00002 food legislation bangladesh
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Legislative Measures Relating to Food Security in South Asia:
A Case Study of Bangladesh
Prepared by
Bangladesh Environmental Lawyers Association (BELA)
Dhaka, Bangladesh
January, 2014
Table of contents
List of tables .......................................................................................................... i
List of figures ........................................................................................................ i
List of boxes .......................................................................................................... i
Abbreviations and Acronyms .............................................................................. ii
1. Introduction .......................................................................................................1
2. Food as a right ...................................................................................................1
3. Food security: Bangladesh perspectives ...........................................................4
4. Food legislation in Bangladesh .........................................................................8
4.1. Food in the Constitution.....................................................................8
4.2. Basic laws on food .............................................................................9
4.3. Laws relating to crop agriculture .....................................................15
4.4. Laws relating to non-Crop agriculture .............................................21
4.5. Laws on land use, administration and management ........................28
5. Policy and planning frameworks ....................................................................30
5.1. Policies on food...............................................................................30
5.2. Policies on crop agriculture ............................................................32
5.3. Policies on non-crop agriculture .....................................................37
6. Institutional setup ...........................................................................................38
7. Conclusion .....................................................................................................42
i
List of tables Table 1: Performance of agriculture compared to other sectors
Table 2: Changes in the share (%) of sub-sectors to agricultural GDP
Table 5: List of food-related legislation in Sri Lanka
List of figures
Figure 1: Share of allocation for food security programmes
List of boxes Box 1: Bangladesh at a glance Box 2: Food security at a glance Box 3: Petition against radioactive milk-powder Box 4: Objectives of the National Food Policy 2006
ii
Abbreviations and acronyms
WHO World Health Organization FAO Food and Agricultural Organization MDG Millennium Development Goals IFPRI International Food Policy Research Institute GHI Global Hunger Index WFP World Food Program OMS Open Market Sales FFW Food for Work VGD Vulnerable Group Development VGF Vulnerable Group Feeding TR Tests Relief BFSA Bangladesh Food Safety Authority ISO International Organization for Standardization BAISSC Bangladesh Agricultural Inputs Supply and Services Corporation SAT State Acquisition and Tenancy Act BFDC Bangladesh Fisheries Development Corporation PoA Plan of Action CIP Country Investment Plan NAP National Agriculture Policy IPM Integrated Pest Management NAEP New Agricultural Extension Policy NSP National Seed Policy DoF Department of Fisheries CIP Country Investment Plan for food security FSER Food Safety Emergency Plan BLAST Bangladesh Legal Aid and Services Trust BFSA Bangladesh Food Safety Authority FPMU Food Planning and Monitoring Unit CIP Country Investment Plan for food security FSP Food Safety Policy FSER Food Safety Emergency Plan
1
1. Introduction
Food is a substance that is consumed to provide nutritional support for the body1. It is a
basic need of every human being and should be made available to all, irrespective of
caste, creed, religion, race and nationality. Everyone must have the human right to
adequate food. A household is considered food-secure when its occupants do not live in
hunger or fear of starvation2. So the right to food is closely related to the concept of 'food
security'3. The latter describes a situation in which the right to food has been realized,
while the former embodies a legal obligation to this end. Thus, food security refers to the
availability of food and one’s access to it.
According to the World Food Summit (1996), “Food security exists when all people, at
all times, have physical and economic access to sufficient, safe and nutritious food which
meet their dietary needs and food preferences for an active and healthy life”. Food
security encompasses many issues ranging from food production and distribution to food
preferences and health status of individuals. The World Health Organization (WHO)
defines three facets of food security: food availability, food access, and food use. Food
availability is having sufficient quantities of food available on a consistent basis. Food
access is having sufficient resources, both economic and physical, to obtain appropriate
foods for a nutritious diet. Food use is the appropriate use based on knowledge of basic
nutrition and care, as well as adequate water and sanitation. The Food and Agricultural
Organization (FAO) adds a fourth facet: the stability of the first three dimensions of food
security over time4.
2. Food as a right
Several instruments under international law have recognized the human right to adequate
food. In 1941, U.S. President Franklin D. Roosevelt in his Four Freedoms speech,
included “freedom from want” as one of the freedoms that later formed part of the 1945 1 Encyclopedia Britannica 2 FAO Agricultural and Development Economics Division (June 2006). Food Security (2). Retrieved June 8, 2012 3 Prove, Peter N. "Human Rights in Trade and Investment Agreements: The Legal Framework of Economic Globalization, and the Right to Food" 4 FAO Agricultural and Development Economics Division (June 2006). Food Security (2). Retrieved June 8, 2012
2
United Nations Charter5. The right to food is upheld by the Universal Declaration of
Human Rights, 1948 which provides that everyone has the right to a standard of living
adequate for the health and well-being, including food6.
The International Covenant on Economic, Social and Cultural Rights, 1966 deals more
comprehensively than any other instrument with this right. Reiterating the Universal
Declaration of Human Rights with regards to the right to an adequate standard of living,
Article 11.1 of the Covenant recognizes "the right of everyone to an adequate standard of
living for himself and his family, including adequate food, clothing and housing, and to
the continuous improvement of living conditions" and Article 11.2 recognizes that
measures need to be taken to ensure "the fundamental right of everyone to be free from
hunger". States that are parties to the Covenant have the obligation to respect, protect,
and fulfill the right to food. Describing the various state obligations derived from the
Covenant regarding the right to food, the Committee on Economic, Social and Cultural
Rights7 in 1999 adopted the General Comment No. 12 titled ‘The Right to Adequate
Food’. The 2009 Optional Protocol to the International Covenant on Economic, Social
and Cultural Rights makes the right to food justiciable at the international level.
To resolve the world food problem within the broader context of development and
international economic co-operation, the World Food Conference in 1974 adopted the
Universal Declaration on the Eradication of Hunger and Malnutrition8 that clearly stated
that every man, woman and child has the inalienable right to be free from hunger and
malnutrition in order to develop fully and maintain their physical and mental faculties
and it is a fundamental responsibility of governments to work together for higher food
production and a more equitable and efficient distribution of food between countries and
within countries. The Declaration emphasized formulating appropriate food and nutrition
policies in order to ensure adequate nutrition for all. 5 Article 1(3) of the United Nations Charter, 1945 6 Article 25 of the Universal Declaration of Human Rights, 1948 7 Established in 1987 to oversee the implementation of the International Covenant on Economic, Social and Cultural Rights, 1966 8Adopted on 16 November 1974 by the World Food Conference convened under General Assembly Resolution 3180 (XXVIII) of 17 December 1973; and endorsed by General Assembly Resolution 3348 (XXIX) of 17 December 1974
3
The Convention on the Elimination of All Forms of Discrimination against Women, 1979
calls on the state parties to ensure appropriate services to women including adequate
nutrition9. The Convention on the Rights of the Child (1989) calls on the state parties to
take appropriate measures to combat disease and malnutrition through the provision of
adequate nutritious foods and clean drinking-water10. The Convention also recognizes the
right of every child to a standard of living adequate for the child's physical, mental,
spiritual, moral and social development and calls upon the state parties to take
appropriate measures to implement this right particularly with regard to nutrition,
clothing and housing11.
At the 1996 World Food Summit, governments reaffirmed the right to food and
committed themselves to halve the number of hungry and malnourished from 840 to 420
million by 2015.
The Commission on Human Rights in its Resolution 2000/10 on the right to food
reaffirms the right of everyone to have access to safe and nutritious food, consistent with
the right to adequate food and the fundamental right of everyone to be free from hunger
so as to be fully able to develop and maintain their physical and mental capacities, and
encourages all states to take steps with a view to progressively achieve the full realization
of the right to food, including steps to promote conditions for everyone to be free from
hunger and as soon as possible fully enjoy the right to food.
The UN Special Rapporteur on this right has defined it as "the right to have regular,
permanent and free access, either directly or by means of financial purchases, to
quantitatively and qualitatively adequate and sufficient food corresponding to the cultural
traditions of the people to which the consumer belongs, and which ensures a physical and
mental, individual and collective, fulfilling and dignified life free of fear"12.
9 Articles 12(2) of the Convention on the Elimination of All Forms of Discrimination against Women, 1979 10 Article 24 11 Article 27 12 Ziegler, Jean. "Right to Food: Commission on Human Rights" (E/CN.4/2002/58, 10 January 2002)
4
The Millennium Development Goals (MDG) adopted in 2000 set a target to eradicate
extreme poverty and hunger by 201513. In 2004, FAO adopted the Right to Food
Guidelines, offering guidance to states on how to implement their obligations on the right
to food.
The Convention on the Rights of Persons with Disabilities, 2007 recognizes that persons
with disabilities have the right to the highest attainable standard of health without
discrimination on the basis of disability14.
In 2012, the Food Assistance Convention was adopted, making it the first legally binding
international treaty on food aid.
