Wednesday, May 3, 2006

Prof. Dr. Ram Kumar Dahal, T.U.

The restoration of open and pluralistic polity after the historic mass uprising (1990) and the promulgation of the 1990 constitution marked remarkable changes in the annals of political and economic history of Nepal. The restoration of multiparty system in 1990, as the part of global democratization process and human rights (HRs), encouraged a number of democratic values and norms including adult franchise, fundamental rights guaranteed to the people, parliamentary system, constitutional monarchy, rule of law, independent judiciary and competent system of justice ,civilian control of army and concept of popular sovereignty. In short the universalization of the concept and meaning of democracy was also recognized in Nepal in real sense. In post 1990 period the concept of democratic values and norms were restored and strengthened. With the adoption of open and competitive political system, mass consciousness about global democratic concepts including human rights (e.g rights of the child, labour, women, minorities, senior citizen/elderly persons), good governance participatory or inclusive democracy, civil society, independent and non-partisan media, and gender equality/equity/solidarity have also increased much contributed much to political and economic development of the country. In post 1990 period, Nepal, as a part of global political and economic system, has also signed international instruments of HRs respecting the fundamental rights (FRs) and HRs of the citizens’ at large or encouraging right based governance. The exposure of Nepalese people to the global system or the outside world has brought important changes in economic and political thinking of the people. Moreover, the global economic reforms including privatization, globalization, liberalization, and marketization have direct impact on 1990 Nepal and accordingly Nepal has also introduced these economic reform measures. In the background of these factors, the supply of basic commodities and wage goods to remote areas of Nepal would be studied here from politico-economic point of view.

While dealing with the provisions of the basic supply system in the country, it would be appropriate here to have a bird’s eye view in existing constitutional, international and legal provisions relating to this.

Constitutional, International and Legal Provisions regarding the Supply of Wage Goods in RAs

The 1990 constitution has not specifically mentioned about the supply of wage goods to the marginalized groups, rural poor and people living below poverty line in backward remote areas but the essence of that concept can be drawn from the various provision in part 4 of the constitution. The constitutional provisions of the concept of popular sovereignty (article 3) and the promotion of the conditions of the welfare state on the basis of the principles of an open society (Article 25(1)) have undoubtedly made the Nepalese state accountable to the people in general. The constitution intends to “Promote conditions of welfare state on the basis of the principles of an open society by establishing a just system in all aspects of Nepalese life including social, economic and political life, while at the same time protecting the lives, property and liberty of the people”. The fundamental economic objective of the Nepalese welfare state, as outlined in Article 25(2) is “to transform the national economy into an independent and self reliant system by preventing the available resources and means of the country from being concentrated within a limited section of society by making arrangements for the equitable distribution of economic gains on the basis of social justice by making such provisions will prevent economic exploitation of any class or individual and by giving preferential treatment and encouragement to national enterprises both private and public. The Nepalese state under article 26(1) intends to “pursue a policy of raising the standard of living of the general public through the development of infrastructures such as education, health, housing and employment of the people of all regions by equitably distributing investment of economic resources for balanced development in the various geographical regions of the country.” The state, under Article 26(5, is to create conditions for economic progress of the majority of the people, who are dependent on agriculture by introducing measures which will help in raising productivity in the agricultural sector and develop the agricultural sector on the principles of industrial growth by launching land reform measures”. The state, under article 26(6), is to “pursue a policy of increasing the participation of the labour force, the chief socio economic force of the country in the management of enterprises by gradually securing employment opportunities to it, ensuring the right to work and thus protecting its rights and interests. The Nepalese welfare state, under article 26(7), is to encourage female participation in the task of national development by making special provision of their education, health and employment safeguard the rights and interests of children (Article26(8)) safeguard the protection of the interest and social security of disabled incapacitated, the aged, women, helpless and orphans. The Nepalese welfare state for the prosperity of the national development could pursue a policy of taking measured necessary for the attraction of foreign capital and technology while all the same time promoting indigenous investment.”[Article 26 (12)]. Moreover, it is also the responsibility of the Nepalese state ,under Article 26(13),”to pursue a policy of creating conditions for the acceleration of the speed of rural development keeping in view the welfare of the majority of the rural population”(HMG,1992). Moreover, the Nepalese citizens under part 3 of 1990 constitution are guaranteed various fundamental rights(FRS) including right against exploitation (Article 20), right to equality (Art 11) and right to freedom(art 12). These constitutional provisions are adequate to explain that the Nepalese welfare state has its responsibility towards the people include those living below poverty line in the RAs. As part of the sovereign people they can also enjoy and claim from the state the right to equality and right against exploitation. In other words, they are not to be exploited or get second rate treatment from the state Besides these constitutional provisions, Nepal in different periods(e.g Panchayat and post Panchayat periods) has also acceded or ratified different international instruments of human rights(HRs)and has become a party to them which have granted different rights to the people. The Treaty Act of Nepal also recognizes the supremacy of provisions of the international law in case controversy develops between municipal and international law. Nepal, besides other international instruments of HRs, has also acceded the International Covenant on Civil and Political Rights,(ICCPR) 1966; the International Covenant on Economic, Social and Cultural Rights (ICESCR) 1966 and Right to Development. The ICESCR, among other things, has recognized the right to work (Art. 6),the right to have adequate food, clothing and housing and to the continuous improvement of living conditions(Art. 11(1)), the fundamental right of everyone to be free from hunger (Art.11(2)) ,ensure an equitable distribution of world food supplies in relation to need (Article 11(2b)), right to enjoyment of the highest attainable standard of physical and mental health and right to education(Art. 13(1)). The Universal Declaration of Democracy adopted by inter- parliamentary council (of which Nepal is a member) in Cairo, on Sept.16 1997 also encourages the defense and promotion of human rights, the working of representative institutions and to the strengthening to develop their means to action. The strengthening of the democratization process and representative institutions, the establishment of pluralistic system of representative government, among other things, are the principal provisions of the declaration. The Declaration reads: “Democracy is founded on the right of everyone to take part in the management of public affairs, It therefore requires the existence of representative institutions at all levels and in particular a parliament in which all components of society are represented and which has the requisite powers and means to express the will of the people by legislating and overseeing government action (Art.11)”.

