The Situation of Journalists in Nepal

Binod Dhungel

Interference: Many far-flung districts in the country have become virtually out-of-reach for journalists. Presence of independent journalist is nil in Kalikot and Jajarkot, whereas journalists in the district headquarters of Karnali Zone are totally restricted to collect and file news. They sometimes file news only with the permission of security forces or insurgents, depending on who is domineering in the place. Failure to seek permission from them risks threats, torture or scolding from either side. Clearly, such restrictions to the press appear to be deliberately designed against the democratic norms and culture.

Misuse of Press ID: The Maoists and the government both are found prone to misuse the press identity card. In the west regional district of Rupandehi, members of security forces were found carrying press ID cards as a convenient way to gather the "enemy's" information. Similar tendencies are reported even in the Maoist camp. FNJ has strongly criticized such tendencies, which can defame the sanctity of the journalism profession

Major trends: The major trends in violation of the press freedom can be enumerated as follows.

Killings

Arrests and Disappearances

Arbitrary Detention • Abductions

Threats & Displacements

Threats of other Nature

Denial of Access to News

Assault/ Misbehaving • Drill/Questions

Undue Pressure/ Harassment

TADO and its negative role: The much-criticized anti-terrorism ordinance (TADO) has been badly abused. The press has been victimized by using the authority to arrest people and detain them for 90 days for investigation, merely upon doubts. In this regard, the State has mostly behaved in a 'savage' way. Journalists have not been arrested with due legal procedures such as issuing warrants against them, specifying the charges, and/or taking statements. Nor is any case filed against them in the court. In Lamjung, the same anti-terrorism act was (mis)used to arrest journalists. In other parts, they were arrested even without referring to this Act.

Denial of access to news: Even Maoists have blocked reporters from going to places to collect news (e.g. in Gorkha, Dailekh, Taplejung, Sankuwasabha, Terhathum districts etc). They have charged independent journalists as the intelligence agents of the government. They don't allow the press to report about their excesses. Eventually, Maoist cadres ask the permission letter from their upper leader. If journalists can not get such letter, they use force not to go ahead. Some time they have seized the equipments of the journalists.

Journalists in far-flung districts also suffer psychological torture at the hands of security officials. Sometimes they are called into the barracks and intimidated. In some parts, journalists have been held under the false charge of being a "terrorist." Incidences in Lamjung, Sindhupalchowk, Khotang, Dadeldhura, and even in Kathmandu testify these facts.

Alternative roles: Many journalists are also engaged in other areas of professional life, such as working as teachers, human rights activists and political activist. Sometimes, they may also seek protection as a journalist. But we speak for them only after investigating whether they have suffered as a journalist. Those who have suffered following the breakout of the Ceasefire are journalists. They have been attacked for their roles as a journalist.

Missing law: A law regarding the right to information is missing. The Culture of giving information is missing. As a result, good governance is missing. How can the press inform the people in such a situation? How can it contribute to case the conflict? Only by strengthening the press could we strengthen Democracy and peace. Only by that can the voice of people be strong. Corrupt practices are widespread. Press is not strong enough to unearth corruption. Investigative and in-depth reporting face challenge.

Investors' worries: Newspaper managements are mostly opposed to aggressive stances at the moment, be it the issue of violations of democracy and human rights or the excesses committed by the State as well as the Maoists. Investors are worried about their investment. This has taken its toll on the editorial freedom. This is why the press has failed to be as bold as it ought to have been in the present situation of the country.

Economic crisis: Advertising market has been affected. Income has gone down. Studies suggest that the economic slump caused by the prevailing conflict has resulted in a fall in advertising business by about 25 percent. Media outlets have increased, competition has grown tougher but the financial resources are limited. Economic crisis, too, has its own role in weakening the independent press.

Impact of Circulation: Circulation is down. In some places, sales of newspapers has been affected simply because even the materials printed in newspapers are considered documents of terrorists. Newspapers face barrier for a professional growth.

Move against FM radios: The number of FM stations have increased, but even they are not free from self censorship. Government has adopted a restrictive policy while renewing licenses to FM stations. Several FM stations duly registered by the government were denied permission to launch their operations. After wide protests from entrepreneurs and the elite public, they were permitted to start operations. Government has formed yet another committee to formulate new policies on the registration procedures for new FM stations. But the report of the committee is yet to come.

FM radios are gaining more popularity among the audience. But the government is increasingly getting apathetic to them. In Nepal there are some 57 FM stations having license from the government and 36 of them are in operation at the moment.

Pressure on FM stations: On January 22, local Security officials made telephone calls at two FM stations in Chitwan, warning them not to give any coverage on the ongoing anti-government protest campaign of the students. According to reports, Kalika FM and Synergy FM were warned, "not to air any massage relating to those Students". This, according to them, "was the order from the higher level". And in case the warnings was ignored, "we cannot say what may happen," the security staff were quoted as saying over telephone.

The next day, the Federation of Nepalese Journalists issued a statement strongly objecting to such a repressive warning. It also criticized the government's latest policy to regulate the FM radio stations in the name of "Frequency Management". This is a blatant attempt to interfere with the freedom of press, the F NJ said.

(The author is central committee member of the FNJ)

Poverty not only an economic problem

Moksh

"Progressively Realizing the Rights of Children and Women through community action processes, responsive service delivery and good governance."

With population of 24.3m and per capita income of $230 per year, Nepal remains one of the poorest countries in the world. However, it is important to understand that poverty is not solely an economic problem. In order to fight the poverty it is important to implement policies which are pro-poor and targeted towards marginalized groups. The alarming statistics which comes as warning bell provides a clear picture of gender disparities and violation of women and children rights in the country.