3. Food security: Bangladesh perspectives
Food security, an important element of poverty alleviation, is a priority focus of the
government of Bangladesh. Despite significant progress in domestic food grains
production, Bangladesh is still facing food insecurity. Forty per cent of the population
lacks the resources to acquire enough food15. The persistent challenges in achieving food
security remains scarcity of land, continued growth of population, access to education
and health facilities, employment opportunities, market access, purchasing power, a
deteriorating natural resource base, natural disasters and erratic climate patterns, impact
of globalization, trade rules, and so on.
In Bangladesh, the major source of production of food for the people is agriculture which
is considered to be the backbone of the country’s economy. Bangladesh has a total area of
14.85 million ha land of which 62 per cent (8.2 million ha) is arable. Around 60 per cent
of the total labor force is involved in the agriculture sector. Agricultural growth is crucial
for making food available for the growing population.
13 MDG, Goal 1 14 Articles 25
15 National Strategy for Accelerated Poverty Reduction II (FY 2009-11)
5
Box 1: Bangladesh at a glance
Source: BBS-2011-12
Agricultural growth has accelerated from less than 2 per cent per year during the first two
decades after Independence to nearly 4 per cent during the last decade. The acceleration
of growth has rather come from increased growth of fisheries, forestry and livestock than
from the crop sector. The crop sector has remained the most important sector of
agriculture, accounting for almost 12 per cent of the GDP and 56 per cent of the
agricultural value added. The crop sector provides staple food, rice, wheat and other daily
necessities such as pulses, oil, sugar, vegetables and spices. Rice is the principal
economic activity and a sensitive commodity that affects socio-economic and political
stability. The crop sector thus occupies an important place in the policymaking of the
country16. Non-crop agriculture (livestock, poultry and fisheries) also plays a significant
role in the country’s economy.
16 Sixth Five Year Plan of Bangladesh 2011-2015 (Volume 2)
Total Area 147,570 Sq Km
14.85 million ha.
Total Population 160 million (Growth rate: 1.48)
Population in Agriculture
62.3%
Labour Force 36.74%
Net Cropped Area 8.20 million ha
Irrigated Area 53%
Cropping Intensity 181%
Major Crops Rice, Wheat, Maize, Potato, Jute, Sugarcane, Fruits &
Vegetables, Pulses and Oilseeds
6
Table 1: Performance of agriculture compared to other sectors
2001/02
to
2008/09
1996/97
to
2000/01
1991/92
to
2000/01
1981/82
to
1990/91
1975/76
to
1999/00
1975/76
to
1990/91
Agriculture
Crops
Forestry
Livestock
Fisheries
Non-Agriculture
Gross domestic product
3.8
3.4
4.9
5.0
3.6
6.4
6.0
4.8
4.7
4.8
2.7
6.2
5.4
5.2
3.4
2.3
3.9
2.8
7.1
5.4
4.9
1.9
1.8
0.8
2.8
1.8
4.7
3.9
2.2
1.8
3.3
3.4
3.0
5.4
4.1
2.0
2.0
3.6
1.6
0.0
4.8
3.6
Source: Sixth Five Year Plan of Bangladesh (2011-2015)
Table 2: Changes in the share (%) of sub-sectors to agricultural GDP
Year Crops Livestock Forestry Fisheries Agriculture Sector
FY81-FY83
FY91-FY93
FY01-FY03
FY07-FY09
65
64
58
56
13
13
12
13
7
7
8
8
15
17
22
22
100
100
100
100
Source: Sixth Five Year Plan of Bangladesh (2011-2015)
The International Food Policy Research Institute (IFPRI), Concern Worldwide and
Welthungerhilfe in its October 2012 Global Hunger Index (GHI) lists Bangladesh as the
68th hungriest nation among 93 countries, meaning that the country’s hunger still remains
within the ‘alarming’ range. Forty per cent of the population lacks the resources to
acquire enough food17. According to the World Food Program (WFP), nearly half (45 per
cent) of the country’s population is food insecure (<2122 kcals/person/day), and nearly
one-quarter (23.9 per cent) of the population is understood as severely food insecure
(consuming less than 1805 kcals/person/day).
17 National Strategy for Accelerated Poverty Reduction II (FY 2009-11)
7
Box 2: Food security at a glance
Calorie Supply per Capita 2007 2,281
Population undernourished 2005-2007 27.00%
Children undernourished 2003-2009 46.00%
Under 5 Mortality Rate (per 1,000) 2010 48.00
Source: WFP
The government has been making efforts to combat the challenge of food security in the
country, by augmenting domestic production of foodgrains through technological
innovations, investments in irrigation, infrastructure development and subsidies. To
improve the socioeconomic situation of people living below the poverty line and to
ensure food security in the country, the authorities have implemented various
programmes that include: (i) Open Market Sales (OMS); (ii) Food for Work (FFW); (iii)
Vulnerable Group Development (VGD) Programme; (iv) Vulnerable Group Feeding
(VGF) Programme; (v) Tests Relief (TR); (vi) Gratuitous Relief; (vii) Food Aid to
Chittagong Hill Tracts (CHT) Area People; (viii) Food Subsidy; and (ix) Employment in
Char18 Areas. Of these FFW, VGD, VGF, TR and GR are the major programs under
which 1.672 million MT of food worth Tk. 0.46 billion was distributed in 2007-0819.
Due to the rise in food prices and other basic essentials, the government announced a
significant expansion of food security oriented safety net programmes for 2008-09.
Allocation for food security programmes within Social Safety Net Programmes (SSNP)
in FY2013 is 3.67 per cent of the total budget, which is 30.89 per cent of the total SSNP
budget, and 0.67 percent of the GDP. The percentage share of food security in SSNPs
(based on the share of total budget and GDP) is lower than FY2012. Moreover, allocation
for VGD and VGF has declined by (-) 15.86 per cent and (-) 14.89 per cent, respectively.
In addition, allocation for TR has also declined by (-) 2.44 per cent in FY2013 compared
to the FY2012 budget20. Several national legislations, policies and plans have also been
formulated integrating various issues of food security and safety
18 Riverine sand and silt and masses are known as char in Bengali 19 National Strategy for Accelerated Poverty Reduction II (FY 2009-11) 20 Center for Policy Dialogue: Analysis of the National Budget for FY2012-13
8
Figure 1: Share of allocation for food security programmes
Source: Center for Policy Dialogue: Analysis of the National Budget for FY2012-13
4. Food legislation in Bangladesh 4.1. Food in the constitution
Bangladesh has explicitly recognized the right to food within the constitution as a
directive principle, or goal. Article 15 (a) of the Constitution of the Peoples’ Republic of
Bangladesh recognizes the fundamental responsibility of the state to secure its citizens
the provision of the basic necessities of life including food. There is, therefore, a clear
commitment on the part of the state to ensure access to food for the needy. Article 16
states that rural transformation has to be brought through the agricultural revolution.
Article 18 of the Constitution says that raising the level of nutrition and improving public
health is the State’s primary duty.
All these Articles imply that food security and safety requirements for consumers must be
ensured by the state through enactment of appropriate laws. Moreover, the Constitution
enshrines the ‘right to life’ and personal liberty as a fundamental right. As decided by the
Supreme Court, the concept of ‘right to life’ does include a right to a decent, healthy and
dignified environment21. The Constitution recognizes work as a right and duty22 and also
guarantees equality of opportunity in public employment23 and equality before law24. All
21 In a judgment dated 1 July, 1996 the Supreme Court has given judicial recognition that ‘right to life’
includes right to sound environment 22 Article 20 of the Constitution of the People’s Republic of Bangladesh 23 Article 29 of the Constitution of the People’s Republic of Bangladesh 24 Article 27 of the Constitution of the People’s Republic of Bangladesh
9
these have little meaning when the basic human equality that comes with adequate food
and water is denied.
Box: 3 Petition against radioactive milk-powder
Dr. Mohiuddin Farooque v. Bangladesh & others
Writ Petition No. 92 of 1996
This petition was filed by Dr. Farooque, the founder of BELA, as a potential consumer seeking
redress against the failure of the authorities in taking effective and efficacious measures to deal
with a consignment of 125 metric tons Skimmed Milk Powder imported to Bangladesh. The milk
was found by the Atomic Energy Commission to be containing high concentration of
radioactivity. It was argued that if the Constitutional right to life is to have meaning, consumers
must be protected against all unscrupulous activities aimed at releasing the consignment of
radioactive milk to the market. The Judgment addressed some vital issues for the first time.
While the authorities were directed to adopt necessary measures to ensure proper testing of the
milk, the scope of the Constitutional right to life was broadened.
4.2. Basic laws on food
i. The Penal Code, 1860 (Act No. XLV of 1860) – The Code describes
adulteration of food or drink25 and sale of noxious food or drink26 as offences
affecting the public health and safety. Any person committing such offence
shall be punished with imprisonment of either description for a term which
may extend to six months, or with fine which may extend to one thousand
taka, or with both.
ii. The Essential Articles (Price Control and Anti-Hoarding) Act, 1953 (Act No.
