NATIONAL 1 (Spotlight Weekly)]

‘Violation Of Press Freedom Continues In Nepal’

By BHAGIRATH YOGI

Violations of freedom of press and expression have increased in Nepal in the aftermath of an armed rebellion by an underground left outfit, Communist Party of Nepal (Maoist), more than four years ago, an annual report published by the Center for Human Rights and Democratic Studies (CEHURDES, contact cehurdes@enet.com.np), a Kathmandu-based non-governmental organization, said. Follows excerpts of the report published on the occasion of the International Press Freedom Day 2000 (May 03):

Annual Report on Status of Press Freedom in Nepal 2000

Between the period of May 3, 1999 and May 2, 2000, a journalist was murdered by some unidentified persons, a journalist is missing for more than one year, three journalists have been put behind bars briefly, five journalists were sent to jail on charges of contempt of court, nine journalists were detained briefly by the civil administration and at least two dozen journalists were physically abused, threatened or misbehaved by different sections of society.

Murder/Disappearances : Vice President of Nepal Press Union (NPU) Rautahat branch Shambhu Prasad Patel was shot by two unidentified gunmen on January 23, 2000 at his residence in Rautahat district. He died on February 5, 2000 while undergoing treatment in Bir hospital. NPU has condemned the murder and has demanded action against the culprits.

Milan Nepali, former managing editor of Janadesh weekly, said to be close to the underground Maoist party, remains missing for more than one year. Nepali was arrested by Police in Kathmandu on June 21 last year and is missing since then from police custody.

Jail terms : Reporter with Janadesh weekly, Chitra Bahadur Chaudhary, is serving term in a jail in Bardiya district whereas Amar Budha of Yojana weekly has been put behind bars in Dang district on charge of being involved in the Maoist movement. Budha was arrested in Udaypur district in eastern Nepal in April last year and Chaudhari was arrested in mid-western district of Kailali in August last year.

Police arrested Krishna Sen in April 1999 and put him in Bhadragol jail. Though the court ordered his release on August 10, the same year, he was imprisoned for nine months. It is alleged that Police arrested Sen as soon as he was released from the jail and was taken into custody at a Police training center in the capital. Later, he was transferred secretly to Siraha jail. Police filed a case under Illegal Weapons Act on February 18 this year. Sen is still languishing in Siraha jail.

Ban : The Censor Board under the Ministry of Information and Communications banned the public screening of the movie "Aago" (meaning, Fire) alleging that the story of the movie resembled to the ongoing Peoples' war waged by the underground Maoists. Producer and Director of the movie have protested the government's decision. The newspapers, that are believed to be close to the Maoist party, have been banned unofficially to enter into Maoist affected areas in mid-western Nepal.

Censorship on Media : As per the directives of the Ministry of Information and Communications, Police raided the office of Space Time Network Pvt. Ltd., the largest private sector cable operator in the country, in Kathmandu on April 19 this year on charges of not clearing the revenue due to the government. All the transmissions of the Company were banned without prior notice. The Company paid all the dues amounting to Rs 4.8 million the same day. The transmission of the Company resumed after nearly 24 hours

Detention : Police arrested 13 people, editors, journalists, press owners and other officials, including Shakti Lamsal of Janadesh weekly and Ashok Subedi of Himalaya Times, proprietor of the Indreni Offset Press Gyanendra Manandhar on January 5 last year. These people were released later but the Police are yet to return the Computer and other equipment that it had confiscated during the raid. Shyam Banjade, assistant editor of Prateek Daily, Birgunj was arrested by the police in May last year on charges of involving in the act of setting fire at the Thakur Ram Multiple Campus, Birgunj. He was later released on bail of Rs. 2000 by Parsa District Court.

Sobhakar Neupane of `Dang Blast' weekly was arrested in November last year in Dang on the eve of nationwide shutdown strike called by a Group of Nine Leftist Parties. He was later released. Roshan Shrestha, reporter with the Kathmandu-based Prakash weekly was arrested in October 1999 and was released after two days.

Bhim Prakash Sharma, publisher and editor of Jana Ahwan weekly, said to be sympathetic to the underground Maoist party, and Om Sharma, executive editor with the same weekly, were arrested by police in April last year in Kathmandu. They were released after nearly three weeks. Arun Pant, a freelance photo journalist and Dr. Rishiraj Baral, Consulting editor of Yojana weekly were arrested in April 1999 and were released sometime later.

Two journalists, Dev Kumar Yadav, Council Member of the Federation of Nepalese Journalist, Siraha and reporter of Janadesh weekly and Nagendra Kumar Paswan, Vice-chairperson of the Federation of the Nepalese Journalist, Siraha section and reporter with Mahima weekly were arrested from their houses at 11 p. m. in Siraha district on February 13, 2000. They were released immediately.

Attacks, Misbehavior and Threatening : Tulasi Subedi, reporter with Pusapanjali weekly published from Dhankuta district, was threatened by some political activists in connection with the publication of a news report in the weekly in Dhanakuta district in eastern Nepal. Police in Syangja district misbehaved with a group of journalists, while they were monitoring Kali Gandaki 'A' hydro electricity project with a group of anti-dam activists.

