Mission Statement byInternational Organisations
International Press Freedom and Freedom of Expression Mission
to Nepal
16 July 2005
From 10 to 16 July 2005, twelve international
organisations, including UN agencies, global media associations,
freedom of expression advocates and media development organisations,
undertook a mission to Nepal concerning freedom of expression
and press freedom.
These twelve organisations met with
persons and institutions with a broad spectrum of opinion on the
current media and freedom of expression situation in the country.
In specific, these meetings included Government Ministers, senior
officers of the Royal Nepal Army, civil society representatives
and a cross-section of the media community in the Kathmandu Valley.
In addition, the mission team visited Butwal, Biratnagar, Nepalgunj
and Mahendranagar and met with local media and civil authorities
from these regions. The organisations also participated in a conference
with national media practitioners on press freedom and press freedom
in Kathmandu on 15 July.
During the mission, the international organisations strengthened
dialogue and relations with the media and freedom of expression
community in Nepal, and highlighted grave concerns with national
authorities over the situation for media and freedom of expression
in the country. The mission stressed the crucial importance of
press freedom, freedom of expression, freedom of association,
and the right to be free of persecution in any situation as fundamental
components of democratic society and a driver of development and
poverty eradication. In that spirit, the mission acknowledged
the importance of accuracy in media reporting.
Based on the findings of the mission,
the international organisations wish to make the following observations
and recommendations in relation to guaranteeing and promoting
press freedom and freedom of expression :
General Observations
and Recommendations
We, the international organisations,
wish to :
1. Highlight the invaluable contribution that the media in Nepal
has made during the past decade and a half as an integral part
in upholding and promoting democracy, peace, development and good
governance, as well as contributing to the eradication of poverty
;
2. Express grave concern that since 1 February the press freedom
and freedom of expression situation in the country has significantly
deteriorated, despite the lifting of the State of Emergency in
April ;
3. Praise the national media community for its dynamism in defending
press freedom and freedom of expression and note that the national
media community are taking active steps in an attempt to address
a number of the press freedom and freedom of expression concerns
outlined in this statement ;
4. State our awareness that all combatants in the conflict have
been responsible for abusing and contravening press freedom and
freedom of expression ;
5. Recognise that the district media,
including both broadcast and print media, work under particularly
difficult conditions as described in the observations and recommendations
below ;
Observations
and Recommendations addressed to the Royal Palace and National
Government
We, the international organisations,
wish to :
Press Freedom and Freedom of Expression
6. Request assurances that freedom
of expression and press freedom are respected throughout Nepal
with particular emphasis on the district media and correspondents
of national media in the districts ;
7. Welcome the assurances given to
the international organisations by the Vice-Chairman of the Council
of Ministers, Mr. Kirti Nidhi Bista, and the Minister of Information,
Mr. Tanka Dhakal, that all articles of the Constitution are in
force, and request that a formal public statement be made that
clearly and unambiguously reaffirms this ;
Harassment, Detentions and Disappearances
8. Express grave concerns about killings,
attacks, disappearances, intimidation, harassment, detention and
displacement of media practitioners and freedom of expression
advocates, and demand that all such incidents cease immediately
;
9. Clearly reiterate that media practitioners
are protected under national and international law and agreements
and that those who violate these must be held accountable and
prosecuted ;
10. Demand that all detained media
practitioners and others imprisoned for the free expression of
their opinions be released and that anti-terrorism legislation
not be used or abused to curb freedom of expression and press
freedom ;
11. Demand that substantive steps be
undertaken to discover the whereabouts of all 'disappeared' media
practitioners and freedom of expression advocates ;
12. Welcome the assurances given to
the international organisations by the Minister of Information,
Mr. Tanka Dhakal, that the cases of three detained media practitioners
(namely Binod Dahal and Bhaikaji Ghimire held in Nakku prison
and Maheshwor Pahari held in Kaski prison) would be looked into,
with the strong request that this be done with the serious intention
of securing their release ;
Media and Legislative Environment
13. Highlight the importance of preserving
and respecting a media environment based on international norms
and standards as enshrined in the 1990 Constitution and other
legislation, with particular reference to the restoration of civil
liberties and fundamental rights after the lifting of the State
of Emergency in April 2005 ;
14. Strongly urge the national authorities
to refrain from introducing any new media ordinance, decision
or ruling which would alter or override existing media-related
legislation, including Supreme Court decisions, with a particular
reference to civil and criminal defamation and licensing regulations
;
15. Express grave concern over the
lack of transparency by the national authorities in dealing with
media and freedom of expression and request that all media-related
issues be dealt with in a transparent and accountable manner ;
FM and Community Radio
16. Recognize that FM and community
radio in Nepal is a respected leader in the global radio community,
and that it can significantly contribute to promote development,
awareness, peace and stability ;
17. Clearly note the fact that FM and
community radio stations in many countries around the world do
indeed broadcast news and that radio stations in Nepal should
not be prevented from broadcasting news in compliance with the
Constitution, Supreme Court decisions and national legislation
