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Constitutions and amendments

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By Neville Ladduwahetty

The 20th Amendment (20A) to the Constitution has become a topic of spirited debate and discussion. Much of it is generated by misunderstanding the true intent of 20A. It should not be a durable amendment to the Constitution. Instead, it should be temporary, until a comprehensive new Constitution is developed and presented to the nation.

Until then, 20A should serve as a stop gap for the Executive President to address the unprecedented challenges the country has to face following the COVID-19 pandemic. With this in mind, the intent of 20A should be to either repeal those provisions that had been introduced by the 19th Amendment to seriously dilute executive powers as admitted by the framers of 19A or to repeal 19A altogether and restore the executive powers the President had under the 1978 Constitution. It is only by removing the constraints that exist under 19A that the President would be in a position to address the daunting challenges that lie ahead. Without strengthening the hand of the Executive, the formidable task of social and economic recovery that the country is compelled to face because of the global pandemic would be a near impossibility.

 

THE NEED for 20A

The two most formidable issues that should engage the full attention of the government and the nation are:

(1) The need to continue with the very effective measures adopted to contain COVID-19 in order to prevent the possibility of a resurgance.

(2) The absolute urgency to revive the seriously depressed economy, brought about nationally and globally by the pandemic.

As far as the first issue is concerned, the government has demonstrated very effectively that it has the capabilities and organizing abilities to implement procedures and practices to maintain the health of the nation to such a degree that the President and the Sri Lankan nation have received international acclaim. An equally encouraging aspect is the support extended by the public to the call of the government to practice the health safeguards recommended by the government. What the government and the nation have collectively achieved is a shining example to the world for which we as a nation could be proud of.

The elephant in the room is how to revive the depressed economy. While the measures that need to be adopted are bound to test the skills and ingenuities of the entire nation, an equally important factor that would have a direct bearing is the freedom for the government, in particular the President and the executive branch, to act without being constrained by the fetters introduced by 19A.

There is no denying the fact that 19A was introduced with the deliberate intent of diluting executive powers of the President. In fact, Dr. Jayampathy Wickramaratne P.C., (Dr. JW) referring to 19A, has admitted that the initial attempt was “to completely abolish the Presidential system of government”. This attempt failed because the Supreme Court ruled that the intended attempt would require a referendum. The end result was the compromised version of 19A. According to Dr. JW, “The experience under 19A clearly showed the need to completely abolish the Presidential form of government and move towards a Parliamentary form…” (The Island, September 8, 2020).

The approach should not be to analyze which Article should be amended and to what degree, since such an exercise would not only be time consuming but also would add to the confusion that already exists in 19A. Instead, the approach should be to undo the entirety of 19A, and for the executive power of the President that had existed under the 1978 Constitution to be restored, for the simple reason that tough measures are needed to overcome the economic black hole Sri Lanka is in, the likes of which the nation as a whole has never seen.

The argument that such an approach would restore what is often described as draconian executive power amounting to a Presidential dictatorship that had existed under the 1978 Constitution, is unfounded if one realizes the full impact of the economic catastrophe the nation is currently facing. The situation is so dire that the bulk of the nation is more concerned with the basics of existence and survival rather than about niceties of Democracy and Good Governance that only the fortunate few could afford to be concerned about.

 

THE NEED for a NEW CONSTITUTION

Having addressed the short term issues, the next is the long term issue of a new Constitution. The genesis for 19A and 20A is the 1978 Constitution. Therefore, any anomalies and contradictions that exist in amendments invariably are a result of anomalies and contradictions in the 1978 Constitution. Describing the system of government under the 1978 Constitution, Dr. JW quotes Dr. Colvin R. De Silva as having described the 1978 Constitution “as a constitutional presidential dictatorship dressed in the raiment of a parliamentary democracy’ (Ibid). The comment is justified because the 1978 Constitution has features of Presidential and Parliamentary systems, notwithstanding that each represents one of the two ideologically completely different systems of government by which practically all democracies are governed. If such contrasting systems are incorporated in a single constitution confusion is inevitable, as evident from the 1978 Constitution and its related amendments. Therefore, the framers of a new constitution should endeavour to base it on either one or the other, a Presidential or a Parliamentary system, but certainly not a mix of both.

