Sheikh Hasina, Hon’ble Prime Minister of bangladesh, in her inaugural speech at the South Asian Right to Food Conference held in May 2015, stated that Bangladesh would continue playing a pivotal role in formulating and implementing an appropriate legal framework in ensuring food and nutrition security for the people in all the Asian countries.     

Meanwhile, Article 36, under the new constitution of Nepal guarantees the Right to Food, the protection from Food Insecurity, and the Right to Food Sovereignty as enforceable fundamental rights following the obligation from international legal Frameworks and Treaties - International Covenant on Economic, Social and Cultural Rights (ICESCR).

Inspired by the leadership of Bangladesh and as a follow up to the South Asia Dialogue on the Right to Food, also held in Dhaka in November 2015, a drafting Committee, formed under the supervision of Vice Chairperson of Nepal Law Commission, is reaching out to the concerned communities within the country and, now embarking on learning from the experiences of other countries – starting from Bangladesh with an aim to:

-        Strengthen the partnership with the Bangladesh counterparts;

-        Discuss ongoing legislative and policy processes in Bangladesh;

-        Learn from each other’s experiences on the right to food and FSN policy processes;

-        And, reflect on enhancing the effectiveness of coordination and collaboration to further promote the right to food and FSN policy-making in Nepal.

Top officials from Nepal Law Commission and Ministry of Law and Justice and the Ministry of Agricultural Development, Nepal, accompanied by right to food team/legal expert from FAO Nepal paid a visit Bangladesh with a 3-day mission on “Learning-Sharing of Right to Food Legislation from Bangladesh” on 17 – 19 July 2016. 

The mission was facilitated and managed by FAO Representation in Bangladesh.

During an introductory meeting with the Nepal team, Mr Mike Robson, FAO Representative in Bangladesh reminded the team of the three key pillars of food security (availability, access and utilisation), and explained that  although Bangladesh already has a Right to Food provision (Article 15 - Provision of basic necessities and Article 18 - Public health and morality) in the Constitution of Bangladesh, there is no system of recourse if this Right to Food is infringed. “FAO Bangladesh is helping to bridge the gap between the non-governmental organizations and the Government regarding the implementation of a more enforceable Right to Food"

In discussing, Chairman, Bangladesh Law Commission (Former Chief Justice) A. B. M. Khairul Haque described major provisions of the proposed Food Security Act 2016 (currently under progress) which particularly focused on strengthening supply chain of food at the very local levels - upazillas.    

To get a clear understanding of the food and nutrition security issues affecting Bangladesh, the Nepalese delegation met Mr Naser Farid, Director General, Food Monitoring and Planning Unit (FPMU). FPMU is currently coordinating 13 ministries, 40 agencies/departments in the country investment plan (2011-2016) for food security, and playing a key role to monitor the plan.

Mr Farid pointed out that Bangladesh Food Safety Authority and Consumer Rights Protection Department and Consumer Rights Protection Act are designated to address disputes between the food producers and food consumers.

“The interests of the end consumers are carefully protected. If needed, issues can also be addressed through necessary intervention. Hence, prices are set in a more transparent and logical way. The open market sale program is run to protect consumers. We learned a lesson from the experience of 1974 famine, and it made us put utmost significance on addressing food issues. We hope to roll out the full programme successfully within five years.” He added.

On the 2^nd day, Monday, 18 July 2016, during a knowledge sharing session, the Nepalese team exchanged views with Mr. Snehal Soneji, Country Director, OXFAM Bangladesh and other Civil Society members. Most of the Civil Society stakeholders argued in favour of  the need for the legislation. 

While discussing the Pros and Cons of wide ranged issues –institutional management of resources during emergency and for vulnerability, regional linkage of food, food bank and seed bank, role of civil society monitoring in Nepal, the civil society and INGOs who are working on Right to Food in Bangladesh look forward to Nepal's implementation of the Right to food Act, which can provide valuable input to Bangladesh in due the course.