XXII of 1953) - This Act was promulgated to control the supply and
distribution of, and trade and commerce in, certain limited number of essential
commodities including food. The Act empowers the government to fix the
maximum price of an essential article at the retailer, wholesaler and at any
other levels27. The Act provides prohibition against purchase, sale, etc., at
prices exceeding the maximum price28.
25 Section 272 26 Section 273 27 Section 3 28 Section 4
10
iii. The Control of Essential Commodities Act, 1956 (Act No. I of 1956) - This Act
was formulated to provide powers to control the production, treatment,
keeping, storage, movement, transport, supply, distribution, disposal,
acquisition, use or consumption of, and trade and commerce in, certain
commodities. Foodstuffs have been defined as an essential commodity under
this Act29. This law has clear provision as to the penalty and the procedure to
impose the penalty, if any person contravenes any provision of this Act30.
Making false statement or furnishing false information is a punishable offence
under this Act31.
iv. The Food (Special Courts) Act, 1956 (Act No. X of 1956) - This Act appoints
Special Magistrates to try and punish contraventions of any notified order in
respect of foodstuffs32. If any person commits an offence punishable under
this Act, that person shall be punishable with an imprisonment for a term
which may extend to three years or with a fine or with any one or both of
them and the Court of Special Magistrate, trying such offence, may direct that
any foodstuffs, in respect of which the said Court is satisfied that a notified
order has been contravened, shall be forfeited to the Government33.
v. The Essential Commodities Act, 1957 (Act No. III of 1957) - This Act was
passed for price control and regulation of trade and commerce between
different areas in Bangladesh, in respect of certain commodities listed in its
preamble.
vi. The Pure Food Ordinance, 1959 (Ordinance No. LXVIII of 1959) as amended
by the Bangladesh Pure Food (Amendment) Act, 2005 (Act No. XXVII of
2005) - This Ordinance defines “food” 34 as any kind of edible oil, fish, fruit,
meat or vegetable or any other article used as food, drinking water or any
other drink for human consumption, other than any drug, and includes ice,
aerated water, carbonated water or any substance whether processed, semi
29 Section 2(a)(i) 30 Section 6 31 Section 9 32 Section 4 33 Section 6 34 Section 3(5)
11
processed or raw or any substance which has been used in the manufacture,
preparation or treatment of food and those articles which will be notified by
the Government from time to time, and-
(a) any substance which is intended for use in the composition or
preparation of food,
(b) any permitted flavouring matter or any spice or condiment, and
(c) any food grade colouring matter, preservative, anti oxidant and other
additives intended for use in food.
The Ordinance provides norms for processing products, to be consumed as
food, in order to avoid any adulteration that could harm consumers. The
Ordinance appoints Public Analysts of Food to analyze or examine suspicious
adulterated food articles and certify the result of such analysis35.
A 16-member National Food Safety Advisory Council was constituted under
the Ordinance36 in 2005 to advise the Government on matters related to food
safety; standards and quality control (National and Codex Standard) for food;
policies and strategies related to food safety and quality control; etc37.
Furthermore, the Ordinance has provisions for prohibition of manufacture or
sale of food not of proper nature, substance or quality38; prohibition of sale or
use of poisonous or dangerous chemicals, intoxicated food colour39;
prohibition of manufacture or sale of food not of proper standard of purity40;
prohibition of manufacture or sale of anything similar to or resembling an
article of food41; prohibition of keeping adulterants in places where food is
manufactured or sold42; prohibition of sale of diseased animals and
35 Section 4 36 Section 4A 37 No meeting of the Council was held in last eight years since the body was formed 38 Section 6 39 Section 6A 40 Section 7 41 Section 14 42 Section 16
12
unwholesome food intended for human consumption43 and prohibition of use
of false labels44 and false advertisement45.
The Ordinance has provisions for an Inspector46 who, when appointed by the
Government or the local authority, shall have the power to seize the food that
is believed to be adulterated47.
The Ordinance has a provision for establishing the Pure Food Court and
empowers it to cause any article of food, or ingredient used in the manufacture
thereof or substance capable of being so used, to be sent for analysis to the
Director of Public Health Laboratory, Bangladesh, or to such other person as
the Government may appoint by general or special order for the purpose48.
This five-decade old law will be repealed soon and a new law will come into
force. The new draft was approved in principle by the cabinet on July 1, 2013.
The draft proposes the formation of a National Pure Food Management
Advisory Council, headed by the food minister and consisting of members
from different ministries and government, private and academic agencies.
Besides, it also seeks to form a unified authority – namely the Bangladesh
Food Safety Authority (BFSA) comprising a chairman and five members. It
proposes forming as many food courts as deemed required to check the
adulterations.
The new draft proposes the inclusion of over 200 food commodities49.
According to the draft law, anyone found guilty of mixing life-threatening
chemicals in food would be sentenced either to seven years’ imprisonment or
43 Section 17 44 Sections 18 45 Sections 19 46 At present there are only 565 sanitary inspectors working across the whole country 47 Section 34 48 Section 32(1) 49 The 1959 Ordinance covered only 8 food commodities
13
fined one million taka, or both. If anyone repeats the offence, the punishment
is to be doubled.
Initially, the draft had proposed the death penalty for such offences. But later
the punishment was lowered on the recommendations of different
stakeholders. Once enacted by the Parliament, the new law would replace the
existing food quality control system that involves as many as 15 ministries
and their agencies in inspection and law enforcement.
But the new law lacks in providing a comprehensive definition of food to
incorporate the nutrition aspect to it. Though the law, in Section 21, has
banned GM food, it has imposed some conditions for banning as well.
Furthermore, the law has not proposed any punitive measures to support the
ban of GM food. The draft ensures legal actions only against people who
produce lethal food items, but fails to prescribe punishment against those
producing unhygienic food items unless these cause death to people. There is
no guideline for setting up new laboratories for examining the nutritional
value of food items. Provisions related to the people’s right to food, including
accessibility and affordability of food, also need to be included in the draft.
vii. The Bangladesh Pure Food Rules, 1967 - These Rules set the generic
standards for 107 food products. Under these Rules the Ministry of Local
Government performs inspection services at the point of sale in markets and
retail outlets. The Ministry of Commerce grants import licenses for food.
viii. The Foodgrains Supply (Prevention of Prejudicial Activity) Ordinance, 1979
(Ordinance No. XXVI of 1979) - The ordinance provides special measures for
prevention of prejudicial activity relating to the storage, movement,
transshipment, supply and distribution of food grains. It provides a basis for
the protection against false statement or information50.
ix. The Breast-Milk Substitutes (Regulation of Marketing) Ordinance, 1984
(Ordinance No. XXXIII of 1984) – This Ordinance was brought in to promote
50 Section 3(2)(f)
14
breast-feeding by regulating the marketing of breast-milk substitutes. These
substances are defined as any food represented as a partial or total substitute
for breast-milk. Making, exhibiting, distributing, circulating, displaying or
publishing any advertisement regarding promotion of any breast-milk
substitutes has been prohibited under this Ordinance51.
x. The Bangladesh Standards and Testing Institution Ordinance, 1985
(Ordinance No. XXXVII of 1985) as last amended by the Bangladesh
Standards and Testing Institution (Amendment) Act, 2003 (Act No. XXVII of
2003) and the Bangladesh Standards and Testing Institution Rules 1989 made
there under - The Ordinance provides for the establishment of an institution
for standardization, testing, metrology, quality control, grading and marking
of goods. Within the framework of this ordinance, the government established
the Bangladesh Standards and Testing Institution (BSTI) in 1985, the only
National Standards body of Bangladesh. It has been entrusted with the
responsibility of formulating national standards relating to materials,
commodities, structures, practices and operations keeping in view the regional
and international standards. It also certifies the quality of materials, whether
for local consumption or for export and import. There are currently 151
standards covered by BSTI of which 58 are food standards. Enforcement of
standards includes removal from market of non-standard products. The
Institution became a member of the International Organization for
Standardization (ISO) in 1974. At present, BSTI is the Codex Focal Point for
Bangladesh.
xi. The Consumer Rights Protection Act, 2009 (Act No. 26 of 2009) - The Act has
provisions for the protection of consumer rights and for prevention of acts
against consumer rights and interests and other relevant issues. It explains the
activities that are against consumer’s rights such as - selling at a higher price,
selling any adulterated medicine or product, selling any product which has a
mixture of any other product, deceiving people with false or untrue
advertisements, not supplying proper goods for the price paid, making
51 Sections 3 and 4
15
counterfeit products, selling date-expired products and so on52. The Act lists
various actions to be taken by the concerned authorities against the production
of items or services that are likely to induce grave or imminent dangers to
public health. It envisions the establishment of a Consumer Right Protection
Council consisting of 29 members53; establishment of the District
Committee54, Upazila Committee and Union Committee55 and a Department56
to be headed by a Director General (DG). The Act allows a person to lodge a
complaint before the DG, or any authorized person, within 30 days from the
date of emergence of the cause. Upon receiving the complaint, the DG has the
power to take all necessary measures to protect the consumer’s right and to
prevent any act against it. Punishment for the various acts against consumer’s
rights and interests, and for violation of the provisions of this Act, has been
clearly laid down in the Act57.
