Simanjuntak, Marcella Elwina and Boong, Meilinda Florensiana (2013) Rights to Health versus Rights to Work and Livelihood: The Struggle of Tobacco Farmers on Their Economic, Social, and Cultural Rights in Indonesia. In: 10th ASLI Conference: "Celebrating Diversity: Ten Years of ASLI.", 23-24 May 2013, The National Law School of India University, Bangalore, India. (Submitted)
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Abstract
Unlike smooth cigarettes (named as white cigarettes in Indonesia), clove cigarettes contain some natural ingredients such as tobacco and clove so that their taste and fragrance sensation even their sense of art have spread over the world, penetrating many countries. Within hundreds of years the tobacco farmers and clove cigarette craftsmen have been surviving in hard situations to make self defense and to depend on this industry. During the economic crisis striking Indonesia in 1990s, one of industries remained alive and not widely affected by the crisis was cigarette industry. It appeared to be one of the people’s economic backbones. Economic contribution of the tobacco sector to the State’s revenue is even far beyond the tax revenues contributed by the largest mining companies in the Republic. Recently, a warm debate about cigarette and tobacco spread out the communities in Indonesia. The prevalence of the Act No. 36/2009 on Health determining tobacco (including cigarettes) as addictive substance and should be avoided had reminded us to the 'nicotine war' phenomenon happening in the U.S. and Europe some time ago. The issuance of the Act on Health and the plan of ratifying the Frame Convention on Tobacco Control (FCTC) emerged is a discourse by health observers, and had led to many debates, protests, and even demonstrations of Indonesian hundreds of thousands of tobacco farmers and cigarette factory workers whose life are highly dependent on tobacco and cigarettes. This paper will present a discourse between the community’s rights to gain healthy life (without cigarettes and tobacco) and people’s rights (especially the tobacco farmers) to keep having their work and to get a decent living for humanity’s sake guaranteed by the Constitution, laws, and regulations, including the ratification of the International Covenant on Economic, Social and Cultural Rights by Indonesian government. Keywords: rights to health; rights to work and livelihood; struggle of tobacco farmers; economic, social and cultural rights
| Item Type: | Conference or Workshop Item (Paper) |
|---|---|
| Subjects: | 300 Social Sciences > 340 Law 300 Social Sciences > 340 Law > 345 Criminal law 300 Social Sciences > 340 Law > 348 Laws, regulations & cases |
| Divisions: | Faculty of Law and Communication > Department of Law |
| Depositing User: | Ms Marcella Elwina Simandjuntak |
| Date Deposited: | 21 May 2024 01:37 |
| Last Modified: | 22 Jun 2024 22:59 |
| URI: | http://repository.unika.ac.id/id/eprint/35570 |
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