guaranteeing press freedom and freedom of expression ;
18. Express concern that in banning
and inhibiting news, the authorities are depriving the population
of free access to information, threatening the financial viability
of media as well as causing large-scale unemployment and declining
incomes for media practitioners, particularly amongst the district
media and FM and community radio stations ;
Direct and Indirect Censorship
19. Clearly state that all direct and
indirect forms of censorship on the media must cease, with particular
reference to interference in editorial independence, the prejudiced
allocation of state advertising, pressure on commercial entities
not to advertise with particular media, increases in postage costs
for print media, disruption of print media distribution and the
threat of non-renewal of broadcast licenses. In addition, the
national authorities should not impose 'coercive measures', such
as firing particular editors and journalists, on media institutions
as a condition to continue to operate ;
Observations and Recommendations
addressed to the Royal Nepal Army and Police
We, the international organisations,
wish to :
Press Freedom and Freedom of Expression
20. Express concern over the lack of
transparency of the security forces in their role, intentions
and dealings with the media and media-related issues ;
21. Request assurances that the security
forces respect freedom of expression and press freedom across
the entire country, with a particular emphasis on the media in
the districts outside of Kathmandu ;
Harassment, Detentions and Disappearances
22. Express grave concerns about killings,
attacks, disappearances, intimidation, harassment, detention and
displacement of media practitioners and freedom of expression
advocates, and demand that all such incidents cease immediately
;
23. Highlight particular concerns about
the treatment of female media practitioners, with an emphasis
on molestation, verbal and physical humiliation, and all other
forms of intimidation and harassment ;
24. Demand independent investigations
are carried out into armed 'vigilante groups' that perpetrate
attacks against freedom of expression advocates, media practitioners
and media facilities, as well as all human rights violations and
criminal acts, and that such individuals and groups be held accountable
and prosecuted for any such actions ;
Direct and Indirect Censorship
25. Clearly state that all direct and
indirect forms of censorship on the media should cease, with particular
reference to interference in editorial independence and 'coercive
measures' being imposed on media institutions as a condition to
continue to operate ;
26. Strongly state that independence
of media must e respected and that media must not be forced or
coerced to carry any specific messages or content, and that media
facilities and infrastructure must not be shut down, damaged or
removed ;
Observations
and Recommendations addressed to the Communist Party of Nepal
(the Maoists)
We, the international organisations,
wish to :
Press Freedom and Freedom of Expression
27. Demand that freedom of expression
and press freedom and pluralism are respected ;
Harassment, Detentions and Disappearances
28. Clearly state that media practitioners
and freedom of expression advocates are protected under international
law and agreements, and that those who violate these laws and
agreements must be held accountable ;
29. Express grave concerns about killings,
attacks, abductions, disappearances, intimidation, harassment,
detention and displacement of media practitioners and freedom
of expression advocates, and demand that all such incidents cease
immediately ;
Direct and Indirect Censorship
30. Strongly state that all media,
with particular reference to district broadcast and print media,
should not be obstructed or prevented in any way to disseminate
news and information, and that media should not be forced or coerced
to carry any specific messages or content ;
31. Strongly state that media facilities
and infrastructure must not be damaged, shut down or removed ;
Observations and Recommendations
addressed to the National Media Community
We, the international organisations,
wish to :
32. Encourage the media community to
continue to work with the dedication and solidarity shown to date
in defending press freedom and freedom of expression ;
33. Encourage all editors and media
owners to support and protect media practitioners in undertaking
their work, and remain mindful of the impact amendments to original
copy can have on the safety of district reporters ;
Observations and Recommendations
addressed to the International Community
We, the international organisations,
wish to :
34. Reaffirm the importance that the
international community continue to address press freedom and
freedom of expression in Nepal and seek to further such rights
with the national authorities at all given opportunities and through
supporting substantive activities on the ground ;
35. Welcome moves by foreign governments
to make the provision of lethal military assistance contingent
on adherence to human rights, including press freedom and freedom
of expression ;
The international organisations will
soon produce a mission report providing further substance and
detail relating to the observations and recommendations outlined
above.
The international organisations will
continue to work with the national partners to monitor, document
and make known internationally all violations of press freedom
and freedom of expression, as well as work with and assist monitoring
mechanisms covering press freedom and freedom of expression established
in the country.
The twelve international organisations
participating in the mission included :
UNESCO, World Association of Community
Radio Broadcasters - AMARC, ARTICLE 19, Committee to Protect Journalists,
International Federation of Journalists, International Media Support,
International Press Institute, Press Institute of India, Reporters
sans Frontières, South Asian Free Media Association, World Association
of Newspapers, and the World Press Freedom Committee
For further information about the mission
and this statement, please contact:
Jesper Højberg or Thomas Hughes
Internastional Media Support
Tel: +45 3269 8989
i-m-s@i-m-s.dk
Contact in Nepal:
Media Services International (MSI)
Tel: +01 4266821
email: msi@mail.com.np
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