Misplaced Pages

#790209

60-625: 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." The modern Tobacco Control Act, however, led to controversy because of its harsh penalties. In January 2012, Parliament passed urgent amendments with the effect of greatly increasing permissible amounts of tobacco and reducing penalties, although sale and distribution remain prohibited. The consumption of tobacco

120-729: A consignment passing through Jaigaon. The activities were traced to a businesswoman based in Thimphu . The controversy over the tobacco laws and the reach of government 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 rumours that police had raided one of the media houses earlier in March 2011 on

180-406: A favorable opinion of 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 those posed by alcohol and drugs. Members of local and national governments have generally supported the Tobacco Control Act as it was enacted and opposed any amendments, especially before the expiration of

240-504: A mandatory one-year waiting period. On 4 September 2011, Prime Minister Jigme Thinley stated at a press conference that his government would act swiftly to enact an amendment to the Tobacco Control Act. The prime minister explained the decision was based on the "pain and the suffering" the act had caused after some 59 arrests, adding that his government would consult with the National Council to ensure its presentation during

300-465: A maximum of 150 grams of tobacco per month. Although Tshering revealed the source of his tobacco, to mitigate and qualify his offence as a misdemeanor, he failed to identify the location and supplier of the tobacco, apparently somewhere in the border town of Jaigaon . He was thus convicted of a felony, whose minimum sentence is three years. Although the Constitution of Bhutan guarantees all persons

360-409: A red scarf of rank and honour with the title of " Dasho ") in accordance with tradition and custom. Also among the royal prerogatives are the grants of citizenship , amnesty, pardon and reduction of sentences; and land "kidu" and other "kidus" (benefits). Under Article 2, Section 19, the king appoints a significant number of high-level government officers: judicial appointees, the auditor general, and

420-409: A tobacco-related pretext. The rumour was characterized as a joke and a hoax. According to police, the accused had confessed to spreading unfounded rumours 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

480-580: 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 discothèques, cinemas, and playing fields; institutions and offices, both public and private; public gatherings and public spaces such as festivals, taxi stands, and

540-1125: Is one of ten ministries. The Home Minister, like all Ministers, is appointed from among National Assembly members by the King on advice of the Prime Minister, and must be a natural-born citizen of Bhutan. The Home Minister carries out part of the Lhengye Zhungtshog's Constitutionally mandated duty to aid, advise, and inform the King about the affairs of the State. While the Ministry of Cultural and Home Affairs, like other Ministries, may formulate and implement policy, these regulations are subordinate to laws of Bhutan . The Bureau of Law and Order provides legal advice and guidance; facilitates prosecution; conducts research; reviews security clearance cases and verifies adverse records; and regulates explosives. It also coordinates visits by international human rights and humanitarian agencies; coordinates with

600-800: Is permitted to propose amendments to parliament on the Tobacco Control Act itself. 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. 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,

660-536: Is sacrosanct. However, the king is mandated to protect and uphold the Constitution "in the best interest and for the welfare of the people of Bhutan". Under the Constitution, the king, in exercise of his royal prerogatives (and as head of state), promotes goodwill and good relations with other countries by receiving state guests and undertaking state visits to other countries. The king may also award titles, decorations, dar for Lhengye and Nyi-Kyelma (conferring

SECTION 10

#1732792938791

720-512: Is spotty and arbitrary. 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. In the first major prosecution under the act, a 23-year-old ordained monk named Sonam Tshering from Langpa in Haa

780-413: 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

840-661: The Dzongkhags . The Policy and Planning Division works with the Planning Commission, an independent agency, to coordinate development projects within the Dzongkhags. Its Information and Communication Technology Unit (ICT Unit) maintains government websites, publications, and other online resources. The Department of Culture and Dzongkha Development has eight divisions: the Division for Cultural Properties;

900-475: The Ministry of Foreign Affairs on matters relating to transnational crimes; coordinates government level Bhutan-India meetings on border management and security; coordinates Border District meetings with Indian states of Assam and West Bengal; and liaises and coordinates on national security issues with the Royal Bhutan Police and Dzongkhag Administrations. The Administrative and Finance Division implements

960-658: The National Judicial Commission Dungkhag Court jurists are not appointed by the king. The king also appoints, from lists of names recommended jointly by the prime minister, the chief justice of Bhutan, the speaker, the chairperson of the National Council, and the leader of the opposition party, four kinds of high-level government: the chief election commissioner and other members of the Election Commission ;

