Food Sovereignty as a Constitutional Right in Nepal – Evolution and Challenges
In a two-part series written for the digital publication Roots, the All Nepal Peasants’ Federation (ANPFa) has elaborated on the processes and campaigns that led to the adoption of Food Sovereignty as a Constitutional right in Nepal.
The paper notes the 2006 people’s movement when major peasant organizations united under a common voice, making lobbying with major political parties more effective. Before the final mobilizations in 2006, left-wing and democratic peasant organizations collaborated to establish their shared agendas, with food sovereignty being a key focus. ANPFa also conducted numerous local and regional conferences and campaigns to garner support from grassroots organizations.
One significant event was “The People’s Caravan for Food Sovereignty,” organized in 2004. This historic march, involving nearly 20,000 peasants across many countries in Asia and Europe, aimed to raise awareness and exert pressure on the issue of food sovereignty.
The paper also notes that while the full impact of the food sovereignty law on the general population is yet to be realized, some initiatives align with its principles. One such initiative is the Agriculture Development Strategy (ADS) for 2015-2035, a long-term vision document. Peasant organizations played a crucial role, with representatives actively participating in its drafting.
The ADS aims for a self-reliant, sustainable, competitive, and inclusive agricultural sector that fosters economic growth and enhances livelihoods, as well as ensuring food and nutrition security toward achieving food sovereignty. Although it is considered a compromised document lacking a stringent implementation framework, the ADS incorporates Peasants’ Rights as one of its five key pillars.
The most important achievements in Nepal by peasant organizations toward food sovereignty include restrictions on foreign direct investment in primary production, restrictions on genetically modified organisms, and many programs promoting organic agriculture. The Foreign Investment and Technology Transfer Act 2019 has banned foreign investment in primary production sectors. However, in 2021, there was an attempt to amend this act through ordinance, but the court issued an interim order against the amendment. Therefore, no multinational corporations are working in Nepal’s production sector legally. In 2014, Nepal’s Supreme Court ordered a complete ban on genetically modified crops until the government formulated a comprehensive policy on the import, cultivation, and management of genetically modified organisms (GMOs). According to this paper from ANPFa, in 2021, there was an attempt to lift the ban on GMO imports, influenced by US soybean exporters. This move sparked significant protests from scientists, lawyers, and peasant organizations. These instances illustrate that the struggle for food sovereignty is complex and multifaceted, involving continuous resistance against neoliberal capitalism and imperialism.
Nepal’s government has taken significant strides toward promoting organic agriculture, which aligns closely with the principles of food sovereignty. There are over a dozen guidelines and programs aimed at supporting this initiative. These include the National Standards for Organic Agricultural Production and Processing, initially introduced in 2064 BS and revised in 2065 BS, along with the Organic Fertilizer Subsidy Directory of 2068 BS. [Nepal follows the Bikram Sambat – BS – Calendar].
In a notable move, Karnali Province declared its intention to become an organic agriculture-oriented province in 2018. Subsequently, the province launched the Organic Production Promotion Mission Program and formulated the Organic Agriculture Act in the same year. Furthermore, initiatives such as pesticide residue testing for imports and the ban on more harmful pesticides contribute significantly to agroecology and food sovereignty. Karnali Province has been particularly proactive in this regard, implementing the comprehensive Organic Karnali Mission over the past few years.
The path to constitutionalizing food sovereignty in Nepal was fraught with challenges. Eventually, laws and regulations were established to guide its implementation. ANPFa’s political alliances and extensive national and international networking played pivotal roles. However, the paper argues that for many activists, intellectuals, and peasants, food sovereignty remains a technical and political concept. The peasant movement still lacks a comprehensive framework for its implementation. Nepal’s state apparatus largely adheres to neoliberal principles, dominated by financial, comprador, and bureaucratic capitalism. Consequently, agriculture does not receive prioritization, and there is a persistent push to commercialize agriculture, inviting both national and international investments. The government promotes mechanization, industrialization of agriculture, the establishment of chemical fertilizer industries, and the availability of hybrid and GMO seeds.
The food sovereignty movement in Nepal – the paper critically notes – primarily operates in a top-down manner, necessitating further debate before its full implementation. Some food sovereignty activists believe that ensuring minimum support prices, redistributing land to the landless, and promoting organic over chemical fertilizers are initial steps toward achieving food sovereignty. However, these actions lack a clear vision and definitive starting and ending points.
In theory, food sovereignty is touted as a solution to address the ecological crises exacerbated by the Anthropocene and Capitalocene eras. Yet, in practice, it remains unclear how food sovereignty can effectively ensure income, employment for peasants, and transform agriculture. Nepal, as a low-income country heavily reliant on foreign aid and markets, and committed to liberal policies, faces significant challenges in moving toward implementing food sovereignty.
To read the full paper authored by Pramesh Pokharel of ANPFa, click here: Part 1 | Part 2
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