4.3. Laws relating to crop agriculture
4.3.1. Agriculture and irrigation
i. The Canals Act, 1864 (Act V of 1864) – This act relates to the collection of
tolls on canals and other lines of navigation. It also makes provisions for the
construction and improvement of lines of navigation. Under this Act, the
government may take possession, of any land that may be necessary for the
execution of any works as prescribed by the act58.
ii. The Irrigation Act, 1876 (Act III of 1876) – It empowers the government to
use water from any river or stream flowing in a natural channel, or of any lake
or other natural collection of still water, for the purpose of any existing or
projected canal59. While exercising such authority, persons who sustain any
52 Section 2(20) 53 Section 5 54 Section 10 55 Section 13 56 Section 18 57 Sections 37-56 58 Section 3 59 Section 6
16
loss in a way as specified in this act shall be properly compensated60. If any
supply of drinking water is substantially deteriorated or diminished, by any
works undertaken in accordance with a declaration made by the government
under this act, the concerned authority shall be bound to provide adequate
facilities at the nearest point61. In case of any accident being apprehended or
happening to a canal or flood-embankment, the authority concerned shall take
all preventive measures62. For the prevention of injury to public health or
public convenience or to any canal or to any land for which irrigation is
available arising from the obstruction of any river, stream or natural drainage
course, the authority may take necessary measures in removing such
obstruction63. The act has provisions to construct and maintain village-
channels upon consent of the owners of the respective lands64 and if any
person desires to receive water through such channels that person may make a
private arrangement with the owner or the concerned authority65.
iii. The Agricultural and Sanitary Improvement Act, 1920 (Act VI of 1920) – This
act relates to the construction of drainage and other works for the
improvement of agriculture and sanitary conditions. It empowers the Collector
to undertake such works, either of his own volition or on request from local
inhabitants66. The scheme shall be finalized only on consideration of
objections as may be received67 and every person, whose right to fishery, right
to the use of water etc. is injuriously affected shall be entitled to compensation
under the Act68.
iv. The Tanks Improvement Act, 1939 (Act No. XV of 1939) – It primarily
concentrates on the improvement of irrigation tanks. The law enunciates the
60 Section 9 61 Section 12 62 Section 35 63 Section 40 64 Section 59 65 Section 66 66 Section 3 67 Section 6 68 Section 23
17
procedural matters regarding acquisition of tanks, that have fallen into
disrepair or disuse, and their improvement and use for irrigational purposes69.
v. The Agricultural Development Corporation Ordinance, 1961(Ordinance No.
XXXVII of 1961) – The ordinance allowed a corporation called the Bangladesh
Agricultural Development Corporation to be established for the purpose of
increasing agricultural production in Bangladesh. In 1975, BADC was
renamed the Bangladesh Agricultural Inputs Supply and Services Corporation
(BAISSC) to distinguish the functions of the corporation from other
development agencies of the government in the agricultural sector. But for all
practical purposes the government restored the status quo and BAISSC was
again renamed BADC through the Agricultural Inputs (supply and services)
Corporation (amendment) Ordinance, 1976. The mandatory or primary
functions assigned to BADC under the 1961 Ordinance were: to make suitable
arrangements throughout Bangladesh on a commercial basis, for the
procurement, transport, storage and distribution, to agriculturists, of essential
supplies such as seed, fertilizers, plant protection equipments, pesticides, and
agricultural machinery and implements; to promote the setting up of co-
operative societies with a view to handing over to them its supply functions in
accordance with phased programs; to encourage the development of co-
operative societies in other spheres in which the Corporation is interested; to
take over and manage seed multiplication and livestock breeding farms and
fruit nurseries; and to assist, encourage and promote the manufacture of
improved agricultural machinery and implements70.
BADC’s optional functions, in relation to mandatory responsibilities among
others, are to give loans in kind; to assist, encourage and promote the
establishment of industries for the processing of agricultural produce,
formulating or manufacturing of insecticides, pesticides, fungicides etc; and to
69 Section 3 70 Section 13(1)
18
organize the supply, maintenance and operation of lift-pumps and tube-wells,
and set up light workshops for running repairs71.
vi. The Agricultural Produce Markets Regulation Act, 1964 (Act No. IX of 1964)
subsequently amended by the (Agricultural Produce Markets Regulation
(Amendment) Ordinance, 1985 (Ordinance No. XIX of 1985) – This act
provisions the regulation of the purchase and sale of agricultural produce and
of markets where such produce is purchased and sold. This act has a provision
to constitute a District Market Advisory Committee72, to which any dispute
arising between a purchaser and a seller will be referred for amicable
settlement or for arbitration73. The act stipulates that every Market Advisory
Committee shall maintain a specified set of standard weights and measures
and shall ensure that such sets are available free of charge to any purchaser or
seller for measurement purposes74.
vii. The Bangladesh Irrigation Water Rate Ordinance 1983 (Ordinance No. XXXI
of 1983) - This ordinance was introduced to impose water rate for supply,
regulation or storage of water for irrigation or drainage. This act deals with
rates that may be imposed by the government for supply or regulation of water
in any area75, remission of the water rates in case crop failure76, free passage
of water for irrigation or drainage77, prohibition relating to diversion of
normal flow of water by obstruction78 and unauthorized use or wasting of
water79.
viii. The Agricultural Labour (Minimum Wages) Ordinance, 1984 (Ordinance No.
XVII of 1984) - This ordinance provisions the fixation of minimum rates of
wages for agricultural labourers. It also has a provision for the constitution of
a Council of Minimum Wages and Prices for Agricultural Labour that shall,
71 Section 13(2) 72 Section 9 73 Section 14 74 Section 15 75 Section 4 76 Section 6 77 Section 8 78 Section 9 79 Section 10
19
upon a reference made to it by the Government, recommend to the
Government, after such enquiry as the Council thinks fit and after
consideration of the economic conditions, costs of living and other relevant
factors, the minimum rates of wages for agricultural labour80.
ix. The Ground Water Management Ordinance, 1985 (Ordinance No. XXVII of
1985) – This Ordinance was passed to manage the ground water resources for
agricultural production. It is mandatory under this ordinance to have license
for installation of tubewells in any place81.
4.3.2. Pest and quality control
i. The Agricultural Pests Ordinance, 1962 (Ordinance No. VI of 1962) - It was
promulgated for the prevention of spread of agricultural pests in Bangladesh.
Under this law the government may prohibit those methods of cultivation that
are responsible for the spread of agricultural pests and transport or sale of
infested crop82. It appoints inspectors83 who can at any time enter and inspect
any land, building, vessel or vehicle, seize any infected crop or destroy it.
Preventive measure as suggested by the concerned authority shall have to be
carried out by the owner of the infested crops. Any area may be declared as
affected area in case of widespread infestation84. Schedules I, II, III and IV of
the Act enumerates a compressive list of agricultural pests.
ii. The Agricultural Pesticides Ordinance, 1971 (Ordinance No. II of 1971) as
amended by the Pesticides (Amendment) Act, 2009 and The Pesticides Rules,
1985 as amended by the Pesticides (Amendment) Rules, 2010 - They came
into force to regulate the import, manufacture, formulation, sale, distribution
and use of pesticides. Registration of all brands of pesticides is mandatory85,
while issuance of registration certificates greatly depends on matters
connected with the impact of any brand upon vegetation, human or animal
80 Section 4 81 Section 5 82 Section 3 83 Section 5 84 Section 9 85 Section 4
20
health86. If any imported pesticide is found to be adulterated or incorrectly or
misleadingly tagged, labeled or named, or if its sale in any way contravenes
any provision of this Ordinance, the Government may prohibit the further
import of the pesticide into Bangladesh87. The ordinance has strictly
prohibited selling or advertising or holding in stock any pesticide unless each
package contains the pesticide, and every tag or label durably attached thereto,
is branded or marked in printed characters88.
iii. Plant Quarantine Act, 2011 - This law regulates the controlled export and
import of plants, microbes, and soil. It strengthens the authority of the
government to take steps to prevent the introduction of alien insects and
diseases into the country. The law replaces a prior statute, the Destructive
Insect and Pest Act, 1914. It prescribes a maximum punishment of two years
of imprisonment and a fine of Tk. 500,000 for producing, carrying, or
distributing prohibited plants or related products.