Besides these constitutional and international provisions, various enactments including the Factory and Factory Workers Act 1959, Essential Commodities Supply Act, Consumers Act Rules and regulations of various trade unions groups (based on ILO standards) have also made various provisions regarding the protection and promotion of industrial and agricultural labour including from the remote areas.

The Tenth Plan and the supply of wage goods to remote areas

The tenth plan, among other things, has outlined the objective of supply sector which in general intends to improve( the volume/quantity and quality) of supply and distribution of commodities throughout the country particularly in the RAs, ensure food security for this purpose and discourage black marketing and illegal hoarding of such basic commodities. For achieving these objectives the plan has set certain strategies which includes the improvement of food availability and supplies in remote areas and promotion of market based pricing mechanisms for petroleum products. In this connection, HMG intends to rationalize the activities of the NFC and focusing enhancing food supply and distribution particularly in the food deficit areas. The government under the tenth plan intends to strengthen the management capacity of the NOC, reduce leakages and ensure private sector participation in the distribution policies and activities as outlined in the tenth plan document would contribute to increase food security in deficit areas, ensure uninterrupted supplies of essential commodities, particularly in the RAs. It also intends to enable NOC to become financially viable (NPC, 2002). In the background of these constitutional and legal international and planning provisions, the supply of wage goods to the remote areas would be studied from political economic point of view.

Supply policy of HMG/N

There are no clear-cut legal provisions, and government documents, rules and regulations regarding the supply policies of the government but its implied mission and objectives, in this direction, are to provide consumers the basic commodities in time in a simplified manner according to their needs. The responsibilities of the government towards the consumers in this direction have also not been clearly outlined in any public document but it intends to provide the basic commodities to the consumers in an unrestricted manner , which according to Consumers |Interest Protection Act (Upabhokta Hit Samrakchyana Ain), emphasizes on how the consumers goods should reach to the consumers; outlines certain restrictions on hoarding and black marketing of such goods and unfair price policy adopted by businessmen. The resultant effect is to encourage the easy and unrestricted/ free access of these goods to the consumers .In course of providing basic commodities to the people living in the remote and inaccessible Himalayan and hill districts where land transportation networks are lacking, the government has undertaken a policy of providing basic commodities like rice and salt in subsidized rate by bearing the total transportation cost (e.g.30 districts in case of food supplies and 22 districts (13+9) in case of salt supplies) .The Quality Control Act and Food Act further mentions that those goods to be provided to the consumers should be of high quality. The market activities, under the existing Black Marketing Act (Kalo Bazaar Ain), (which discourages the illegal hoardings and price hike by the business), are also monitored regularly or frequently by the local administration in its respective areas. To encourage the practice of easy and unrestricted access of goods to consumers for their welfare and wellbeing in the competitive market and regulate the behavior of this sector, the government has enacted a number of laws, rules and regulations in different periods including Nepal Food Hoarding Control Act 2008 , Nepal Food Hoarding Control Act 2008, Act Concerning the Control of Black Marketing and illegal export of cotton clothes made in Factories 2008 ,Commodities Control Short Term (authorization) Act 2011 Commodities Control Short Term (authorization) Act 2012, Basic Commodities Control Act 2012, Trade Profit and Remuneration Act 2017 , Trade Profit and Remuneration Rules 2017 and Basic Commodities Regulation(authorization) Act 2017,Basic Commodities Protection(First Amendment) Act 2020 and Export Import(Control) Rules 2020. Besides these acts, Consumers Interest Protection Act (upabhokta hit samrakshan Ain), Consumers Interest Protection Rules (upabhokta hit samrakshan Niyamawali) also regulate the behavior of both businessman and the consumers. The supply mission of the government is, thus, guided by these factors.

In the background of these constitutional, legal, international and planning provisions, and the supply policies of the HMG/N, the supply of wage goods to the remote areas would be studied from political economic point of view.

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Nepal Khadyanana Sanchaya Nivaran Ain 2008 was published in Nepal Gazette on 2008-3-17 B.S

Nepal Khadyanana Sanchaya Nivaran Ain 2008 was published in Nepal Gazette on 2008-9-16 B.S

Milma Baneka Kappas ka suti dhago ra suti kapada ko chori bazari ra chori nikasi niyantran kanun 2008 was published in Nepal Gazette 2009-4-6 B.S

Bastu niyantran alpa kalin (adhikar) Ain 2011 was published in Nepal Gazette on 2011-10-18

Bastu niyantran alpa kalin (adhikar) Ain 2012 was published in Nepal Gazette on 2012-3-6

Abasyaka vastu samrakshan Ain 2012 was published in Nepal Gazette on 2012-8-13

Vyapar munafa Parisramik Kar Ain 2017 was published in Nepal Gazette on 2017- -

Vyapar munafa Parisramik Kar Niyamharu 2017 was published in Nepal Gazette on 2017-7 -15

Abasyak padartha niyantran(adhikar) Ain 2017 was published in Nepal Gazette on 2017-11-6

Abasayak bastu samrakshan (pratham samsodhan) Ain 2018 was published in Nepal Gazette on 2018-9-13, Part II issue 32

Nikasi paithari (Niyantran) Niyamharu,2020 was published in Nepal Gazette on 2020-5-10