 

PARLIAMENTARY and PRESIDENTIAL

FORMS of GOVERNMENT

Under a Parliamentary system, Parliament is supreme and as described in the 1972 Constitution is the “supreme instrument of State Power”. This means that Parliament is responsible for Legislative and Executive functions. A few members of Parliament are selected by the Prime Minister to form the Cabinet of Ministers to exercise the executive functions of the government. Consequently, the Cabinet of Ministers is responsible and answerable to Parliament.

On the other hand, under a Presidential system, the cardinal principle is the separation of Legislative and Executive power. This separation is underscored by the fact that each branch is separately elected by the people and responsible for the exercise of separate powers, namely Legislative and Executive. This separation is clearly outlined in Articles 4 (a) and 4 (b) respectively, of the 1978 Constitution.

Article 4 (a) states: “the legislative power of the People shall be exercised by parliament…”.

Article 4 (b) states: “the executive power of the People, including the defence of Sri Lanka, shall be exercised by the President…”.

Commenting on the executive power of the people, the Supreme Court in S.D. No. 04/2015 stated: “It is in this background that the Court in the Nineteenth Amendment Determination came to a conclusion that the transfer, relinquishment or removal of the power attributed to one organ of government to another organ or body would be inconsistent with Article 3 read with Article 4 of the Constitution. Though Article 4 provides the form and manner of the sovereignty of the people, the ultimate act or decision of the executive functions must be retained by the President. So long as the President remains the Head of the Executive, the exercise of his powers remain supreme or sovereign in the executive field and to others to whom such power is given must derive the authority from the President or exercise the Executive power vested in the President as a delegate of the President”.

On the other hand, Article 43 (1) states: “There shall be a Cabinet of Ministers charged with the direction and control of the Government of the Republic which shall be collectively responsible and answerable to Parliament”.

Commenting on Article 43 (1) the Supreme Court in the same case, S.D. No. 04/2015 stated: “This important Article underscores that the Cabinet collectively is charged with the exercise of Executive power, which is expressed as the direction and control of the Government of the Republic and the collective responsibility of Cabinet of which the President is the Head. It establishes conclusively that the President is not the sole repository of Executive power under the Constitution. It is the Cabinet of Ministers collectively, and not the President alone, which is charged with the direction and control of the Government.

 

This Cabinet is answerable to Parliament. Therefore, the Constitution itself recognizes that Executive power is exercised by the President and by the Cabinet of Ministers, and that the President shall be responsible to Parliament and the Cabinet of Ministers, collectively responsible and answerable to Parliament with regard to the exercise of such powers…”.

It is evident from the opinions cited above that the powers of the President depend on whether he acts under provisions of Article 4 (b) or Article 43 (1). For instance, under provisions of 4 (b) the “President as the Head of the Executive is sovereign in the executive field”. However, if the President acts under provisions of Article 43 (1) the Court stated that “the Constitution itself recognizes that Executive power is exercised by the President and by the Cabinet of Ministers”. The potential for such contrasting interpretations that exist in the 1978 Constitution have been blindly repeated in 19A without regard for their relevance or irrelevance.

Another serious contradiction often overlooked is that a President elected by the People should be recognized as being co-equal with Parliament under provisions of separation of power. Therefore, the President cannot be responsible to another organ of government– the Parliament. Furthermore, if the Cabinet of Ministers derive their authority from the President as interpreted by the Supreme Court, the Cabinet cannot be responsible and answerable to Parliament either. Under the circumstances, Article 33A that calls for the President to be responsible to Parliament “for the due exercise performance and discharge of his powers, duties and functions” is a violation of the principle of separation of power.