4.3.3. Seeds and fertilizer
i. The Seeds Ordinance, 1977 (Ordinance No. XXXIII of 1977) as amended by
the Seeds (Amendment) Act, 2005 – The law seeks to regulate the sale of
certain seeds regarding their quality and other matters concerned. In
accordance with the provision of this law, a National Seed Board was
established consisting of 21 members to advise the government on matters
arising out of the administration of this law and to carry out the other
functions assigned to it by or under this law. The Seed Certificate Agency,
also established under the law, is the only authorized body for quality control
of all kinds of seeds in Bangladesh. It has been performing its role for seed
certification of five notified crops (rice, wheat, jute, potato & sugarcane)89.
The Agency certifies and maintains seed quality through field inspection, seed
testing and variety testing.
86 Section 5(4)(d) 87 Section 9 88 Section 10 89 http://www.sca.gov.bd
21
ii. The Fertilizer (Management) Act, 2006 (Act No. 6 of 2006) as amended by
Fertilizer Management (Amendment) Act, 2009 and Fertilizer (Management)
Rules, 2007 made thereunder – They aim to stop the sale of mixtures of
substances, or low-grade fertilizers, in the name of organic fertilizers. In
accordance with the law, quality maintenance, control of adulteration/ low
content fertilizer and its production/ import are being handled strictly.
4.3.4. GMO and bio-safety
i. The Bangladesh Bio-safety Rules, 2012 - The rules were framed to facilitate
research, development and production of genetically modified organisms and
also to deal with their export/import and transboundary movements. They
were developed under provisions of the "Bangladesh Environment
Conservation Act, 1995". Based on the new rules, an individual or a party
may be liable for imprisonment or subjected to fines, if found to have harmed
the environment, within 30 days of an official report. The rules have restricted
the import, export or any other kind of uses of GMOs. Notification has been
made mandatory for transboundary movement or any other uses of GMOs by
the respective ministries. Various committees envisaged by the rules have
already been formed for management of the risks. The overall coordination in
the implementation of the rule has been assigned to the Department of
Environment.
4.4 Laws relating to non-crop agriculture 4.4.1. Fisheries
4.4.1.1. Management of inland fisheries
i. The Private Fisheries Protection Act, 1889 (Act II of 1889) - The history of
fishery related laws dates back to 1889 when this act was enacted for the
protection of fishing rights in private waters. Under this Act, "private water"
means water bodies that are (a) exclusive property of any person; or (b) in
which any person has an exclusive right of fishery, and in which fish are not
confined to but have means of ingress or egress"90. This act prohibits fishing
90 Section 2
22
by any person, not having a right to fish, in any private waters. The erection,
placement, maintenance or use of any fixed engine in private waters for the
purpose of catching or destroying fish without the permission of the owner is
an offence.
ii. The Protection and Conservation of Fish Act, 1950 (Act XVIII of 1950) - The
act defines fish to include all cartilaginous, bony fishes, prawn, shrimp,
amphibians, tortoises, turtles, crustaceans, molluscs, echinoderms and frogs at
all stages in their life history,91 but it does not differentiate between
"protection" and "conservation" by defining the terms. The definition of
"fishery" was long absent in the legal regime and such absence created debate
over the acquisition of the same under the State Acquisition and Tenancy Act
(SAT). The legal regime first defined "Fishery" in 1995 when an amendment
was introduced to the Conservation Act of 1950. For the purposes of the Act,
the term "fishery" meant "any water body, natural or artificial, open or closed,
flowing or stagnant (such as river, haor, baor, beel, floodplain, canal etc.)
where activities for growing fish, or for conservation, development,
demonstration, breeding, exploitation or disposal of fish or of living
organisms related to such activities are undertaken, but does not include an
artificial aquarium of fish used as a decorative article, pond or tank"92. The
1950 Act, although enacted to protect "fish", has purported to regulate some
of the growing concerns of gradual depletion of fishery and fish resources. As
such, the Act has empowered the government to make rules regulating the
depletion of fishery by pollution, trade, effluents or otherwise. Construction of
dams, bunds, embankments and other structures that may be harmful to fish93
are also covered. In addition, the government can also make rules to determine
the seasons, when fishing of prescribed species is prohibited, and fix the
minimum size of the species for fishing. The government may also prohibit all
91 Section 2(1) 92 Section 2(1a) 93 Section 3(3)
23
fishing in all waters or in any specified waters for a specified period and also
the destruction of fishes by drying or de-watering of any fishery94.
iii. The Protection and Conservation of Fish Rules, 1985 - In 1985, a set of
rules95 were made, under the Protection and Conservation of Fish Act, 1950,
to prohibit thoughtless fishing activities. Erection of fixed engines in rivers,
canals, khals and beels96, construction of dams and embankment other than for
irrigation, flood control or drainage purposes97, destruction of fish by
explosives in inland or coastal territorial waters98 or by poisoning/depleting
water99 were prohibited. To facilitate the augmentation and production of fish
species like Shol100, Gazar101 and Taki102 the rules prohibited fishing or
destruction of fish fries or parent fish of these species between 1 April to 31
August. The prohibition was envisaged to allow them a safe journey to the
rivers or any sheet of water that ordinarily has direct communication with any
river, canal, khal or beel. Similarly, the rules also prohibited the catching of
carp fishes like Rui, Catla, Mrigal, Kalbaus103 or Ghania of any size in the
waters of rivers, khals etc. This prohibition came into force in different
periods, between April and July, in different water bodies as specified in the
schedule. This rule, however, excepted pisciculture104. The sale of carps,
Hilsha105, Pungus106, Silon107, Bhola108 and Aor109 below a specified size is
also prohibited during different periods of the year110. The rules have
envisaged the need for further notification to prohibit the catching, carrying
94 Section 3(3) 95 Published in the Official Gazette on 16 October, 1985 96 Rule 3 97 Rule 4 98 Rule 5 99 Rule 6 100 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 50 101 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 51 102 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 52 103 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 12 104 Rule 8 - 1st Schedule 105 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 10 106 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 36 107 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 35 108 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 19 109 Red List of Threatened Fishes of Bangladesh. IUCN Bangladesh. 2000. Listed no. 12 110 Rule 9 - 2nd schedule
24
etc. of frogs within specified periods in specified areas. Subsequent to these
rules, the Export Policy of 1997-2002, also imposed a ban on export of frogs
of all species (live or dead) and frog legs111.
4.4.1.2. Management of marine fisheries
i. The Marine Fisheries Ordinance, 1983 (Ordinance No. XXXV of 1983) - The
Marine Fisheries Ordinance, 1983 was promulgated for the management,
conservation and development of marine fisheries in Bangladeshi waters. The
scope of the ordinance, therefore, covers the territorial waters and economic
zone of Bangladesh as declared under the Territorial Waters and Maritime
Zones Act, 1974112 and other marine waters over which Bangladesh has or
claims to have jurisdiction with respect to the management, conservation and
development of marine living resources113. For the purposes of this ordinance,
"fish" means any aquatic animal, whether piscine or not, and includes any
shell-fish, crustacean, turtle or aquatic mammal, and their young, fries, eggs
and spawns thereof114. "Fishery" means one or more stocks of fish that can be
treated as a unit for the purpose of conservation and management115. The
Marine Fisheries Ordinance, 1983 entrusts the Director of the Marine
Fisheries Department (that now stands merged with the Department of Fishery
as a marine fisheries wing) with the responsibility for the management,
conservation, supervision and development of marine fisheries. The ordinance
introduces a licensing system for marine fishing in the Bangladesh fishing
waters116 and empowers the government to make rules regulating the
conditions of such licensing. The government is empowered to declare any
area of the Bangladesh fisheries waters, and adjacent or surrounding land, to
be a marine reserve117. Punishment has been prescribed for unauthorized
111 Item 11.1.17 of the Export Policy, 1997-2002 112 Act No. XXVI of 1974 113 Section 2(a) 114 Section 2(c) 115 Section 2(d) 116 Section 8 117 Section 28
25
activities in marine reserves like discharge or deposits of waste or any other
polluting matter118.
ii. The Marine Fisheries Rules, 1983 – In 1983, the Fisheries and Livestock
Division under the Ministry of Agriculture framed the Marine Fisheries Rules,
1983119 that was subsequently amended on 28 December, 1992120. Under the
rules, every applicant for a licence of a local or a foreign fishing vehicle must
disclose the method of fishing and the areas and amount to be fished121 to the
licensing authority. All licencees must comply with all relevant laws and rules
regarding the conservation and management of fisheries in Bangladesh122. The
licence holder shall only be allowed to catch such fishes in such quantities,
using such methods and fishing gear as may be authorized in the licence123.
Rule 14 determines the size of nets for shrimp and fish trawl while Rule 15
regulates the area for fishing with each type of net. The prohibited methods of
fishing, under the rules, include fishing with any gear having a mesh size
smaller than specified, use of any kind of explosives, poison and other
noxious substances and electrocuting the marine species of any type124.
