MEDIA MONITOR SOUTH ASIA

A five-member South Asian Free Media Association's (SAFMA) Fact-finding Media Mission to Nepal to evaluate the state of the media freedom, right to speech, right to information and press freedom in the post-Proclamation of Emergency on February 1, 2005, has completed its initial work. The Media Mission has been closely monitoring the media situation in Nepal ever since the imposition of emergency and has spent five days in Kathmandu and met various media bodies, Supreme Court Bar Association, human rights organizations, political parties, diplomats, Vice Chairman Council of Ministers Dr Tulsi Giri, Vice Chairman Kritinidhi Bista, Army Spokesman Brigadier General Dipak Gurung, other officials and a large number of civil society representatives. We appreciate and welcome the cooperation we have received from our fraternal media community, especially the SAFMA Nepal and Federation of Nepalese Journalists (FNJ) and other media organizations, private media houses, civil society organizations, political leaders and top government representatives.

Since SAFMA is the mainstream media body of the countries of South Asia with five national chapters, its Media Mission to Nepal was arranged and initiated at the behest of SAFMA Nepal and its sister organizations. As SAFMA aims at free flow of information across the borders of member countries of SAARC and has developed a South Asian community of media practitioners, the issues of media freedom in Nepal during the current emergency period in Nepal are of great concern to the media community of our own region. Moreover, in this age of information revolution in a global village, freedom of Press and fundamental rights are both indispensable and indivisible.

Mandate of the Mission:
Conscious of our limits and the scope of profession, SAFMA recognizes and respect the sovereign and inalienable right of the Nepalese people to decide the nature of their government, i. e., a constitutional monarchy or a republic-san-monarchy. No one has the right to usurp or define that rightwhether an authoritarian patriarch and totalitarian forces or the international community. As a part of media community and represented by our SAFMA national chapter, on whose behalf we are here, we are mainly concerned about the current state of media freedom, rights to express, association and information and safety of media practitioners which is so crucial to a free and independent press, although inseparable from democratic freedoms and Universal Charter of Human Rights to which Nepal is a signatory. The SAFMA Media Mission will continue to monitor the media situation in Nepal through a joint committee of SAFMA Nepal and Federation of Nepalese Journalists (FNJ) and will release a detailed Media Monitor latter after a Joint Committee of SAFMA and FNJ will have visited all the five regions of Nepal.

Overview:
The State of Emergency proclaimed on February 1, 2005, is not the first suppression of the fundamental rights and the freedom of the Press ever since the introduction of 1990 Constitution. It is, however, worse than the previous emergency in both scope and intensity. This is symptomatic of the failure of state, crisis of representative institutions and breakdown of constitutional structures and rule of law. The three way conflict between the Palace and democratic forces and the Maoists has become so complicated that it cannot be resolved with the barrel of a gun which may further exacerbate the crisis beyond the capacity of the parties to the conflict.

The Declaration of the State of Emergency has suspended sub-clauses (a), (b) and (c) of clause 2 of article 12, clause 1 of article 13, and articles 15, 16, 17, 22 and 23 (except the sub-clause on habeas corpus). This has led to blanket suspension of fundamental rights of the people and most coercively of the media practitioners resulting in the enforcement of a brutal censorship on information, the media in particular. With the denial of right to know and right to express, a young and free media has been chained to infinite, yet undefined, censorship. The Royal Proclamation of February 1 seems to be in absolute conflict with the stated objectives of the extraordinary measure and has alienated most sections of civil society, especially the media that have been subjected to worse intimidation and harassment at the hands of those who know nothing except coercion.

The media practitioners and media houses have been terrorized and those who responded to the call of their profession have been victimized and continue to be intimidated by various means, including detentions, takeover of news houses, closer of news and current affairs programs, imposition of censorship, withdrawal of advertisements and subsidies, unprecedented retrenchment of journalists, and distortion of information, denial of professional responsibilities, forced migration or circumvention of movement and imposition of communication quarantine. Although there seems to be some 'relaxation', as the time passes, but this is not due to some retraction or review, but because of the incapacity of the coercive institutions and resistance of the media community that continues to resist the draconian measures. What is even worse is that media are being coerced into coalescing in self-censorship they really don't understand what to and not publish or broadcast. The irony of the situation is that all doors to seek remedy and justice have been closed.

The crisis may prolong, and even become irresolvable, and a negotiated settlement of conflict, restoration of peace and multiparty democracy may become impossible in a sharply divided polity. Between the two extremes and amid crossfire, the people at large, including the journalists, may suffer greater agonies they don't deserve. Role of the international community may slightly mitigate the sufferings of the people, but it cannot substitute the role of the Nepalese people to decide their own destiny.

