The current interim government is advancing the amendment of the Smoking and Tobacco Products Usage (Control) Act. The draft amendment is being pushed forward under the influence of certain Non-Government Organizations (NGOs), without the involvement of key stakeholders. The Ministry of Health under the previous government had started efforts to implement this amendment. Despite the fall of the Awami League government due to the anti-discrimination movement and mass uprising, the same situation persists. Some NGOs continue to influence the amendment, and the Ministry of Health along with certain other ministries of the government remain firm in their position.
On December 9th 2024, an advisory committee consisting of 9 advisors was formed, chaired by Dr. Salehuddin Ahmed, the Finance Adviser, to review the draft of the Smoking and Use of Tobacco Products (Control) Amendment. The Cabinet Division issued a gazette to form this committee. The committee’s tasks include reviewing the overall impacts of smoking and tobacco products, revenue impact analysis, impact on wholesale and retail, as well as examining the health and environmental effects. Most importantly, It involves reviewing the opinions and suggestions of all relevant stakeholders and accordingly making recommendations for the amendment of the proposed ordinance.
The first meeting of this advisory committee is scheduled for February 25th (Tuesday), 2025. However, key stakeholders, such as the country’s highest revenue-generating tobacco companies, wholesalers, small traders, and others directly involved in the sector, have not been invited to this crucial meeting despite stakeholder consultation being one of the core work of this committee. On February 20th, the Ministry of Health held a preparatory meeting regarding the advisory committee’s meeting. Again, no stakeholders related to the amendment of the law were invited other than NGOs. This has raised significant questions about the amendment process. The excluded stakeholders have expressed concerns, claiming that the amendment process is prioritizing the demands of certain NGOs while largely ignoring the revenue generation, employment, and agricultural sectors of the country.
The relevant law, first enacted in 2005, was amended once in 2013. In 2022, the Ministry of Health again took the initiative to amend the law. Throughout this process, the Awami League government, in both its amendment efforts and drafting, did not consult with stakeholders or sector-related parties other than the NGOs.
During the previous government’s tenure, various complaints were raised about the proposed amendment. Industry stakeholders argue that the draft contains several stringent provisions that, if implemented, could severely impact around 1.5 million small and marginal businesses in the country. The draft also does not mention the provision for alternative employment for these small traders. Furthermore, the opinions of other ministries were not included in the draft, leading to widespread criticism.
Stakeholders have emphasized the need for discussions with all relevant parties to make the ordinance practical and feasible. Otherwise, the country’s revenue generation and employment could face a new crisis amidst the ongoing economic challenges.
