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Right Honorable Girija Prasad Koirala, Prime Minister
Government of Nepal, Singh Durbar, Kathmandu
E-mail: info@opmcm.gov.np Website: www.opmcm.gov.np
Right Honorable Suwash Nembang, Speaker
Interim Parliament, Singh Durbar, Kathmandu
Fax: 977-1-4425537 or 4222923
E-mail: nparl@ntc.net.np or parliament@ntc.net.np
Honorable Amik Sherchan, Deputy Prime Minister and Health Minister
Ministry of Health and Population, Ramshah Path, Kathmandu
Fax: 977-1-4262896 Website: www.moh.gov.np
Honorable Dr. Mangal Siddhi Manandhar, Minister for Education and Sports
Chairman, National Sports Council, Keshar Mahal, Kathmandu
Fax: 977-1-4412199 or 4418673
E-mail: infomoe@most.com.np Website: www.moe.gov.np
Honorable Dilendra Prasad Badu, State Minister
Ministry of Information and Communication, Singh Durbar, Kathmandu
Fax: 977-1-4221729 E-mail: moichmg@ntc.net.np or moicppme@ntc.net.np
Website: www.moic.gov.np
Sponsorship for Cricket Tournament in Nepal by Surya Nepal (BAT/ITC Multinational Tobacco Company)
Dear Sirs,
We would like to congratulate Government of Nepal and the Parliament on ratification of FCTC by Government of Nepal on November 7, 2006.
We as member of global tobacco control community, express our deep concern on Nepal's poignant challenges after ratification on FCTC. We understand that the Government of Nepal is also in the process of enacting new legislation.
On January 10, 2007, Surya Nepal has tied up with Cricket Association of Nepal (CAN) and as per the agreement; your cricket association is accepting sponsorship from Surya Nepal's Shikhar Filter Kings and John Players. The five-year deal has been struck for Rs.20 million. It is worth mentioning that Surya Nepal is a company jointly owned by BAT/ITC and the Nepal's Royal family. The renewed sponsorship by multinational tobacco companies to cricket association against the agreement and spirit of WHO-FCTC, which the parliament has recently ratified. Such a breach will put Nepal to shame and gives a very bad name internationally. Such a move is also surely going to be counter-productive for Nepali cricket and Nepal will loose respect globally. The news hyperlink at http://www.cricketeurope4.net.htmlDATABASE/ARTICLES/articles/000035/003592.shtml can be referred for additional information.
We believe that such a breach of an international treaty took place largely due to the lack of a comprehensive national anti-tobacco legislation which should have been in place immediately after ratification of FCTC. There are many scientific studies to show that such sponsorships by tobacco industry have deleterious effect on teenagers and youngsters. ITC had tried to sponsor Indian cricket in 1990's, which was challenged in the courts and subsequently ITC had to step back from the sponsorship. After the sponsorship, scientific studies on the effect of such sponsorships on youngsters were also conducted and it was found out that that due to the tobacco brand name "Wills" used to sponsor the World Cricket Cup in 1996, 13% of the students felt the desire to smoke after watching this cricket series.
In the light of such scientific studies and as per nepal�s commitment under FCTC, we strongly demand that the deal with the Cricket Association of Nepal be called off immediately and no money from any tobacco company be accepted for promotion of any sports, music concerts and/or for any form of sponsorship. Nepal must also immediately bring a strict legislation to prohibit any sort of such attempts and/or any advertisement, promotion and sponsorship in future too.
The tobacco industry tactics also compelled the Katmandu based Non-Smokers' Rights Association of Nepal (NOSMORAN) to recently (February 22, 2007) file a writ petition (public interest litigation on tobacco) at Supreme Court with a prayer to call off the 5-year deal of sponsorship between Surya Nepal and Cricket Association of Nepal and prayed the Hon�ble Court to issue interim order to stop any sort of promotion, advertisement and sponsorship till the time the proposed draft Anti-Tobacco Act 2063 (2007) is passed by interim parliament and government of Nepal under Supreme Court bylaws 2049 (1993) Rules 41.1.
The writ petition was filed based on the FCTC articles 8, 13 and 36, as there are no constitutional limitations for Nepal to fulfill obligation to "apply restrictions." The Interim Constitution of Nepal spelled-out that state and government guaranteed right to life under Article 12 (1), right to health and clean environment under Article 16 (1), right to Reproductive Health under Article 20 (2), policy of State to guaranteed health services and keep clean environment under Article 35 (1 and 5). According to the Nepal Treaty Act 2047 (1991) Article 2 (9) and interim constitution Articles 156 (3) and 164 (1), after ratification of any international convention and treaty by parliament, it must be legal binding to enact and regulate by Government of Nepal throughout Kingdom of Nepal.