Censorship:
Direct censorship crippled the Nepalese media including print, electronic and online. The media blackout violated rights granted by Nepalese constitution blocking citizens' access to information and the media's right to impart information. Soon after the proclamation of emergency, Nepal was isolated from the world after all phone lines and internet were cut off and all domestic and international flights were suspended.
Under the state of emergency, a number of formal informative websites with little news trickling out of the country were banned. The direct censorship was evident in bland coverage of the newspapers relatively considered bold and candid which brushed away all critique and covered the coup against democracy and press freedom with no critical comment. In an attempt to coerce the press, the king imposed a six-month ban on media reports critical of the state of emergency suspending the right to freedom of expression and freedom of press. Security forces intimidated and harassed the journalists, in particular the members of Federation of Nepalese Journalists (FNJ).

In an effort to pressurise the media, security personnel swooped down on newspapers and broadcast newsrooms watching every movement and monitoring the content of all information before it goes to press and on air. The relativity of media was clashed by the irrelevance and subjectivity of the monarchy and space for news was filled by the non-news stuff like editorials on weather, rice and river dolphins. The media persons learnt to convey camouflaged messages using pun and metaphor. Security personnel were called back within a week from media offices after the editors assured them of self censorship.

Journalists Arrested:
This time more than 31 journalists were arrested and interrogated over publishing news presumed to be in conflict with the Royal directives. Some journalists were detained for covering protest staged by political parties and publishing cartoons and broadcasting stuff like interviews with Maoist leaders.

The arrested journalists are Netra KC, BBC stringer; Khagendra Sangraula, columnist of Kantipur daily; Bishnue Nisthuri, general secretary of Federation of Nepalese Journalists (FNJ); Narayan Adhikari, Rastriya Samachar Samiti (RSS); Basanta Parajuli, Gorkhapatra Daily; D R Panta, correspondent of Kantipur Daily of Dadeldhura branch; Khem Bhandari, editor of Abhiyan daily published from Mahendranagar; Sujb Bajarachrya, Sandhakalin City Times; Anil Tiwari, editor of Ankush daily; Swaagat Nepal, reporter and columnist for the daily "Nepal Samacharpatra; Arjun Prasad Shah, editor Batabaran Weekly; Monohar Pokhral, editor Jana Aakrosh; Narayan Shah, Drishti Weekly; LabadevDungana, executive editor of Panchther; Kamal Koirala, editor of Weekly Roadmap; Kanak Mani Dixit, editor and publisher of the Nepalese-language Himal Khabarpatrika magazine; Ashish Sarraf, photo-journalist in Janakpur; Ganesh Lama, reporter for weekly Janaprahar; Sarad Adhikari, correspondent for Channel Nepal; Rajesh Chandra Raj Bhandari, chairman of FNJ Baglung branch; Dipendra Chauhan, managing editor of local daily Ankush; Gopal Brahi, Daily Ankush; Kashinath Yadav, editor of Brahmastra daily; Rabindra Singh, correspondent of Kalaiya weekly; Dwarika Uprety, publisher of the weekly Roadmap; Krishna Prajapati, correspondent of Sandhya Times Daily; Robin Poudel, sub editor of Aawaj weekly, Tanahun; Kamal Raj Regmi, Kishor Karki, Keshav Ghimere and Bimal Shakya.

Newspapers Under Siege:
The complete media blackout outside Kathmandu left newspapers, including Mechi Kali, Daily Lumbini, Jana Astha and Naya Disha with no option except to stop publication. The security forces seized the press of four newspapers Rastriya Samata, Punarjagaran, Tajakhabar and Ruperkha. Confiscation of a vernacular paper 'Blast' exposed the intentions of security officials not to let a single critical word.
Naya Yugbodh daily and Gaunghar weekly closed their publication after district administration office sent them letters ordering to wait till further notices. Weekly Prakash, the Singuli Times, Sindhul, and Janaprabhat weeklies were issued orders to close their publications. Since the February 1 royal move, the Kavre district has remained without any newspaper and hence no information. Shivahari Bhattarai, editor of Suchana Weekly, reportedly faced pressure to close the weekly.

Weekly Sangue left its editorial space blank to protest the restrictions imposed on press. Several journalists were summoned and interrogated like Kavir Rana of Deshantar; Rajendra Vaid of Bimarsh; Indra Rijal and Suneel Sharma, owner and editor of the weekly Rashtriya; Surya Thapa, editor of Budhabar weekly; and Narayan Wagle, editor of Kantipur; Prabhakar Ghimire, Narayan Sharma and Khuman Singh Tamang of Kantipur Publications separately about the content published in their newspapers regarding security officials and police for the sake of clarrification. Chief District Officer of Kathmandu summoned editors of five vernacular weeklies to inquire about the blank spaces on different pages. Security forces searched the house of Kiran Pokhrel.
Kathmandu district administration office issued arrest warrant against Rajesh Kumar Batala and Chandra Rawal editor and assistant editor of a vernacular weekly, Kasthamandap Express.