4.4.1.3. Quality control
i. The Fish and Fish Products (Inspection and Quality Control) Ordinance,
1983 (Ordinance No. XX of 1983) - The ordinance defines "fish" to include all
cartilaginous and bony fishes, prawns, shrimps, amphibians, tortoises, turtles,
crustacean animals, coelenterates, molluscs, echinoderms and frogs at all
stages of their life history125. The government can make rules that are
necessary, or expedient, for ensuring the quality of fish and fish products for
export and the containers thereof126. "Quality control" for the purposes of this
118 Section 29 119 Published in the Official Gazette on 8 September, 1983 120 Published in the Official Gazette on 3 January, 1993 121 Rule 3 (e -II, III, IV) 122 Rule 7 (b) 123 Rule 7 (c) 124 Rule 16 125 Section 2 (b) 126 Section 3
26
Ordinance shall mean the technique by which conformity of a product to
establish standard is assured127. Section 5 of the ordinance imposes a bar on
the export of any fish and fish products intended for human consumption that
is decomposed, unwholesome or contaminated with pathogenic organisms.
Violation of the provisions of this ordinance may be penalised with
imprisonment, fine or both.
The Ministry of Fisheries and Livestock framed the necessary rules under this
ordinance and published them in the official Gazette On 4 December, 1997.
ii. The Fisheries Development Corporation Act, 1973 (Act No. XXII of 1973) –
This act set up the Bangladesh Fisheries Development Corporation (BFDC) to
establish and develop the fishing industry. It aimed to facilitate activities, like
transportation, preservation, processing, distribution and marketing of fish,
and also set up organizations for the export of fish and fish products128. This
act also defines "fish" to mean any species of fish or aquatic plants and
animals including whales, seals, porpoises, dolphins, turtles, shellfish, oysters,
crustaceans, frogs, ascidians and spawns and eggs of such animals or plants
grown either in salt water or fresh water129.
4.4.1.4. Research on fishery
i. The Fisheries Research Institute Ordinance, 1984 (Ordinance No. XLV of
1984) - The Fisheries Research Institute (FRI) was established, under this
ordinance, and entrusted with the responsibility of coordinating research on
fisheries in Bangladesh to assist in the development of more efficient and
economic methods for fish production, management, processing and
marketing130.
4.4.2. Poultry and livestock
127 Section 2(h) 128 Fisheries Development Corporation Act, 1973, Section 6 129 Fisheries Development Corporation Act, 1973, Section 2 (d) 130 Fisheries Research Institute Ordinance, 1984, Section 6 (a)(b)
27
i. The Livestock Importation Act, 1898 (Act No. IX of 1898) – This act was
promulgated to make better provisions for the regulation of livestock import.
The act defines "live-stock" to include horses, kine, camels, sheep and any other
animal specified by the government by notification in the official Gazette. The
act empowers the Government to regulate, restrict or prohibit the bringing or
taking by sea or land, into Bangladesh or any specified place therein, of any live-
stock which may be liable to be affected by infectious or contagious disorders,
and of any fodder, dung, stable-litter, clothing, harness or fittings appertaining to
livestock or that may have been in contact therewith.
ii . The Livestock Research Institute Ordinance, 1984 (Ordinance No. XXVIII of
1984) - This ordinance provides for the establishment of a Livestock Research
Institute:
(a) to identify and solve the basic livestock problems of the country through
research;
(b) to develop suitable methods for quick diagnosis and treatment of various
livestock diseases;
(c) to study the epidemiology and the existing situation of various bacterial,
viral, fungal parasitic diseases and their pathogenic effects on the
productivity of animals;
(d) to study immunological characteristics of various organisms of important
livestock and poultry diseases and to develop appropriate technology for
production of suitable biologies;
(e) to develop suitable breeds of livestock for increasing production of milk,
meat and drought powers and poultry for eggs and meat;
(f) to develop methods for improving production and preservation of fodder
and feeds, and for better utilisation of agricultural by-products, wastes and
non-conventional foodstuff for improving livestock production;
(g) to improve management practices that will ensure better health and
production of animals and birds;
(h) to evaluate indigenous herbs and shrubs and explore the possibility of
their use as drugs in treatment of livestock diseases;
28
(i) to identify poisonous plants and their effects on animal health and their
remedies;
(j) to develop improved methods for collection, processing and storage of
livestock products that will reduce spoilage and improve storage quality;
(k) to assess the production cost of components of various livestock and their
products;
(l) to identify marketing problems regarding livestock and their products and
develop a suitable system for grading and marketing of livestock products;
(m) to improve livestock production technology;
(n) to disseminate information regarding livestock research to farmers;
(o) to organise seminars, symposiums and workshops on problems of
national importance regarding livestock;
(p) to publish annual reports of the activities of the Institute; and
(q) to perform such other functions as may be necessary for the purposes of
this Ordinance.
4.5. Laws on land use, administration and management
i. State Acquisition and Tenancy Act, 1950 (Act No. XXVIII of 1950) – This Act
provides for the acquisition by the State of the interests of rent-receivers and
certain other interests in land in Bangladesh and to define the law relating to
tenancies to be held under the State after such acquisition and other matters
connected therewith. The act basically terminated individual tenancies over
certain lands and limited private tenancies to identified lands. According to
State Acquisition and Tenancy Act 1950, the land ceiling per family was fixed
at 33.3 acres (100 Bighas), which was revised and raised to 125 acres (375
Bighas) in 1959. After the independence of Bangladesh the land ceiling was
brought down again from 125 acres to 33.3 acres and also exempted families
owning less than 4 acres from land taxes. If land is lost due to river erosion, it
can be given back to the original owner, but on the condition that resurfacing
of the land must occur within 20 years. In such cases, the original owner may
get the land back by paying the rent as settled by the revenue office, provided
29
that the original owner does not already posses land over 375 bighas131. After
the independence of Bangladesh, some amendments were made to the act,
through the Presidential Order of 1972 (Order 135/137), to bring all alluvian
land under khas possession. The right and title of dilluviated land of the
original owner was abolished. The transformation of Shikasty land also proved
beneficial because it provided a legal deterrent to the violent practices of
jotdars who sought to establish claims of ownership on all newly risen land in
their area of influence.
ii. The Acquisition of Wasteland Act, 1950 (Act XIX of 1950) - An Act to provide
for the acquisition of wasteland for public purposes in Bangladesh. The Act
includes production of food132 amongst others as public purpose.
iii. The Culturable Wasteland (Utilization) Ordinance, 1959 (Ordinance XIII of
1959) – This ordinance defines "food crops" to include vegetables and fruits.
iv. Bangladesh Land Holding Limitation Order, 1972 (P. O No. 98 of 1972) – This
order reduced the landholding ceiling in Bangladesh and dealt with matters
ancillary thereto. The order defines “land”133 as land covered with water at any
time of the year, benefits arising out of land and things attached to the earth or
permanently fastened to anything attached to the earth. It imposes limitation on
landholding by stating that no family or body shall be entitled to retain any land
held by it in excess of one hundred standard bighas in the aggregate. All lands
held by that family or body in excess of that quantity shall be surrendered to the
government. No family or body shall be entitled to acquire any land by purchase,
inheritance, gift, heba or otherwise if the land already held exceeds one hundred
standard bighas134. The government may relax the limitations under some
specified conditions135.
v. The Land Reforms Ordinance, 1984 (Ordinance No. X of 1984) - This ordinance
aimed to reform laws, relating to land tenure, land holding and transfer, with a
view to maximizing production and ensuring a better relationship between land
131 Section 86 132 Section 2(4)(a) 133 Section 2(e) 134 Section 3 135 Section 4
30
owners and bargadars. It fixed the per family agricultural land ceiling at 60
bighas, whether acquired by purchase, inheritance, gift, or any other manner.
But this did not help recover a significant amount of land because the local
and national land administration and the wider legal and political bodies were
often under the tight grip of the landowning classes. Only an insignificant
portion of cultivable land (about one per cent) could be redistributed due to
these ceiling acts136. The ordinance also prohibited purchasing of agricultural
land by any Absentee person 137. It also debarred the court or any other
authority from attaching, forfeiting or selling any homestead land of an
agriculturist and from dispossessing or evicting him/her from such land.
vi. The Land Management Manual, 1990 - In express recognition of people's
customary right to bathe, wash clothes, fish etc., Article 192 of the Land
Management Manual of 1990 entrusted the local government in the Union
Parishad (lowest administrative tier) with the task of managing the closed
water bodies below three acres. The manual sets forth the procedure to be
followed by the government in managing various important resources like
water bodies, fisheries, alluvial land, etc.