The few examples cited above amply demonstrate that while the framework of the 1978 Constitution is essentially Presidential, it has sufficient elements of a Parliamentary Democracy to warrant the Judiciary from giving contrasting opinions depending on which Article it interprets. This ambiguity requires Sri Lanka to adopt either a Presidential or a Parliamentary system, but not a mix of both systems. Despite the fact that such contradictions have been brought to the attention of the public, confusion has reigned uninterrupted. Therefore, the need is for Parliament to vote on which system of government is best suited to govern Sri Lanka. Furthermore, when formulating a new constitution, it is also recommended that a fresh approach be incorporated to devolve power to the smallest practical workable unit in order to strengthen operations in the periphery.

 

CONCLUSION

According to media reports the intention of the government is to introduce the 20th Amendment. Indications are that each Article would be reviewed and amended where necessary. Such an exercise is bound to repeat the contradictions in 19A because the framers mechanically copied provisions from the 1978 Constitution without understanding what separation of power is all about in a Presidential system. Therefore, it is best to repeal 19A completely, and go back to the powers exercised by the President under the 1978 Constitution as a stop gap measure until a new constitution is formulated. Such an interim measure is vital in order to prevent a resurgence of COVID-19 and to equip the executive with necessary powers to revive the depressed economy.

Critics to such an approach may consider it to be the death knell to Parliamentary democracy. What such critics forget is that the country is in such dire straits economically, that drastic measures need to be introduced if the country is to get back to some degree of normalcy. Proof of the merits of such an approach is evident from the uncompromising measures successfully adopted by the government to contain COVID-19; a fact acknowledged internationally. The reversal to the past is intended to be only until such time that a new constitution is tabled and adopted by Parliament and the People at a referendum.

In summary, the essence of the recommendation is for the 20A to define a clear two-step approach. Step One is to repeal all of 19A and strengthen the hand of the President and the executive with necessary powers to address all issues relating to COVID-19, and to also adopt all necessary measures to revive the economy. Step Two is for Parliament to vote and give clear direction as to whether the new constitution should be based on a Presidential or Parliamentary system to address all issues relating to good governance in all respects. Adopting such a clear cut approach without ambiguities would enable Sri Lanka to be free of the current fog of confusion, and embark on a fresh Chapter in her history.



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NASA’s Epic Flight, Trump’s Epic Fumble and Asian Dilemmas

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Epic Crew (L-R): Jeremy Hansen, Victor Glover, Reid Wiseman Christina and Christina Koch

Three hours after the spectacular Artemis II flight launch in Florida, US President Donald Trump delivered a forlorn speech from Washington. Thirty three days after starting the war against Iran as Epic Fury, the President demonstrated on national and global televisions the Epic Fumble he has made out of his Middle East ‘excursion’. It was an April Fool’s Day speech, 20 minutes of incoherent rambling with the President looking bored, confused, disengaged and dispirited. He left no one wiser about what will come next, let alone what he might do next.

There was more to April Fool’s Day this year in that it brought out the nation’s good, bad and the ugly, all in a day’s swoop. The good was the Artemis II flight carrying astronauts farther from the Earth’s orbit and closer to the moon for the first time in over 50 years. The mission is a precursor for future flights and will test the performance of a new spacecraft, gather new understanding of human conditioning, and extend the boundaries of lunar science. It is a testament to humankind being able to make steady progress in science and technology at one end of a hopelessly uneven world, while poverty, bigotry and belligerence simmer violently at the other end.

Terrible Trump

The four Artemis II astronauts, three Americans, Reid Wiseman, Victor Glover, and Christina Koch, and one Canadian, Jeremy Hansen, are also symptomatic of the endurance of America’s inclusive goodness in spite of efforts by the Trump Administration to snuff the nation’s fledgling DEI (Diversity, Equity and Inclusion) ethos. To wit, of the four astronauts, Victor Glover, a Caribbean American, is the first person of colour, Christina Koch the first woman, and Jeremy Hansen of Canada the first non-American – to fly this far beyond the earth’s orbit. All in spite of Trump’s watch.