FM Stations/TV
All private FM radio stations were asked to broadcast entertainment programmes and completely banned news and current affairs programmes. More than 1, 000 radio journalists were rendered jobless as only sections dealing with entertainment programmes were allowed to work. Image Channel, a popular TV, closed its English news desk after several news anchors and reporters were laid off. The government's decision inflicted a loss of over 30 million rupees to FM stations.

More than 1, 000 journalists lost their job during the state of emergency. Here is the detail of 532 employees of FM stations who were fired out.

February 11, 2005
HBC 94, Kathmandu, 40 employees
Butwal FM 94.4, 22 employees
Radio Sworgya Dawari, Dang, 7 employees
Koshi FM 94.5, Biratnagar, 12 employees
Kanchanjungha 92.6, Jhapa, 50 employees

February 13, 2005
Communication Corner, Kathmandu, 50 employees
Kalika FM, Bharatpur, 30 employees
Saptakoshi FM, Sunsari, 25 employees
Pokhara FM, 15

February 14, 2005
Radio Lumbini, 50 employees
Radio Sagarmath, Kathmandu, 32 employees
Radio Madanpokhara, Palpa, 6 employees
Kantipur FM, 14 employees
Metro FM, Kathmandu, 29 employees

February 17, 2005
Tinau FM, Rupandehi, 27 employees
Synergy FM, Chitwan, 37 employees

Matters of Concern:
Although the overall post-February 1, 2005 situation is quite alarming, there are certain over-riding matters of concern that the SAFMA Media Mission has, in particular noted.

Major Areas of Concern:
The following are major areas of concern for the media community and civil society that SAFMA shares with them.

The suspension of most of the fundamental rights that adversely affect the life of the people, media practitioners in particular. Most notable are the suspension of sub-clauses (a), (b) and (c) of clause 2 of article 12, clause 1 of article 13, and articles 15, 16, 17, 22 and 23.
The citizens' right to appeal and seek justice through legal means is in jeopardy and the authority of the superior judiciary to provide justice and interpret law compromised. Unfortunately, the superior courts have declined to admit the petitions challenging the ultra vires of the proclamation of emergency and suspension of fundamental rights.
Since February 1, the media have been placed under constant harassment and are being forced to coalesce in to official "truth" and become an instrument in the hands of officialdom denying the people their right to information.
Dozens of journalists were arrested, many dailies and weeklies were forced to shut down, FM Radio sector stopped from relaying any news and current affairs programmes, private television networks barred from telecasting the dissent, hundreds of journalists from outside Kathmandu Valley forced to either stop their work or take asylum outside their place of work or home towns, freedom of movement partially curtailed, economic sustainability of the private sector media has become doubtful due to the withdrawal of official advertisements and subsides, especially the weeklies, hundreds of journalists rendered jobless and the future of media industry and professionals has become bleak.
The sword of uncertainty is hanging on the media community and media houses. Safety of journalists has become more critical, especially those living and working outside the Kathmandu valley and zones of conflict.
The owners of private media organizations are being pressurized to curtail the editorial freedom of the Editors who, in turn, are being forced to circumscribe the professional freedom of the working journalists who are bring threatened to loose their jobs or compromise their professional independence.
The state-controlled media, on the other hand, is being patronized to monopolise the market and sway the information sector with the "officially-sanctioned truth".
Contrary to His Majesty King Gyanendra Bir Bikram Shah's contention that "an independent Press serves as a medium for raising the level of democratic consciousness; it plays a crucial role in the promotion of national interest", a blanket censorship has been imposed by invoking sub-clause 1 of Clause 15 of Print and Publication Act and Broadcasting Act. As if not enough, the conditions being imposed by the military authorities, District Administration Offices and ministries of information, communication and home are so much prohibitive that media industry can in no way function as a vehicle of communication and information. The Print and Publication Act and National Broadcasting Act are being misused to stifle those publications and broadcasting houses that refuse to compromise their editorial independence. The leverage of draconian laws, such as Terrorism and Disruptive Activities Ordinance (TADO), is being used at random against journalists who, in most cases, are being kept under detention at military barracks, police stations or unknown places with no access to family or attorney. Whereabouts of certain missing journalists are still not known to their families. Eight journalists are still under detention while many more are "missing".
The censorship committees, consisting of Chief District Officer and representatives from Police and Army have further expanded the scope of censorship. The authorities, not legally competent to regulate the media, are interfering with the daily working of media without being accountable to a legally competent authority. Given the ambiguity of the scope of censorship, the officials at various tiers of civil and military administration are making the life of working journalists miserable. The orders are often verbal and, in most cases, violate all tenets of law. Editors and journalists are summoned to the police stations or military barracks where they are humiliated, pressurized and, in some cases, tortured.