5. Policy and planning frameworks
5.1. Policies on food
Following the World Food Summit of 1996 and the 1999 Development Forum held in
Paris, the government of Bangladesh undertook an in-depth and consultative process of
policy reform regarding food security. This resulted in a comprehensive food security
policy framework (the National Food Policy, 2006) and programming document (the
National Food Policy Plan of Action (2008-2015)) as well as an investment plan for food
security and nutrition (the Bangladesh Country Investment Plan).
136 Sheikh Salauddin in “Land Rights and Poverty Alienation”, published by Bangladesh Legal Aid and Services Trust (BLAST), 2005 137 Absentee (benami): in the name of another person and provided for treating the apparent transferee of the land as the real owner
31
5.1.1. The National Food Policy of 2006138
The Policy emphasizes the important linkages between availability, access, and
nutrition outcomes to ensure dependable and sustained food security for all people
of Bangladesh at all times. It clarifies three basic concepts: food security for all
people; access to food depending on household income and food prices; and
health care through improvements in the health care system and nutrition. The
major objectives of the National Food Policy, which aims at ensuring dependable
food security for all, are the following:
Box 4: Objectives of the National Food Policy 2006
Objectives of the National Food Policy 2006
Objective 1: Adequate and stable supply of safe and nutritious food
Objective 2: Increased purchasing power and access to food of the people
Objective 3: Adequate nutrition for all individuals, especially women and children
5.1.2. The National Food Policy Plan of Action (2008-2015)139
The National Food Policy Plan of Action (PoA) translates the three core
objectives of the policy into strategic areas of intervention and priority action. It
was formulated to provide programmatic guidance in implementing the policy.
The plan identifies 26 strategic areas of intervention and priority actions that
cover all dimensions of food security. It focuses on coordination and identifies the
responsible actors (government and non-government) and suggests a set of policy
targets and indicators to monitor progress. The plan establishes collaborative
relationships with other monitoring initiatives and sources of information related
to food security, especially those linked to the Poverty Reduction Strategy Paper,
the Five-Year Plan and the Millennium Development Goals.
Four main bodies are charged with formulating and implementing food security
policies, particularly the National Food Policy and its associated Plan of Action:
138 Approved by the Cabinet on 14 August 2006 139 In line with the MDGs, the Plan stretches over the period 2008-2015
32
• Food Planning and Monitoring Committee, a cabinet-level committee that
provides overall leadership and oversight in the formulation of food security
policies.
• Food Policy Working Group, an inter-ministerial coordination mechanism that
facilitates cross-sectoral participation in the implementation of the National Food
Policy and its associated Plan of Action.
• Food Planning and Monitoring Unit, a Government unit under the Ministry of
Food that acts as a secretariat of the Food Policy Monitoring Committee.
• Thematic Teams, specialized inter-ministerial bodies led by the Food Planning
and Monitoring Unit that focus on each dimension of food security and facilitate
cross-sectoral collaboration.
5.1.3. The Country Investment Plan140
To support the implementation of the National Food Policy and its Plan of Action,
the government released the Country Investment Plan (CIP) in June 2010 with the
following purposes:
• to plan and invest resources that address the three dimensions of
food security in a coordinated way;
• to increase the convergence of government investment and external
funding in order to avoid gaps and redundancies;
• to mobilize additional funds, including from external sources such
as the L’Aquila Food Security Initiative;
• to monitor, evaluate and, if necessary, remedy investments in
agriculture, food security and nutrition.
5.2 Policies on crop agriculture
5.2.1. National Agriculture Policy (NAP), 1999141
140 Covers a five-year period 141 http://www.moa.gov.bd/policy/nap.htm
33
The overall objective of the national policy is to make the nation self-sufficient in
food by increasing production of all crops including cereals and ensure a
dependable food security system for all. The specific objectives are to:
- Ensure a profitable and sustainable agricultural production system and
raise the purchasing power by increasing the real income of farmers
- Preserve and develop land productivity
- Reduce excessive dependency on any single crop to minimize risks
- Increase production and supply of more nutritious food crops to ensure
food security and improve the nutritional status
- Preserve existing bio-diversity of different crops
- Take up programs for the introduction utilization and extension of bio-
technology
- Take necessary steps to ensure environmental protection as well as
'environment friendly sustainable agriculture' through increased use of
organic manure and strengthening of the integrated Pest Management
(IPM) Programmes
- Take appropriate steps to develop an efficient irrigation system and
encourage farmers in providing supplementary irrigation during drought
with a view to increasing cropping intensity and yield
- Establish agriculture as a diversified and sustainable income generating
sector by strengthening of 'farming system' based agriculture and agro-
forestry programmes
- Take effective steps to ensure input supplies to the farmer at fair prices
and remove difficulties, resulting from the privatization of the input
distribution system, at the farmer's level.
- Develop a marketing system to ensure fair prices of agricultural
commodities.
- Introduce an appropriate institutional system to provide credit to ensure
the availability of agricultural credit in time.
- Produce and supply agricultural commodities as required by the industrial
sector.
34
- Reduce imports of agricultural commodities and find newer opportunities
to increase exports as well.
- Create opportunities for establishing agro-processing and agro-based
industry.
- Protect interests of the small, marginal and tenant farmers.
- Update the agricultural system in the light of agreements on agriculture
under WTO, SAFTA and other international treaties by protecting the
national interests and
- Develop a contingency management system to combat natural disasters.
All these specific objectives provide general guidelines or directions about how
the crop sector is to evolve to achieve the overall objective of food self-
sufficiency and food security. NAP also identifies 18 programme areas where
actions or policies might be undertaken for achieving these goals: crop
production, seeds, fertilizer, minor irrigation, pest management, agricultural
mechanization, agricultural research, agricultural marketing, land use, agricultural
education and training, agricultural credit, government support for production and
contingency plan, food-based nutrition, environmental protection, women in
agriculture, coordination among government agencies, NGOs and the private
sector and a reliable database. NAP emphasizes that the goal of food self-
sufficiency and dependable food security can be achieved only through efficient
delivery of inputs and support services.
5.2.2. National Agricultural Policy (draft 2010)
Based on an analysis of the strengths, weaknesses, opportunities and threats of the
agriculture sector in Bangladesh, this policy sets out the necessary steps in order
to reach the country's development objectives, including research and
development, agricultural extension, fertilizer inputs and irrigation, as well as
human resource development.
5.2.3. New Agricultural Extension Policy (NAEP), 1996
35
The New Agricultural Extension Policy was prepared in 1996, in accordance with
the agricultural policies and priorities set out in the Fifteen-Year Perspective Plan,
1995-2010. These policies and priorities include (i) attainment of self-sufficiency
in foodgrains and increment of production of other nutritional crops, (ii) ensuring
sustainable agricultural growth through more efficient and balanced uses of land,
water and other resources, (iii) increasing foreign exchange earnings through
agricultural exports, (iv) introducing high value cash crops, (v) improving the
quality and availability of seeds, (vi) reducing environmental degradation, (vii)
increasing fish, livestock and forestry production and (viii) conserving and
developing forest resources.
The goal of the New Agricultural Extension Policy is to encourage the various
partners and agencies within the national agricultural extension system to provide
efficient and effective services which complement and reinforce each other, in an
effort to increase the efficiency and productivity of agriculture in Bangladesh.
To achieve this goal, the NAEP lists the following policy measures, called
Components:
- extension support to all categories of farmers;
- efficient extension services;
- decentralization;
- demand-led extension;
- working with groups of all kinds;
- strengthened extension-research linkage;
- training of extension personnel;
- appropriate extension methodology;
- integrated extension support to farmers;
- coordinated extension activities;
- integrated environmental support.
5.2.4. National Integrated Pest Management (IPM) Policy, 2002142
142 http://www.moa.gov.bd/policy/nap.htm
36
In the context of Bangladesh, the term IPM includes elements contributing to an
effective, safe, sustainable and economically sound crop protection system. It is
not limited to the pest management system alone. IPM conserves the natural
resources such as soil, flora and fauna and ensures reliability and stability of
agricultural production.
The objective of the IPM policy is to enable farmers to grow healthy crops in an
incremental manner and thereby increase their income on a sustainable basis
while improving the environment and community health. To achieve the
objective, the policy is to pursue the following strategies:
- to expand IPM on a sustainable basis by establishing a national IPM
programme; and
- to facilitate co-ordination of all IPM activities in Bangladesh
The following are the key components of the IPM Policy:
- Maintaining ecological balance
- Executing appropriate actions on pesticides
- Operating an effective system for implementing the national IPM
programme
- Developing human resources as the core of IPM
- Conducting research on IPM
5.2.5. National Seed Policy (NSP), 1993
The overall purpose of this policy is to make the best quality seeds of improved
varieties of crops available to farmers, conveniently and efficiently, with a view to
increasing crop production, farmer’s productivity, per capita farm income and
export earnings. It provides policy directives to increase production of improved
seeds, both in the public and private sectors, and to make the best quality seeds
available to farmers on a timely basis and at a competitive price. The seed policy
also has provisions, among other things, for liberalisation of import of seeds and
seed processing machineries, strengthening of quality control and research
37
systems and maintaining a seed security arrangement. A major thrust of the seed
policy has been on the institutional arrangements regarding the seeds sector.