Earlier, NOSMORAN has also filed a writ petition (public interest litigation on tobacco) at Supreme Court against Surya Nepal (BAT/ICT), Kantipur Publication and its Co-Publication Weekly (Saptahik) dated February 9, 2006 demanding verdict to stop the Surya Nepal's Shikhar Musical Concert to promote their brands of Shikhar Lights and Shikhar Filter Kings and misleading false message: SAFALTAKO LIFE (SUCCESS OF LIFE) in main cities of Nepal, such as: on February 10, 2007 at Biratnagar stadium, February 12 at Birgunj Stadium, February 14 at Bhairahawa, February 16 at Nepalgunj Stadium, and February 18 at Pokhara staudium targeted to the teenagers, children, youth and girls. The case is still in hearing process in the court.
The purpose of these litigations are to reduce rapid death toll of 16,000 every year from tobacco related chronic diseases and illness, tobacco related burden of diseases and death (economical, financial and social losses in family, society and nation) and daily life-adjusted life years (DALYs) lost; to protect 20.50 million population form (39% population of children and adolescent up to aged 14) tobacco related chronic diseases and everyone's human right to breathe clean air; and protection of non-smokers and children from life threatened and deadly toxic second-hand smoke and environmental tobacco smoke and to keep them away from becoming addicted to toxic tobacco and hence developing tobacco related disability, diseases and death.
The second-hand smoke is a proven cause of lung cancer and heart disease in non-smoking adults too and is also responsible for sudden infant death syndrome (SIDS), low birth weight, acute respiratory infection, ear infection and asthma attacks in infant and children. The debate is over, the science is clear. Second-hand smoke is not a mere annoyance but a serious health hazard as illustrated in US Surgeon General Report of June 2006.
The 12 countries have enacted nationwide smoke-free laws and that have already taken effect in Bermuda, Bhutan, Ireland, Italy, New Zealand, Norway, Scotland, Sweden, Uruguay, France, England and Northern Ireland as well as 26 States of United States including New York for the protection of second-hand smoke exposure.
The World Health Organization (WHO) has concluded that there is no safe level of human exposure to second-hand tobacco smoke, and the upcoming WHO policy recommendations on protection from exposure to second-hand tobacco smoke clearly state that the establishment of 100% smoke-free areas is the only way to protect the public to such exposure and its consequences. In addition, the right to clean air, free from tobacco-smoke is a human right.
WHO also urges the requirement of law for all indoor workplaces and public places be 100% smoke-free environments as per theme on the occasion of World No Tobacco Day 2007 on May 31 to ban all kinds of tobacco smoking advertisement, promotion and sponsorship in stadium and every elsewhere.
After ratification of FCTC by Nepal, Surya Nepal had immediately organized, sponsored and presented following musical night programs:
1. Surya Lights Rhythm Nites on December 1 at the five-star Hotel Yak and Yeti and on December 2, 2006 at Hotel Shangri-La at Pokhara;
2. Surya Lights Bollyood Temptations: Freedom of Lights Musical Broadway show at 5-star Hotel Hyatt Regency, Rox Bar on December 31, 2006; and
3. Surya Lights Nites on New Year Fiesta Bring in the New Year to the Extreme 2 Great Parties at 2 Great Places (Liquid Lounge, Lazimpat with DJ Yanik and DJ Vibe) and (Jeans Caf� New Road with DJ Sick Frack and DJ NVN).
The recent World Development Report 2007 indicates the tobacco use in adolescent (aged 13-15) are 15% (male) and 6% (female) and probability that 15 years old tobacco smoker will die before the age of 60 in Nepal. It has also recorded that 2.5% adolescents in the age-group of 13-15 were offered free cigarette by tobacco company representatives in eastern Nepal. Similarly, 30% children and 38% adolescent are exposed second-hand smoke in home alone.
Based on these above facts, we would like to bring your urgent attention the seriousness of the situation and thereby request for immediate action by the Government of Nepal and Interim Parliament to call off 5-year deal worth of Rs.20,000,000 (US$282,000) tripartite sponsoring deal among Surya Nepal and Cricket Association of Nepal. We also request for an interim executive order to ban any sort of advertisement, promotion and sponsorship until unless the proposed draft anti-tobacco control act (after suitably modifying and blocking the existing loop-holes) has been passed by the interim parliament and act, and laws to protect your children and general population from tobacco are put in place by the Government of Nepal.
Warm regards,
Yours truly, |