Yet Trump managed to showcase his commitment to America’s ugliness, on the same day, by presenting himself at the Supreme Court hearing on the constitutionality of his most abominable Executive Order – to stop the American tradition of birthright citizenship. He keeps posting that America is Stupid in being the only country in the world that grants citizenship at birth to everyone born in America, regardless of the status of their parents, except the children of foreign diplomats or members of an occupying enemy force. In fact, there are 32 other countries in the world that grant birthright citizenship, a majority of them in the Americas indicating the continent’s history as a magnet for migrants ever since Christopher Columbus discovered it for the rest of the world.

And birthright citizenship in the US is enshrined in the constitution by the 14th Amendment, supplemented by subsequent legislation and reinforced by a century and a half of case law. Trump wants to reverse that. Thus far and no further was the message from the court at the hearing. A decision is expected in June and the legal betting is whether it would be a 7-2 or 8-1 rebuke for Trump. In a telling exchange during the hearing, when the government’s Solicitor General John Sauer quite sillily dramatized that “we’re in new world now … where eight billion people are one plane ride way from having a child who’s a US citizen,” Chief Justice John Roberts quietly dismissed him: “Well, it’s a new world. It’s the same Constitution!”

Trump’s terrible ‘bad’ is of course the war that he started in the Middle East and doesn’t know how to end it. Margaret MacMillan, acclaimed World War I historian and a great grand daughter of World War I British Prime Minister Lloyd George from Wales, has compared Trump’s current war to the origins of the First World War. Just as in 1914, small Serbia had pulled the bigger Russia into a war that was not in Russia’s interest, so too have Netanyahu and Israel have pulled Trump and America into the current war against Iran. World War I that started in August, 2014 was expected to be over before Christmas, but it went on till November, 2018. Weak leaders start wars, says MacMillan, but “they don’t have a clear idea of how they are going to end.”

There are also geopolitical and national-political differences between the 1910s and 2020s. America’s traditional allies have steadfastly refused to join Trump’s war. And Trump is under immense pressure at home not to extend the war. This is one American war that has been unpopular from day one. The cost of military operations at as high as two billion dollars a day is anathema to the people who are aggravated by rising prices directly because of the war. Trump’s own mental acuity and the abilities of his cabinet Secretaries are openly under question. There are swirling allegations of military contract profiteering and selective defense investments – one involving Secretary of War Pete Hegseth.

Trump’s Administration is coming apart with sharp internal divisions over the war and government paralysis on domestic matters. There are growing signs of disarray – with Trump firing his Attorney General for not being effective prosecuting his political enemies and Secretary Hegseth ordering early retirement for Army Chief of Staff Randy George. In America’s non-parliamentary presidential system, Trump is allowed to run his own forum where he lies daily without instant challenger or contradiction, and it is impossible to get rid of his government by that simple device called no confidence motion.

Asian Dilemmas

Howsoever the current will last or end, what is clear is that its economic consequences are not going to disappear soon. Iran’s choke on the Strait of Hormuz has affected not only the supply and prices of oil and natural gas but a family of other products from fertilizers to medicines to semiconductors. The barrel price of oil has risen from $70 before the war to over $100 now. After Trump’s speech on April 1, oil prices rose and stock prices fell. The higher prices have come to stay and even if they start going down they are not likely to go down to prewar levels.

There are warnings that with high prices, low growth and unemployment, the global economy is believed to be in for a stagflation shock like in the 1970s. Even if the war were to end sooner than a lot later, the economic setbacks will not be reversed easily or quickly. Supplies alone will take time to get back into routine, and it will even take longer time for production in the Gulf countries to get back to speed. Not only imports, but even export trading and exports to Middle East countries will be impacted. The future of South Asians employed in the Middle East is also at stake.