1020-653: The South-East Asia Region . Druk Gyalpo Parliament Judiciary The  King of Bhutan , officially the Druk Gyalpo  ( འབྲུག་རྒྱལ་པོ་ ; lit.   ' Dragon King ' ), is the  constitutional monarch  and  head of state  of the Kingdom of Bhutan . In the Dzongkha language , Bhutan is known as Drukyul which translates as "The Land of

1080-468: The government ministry within the Lhengye Zhungtshog (Council of Ministers) which oversees law and order ; the civil administration; immigration services; the issuance of citizenship documents, and other related documents; the delivery of services by local governments; and the preservation, promotion, development, and protection of the culture and heritage of Bhutan. It is headed by

1140-891: The police , and comply with inspections. 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. 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. 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 (cf. descriptors such as "light" or "mild"). The act thoroughly prohibits tobacco advertisement, promotion and sponsorship, restricting

1200-691: The Constitution. The king appoints positions other than Constitutional Officers on the advice of other bodies. He appoints the heads of the Defence Forces from a list of names recommended by the Service Promotion Board. The king appoints the attorney general of Bhutan , the chairperson of the Pay Commission, the governor of the Central Bank of Bhutan , the cabinet secretary, and Bhutanese ambassadors and consuls on

1260-927: The Division for Conservation of Architectural Heritage Sites; the National Library ; the Textile Museum ; the National Museum ; the Folk Heritage Museum ; the Royal Academy of Performing Arts ; and the Driglam Sections. The Department of Culture was previously known as the Special Commission for Cultural Affairs (SCCA), the Commission was established through a Royal Decree on July 31, 1985, with

SECTION 20

#1732792938791

1320-563: The Home Minister ( Nangsi Lyonpo ), who sits on the Lhengye Zhungtshog and is led by the prime minister . The Ministry currently operates from Tashichho Dzong . On May 20, 1968, the National Assembly , in its 28th session, formed a council of Ministers because of the increasing number of development activities in Bhutan. Accordingly, it resolved to appoint Lyonpo Tamji Jagar as the first Home Minister. Until 1999, this post

1380-454: The Kingdom, the king must abdicate in favour of the heir apparent . The Hereditary Dragon Kings of Bhutan: Ministry of Home and Cultural Affairs 27°29′22″N 89°38′6″E  /  27.48944°N 89.63500°E  / 27.48944; 89.63500 The Bhutanese Ministry of Home Affairs ( Dzongkha : ནང་སྲིད་ལྷན་ཁག་; Wylie : nang-srid lhan-khag ; "Nangsi Lhenkhag") is

1440-598: The National Assembly enacted the Lhengye Zhungtsho Act on advice of the King. Under this Act, candidates for the post of Home Minister were nominated by the King and elected indirectly through the National Assembly. Under the first incarnation of the Lhengye Zhungtshog, as under the "CCM," Ministers continued to enjoy five-year terms while the Chair rotated among them on a yearly basis. In 2008,

1500-412: The National Assembly. Considered urgent legislation, the bill was taken up by a joint committee of National Assembly and National Council MPs, and passed with nearly unanimous support. As proposed by the National Council, the amendment would have lifted the ban on tobacco sale and distribution within Bhutan, though production would have remained prohibited. At its passage, however, the amendment retained

1560-474: The Road Safety and Transport Authority are also authorized with enforcement and coordinating awareness on tobacco control. Likewise, local-level Thromdes (municipal governments) are also to coordinate and conduct awareness programs on tobacco control. The act also provides a substantive and procedural framework for enforcement by authorized officers of the above government bodies. If officers believe there

1620-732: The Thunder Dragon". Thus, while kings of Bhutan are known as Druk Gyalpo ("Dragon King"), the Bhutanese people call themselves the Drukpa , meaning "people of Druk (Bhutan)". The current sovereign of Bhutan is Jigme Khesar Namgyel Wangchuck , the fifth Druk Gyalpo . He wears the Raven Crown , which is the official crown worn by the kings of Bhutan. He is correctly styled " Mi'wang 'Ngada Rinpoche " ("His Majesty") and addressed " Ngada Rimboche " ("Your Majesty"). King Jigme Khesar

1680-585: 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

1740-540: The act authorizes the government to facilitate affordable access to treatment, including pharmaceutical products. The act further provides a procedural framework for the functioning of the board. 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. The act tasks other government institutions and agencies with implementing its terms and