5.3. Policies on non-crop agriculture
5.3.1. National Fisheries Policy, 1998
The National Fish Policy, 1998 aims at developing and increasing production of
fish resources and creating self-employment to improve the socio-economic
condition of the fishermen. It pledges to ensure fishery opportunities to trained
youth groups through lease of unutilized khas ponds, dighi and other alternatives.
The policy duly emphasizes the nutrition value of fish in the improvement of
public health and also attaches due importance to maintaining of ecological
balance and bio-diversity. It seeks a ban the import, distribution and sale of any
alien species of fish or fry without prior approval of the government. The policy
calls for adopting precautionary measures to minimize the adverse impact of
agriculture, industry, transportation, urbanization, flood control and irrigation on
fishery. It proposes a transfer of fish sanctuaries, or part thereof, to the
Department of Fisheries (DoF) and promises measures to prevent industrial
pollution and limit unrestricted use of harmful pesticides. The policy also has
statements on use of prohibited methods of fishing and emphasizes proper
implementation of the law for protection of endangered fish species. In leasing
out government khas water bodies, it seeks to ensure priority for the genuine
fisher folk. Control of fish quality and marketing and export of the same has also
been dealt with.
5.3.2. National Livestock Development Policy, 2007
The general objective of the policy is to provide an enabling environment, open
up opportunities and reduce risks and vulnerability for harnessing the full
potential of the livestock sub-sector. These are expected to accelerate economic
growth and help reduce rural poverty. Here, the private sector is seen as the main
actor while the public sector is to play facilitating and supportive role.
38
The following ten critical areas have been identified for formulating the National
Livestock Development policy:
i. Dairy Development and Meat Production;
ii. Poultry Development;
iii. Veterinary Services and Animal Health;
iv. Feeds and Fodder Management;
v. Breeds Development;
vi. Hides and Skins;
vii. Marketing of Livestock Products;
viii. International Trade Management;
ix. Access to Credit and Insurance; and
x. Institutional Development for Research and Extension
6. Institutional setup Food security is a multi-sectoral concept by nature and, as such, requires interdependent
interventions across diverse sectors. Food laws and regulations in Bangladesh are
fragmented and governed by a number of different government institutions whose
responsibilities are guided by different legislations.
The main ministries and agencies involved in food safety, quality and control are as
follows:
Ministry/Division Agency/Department Area of responsibilities
Ministry of
Agriculture
Department of Agricultural
Extension; Plant
Protection Wing
Quarantine activity, pesticide quality
assessment and registration, farm and harvest
inspection, issue certificates for
import/exported plants/plant products
Ministry of
Commerce
Office of Chief Controller of
Imports and Exports
(CCI&E);
Trading Corporation of
Bangladesh (TCB);
National Consumer Rights
Protection Department
(DNCRP)
Regulation and control of import and export,
price and quality control, protection of
consumer rights
Ministry of Education DG, Primary; Food safety, nutrition and environmental
39
DG, Secondary;
Text Book Board
Universities
issues in the text book of all level of education
Ministry of
Environment & Forest
Department of Environment Overall coordination of the Bangladesh Bio-
safety Rules, 2012
Ministry of Finance Customs Department
Sample collection, physical examination, IPO
implementation, import inspection –fruits and
vegetables
Ministry of Fisheries
and Livestock
Department of Fisheries
Department of Livestock
Enforcement of legislation, ensuring quality
and safety, certification for export
Animal health, Animal product, Imported
animal
Ministry of Food and
Disaster Management
Food Planning and
Monitoring Unit (FPMU)
Directorate of Food
Regular monitoring of the national food
policy plan of action and the Country
Investment Plan for food security (CIP) which
includes food safety
Support to Food Safety Policy and Food
Safety Emergency Plan (FSER)
Quality control of PFDS, stock, procured
foodgrains/foodstuff, imported food, etc.,
Analysis of grains and cereals, Storage
inspection; analysis of fats and oils
Ministry of Health &
Family Welfare
Director General of Health
Services; District & Upazila
Health Administration and
Institute of Public Health
Registration and inspection of food service
establishments; legal action as
required; report food adulteration issues, food
quality and sanitation control in
Upazila/district level; testing
Ministry of Home Law agencies Assist the inspection agencies
Ministry of Industries
Bangladesh Standard and
Testing Institute
Setting standards of food products, sampling,
testing and certification marks and
surveillance
Ministry of
Information
Electronic and Print media
Information Commission
Disseminate issues for awareness building
Ensure access to information, empower the
40
citizens by promoting transparency and
accountability
Ministry of Law Drafting wing Formulation, vetting, approval, etc.
Ministry of Local
Government, Rural
Development and
Cooperatives
Municipalities, City
Corporations
Registration and inspection of food service
establishments; Mobile court activities
Ministry of Public
Administration
Executive Magistrates
(Mobile Courts)
Prosecution through Mobile Courts
Ministry of Science
and Technology
Bangladesh Council of
Scientific and Industrial
Research
Bangladesh Atomic Energy
Commission
Sampling, testing and providing standard
certificates; research and development
Test radiation levels of imported food items,
pesticides residues
Ministry of Social
Welfare
Department of Social Service;
National Social Welfare
Council
Poverty alleviation, welfare-development,
social safety net program
National Human
Rights Commission
Protection, promotion and providing
guarantee of human rights particularly right to
life, right to liberty, right to equality and right
to dignity
of a person guaranteed by the Constitution of
the People’s Republic of Bangladesh and such
other
human rights that are declared under different
international human rights instruments ratified
by
the People’s Republic of Bangladesh and are
enforceable by the existing laws of
Bangladesh
7. Conclusion The myriad of laws and policies reviewed above reveals that there are several sectoral
laws and policies that address various aspects of food. This is done in a very scattered
manner as it involves various authorities thus giving them the scope for shifting
41
responsibility on each other. Regulatory regimes involving several authorities very often
create confusion and lack clear direction. This leads to regulatory creep as each authority
pursues different objectives and takes a different focus. Therefore, the implementation of
laws and policies is not satisfactory, and weak in enforcement, due to the overlapping
authoritative domains. There is lack of coordination, communication, institutional
weaknesses, influence of politics, etc. Hence, functional linkages need to be strengthened
between the core authorities so as to minimize the gaps and overlaps that are prevalent in
enforcement of responsibilities. The administrative enforcement mechanism needs to be
more organized and clear implementation strategies developed. This would result in a
clear method of detecting regulation non-compliance. When all instances of non-
compliance can be easily identified, prompt action can be taken by the proper authority.
Moreover, most of the laws are aged and falling short of addressing new challenges such
as those relating to food safety and security. The Constitution does not recognize a
person’s right to food, even though Article 15 recognizes the state’s responsibility to
secure the “basic necessities of life” for its citizens including food. A constitutional
amendment is needed to guarantee the legal right to access food or the right to be free
from hunger. Laws should also be amended for more severe penalties to wrongdoers. A
coherent and efficient national legislation should be developed covering all dimensions of
food so as to ensure food security and safety at all levels, particularly the poor. But
having a new law in place or amending the existing laws will not solve the problem
unless the same are strictly implemented and enforced. Awareness amongst the people
needs to be raised and, finally, to ensure food justice there must be political will to fairly
distribute food, regardless of the recipient’s ability to pay.
42
References Center for Policy Dialogue, 2012. Analysis of the National Budget for FY2012-13 FAO Agricultural and Development Economics Division, June 2006. Food Security (2). Retrieved June 8, 2012 GB, 1972. The Constitution of the People’s Republic of Bangladesh GB, Cabinet Division, 1996 (Revised upto July 2012). Rules of Business GB, Legislative and Parliamentary Affairs Division, Ministry of Law, Justice and Parliamentary Affairs, 2010. Laws of Bangladesh GB, Ministry of Food and Disaster Management, Food Planning Monitoring Unit, 2013. National Food Policy Plan of Action and Country Investment Plan Monitoring Report GB, National Strategy for Accelerated Poverty Reduction II (FY 2009-11) GB, Sixth Five Year Plan of Bangladesh 2011-2015 (Volume 2) IUCN Bangladesh, 2000. Red List of Threatened Fishes of Bangladesh Prove, Peter N. "Human Rights in Trade and Investment Agreements: The Legal Framework of Economic Globalization, and the Right to Food" Sheikh Salauddin, 2005. “Land Rights and Poverty Alienation”, published by Bangladesh Legal Aid and Services Trust (BLAST) www.moa.gov.bd www.mofl.gov.bd www.mofdm.gov.bd Ziegler, Jean, 2002. "Right to Food: Commission on Human Rights" (E/CN.4/2002/58, 10 January 2002)