The International
Federation of Journalists (IFJ) took part in the International Fact Finding and
Advocacy Mission to Nepal
(also known as the International Media Mission), which visited Nepal from 23
to 27 February 2012 to assess the media freedom situation in the country. The IFJ
was joined by AMARC, ARTICLE 19, Centre for Law and Democracy (CLD), Committee
to Protect Journalists (CPJ), International News Safety Institute (INSI),
International Media Support (IMS), International Press Institute (IPI),
Internews, Open Society Foundations (OSF), Reporters sans Frontières (RSF),
South Asia Free Media Association (SAFMA), South Asia Media Solidarity Network
(SAMSN) and UNESCO.
This is the seventh International Media Mission to Nepal in which
IFJ has participated, starting with a mission in July 2005. Notwithstanding
dramatic improvements following the restoration of democracy in 2006, in recent
years progress in promoting respect for media freedom has stalled.
The International Mission focused on two key areas:
legal and policy reform, and attacks on journalists and the culture of
impunity. Despite the existence of a wide range of law and policy reform needs,
concrete action has been taken in only two areas since April 2006, namely
amendments to the Working Journalists Act, 2051 (1993) and the adoption of the
Right to Information Act, 2064 (2007). While the overall number of attacks on
journalists has declined in recent years, the rate remains unacceptably high
and there is disturbing degree of political protection being afforded to the
perpetrators. Many of those responsible for murdering journalists remain at
large, promoting a culture of impunity and leading to widespread
self-censorship by journalists.
The International Mission is making specific calls for
action in relation to these two priority areas. It is committed to conducting
rigorous follow-up to monitor progress on their implementation and also to
providing support for this. We also invite our partners and other local
stakeholders to work together, and with us, to achieve these goals.
The International Mission has two further priority
concerns. First, implementation of the Working Journalists’ Act remains poor,
even within State media outlets. Security of employment and fair compensation
for working journalists are essential for press freedom and independent,
quality journalism. We call upon media owners and employers to fulfill their
legal obligations under the Working Journalists’ Act by signing secure
employment agreements with journalists and by paying the wages that are set
pursuant to the law. We also call on the Government to fulfil its obligation to
enforce the law where owners and employers do not do so.
Second, the International Mission is concerned with
the growing threats to online freedom of expression and the application of
restrictive regulations to the Internet.
The International Mission calls on relevant actors to
address the following media freedom needs:
I. Law and
Policy Reform
Strengthening Proposed Constitutional Guarantees
The International
Mission has studied three of the new constitutional proposals, namely for the
freedoms of expression, of the media and of information. We note that, while
relatively strong, the proposed guarantees are actually weaker than those found
in the 1990 Constitution. Furthermore, the current proposals are not fully in
line with international standards. In particular, vague language is used to
describe the permissible restrictions to these rights, which could be abused to
unduly limit them. We call on the Constituent Assembly to review these draft
provisions with a view to further improving them. Several key actors –
including the Prime Minister, the Chairperson and other Members of the
Constituent Assembly, and the political party leaders we met – have agreed to
open up the discussion on these guarantees so as to strengthen them. To support
this process, the International Mission will provide a detailed analysis of
international standards in this area, as well as the ways in which the current
proposals could be improved.
Development of an Inclusive Media Policy
In the course of a bilateral cooperation project,
which includes efforts to transform Radio Nepal into a public service
broadcaster, the Ministry of Information and Communications has published a
draft Media Policy, 2012, on its website. The International Mission recognises
the need, following the adoption of the Constitution, for the development of a
comprehensive, progressive media policy in Nepal, which is non-discriminatory
in relation to all media. However, the current efforts are problematical both
because they failed to involve key players – including the Federation of Nepali
Journalists – in the process and because the substance of the policy is
inadequate, for example because it fails to address key issues such as the need
for independent regulation of broadcasting and protection of freedom on the
Internet. We call on the Ministry of Information and Communications to develop
a new media document, through an inclusive, pluralistic and gender sensitive
consultative process, with a view to producing a policy which fully addresses
the needs of the media in Nepal.
Most of the key stakeholders we met supported this and the Ministry of
Information and Communications made a commitment to do it. To support this
process, the International Mission will prepare an analysis of the draft policy
and work with other stakeholders to ensure a robust consultative process.
Limiting the Scope of Classification of Information
In January 2012, the Government of Nepal issued a
document, purportedly in accordance with the Right to Information Act, but
without conducting any consultations with local stakeholders, listing some 140
categories of secrets and types of information that should not be made public.
These go well beyond what is permitted by the Right to Information Act, as well
as by international standards. Following widespread local protests and a legal
challenge, the Government has postponed implementation of these rules. We call
on the Government to scrap this document and to restart this process, beginning
with consultations with interested stakeholders. If the Government does this,
the International Mission commits to providing relevant support for the
process.
II. Addressing the Culture of Impunity
The International Mission notes that while there have
been some convictions for attacks on journalists, perpetrators of many of the
most serious crimes remain at large (for example in the cases of Uma Singh,
Birendra Sah and Arun Singhaniya). We call on the Government of Nepal to take
appropriate action to bring the culture of impunity to an end, including by
being fully transparent in relation to the status of investigations into crimes
against journalists. We specifically call on the Government to publish the
findings of the high-level committee that inquired into the killing of J.P.
Joshi and to ensure that political pressures do not derail prosecutions already
launched, including the case of Prakash Thakuri.
In the current hostile environment that prevails in
much of Nepal,
journalists need to know how to protect themselves, while owners and editors
need to be made aware of their duty of care. We recommend the provision of a
sustained safety development training programme, which would build sustainable
local expertise on this issue, and which would cover physical dangers and
trauma awareness, and be gender sensitive.
We also call on relevant stakeholders to set up a
high-level, independent task force with a mandate to take action to address the
culture of impunity, including by carrying out transparent investigations of
serious cases and working with the authorities to ensure that convictions are
secured. In due course, and subject to resources, proactive measures could also
be undertaken, including developing a mechanism for protecting journalists at
risk and a witness protection programme. The precise contours of the task force
still need to be finalised, but we call upon the National Human Rights
Commission, which already has a mandate to investigate human rights abuses, to
play a key role, working with a range of stakeholders, including government.
Many of the key stakeholders we met – including the Commission, several
political parties, victims, and civil society and government representatives –
agree that this is a priority. To support this process, the International
Mission will provide examples and facilitate exchanges to raise awareness of
how similar mechanisms have worked in other countries, and provide support to
bring key stakeholders together to develop the task force.
About the International Mission
The International Mission travelled to Nepal from
23-27 February 2012 at the request of the Federation of Nepali Journalists and
other members of the Nepali media community. The International Mission met with
the Prime Minister, Ministers and the Attorney General, the Chairperson and
other Members of the Constituent Assembly, political party leaders, human
rights bodies such as the National Human Rights Commission and National
Information Commission, donors, and media and civil society organisations. Mission members also visited Janakpur in Dhanusha
District and Biratnagar in Morang District.
The International Mission comprises fifteen
international organisations, including global media associations, freedom of
expression groups, media development organisations and UNESCO. This is the
seventh visit of the International Mission to Nepal, the previous trips being in
July 2005, March 2006, September 2006, January 2008, April 2008 and February
2009.
The IFJ and the International Mission thank the
Federation of Nepali Journalists and other organisations involved in preparing
and hosting the visit, acknowledging the importance of close cooperation with
national stakeholders and ensuring a nationally driven process for promoting
press freedom in Nepal.
For further
information contact IFJ Asia-Pacific
on +612 9333 0950
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