Forum (Spotlight Weekly)

NHRC Calls For Press To Cooperate

Dr Bipin Adhikari & Advocate Hari Phuyal

One of the main functions of the Human Rights Commission is to promote the understanding of, respect for, and observance of human rights in Nepal. This function is intended to contribute to the development of a wider human rights culture. In order to work towards this, the Commission aims to communicate information on issues relating to human rights to as many people as possible. The communication and distribution of information and policy through the mass media is a fundamental part of this process.

The Commission employs several different means to achieve this. It releases regular statements to the media on human rights issues, organizes educational and promotional activities, recommends policy changes, and pursues many other activities. Seminar, workshop and other type of interactions with the state actors and general people also take place at the Commission on a regular basis. Any interested party can visit the Commission for its opinion on a certain issue. Individual Commissioners as well as the Commission as a body corporate has always been available to comment on critical issues. In fact, despite the limitations posed by lack of adequate manpower and resources, the door of the Commission for those seeking information and comments has been kept open for all.

The effectiveness of the Commission, which neither has an independent source of money, nor the benefit of an extended national network, depends to a great extent on the cooperation extended to it by the general public, the press and electronic media, and the victims of the human rights abuses. Especially journalists, who have critical human rights consciousness, can help create people who can invest on human rights capital which is seriously lacking. Informed, sensitive and professional journalism is a key element in any media strategy for improving the quality of reporting concerning human rights and society.

The daily challenge to journalists and media organizations is particularly felt in the coverage of the news of confrontation between Maoists rebels and the state actors including the security forces. This confrontation, or the war, has become the principal means of victimization of ordinary people in the country. The movement and the response of the state to it haves become the source of patterned human rights abuses. The media has given full coverage to the political aspects of the movement, the responses of the government and the civil society, and political gimmicks around it, but the voice in favor of the human rights protection has been very weak.

Much of the figures of human rights casualties are reported without giving details as to how it happened, and whether the rule of law, or the applicable human rights norms were observed. It might not be possible for human rights organizations to reach everywhere to monitor things, but true and human rights oriented coverage of the journalists can not only educate the warring groups, but also the general public who have stake in the war. To do their job of informing the public effectively, journalists must be fully aware of the need to protect the people and to enhance their rights without, in any way, damaging freedom of expression or affecting the fabric of journalistic independence.

People are not terrorists simply because they happen to be killed by security forces. Not every incident attributed to Maoists can be taken as done or accomplished by Maoists unless there is a strong evidence in support of it. Security forces might also have their own justifications. But these justifications cannot overtake the dictates of the rights of the people. It is the civilian government which is primarily responsible to maintain the rule of law. The oath of accountability was not served on the rebels. Rebels defying the law and order must be captured, detained and prosecuted. Any type of the use of force that is not justified in law must be condemned. Cases of killing of captured soldiers or rebels must be denounced. Similarly, shooting of unarmed people on the assumption of being invaders must be questioned. It hardly matters whether the illegitimate use of force is done by the state or the Maoists.

In most of the cases, the press notes fail to give due regards to Article 14 of the Constitution which guarantees the rights of criminal defendants or suspects of any crime under the law of the land. There are many safeguards which even such strong security-related laws like Terrorists and Destructive Activities Act have contemplated for the Maoists as they express the cause of humanity. The Common Article 3 of the Geneva Convention, which applies to all wars also bars killing of the unarmed people. The press should call for their observance. Similarly, special courts are instituted to prosecute those who are arrested, but they are devoid of cases, because the ëguní is ruling. The entire press of Nepal seems to be reluctant to call the state to account.

What is expected of the press is critical human rights consciousness. The pressmen have to recognize the human rights dimensions of, and their relationship to, a given conflict — or problem-oriented exercise. It is not only an expression of awareness about the values at stake, but also a critical evaluation of the practical responses that may be offered. It is an attempt to identify or create new responses — a judgment or decision about which choice is most appropriate. It is an expression of confidence and recognition of responsibility and influence in both the decision and its import. In the same vain, all reports on the war forwarded by one of the warring sides must be disseminated as unconfirmed reports, or reports yet to be verified by independent sources. It is wise to keep silence than endorse news uncorroborated by facts.

Following guidelines may be suggested in the context of ongoing Maoist movement and the response of the state:

All journalists and media professionals have a duty to maintain the highest ethical and professional standards and should promote within the industry the widest possible dissemination of information about the human rights of the people in conflict;

Media organizations should regard violation of the rights of those people who are in conflict and call for compliance with international humanitarian laws including the famous Geneva Conventions;

Violations of social, economic and cultural rights of the ordinary people, and the issues related to their safety, security, education, health and social welfare must be denounced and all forms of exploitation should be reported as important questions for further investigations and public debate;

Journalists activity which touches on the lives of people in the conflict affected areas should always be carried out with appreciation of vulnerable situation of women, children and the aged;

Journalists and media organizations shall strive to maintain the highest standards of ethical conduct in reporting the ongoing civil strife, and in particular they should strive for the highest standards of accuracy and sensitivity, and avoid the use of stereotypes and shall not use sensational presentation to promote journalistic material involving the victims;

They should assess carefully the consequences of publication of any material concerning warring factions, and shall minimize harm to local people, when they decide to go; and

They should obtain independent verification of information provided by locals and shall take special care to ensure that verification takes place without putting the informants at risk.

Like many other important professional groups, our press and electronic media have to go a long way in understanding human rights law, mechanisms of protection, and lobbying and advocacy skills. But unlike others, press notes and electronic broadcasts have a strong potential for sensitizing potential readers about the nature of human rights violations and what they can do within their professional role, not only to prevent abuses but to promote respect for human dignity. They also need to be more assertive in sensitizing human rights and community activities on techniques for monitoring and documenting human rights abuses and procedures for registering grievances with the National Human Rights Commission, other appropriate national and international bodies. The Human Rights Commission alone cannot respond to the crisis given the magnitude of these problems.

(The authors are lawyers)