A group of people attacked Gagan Bista, co-editor of Hindu weekly at his residence in western district of Gulmi during the election campaign in May 1999. He spent several weeks for treatment at Bir hospital in Kathmandu and had to undergo operations of his right hand for four times.

Nearly 100 women along with the proprietor of Hotel Moon, Ms. Urmila Pradhan, misbehaved with journalists of semi-weekly paper `Chirfar' on September 4 last year relating to a news report published in that paper. The report claimed that a local industrialist was found with a prostitute at the hotel.

Yuabraj Poudel, reporter of Nepal Bani weekly of Kathmandu and a reporter for the National News Agency (RSS) was beaten by former secretary of Jhapa district unit of ruling Nepali Congress Gopal Kumar Basnet last year. Basnet sustained serious injuries during the assault. The Federation of Nepalese Journalist (FNJ), Jhapa section, has filed a case at Jhapa District Court against Basnet.

Suspected Maoist activists kidnapped Bidur Dhungel, co-editor of Nawa Aakash monthly, from Ramechhap district early this year. He was later released by the rebels.

Madhusudan Gyawali, reporter of Janasatta and Samakalin weekly was beaten by a group of unidentified people in Biratanagar last year. Bharat Kumar Shahi, a reporter with Himalaya Times Daily in remote northern district of Kalikot District received threatening letter signed by Comrade Prachanda, General Secretary of the underground CPN (Maoist) party. The letter warned that the rebels would kill him by chopping into pieces if he continued to write about Maoist activities in the district.

The organizers of "Nepal Bandha" (nationwide shutdown strike) misbehaved with Gopal Budhathoki, editor and publisher of Hank weekly and Sudhir Sharma, senior reporter with Himal fortnightly magazine on March 27, 2000 in Kathmandu.

Activists supporting the 'bandh' also threatened Tika Ram Rai, editor of Aparanha daily, an eveninger. The organizers also attacked and misbehaved with Chandrakant Poudel ( popularly known as `Gorkhapatra Baje') in Pokhara, looted newspapers and stationeries from his shop and threw them away into a nearby river. Poudel has filed a case against UML leaders in the district alleging them of being involved in the incident.

Court and Media : K. P. Gautam, deputy editor with the state-run daily "Gorkhapatra," was sentenced for five days in prison on 17 August 1998 by the single bench of Judge Ishwor Prasad Khatiwada of Kathmandu District Court. Gautam had published a story on corruption in the courts on the basis of a report prepared by the Auditor General's Office and presented at the Parliament's Public Accounts Committee. Shiva Adhikary, then Chairman of Gorkhapatra Corporation and Uddhav Upadhyaya, editor of the daily were also fined Rs. 500 each. Coincidentally, Judge Ishwor Prasad Khatiwada was one of the main figures accused of corruption in the report. Later, Gautam and others appealed in the Appellate Court, Patan, the final verdict of which is yet to come.

Iswor Bhattarai, Hari Prasad Pandey and Shiva Lamsal publisher, editor and executive editor respectively of weekly Paschimanchal, were detained on 6 July 1999 at the Kaski District Court, western Nepal, for publishing a news item entitled "Allegations of Corruption Against a Judge". The journalists were released the following day after they agreed to publish an apology for two consecutive weeks on the front page of the newspaper.

Jagadish Bhattarai, member of FNJ Palpa section and reporter of Kantipur/The Kathmandu Post daily, agreed to go to Palpa prison accepting the court order on March 12, 2000 for 7 days on charge of publishing an editorial entitled "Saviors of Law are Corrupt" on January 11, 1999 issue of the weekly. In this case, the District Court found Bhattarai as guilty of Contempt of Court and pronounced a seven-day imprisonment and a fine of Rs. 500 by a single bench of Justice Raghu Nath Aryal on August 12, 1999. While giving verdict, the Court said if Bhattarai published an apology within next six months, he would be absolved of the punishment. Failing to do so, Bhattarai was taken into custody on March 12 as per the court order.

Conclusion : In a democratic society, press freedom is the most essential part, which guides freedom of expression and supports democratic exercise. Without press freedom, democracy can't exist. At the same time, journalists need to write and report responsibly as educators in the society upholding the norms and values of democracy. In general, journalism is considered as fourth organ of the state and can play a key role to ensure good governance. In practice, the press and journalists have been facing some troubles. It is a fact that the press in Nepal is free in accordance with the country's constitution but there are still some hurdles created by the government, armed rebels and some members of civil society who don't have tolerance to take criticism by the media in a positive note.

(The Annual Press Freedom Report, 1999 has been compiled and published by Kathmandu-based Center for Human Rights and Democratic Studies (CEHURDES). The report was presented on behalf of CEHURDES by Bhagirath Yogi Associate Editor of SPOTLIGHT magazine at the annual meeting of IFEX (International Freedom of Expression Exchange in New York in May this year)