The statistics provided by Family Health Division’s safe motherhood programme stated, one Nepali mother dies every two hours due to unsafe maternity services. Furthermore, it has been reported that 4,420 pregnant women lose their lives in the country every year. In addition to other contributing factors, insufficient health workers and delivery facilities is the major cause. Women also have been deprived from rights to education due to social dogma, women literacy is 24% in comparison to 60% of men. In many instances women have been disfavored by the law. Only 5.5 % of women population own houses and 11% have land registered in their names. At least 150,000 women and children are trafficked every year. Nepal has ratified 4/7 ILO convention .Nevertheless, outrageous figure of 5.3 m children aged 5-14 are economically active. Furthermore there are 30,000 bonded child labor. The children act has provision that government should make arrangement of living and education facilities for children of convicted parents. However, 111 children are living in jail with their convicted parents. There have been evidence and reports, where minor are forced to serve in CPN (M) and the RNA use them as informers.

In order to alleviate poverty, a problem at large .It is prudent to address failure in social and economic justice to the women and children. A Legal environment that does not limit option and addresses for women and children in difficulty should also be introduced. A pragmatic approach, we should develop a systematic linkage between policy support at the macro level, capacity building at the district level and direct intervention at micro level. However, centrally led strategy that combines reforms with capacity building will be insufficient unless complemented by community led initiative that builds on process for improved performance. Emphasis should be exerted to accelerate human development through effective delivery of social service and economic infrastructure. Hitherto, good governance should be pursued vigorously both as means of delivering better services and achieving development results. Only by combining all these policies of good governance, responsive service delivery and participation of community and addressing all the critical issues individually it would be possible to achieve the end goal.

Gender disparity can be reflected in uncountable aspects of the society. Among the reasons stated behind the untimely death of pregnant women are shyness to disclose problems during pregnancy .penury, insufficient health workers and delivery facilities.

-The issues related to rights of women and children.

-Why the problems prevail.

-How can it be solved.

Concerns over third party mediation

Bishnu Raj Upreti, PhD, Conflict Management

Neutrality and impartiality always raise the question of external involvement, as often-external actors want to engage in mediation with hidden vested interests. This is truer if and when powerful or strong neighbouring countries want to involve in mediation. Similarly, if external mediation fails, it is even more counterproductive. Often that happens when military interventions are package of mediation. External intervention could be effective mainly when diplomatic interventions are linked with political process

During the cold war period, NATO and Warsaw Pact counties competed to mediate conflicts around the world through military interventions or threat of use of force. Threat of use of force or actual use (e.g., in Afghanistan, Iraq, etc.) is still a major strategy of international community in settling domestic conflict of poor or developing nations. However, both the examples of Iraq and Afghanistan proved that use of force or threat to use force alone are not successful approach in resolving conflict and maintaining peace. Some critiques like Robin Crew, Executive Director of Peace Study Association and American citizen severely questioned the effectiveness of even UN in settling conflict and the role of US within the UN. He says, "If membership criteria require that member states not conduct warfare on one another, then no body is living up to their membership obligation to the UN, and they should be kicked out. The US should be the first to be kicked out, and we should go from there. The UN can be recreated to function as it was supposed to do. …The UN has to be changed fundamentally and we have to play a role on that".

External mediation faces hard choice between 'some degree of settlement' (could be unjust settlement) or no settlement when stake of internal power is high in the conflict. Some people argue that some settlement is better than no settlement and others argue that unjust settlement undermines principle of justice and therefore if full settlement is unlikely then better to wait for the ripeness of the conflict to achieve full settlement.

Parties in conflict always consider EATNA (estimated alternative to a negotiated settlement) before deciding to negotiate. If warring parties estimate other alternatives (though not necessarily BATNA-best alternative to the negotiated settlement), they will not negotiate, even if it is based on misjudgement, as the present situation in Nepal. Only when parties in conflict see likely outcome from negotiation as an incentive they will negotiate. They will identify their minimum acceptable negotiated outcomes before reaching to negotiation. For example, the formation of constitution through a constituent assembly and the guarantee of constitutional monarchy could be the minimum acceptable outcome to the Maoists and the king for a negotiated settlement of the conflict.

So far, there is a tendency of international mediation or intervention when conflict has erupted and need to be contained or when it was time for post-conflict peace building or peacekeeping. The Statement of Kofi Anan immediately after the Beni attack by the Maoists is a clear reflection of his commitment for peace in the member nations in accordance with the Article 33 of the UN Charter on Peaceful Settlement of Conflict.

Assumptions

Without creating supportive attitude from India, it is extremely difficult to make the negotiation successful even by involving international mediators. The assumption is that Nepalese politicians, civil society and the government will be able to convince Indian politicians to help Nepal and international community to put positive pressure to India in supporting to resolve the Nepalese crisis. One of the best ways to create positive pressure is to request international community by the Maoists, the government and political parties to form a Nepal Peace Support Group, which could exert pressure more effectively.

Risks

Vested interest of the external actors, particularly if they are bilateral powerful countries. The neutral small countries may not have any vested interests and other powerful nations may attempt to influence their actions during the course of mediation,

If they fail to negotiate once, it is difficult for them to accomplish future negotiations,

It is a lengthy process and requires long-term engagement and commitment. If they drop their engagement before accomplishment of the negotiated settlement due to their domestic reasons (e.g., policy change, change in government, etc.), the whole negotiation efforts could be jeopardised and it will be very hard and costly to rebuild.

The UN involvement is complicated. When Security Council needs to be involved in the decision making process, there is always fairly large chance of exerting influence by powerful nations to get decisions of their desire (e.g., India could influence Security Council according to its interest if Security Council decides UN mediation in Nepal).

Important internal security related issues may be exposed and could be risky for future.

(References; Crocker; Crews; Burgess and Burgess;)Courtesy: FES

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