In 1980, President Carter floated the Carter Doctrine that the US would use military force to ensure the free flow of oil through the Strait of Hormuz. Trump is now upending that doctrine – first by misusing America’s military force against Iran and provoking the strait’s closure, and then claiming that keeping the strait open is not America’s business. Ever selfish and transactional, Trump’s argument is that America is now a net exporter of oil and is no longer dependent on Middle East oil.

To fill in the void, and perhaps responding to Trump’s call to “build up some delayed courage,” UK has hosted a virtual meeting of about 40 countries to discuss modalities for reopening the Strait of Hormuz. US was not one of them. While Downing Street has not released a full list of attendees, European countries, some Gulf countries, Canada, Australia, Japan and India reportedly attended the meeting. Which other Asian countries attended the meeting is not known.

British Foreign Secretary Yvette Cooper has blamed Iran for “hijacking” an international shipping route to “hold the global economy hostage,” while insisting that the British initiative is “not based on any other country’s priority or anything in terms of the US or other countries”. French President Emmanuel Macron now visiting South Korea has emphasized any resolution “can only be done in concert with Iran. So, first and foremost, there must be a ceasefire and a resumption of negotiations.”

Prior to the British initiative focussed on the Strait of Hormuz, Egypt, Pakistan and Türkiye have been playing a backdoor intermediary role to facilitate communications between the US and Iran. Trump as usual magnified this backroom channel as serious talks initiated by Iran’s ‘new regime’, and Trump’s claims were promptly rejected by Iran. There were speculations that Pakistan would host a direct meeting between US Vice President JD Vance and an Iranian representative in Islamabad. So far, only the foreign ministers of Egypt, Pakistan, Saudi Arabia and Türkiye have met in Islamabad, and Pakistan’s Foreign Minister Ishaq Dar flew to Beijing to brief his Chinese counterpart, Wang Yi, of Pakistan’s diplomatic efforts.

The Beijing visit produced a five-point initiative calling for a ceasefire, the opening of the Strait of Hormuz and diplomacy instead of escalation. The five-point pathway seems a follow up to the 15-point demand that the US sent to Iran through the three Samaritan intermediaries which Iran rejected as they did not include any of Iran’s priorities. The state of these mediating efforts are now unclear after President Trump’s April Fool’s Day rambling. In fairness, Pakistan’s Ministry of Foreign Affairs has announced that his country intends to keep ‘nudging’ the US and Iran towards resuming negotiations and ending the war.

While these efforts are welcome and deserve everyone’s best wishes, they have also led to what BBC has called the “chatter in Delhi” – “is India being sidelined” by Pakistan’s intermediary efforts? Indian Foreign Minister Jaishankar’s rather undiplomatic characterization of Pakistan’s role as “dalali” (brokerage) provoked immediate denunciation in Islamabad, while Indian opposition parties are blaming the Modi Government’s foreign policy stances as an “embarrassment” to India’s stature.

The larger view is that while it is Asia that is most impacted by the closure of Hormuz, with Singapore’s Foreign Affairs Minister Vivian Balakrishnan calling it an “Asian crisis”, Asia has no leverage in the matter and Asian countries have to make special arrangements with Iran to let their ships navigate through the Strait of Hormuz. There is no pathway for co-ordinated action. China is still significant but not consequentially effective. India’s all-alignment foreign policy has made it less significant and more vulnerable in the current crisis. And Pakistan has opened a third dimension to Asia’s dilemmas.

In the circumstances, it is fair to say that Sri Lanka is the most politically stable country among its South Asian neighbours. Put another way, Sri Lanka has a remarkably consensual and uncontentious government in comparison to the old governments in India and Pakistan, and even the new government in Bangladesh. But that may not be saying much unless the NPP government proves itself to be sufficiently competent, and uses the political stability and the general goodwill it is still enjoying, to put the country’s economic department in order. More on that later.

by Rajan Philips

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Ranjith Siyambalapitiya turns custodian of a rare living collection

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Siyambalapitiya’s ancsetral house built on 1923 at Vendala

From Parliament to Fruit Grove:

After more than two decades in politics, rising to the positions of Cabinet Minister and Deputy Speaker of Parliament, Ranjith Siyambalapitiya has turned his attention to a markedly different arena — one far removed from parliamentary debate and political intrigue.