Main Issues and Demands:
The SAFMA Fact-finding Mission, after thorough evaluation, is in full agreement with SAFMA Nepal's and FNJ's identification of following main issues and demands:

Restoration of all constitutional clauses regarding freedom of speech, right to know and association and a free Press.
An end to the misuse of Print and Publication Act and the National Broadcasting Act.
Lifting of all curbs and censorship on media and an end to the interference in the day-to-day working of media profession and private media houses.
Withdrawal of all arbitrary orders, conditions and instructions that in any way interfere with the working of an independent press and any arbitrary change in any media law that curbed the media freedom should be withheld.
An end to the harassment of working journalists, editors and publishers by various agencies.
Restoration of all banned news and current affairs programmes and re-instatement of all journalists retrenched since February 1, 2005 with full compensation.
Immediate and unconditional release of all those journalists who have been arrested on flimsy grounds.
Allowing safe return of journalists to their work places and home districts from where they have been forced to flee or take asylum elsewhere.
Providing safeguards and ensuring safety of journalists in the entire country, especially outside Kathmandu Valley and in the zones of conflict.
Revival of official advertisement on merit and subsidies.
Measures by Maoists to refrain from prohibiting media persons to perform their duties and ensuring their security.

Conclusion:
SAFMA shares the agony of its Nepalese colleagues and reiterate its fullest solidarity with the Nepalese journalists in their struggle for free and independent media. It will mobilize the media community in the South Asian region and the world at large to stand by Nepalese colleagues in this hour of trial. To pursue these objectives together, SAFMA Nepal and FNJ have agreed on a Memorandum of Understanding that is being signed today by the respective presidents of the two organizations.

Update on Media Mission:
The fear created by the state of emergency constrained the journalists in Nepal to observe 'Press Freedom Day' on May 3 silently. The demonstrators slammed the restrictions imposed by the government to hound the media. The Nepalese government, Army and police strived hard to curtail press freedom and hinder free movement of journalists. The security forces stopped Kanak Mani Dixit, editor of Himal magazine, from going out of the country on what they called the orders of high authorities.

One of the hindrances was the suspension of mobile connection. The mobile phones remained closed for some journalists like Yubaraj Ghimire, editor of Samaya weekly; Taranath Dahal, former president of FNJ; Gunaraj Luitel, news editor of Kantipur daily; Sohan Shrestha, news chief of Kantipur Television; Ujir Magar, sub-editor of Kantipur; Bimal Gautam, correspondent of Kantipur Television; Puskar Lal Shrestha, chief editor of Nepal Samacharpatra daily; and Mahendra Bista, general secretary of FNJ.

The Nepalese journalists continued to face intimidation and threats from both the Maoists and the government. The Maoists abducted Som Sharma a reporter for 'Aankha' and Bikram Giri, reporter for Kantipur Publication to throttle their voice. They applied all the tactics to subjugate journalists. For instance, the Maoists vandalised Ghoda Ghodi FM station in Kailali and took away the equipments.

The local administration maintained pressure on journalists in infinitive ways. They interrogated Kanak Mani Dixit, editor of Himal news magazine, for writing against the spirit of monarchy. Despite lifting of the state of emergency on April 30, the fundamental rights, including freedom of expression, remain suspended. FM stations could not get permission to broadcast news and informative programmes despite a series of protests by the Federation of Nepalese Journalists (FNJ) and the Save Independent Radio Movement (SIRM). The government obstructed the work of FM stations and by disallowing radio stations like Karnali, Jumla and Bijaya FM, Nawalparasi the purchase of new back-up transmitters.

The royal takeover deprived the FM stations of the services of a syndicate audio content provider, 'Communication Corner'. The Ministry of Information and Communication in a one-sentence 'secret' and 'urgent' letter ordered Communication Corner to close down its operations which it deemed illegal. A ray of hope appeared among the journalists and media rights' bodies when FM management boards in Pokhara decided to reinstate journalists through an agreement between FM operators and journalists.

The government passed a rigorous law and brought amendments into Radio Act 2014, Press and Publications Act 2048, Press Council Act 2048, National Broadcasting Act 2049, and Defamation Act 2016 to stifle press freedom. After facing the drudgery of the state of emergency and royal takeover, the journalists tried to exercise their fundamental rights by staging a series of demonstrations, which suppressed by the police. The police did not spare even the silent and peaceful demonstrators and arrested more than 115 journalists in different rallies and also beat them up. The year of 2005 witnessed a most adverse situation for press freedom in Nepal. This time the state of emergency proved more coercive for journalists. The pressure from national and international media organisations did make a difference, but journalists still need to fight both their fundamental rights and press freedom. Greater solidarity campaigns must be launches throughout the region for the revival of press freedom in Nepal.