Sri Lanka fails to See the Value of Street Vendors

9 January 2021 

Street vendors are a common phenomenon wherever you go, not only in this country but even in the developed world. I was amazed to see street vendors even in Switzerland in the early part of 2020. The street vendor culture that prevails in Singapore is a classic example of the power of street vending. The most famous New York City where over 10,000 people make a living by street vending is simply wonderful and the mix cuisine they provide is simply out of this world .

 History of Street Vendors in the world
 Street Vendors have been in existence since ancient times. In all civilizations ancient and medieval, you could read accounts of travelling merchants who sold their wares in the town and also going from door to door. Apparently in the 14th century in Egypt vendors had sold kebabs, rice and even fritters. Ancient Greeks had street vendors, who sold small fish while the Ancient Romans (poorer sector) depended on street food because often they did not have ovens to prepare food in their homes. In ancient China street food was intended for the poor but the wealthy sent their servants to buy street food from vendors. History records that in Ancient Rome people became aware of public entertainment in the Roman Coliseum and thus spectators would come to see competitions, contests, chariot races and circuses. The majority of them had to be fed and thus started street vending.

Street Vendors have been in existence since ancient times. In all civilizations ancient and medieval, you could read accounts of travelling merchants who sold their wares in the town and also going from door to door

 

Their Contribution
Street vendors are an integral part of urban economies around the world offering easy access to a wide range of goods and services in “public spaces”. Whatever anybody may say, they are part and parcel of a country’s commerce structure with the ability to serve instantaneously. They can conduct business with such speed and velocity that even the more organized sectors in commerce can be baffled. What makes them strong is sheer street-smartness. For they operate in such a way that they do not have what is referred to as ‘overheads’, they have no rigid working hours, they can start at any time they wish even as early as six in the morning. They are not considered as part of the formal sector representing the Commercial world, but their contribution is sufficient enough to merit inclusion to the formal sector.

 

Treat them with dignity
 We need to understand that a lack of gainful employment coupled with poverty in the rural areas have pushed people out of the villages in search of better existence in the cities. In that context, it is sad to note that in modern times we find that street vendors are rarely treated with the same measure of dignity and tolerance. They are often harassed and targeted by local politicians, law enforcement authorities and the municipalities. The urban middle class very often complains how street vendors make urban life unpleasant; hence there is constant pressure on government agencies to clamp down on these activities. But the question is, are we mindful of the lives that these people lead? How they struggle to make ends meet?

 

Their role during the Pandemic
During the  COVID-19 pandemic when the formal and organized sector was reeling under pressure trying to get into grips with health guidelines , it was this sector that rose to the occasion and started the house to house selling programme and kept the people properly and adequately serviced and supplied . From vegetables to meat, fish, coconuts, milk powder, condiments, rice, sugar and practically all types of essential provisions were brought to the very doorstep. It is them who really ensured that the people had the essential good until the big companies and supermarkets launched their online purchasing programmes and deliveries. Therefore their role during the first half of the year was incredibly important.

 

Recent action against Street Vendors in Moratuwa 
The action by the Moratuwa Municipality and the Police around the 18th of December 2020 to evict vendors and confiscate (subject to correction) of their goods have raised more questions than answers. It was brought to my attention that the Municipality had on several instances issued letters of eviction to the vendors in question and it is thereafter that together with the police they took action to evict them. As to whether this action is legitimate and according to the law is an equally important matter which will be dealt in the next paragraph but we need to admit that the manner in which it was carried out was certainly not in keeping with the norms of democratic governance. Hence all action both of the Council and the Police needs to be condemned in the strongest possible manner and action taken by responsible higher authorities to ensure that there would be no repetition of this nature and responsible public servants and elected officials are issued with strictures and disciplinary action if necessary.

 

 Statutory Provisions on Street Vending
We all need to understand that all actions of both; the elected representatives and officials have to be according to the powers provided in Statutes, Acts, Regulations, By- Laws, etc. Sadly, in most instances even the Politicians are not aware of this.

 If you analyze the recent Moratuwa incident it is abundantly clear that both categories of officials be it the Municipality or the Police did not have the powers to evict the street vendors and or confiscate their goods without reference to court. I for a moment don’t think that the Mayor and his staff are aware that we are dealing with a set of people whose rights are protected under Article 14(g) of the Constitution of our country. “Any person has the freedom to engage by himself any trade or business.” The position is aggravated further by the fact that the relevant Municipality has not even approved or passed by-laws pertaining to “Regulation of the street vendors” and neither have they Gazetted prohibitions.

 Even in the existing provisions of the Law, it is very clear that the intention of the Law is not to penalize the seller (vendor) or cause monetary loss/damage to them. The reason is very clear; it is “their livelihood” that we are dealing with and we are morally and ethically duty bound to protect them and their goods.  Imagine their plight if these Vendors had obtained money from various sources paying exorbitant rates of interest!!  All Mayors and elected councillors need to understand that they are being elected to serve the people of the locality. Hence they are bound by law to act with restraint.

The only avenue available for confiscation within the Law is in a situation where the MOH or his authorized representative (the PHI) intervenes to confiscate food or drinks offered for sale by the vendors, which is unfit for human consumption. Even such confiscation has to be referred to Court for adjudication.

The current Mayor of the Council in question happens to be the Chair of the Mayors Forum in the entire country and therefore he needs to understand that he has to set an example to others to follow. If he conducts himself in a manner not in keeping with the principles of natural justice, I dread to think what the future would be.

Street vendors are truly an essential part of our society. Given the economic difficulties due to the Pandemic, we see more and more people from the middle class as well as upper middle class taking to the streets to sell something and earn a living. From the boots of Wagon-Rs to Mercedes Benz and BMWs we see food, clothing, household items and other essential items are being sold. Not only in Colombo but also in other cities families are bringing their goods to sell on the streets. These street sales are so important to ensure that there is circulation of money. Therefore it is our fundamental duty and moral obligation to protect the street vendors.