Today, Siyambalapitiya spends much of his time tending to a sprawling 15-acre home garden at Vendala in Karawanella, near Ruwanwella, nurturing what has gradually evolved into one of the most remarkable private fruit collections in the country.

Situated in Sri Lanka’s Wet Zone Low Country agro-ecological region (WL2), Ruwanwella lies at an elevation of roughly 100–200 metres above sea level. Deep red-yellow podzolic soils, annual rainfall exceeding 2,500 millimetres, and a warm humid tropical climate combine to create conditions that make the region one of the richest areas in the island for fruit tree diversity.

Within this favourable ecological setting, Siyambalapitiya has become what may best be described as a custodian of a living collection—a fruit grove that now contains around 554 fruit trees and vines, many of them rare or seldom seen in contemporary agriculture.

Of these, 448 varieties have already been properly identified and documented with the assistance of agriculturist Dr. Suba Heenkenda, a retired expert of the Department of Agriculture. Together they have undertaken the painstaking task of cataloguing the plants by their botanical names, common Sinhala names, and the names used in ancient Ayurvedic and indigenous medical texts, assigning each species a unique identification number.

According to Siyambalapitiya, the Vendala estate is possibly the only single location in Sri Lanka where such a large number of fruit varieties—particularly rare and underutilized species—are maintained within one property.

“This garden came down to me through my grandfather, grandmother, mother and father,” he says. “It is a place shaped by three generations.”

The estate, he explains, began as a traditional home garden where crops such as tea, coconut and rubber were cultivated alongside fruit trees planted by family members over decades. Over time, however, it evolved into something much larger: a carefully nurtured grove preserving both common and obscure fruit species.

Siyambalapitiya recalls with affection one of the oldest trees in the garden—a honey-jack tree known locally as “Lokumänike’s Rata Kos Gaha.”

The story behind it has become part of family lore. According to village elders, his grandmother had brought home the sapling after visiting the Colombo Grand Exhibition in 1952 many decades ago and planted it near the house.

The tree soon gained fame in the village. Its tender jackfruit proved ideal for curry and mallum, while the ripe fruit was renowned for its sweetness.

“Ripe jackfruit from this tree tastes like honey itself,” Siyambalapitiya says. “Even the seeds are full of flour and can be eaten throughout the year.”

Yet age has not spared the venerable tree. It now shows signs of disease, and Siyambalapitiya and his staff have had to treat old wounds and monitor unusual bark damage.

“Once lightning struck it,” he recalls. “The largest branch began to die. Saving the tree required what I would call a kind of surgical operation.”

Such care, he says, reflects the deep attachment he feels toward the collection.

His fascination with fruit trees began in childhood. While attending Royal College in Colombo and living in a boarding house he disliked, Siyambalapitiya would insist that the family procure new fruit saplings for him to plant during his weekend visits home.

“That was the only ‘price’ I demanded for going to school,” he laughs.

Over the years the collection expanded steadily as he encountered new plants in forests, nurseries, and rural landscapes across the island.

The result today is a grove that includes traditional Sri Lankan fruit species, underutilized native varieties, forest fruits, and plants introduced from overseas.

Some species originate in Arabian deserts, while others thrive naturally in cooler climates such as Europe. Certain plants require greenhouse-like conditions, while others are hardy forest trees.

Managing such diversity is no easy task.

“One plant asks for rain, another asks for cold, and yet another prefers heat,” Siyambalapitiya explains. “Too much rain makes some sick, too much sun troubles others. The older trees overshadow the younger ones. You cannot feed or medicate them all in the same way.”

He compares the task to caring for a household filled with people from many nations and ages—each with different needs.

