Chapter-3 Protection and Promotion of Right to Food Sovereignty
- Respect, protection and fulfillment of right to food sovereignty: (1) Every farmer shall have the right to food sovereignty.
(2) Without prejudice to the generality of sub-section (1), every farmer shall have the following rights to food sovereignty:
(a) To have identity and respect of every farmer or food producer,
(b) To participate in food and agro- production system,
(c) To have access to means and resources required for agricultural business,
(d) To make choice of local seeds, technology, tools and agro- species and to obtain the protection of intellectual property, thereof,
(e) To protect traditional and indigenous food,
(f) To obtain protection against the deprivation of agricultural occupation arbitrarily.
- Protection of agricultural occupation and promotion of livelihood of the farmer: The Government of Nepal, Provincial Government and Local Level shall make the following arrangements, with mutual coordination, on the basis of available resources and means in order to promote the livelihood of the farmers, by protecting agricultural occupation:
(a) To increase investment in the agro and food production sector,
(b) To expand the sustainable use of and access to improved technology, environment friendly fertilizers, various types of seeds, pesticides or agricultural materials in food production,
(c) To give special priority to cash crops or exportable crops,
(d) To expand simple and easy access of the farmers to the insurance of seeds, crops or livestock,
(e) To increase access of the farmers to agro markets,
(f) To expand access of the farmers to infrastructures needed for organic farming,
(g) To obtain protection from the harm inflicted by the farming of chemical, toxic or genetically modified organism,
(h) To fix minimum support price of the prescribed crops that can be hoarded for a longer period,
(i) To develop the system of giving prior information about weather including excessive rainfall, less rainfall or draught,
(j) To promote sustainable agricultural system based on bio-diversity,
(k) To professionalize, industrialize, modernize, mechanicalize the agriculture in order to protect agricultural occupation,
(l) To expand access of women farmers and landless families dependent on agriculture to agricultural land and agricultural materials, on the basis of priority,
(m) To prevent the water resources used for the agricultural crops, fruits and the livestock from being otherwise used to make unsuitable for such products,
(n) To make arrangements to provide the farmers with compensation as prescribed, during the prescribed situations against harm and loss of agro products or agro crops,
(o) To fix support price of the agro products based on the investment cost.
- Identification and respect of farmers: (1) The Government of Nepal shall identify and classify the farmers as prescribed.
(2) The Local Level shall distribute the identity cards on the basis of classification referred to in sub-section (1).
(3) On the basis of the classification referred to in sub-section (1), the farmers shall be provided with concession, exemption, facility to be obtained from the State and pension based on contribution in accordance with the prevailing law.
(4) Provisions relating to the validity period, renewal of the identity cards and other matters related thereto shall be as prescribed.
- Sustainable use of agricultural land: For the protection and sustainable use of agricultural land, the Government of Nepal, Provincial Government and Local Level shall, with mutual coordination, perform the following functions:
(a) To encourage or promote to plant crops in the agricultural lands identified under the prevailing law,
(b) To separate or classify by identifying the agricultural lands scientifically,
(c) Not to allow or get the agricultural lands to remain fallow and to be used for the purpose other than that prescribed under the prevailing law regarding the use of land,
(d) Not to allow plotting of the agricultural lands,
(e) To carry out development works in a manner not to be contrary to the National Food Plan referred to in Section 21,
(f) To increase awareness about the use of agricultural lands,
(g) To cut down the grant, facility and support to be provided by the Government for the landowners who do not plant crops without reasonable cause in the lands classified for the purpose of agriculture,
(h) To make provisions for the maximum utilization of fertile lands remained fallow, by promoting cooperative farming, bond farming, contract farming or group farming,
- Promotion of local agro- crops and livestock products: The Government of Nepal, Provincial Government and Local Level shall, in order to promote the local agro- crops and livestock products, adopt the following measures:
(a) To promote local agro and livestock products and markets,
(b) To ensure easy access of consumers to local agro and livestock products,
(c) To create an environment for selling their products by the farmers to the consumers from agro markets, agricultural farms or farmlands,
(d) To promote traditional agro markets and marketplaces,
(e) To protect local knowledge and traditional food culture related to agro products,
(f) To promote the agro tourism by utilizing the food produced at the local level.
- Responsibility of sustainable management of agricultural land: (1) The Local Level shall have the responsibility to conduct sustainable management of agricultural lands subject to the Federal and Provincial law.
(2) In order to fulfill the responsibility referred to in sub-section (1), the Local Level shall perform the following functions:
(a) To prepare the list of agricultural lands,
(b) To identify the fallow lands and other land remained at the Local Level,
(c) To maintain the records of the lands identified pursuant to clauses (a) and (b),
(d) To update the records relating to land,
(e) To perform, or cause to be performed such other functions as required to manage the fallow lands effectively.
- Operation of targeted agricultural development program: (1) The Government of Nepal, Provincial Government and Local Level shall make and implement the targeted agricultural development programmes for the protection of the rights and welfare of Dalit, highly marginalized, indigenous farmers or landless farmers.
(2) Other provisions relating to the program referred to in sub-section (1) shall be as prescribed.
- Mitigation of impact likely to be caused from climate change: The Government of Nepal shall make necessary provisions to adopt preventive measures for the mitigation of adverse impacts likely to be caused upon food production from climate change or of the risks that may result therefrom.
- To provide compensation: (1) If a person’s crops do not get produced or crop production decreases substantially after farming with the recommended method, process or manner in the recommended area and time with the seeds recommended by any government institution, body, company or firm, or after the use of seeds, method, process or fertilizers recommended by such an institution, body, company or firm as per recommended manner, the institution, agency, company or firm which makes recommendation of such seeds, method, process or fertilizers shall provide compensation.
(2) Other provisions for the compensation to be provided pursuant to sub-section (1) shall be as prescribed.