1800-425: The aircraft engineer for a Major Karma Dorji. The Bhutanese Customs authorities investigated the affair for 51 hours before issuing arrest warrants; the 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. Because

1860-478: The airport ; all public transportation; and any other places declared by the Tobacco Control Board. The board also has the authority to designate smoking areas in public. Smoking areas are permitted in non-public areas of hotels (i.e., smoking floors or smoking rooms) at the discretion of the patron. 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

Tobacco Control Act of Bhutan 2010 - Misplaced Pages Continue

1920-589: The appearance of tobacco in domestic videos and movies to educational clips produced for the purpose of health promotion. 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. The Tobacco Control Act establishes two new government institutions to regulate tobacco use in Bhutan:

1980-668: The arrests of a 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. Jamtsho alleged they were purchased by

2040-408: The arrests were not immediate, the affair is somewhat controversial. 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 (nineteen packets) and eleven packets of chewing tobacco ("baba") in total. Upon arrest and interrogation of the first shopkeeper, police learned her source

2100-768: The auditor general of the Royal Audit Authority; the chairperson and other members of the Royal Civil Service Commission; and the chairperson and other members of the Anti-Corruption Commission. The term for each position is five years. Referenced for incorporation are the Bhutanese Audit Act , Bhutanese Civil Service Act , Bhutanese Anti-Corruption Act , and Attorney General Act ; references to existing Election Laws also appear throughout

2160-618: The board, officers are also empowered to confiscate and destroy contraband. The powers of confiscation, search and seizure are subject to the provisions of the Penal Code and the Civil and Criminal Codes. 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. Anyone in possession of more tobacco than

2220-585: The chairs of anti-corruption, civil service, and election commissions are holders of constitutional office. The king appoints most of the upper judicial branch: the chief justice of Bhutan and the drangpons (associate justices) of the Supreme Court; the chief justice and drangpons (associate justices) of the High Court. These judicial appointments are made from among the vacant positions' peers, juniors, and available eminent jurists in consultation with

2280-537: 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. 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 . In practice, enforcement resulted in some high-profile cases, however at least one citizen has complained publicly that enforcement

2340-462: The king must abdicate the throne for wilful violations of the Constitution or for suffering permanent mental disability. Either must be upon a motion passed by a joint sitting of Parliament. The motion for abdication must be tabled for discussion at a joint sitting of Parliament (presided by the chief justice of Bhutan) if at least ⅔ of the total number of the members of Parliament submits such a motion stating its basis and grounds. The king may respond to

2400-414: The limit defined as a petty misdemeanor; possession of over three but under four times the limit a misdemeanor; and fourth degree felony reserved for possession of four times the limit. The 2023 WHO report on the global tobacco epidemic indicates that the adult daily smoking prevalence in 2021 of Bhutan was 4%. This meant that Bhutan was the country with the lowest recorded prevalance of tobacco use in

2460-596: The mandate to preserve and promote Bhutan's cultural and traditional heritage. The Commission was reconstituted in 1995 as the Solzin Lhentshog with fifteen members. Following the devolution of the executive authority to the elected Lhengye Zhungtshog in June 1998, the body was reconstituted for the third time in September 1998 with 15 members for three-year terms with Lyonpo Thinley Gyamtsho as its chairman. With

Tobacco Control Act of Bhutan 2010 - Misplaced Pages Continue

2520-477: The motion in writing or by addressing the joint sitting of Parliament in person or through a representative. If, at such joint sitting of Parliament, at least ¾ of the total number of members of Parliament passes the motion for abdication, then such a resolution is placed before the people in a National Referendum to be approved or rejected. If the National Referendum passes in all the Dzongkhags in

2580-525: The new Bhutanese democratic process. Sonam Tshering has since appealed the District Court ruling to the High Court of Bhutan , for which he has retained a private attorney. The Bhutan Observer editor has questioned the constitutionality of the Tobacco Control Act and its enforcement in view of the harshness of the sentence. In early March 2011, a high-profile incident at Paro Airport resulted in

2640-459: The next legislative session. In reaction, semi-nomadic communities in Merak and Sakteng along the porous Indian border near Arunachal Pradesh expressed vocal support for the status quo, or even strengthening its provisions, due to the negative impacts of the illicit tobacco trade among their populations. In January 2012, Health Minister Lyonpo Zangley Drukpa brought the amendment to debate in