Despite the challenges, he believes the effort is worthwhile, particularly because many of the trees are native species that have become increasingly rare.

“If things continue as they are, some of these plants may disappear from our lives,” he warns.

To preserve knowledge about them, Siyambalapitiya is preparing to launch a book titled “Mage Vendala Palathuru Arana” (My Vendala Fruit Grove), which serves as an introductory guide to the collection.

The book, scheduled for release on April 18 at the Vendala estate, will be attended by Ven. Dr. Kirinde Assaji Thera, Chief Incumbent of Gangaramaya Temple,

Uruwarige Wannila Aththo, the leader of the Indigenous Vedda Community,

a long-serving former employee who helped maintain the plantation, and Sunday Dhamma school students from the region, who will participate as guests of honour.

The publication will also mark Siyambalapitiya’s eighth book. Previously he authored seven works and wrote more than 500 weekly newspaper columns offering commentary on politics and current affairs.

While working on the fruit catalogue, he is simultaneously writing another volume reflecting on his 25-year political career, including his tenure as Deputy Finance Minister during Sri Lanka’s most severe economic crisis.

For Siyambalapitiya, however, the fruit grove represents more than a hobby or academic exercise.

“The fruit we enjoy is the result of a tree’s effort to reproduce,” he says. “Nature has given fruits their taste, fragrance and colour to attract us. All the tree asks in return is that its seeds be carried to new places.”

That simple cycle of life, he believes, has continued for tens of thousands of years.

“And those who love trees,” he adds, “are guardians of the world’s survival.”

by Saman Indrajith

Pix by Tharanga Ratnaweera

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Smoke Free Sweden calls out to WHO not to suggest nicotine alternatives

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It has been reported by the international advocacy initiative, ‘Smoke Free Sweden’ (‘SFS’) that many International health experts have begun criticizing the World Health Organization (WHO) for presenting safer nicotine alternatives rather than recognizing its role in accelerating decline in smoking.

As the world’s premier technical health agency, the WHO is empowered to support strategies that reduce morbidity and mortality even if they do not eliminate the underlying behaviour. Furthermore, it should base its guidance on evolving scientific knowledge, which includes comparative-risk assessments. Equating smoke-free nicotine alternatives with combustible cigarettes, is essentially putting lives at risk, according to the health experts contacted by SFS.

The warning follows recent WHO comments suggesting that vaping and other non-combustible nicotine products are driving tobacco use in Europe. This narrative ignores real-world evidence from countries like Sweden where access to safer alternatives has coincided with record low smoking rates.

A “Smoke-Free” status is defined as an adult daily smoking prevalence below 5% and Sweden is on the brink of officially achieving this milestone. This is clear proof that pragmatic harm-reduction policies work. Sweden’s success has been driven by adult smokers switching to lower-risk alternatives such as oral tobacco pouches (Snus), oral nicotine pouches and other non-combustible products.

“Vapes and pouches are helping to reduce risk, and Sweden’s smoke-free transition proves this,” said Dr Delon Human, leader of Smoke Free Sweden. “We should be celebrating policies that help smokers quit combustible tobacco, not spreading fear about the very tools that are accelerating the decline of cigarettes.”

It is further reported by health experts that conflating cigarettes with non-combustible alternatives risks deterring smokers from switching and could slow progress toward reducing tobacco-related disease.

Dr Human emphasized that youth protection and harm reduction are not mutually exclusive.

“It is critically important to safeguard against underage use, but this should be done by targeted, risk-proportionate regulation and proper enforcement, not by sacrificing the right of adults to access products that might save their lives,” he said.

Smoke Free Sweden is calling on global health authorities to adopt evidence-based policies that distinguish clearly between combustible tobacco – the primary cause of tobacco-related death – and lower-risk nicotine alternatives.

“Public health policy must be grounded in science and real-world outcomes,” Dr Human added. “Sweden’s experience shows that when adult smokers are given legal access to safer nicotine alternatives, smoking rates fall faster than almost anywhere else in the world.”

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