At Bangladesh Secretariat, in a discussion with the Nepal Law Commission team, Mr. Nuruzzaman Ahmed MP, Hon’ble State Minister, Social Welfare and Dr. Chowdhury Md Babul Hassan, Secretary, Ministry of Social Welfare asserted that despite lagging behind in some social welfare issues, Government is taking highest measures in installing proper food management, distribution and ensuring accessibility. The government is running almost 154 social welfare programs; most of them are related to food. 

During a constructive discussion with the Nepalese delegates and FAO team, Dr. Shirin Sharmin Chaudhury, MP, and Hon’ble Speaker of Bangladesh Parliament expanded her position against passing a separate law on ‘Right to Food’ urging that the other policies should not affect the details of Right to Food. 

The Hon’ble Speaker said, "We have Right to Food provision in the constitution, and policies are made accordingly to reflect the constitution. Passing a law is easy, but the most important part is to comply with the legal obligation".

She later added, “There is no need of separate law for Right to Food since the constitution itself is a supreme law – that ensures people’s right to food. Even if we make legislation, it must be specific. The right to food should not be about whether the state should feed its citizens but rather it's about the management of food and it is secured in the constitution. The state should make the environment or if needed make some provisions so that the people could enjoy Right to Food”.

The Speaker advised that the Government of Nepal, instead of passing a brand new law, could make provision of policies and institutional arrangements that guarantee the Right to Food. 

On Tuesday, 19 July 2016, during a meeting with Nepal Law Commission and FAO team at Bangladesh Secretariat, Ms Matia Chowdhury, Hon’ble Minister of Agriculture said “Land belongs to private sectors. Government cannot force them to use for any particular use. Urbanization, modernization and commercialization affect agriculture but nevertheless they are the ground reality. But in facing the growing population and decreasing amount of agricultural land, Government has decided to focus on increasing productivity. We have tripled the productivity using scientific technology. Beside rice production, we have diversified production, and often prompted during off season production”

Agriculture Minister highlighted that Bangladesh is now ranked third fastest growing producer in the world in Vegetable production. Bangladesh has been practicing hybrid technology for rice and vegetables since 1975 and, GM technology since 2009. Ms Chowdhury advocated for more pragmatic approach is needed in tackling all these issues, and she said that rejuvenation needs to be achieved on its own, following situation specific actions.

Later on the day, in a broader discussion with the Nepal Delegation, Mr Anisul Huq M.P, and Hon’ble Minister of Law, Justice and Parliamentary Affairs stressed that Right to Food is right to pure food. He mentioned that ‘Right to Food’ is the basic right to provide safeguard to the right of the people and it is all about the ensuring the quality of food as well as the approaches to food.

By the end of the official mission, the Nepal Law Commission had gained a broad overview of the different perspectives of the key stakeholders, as well  the dynamic picture of the agriculture sector of Bangladesh. Mr. Bhesh Raj Sharma, Vice-Chairperson, Nepal Law Commission, and Head of the delegation expressed his gratitude to Mr Mike Robson and FAO Bangladesh for facilitating the mission.

The 8-person Nepal Law Commission team included M. Bhesh Raj Sharma, Vice-Chairperson, Nepal Law Commission, Mr Mani Ram Ojha, Acting Secretary, Nepal Law Commission, Ms. Indira Dahal, Joint Secretary, Nepal Law Commission, Ms. Muna Sharma, Under Secretary, Nepal Law Commission, Mr. Himal Chandra Aryal, Section Officer, Nepal Law Commission, Mr. Bigyan Koirala, Section Officer, Nepal Law Commission, Mr. Raju Prasad Chapagain, Legal Expert on Right to Food and Ms. Indra Maya Shankar, National Lead Consultant on Right to Food.  

Media Link: http://en.prothom-alo.com/bangladesh/news/112513/Nepal-Law-Commission-FAO-team-meets-Speaker