2700-468: The people of Bhutan. The Constitution establishes the " Chhoe-sid-nyi " (dual system of religion and politics) of Bhutan as unified in the person of the king, who, as a Buddhist , is the upholder of the Chhoe-sid (religion and politics; temporal and secular). In addition, the king is the protector of all religions in Bhutan . The king is not answerable in a court of law for his actions, and his person

2760-404: The policy of the government to have a small, efficient and compact civil staff. This division is responsible for strengthening the administrative units of all the Dzongkhags (districts) and Dungkhags (sub-districts) by posting, promoting, training and transferring the administrative personnel. This division also coordinates with other government agencies to deploy other categories of personnel to

2820-430: The prohibition on sale and distribution. Under the amendment, possession limits were increased, and penalties were decreased. The permissible quantity of individual cigarettes was changed from 200 to 300; individual beedis from 200 to 400; individual cigars from thirty to fifty; and other tobacco products raised from 50 to 150 grams (1.8 to 5.3 oz). Penalties were also regraded, with possession of less than three times

2880-789: The purview of the Ministry of Foreign Affairs . The department has three divisions: the Immigration Service Division (managing Regional Immigration Offices and Paro Airport ); the Inspection Division; and the Naturalization and Resident Permit Division. The Department of Civil Registration and Census is composed of three divisions: the Civil Registration and Citizenship Services Division; the Demography and Information Division; and

2940-565: The recommendation of the Royal Civil Service Commission. The king is also the supreme commander in chief of the Armed Forces and the Militia of Bhutan . The Constitution provides substantive and procedural law for two paths of abdication for reigning monarchs: voluntary and involuntary. As stated above, the king may relinquish the exercise of royal prerogatives, and such relinquishment may be temporary. The Constitution provides that

3000-416: The recommendation of the prime minister. The king also appoints dzongdags to head local governments, and other secretaries to the government on the recommendation of the prime minister who obtains nominations from the Royal Civil Service Commission on the basis of merit and seniority and in accordance with other relevant rules and regulations. The king appoints the secretary general of the respective houses on

3060-579: 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 for smuggling under the Tobacco Control Act. 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

SECTION 50

#1732792938791

3120-487: 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. Ancillary government institutions, such as the Royal Bhutan Police , the Civil Society Organization, and

3180-496: 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

3240-481: The status of the Ministry of Home and Cultural Affairs was reshaped under Article 17 and Article 20 of the Constitution of Bhutan . Executive power is wholly vested in the Lhengye Zhungtshog , consisting of the Ministers headed by the Prime Minister . The number of Ministers is determined by the number of Ministries required to provide efficient and good governance; currently the Ministry of Home and Cultural Affairs

3300-611: The third restructuring exercise of the Government Organizations, the Commission was again renamed as the National Commission for Cultural Affairs (NCCA), which later became a Department of Culture under the Ministry of Home and Cultural Affairs in on June 19, 2003. The Department of Immigration polices illegal immigration and provides immigration services for legal residents, including naturalization and visa services. Bhutanese passports , however, are

3360-433: Was caught on January 24, 2011, with 480 grams of chewing tobacco (purchased for Nu. 120) en route from Phuentsholing 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 per cent was levied on tobacco from India, and 200 per cent on tobacco from all other countries of origin, with

3420-401: Was one among a council of Ministers appointed by the King ( Druk Gyalpo ). In 1999, as a major step toward democratization, King Jigme Singye Wangchuck dissolved the existing cabinet and withdrew from his role in the decision-making in the cabinet. Six new ministers, including a Home Minister, were nominated, placed before the National Assembly , and voted in as new ministers. On July 26, 1999,

3480-438: 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. 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 hold

3540-564: Was the second; the second disclosed her source to police. On that information, police arrested a 39-year-old bus driver at the Chunzom checkpost. Throughout 2011, there were several more tobacco-related arrests at Chunzom, including that of an 81-year-old man. In late March 2011, another arrest in Phuentsholing , a major border town, allegedly produced a network of apparently unwitting transporters of tobacco products worth Nu. 45,000 in

3600-416: Was the youngest reigning monarch in the world, being 26 years old when he ascended the throne on 9 December 2006 after his father, Jigme Singye Wangchuck , abdicated the throne in his favour. He was 28 years old when he was crowned on 6 November 2008. The Constitution confirms the institution of monarchy . The Druk Gyalpo (King of Bhutan) is the head of state and the symbol of unity of the kingdom and of

#790209