5, 2020 – accessed August 5, 2020). [4] Ugen S., Bhutan: the world's most advanced tobacco control nation?, Tobacco Control 2003;12:431-433. [5] Tobacco Control Laws, Legislation by country – Bhutan, www.tobaccocontrollaws.org (March 9, 2020 – accessed August 5, 2020). [6] ZAM Tchering, PDP on the legality of selling tobacco products by the government's outlet, www.bbs.bt (August 4, 2020 – accessed August 5, 2020). [7] - [8] TSCHEDUP Younten, PDP accuses govt. of breaching tobacco legislation, www.kuenselonline.com (August 5, 2020 – accessed August 5, 2020). [9] Bhutan Narcotics Control Authority DNF - For a Zero Tobacco World | MT