Nepalese editor-in-chief explains state of the country's press
http://www.editorsweblog.org/2005/03/nepalese_editor.html
The Editors Weblog would like to thank Narayan Wagle, editor of Nepal's largest newspaper, the Kantipur National Daily, for writing to us with a detailed explanation of the state of his country's media and current situation. Mr. Wagle will be joining the World Editors Forum as a keynote speaker at WEF's 12th annual conference in Seoul, South Korea. Please see our former posting on Nepal's bloggers, of which Mr. Wagle is one, and read his letter below:
The media practitioners and media houses have been terrorized and those who
responded to the call of their profession have been victimized and continue
to be intimidated by various means, including detentions, takeover of news
houses, closer of news and current affairs programs, imposition of
censorship, withdrawal of advertisements and subsidies, unprecedented
retrenchment of journalists, and distortion of information, denial of
professional responsibilities, forced migration or circumvention of movement
and imposition of communication quarantine. Although there seems to be some
'relaxation', as the time passes, but this is not due to some retraction or
review, but because of the incapacity of the coercive institutions and
resistance of the media community that continues to resist the draconian
measures. What is even worse is that media are being coerced into coalescing
in self-censorship we really don't understand what to and not publish or
broadcast. The irony of the situation is that all doors to seek remedy and
justice have been closed.
When I was summoned in the Distict Police Office, Kathmandu some days back
the police officers seemed totally ignorant of the existing laws.
The State of Emergency proclaimed on February 1, 2005, is not the first
suppression of the fundamental rights and the freedom of the Press ever
since the introduction of 1990 Constitution. It is, however, worse than the
previous emergency in both scope and intensity. This is symptomatic of the
failure of state, crisis of representative institutions and breakdown of
constitutional structures and rule of law. The three way conflict between
the Palace and democratic forces and the Maoists has become so complicated
that it cannot be resolved with the barrel of gun which may further
exacerbate the crisis beyond the capacity of the parties to the conflict.
The Declaration of the State of Emergency has suspended sub-clauses (a), (b)
and (c) of clause 2 of article 12, clause 1 of article 13, and articles 15,
16, 17, 22 and 23 (except the sub-clause on habeas corpus). This has led to
blanket suspension of fundamental rights of the people and most coercively
of the media practitioners resulting in the enforcement of a brutal
censorship on information, the media in particular. With the denial of right
to know and right to express, a young and free media has been chained to
infinite, yet undefined, censorship. The Royal Proclamation of February 1
has alienated most sections of civil society, especially the media that have
been subjected to worse intimidation and harassment.
The crisis may prolong, and even become irresolvable, and a negotiated
settlement of conflict, restoration of peace and multiparty democracy may
become impossible in a sharply divided polity. Between the two extremes and
amid crossfire, the people at large, including the journalists, may suffer
greater agonies they don't deserve. Role of the international community may
slightly mitigate the sufferings of the people, but it cannot substitute the
role of the Nepalese people to decide their own destiny.
1. The suspension of most of the fundamental rights that adversely affect
the life of the people, media practitioners in particular. Most notable are
the suspension of sub-clauses (a), (b) and (c) of clause 2 of article 12,
clause 1 of article 13, and articles 15, 16, 17, 22 and 23.
2. The citizens' right to appeal and seek justice through legal means is in
jeopardy and the authority of the superior judiciary to provide justice and
interpret law compromised. Unfortunately, the superior courts have declined
to admit the petitions challenging the ultra vires of the proclamation of
emergency and suspension of fundamental rights.
3. Since February 1, the media have been placed under constant harassment
and are being forced to coalesce in to official "truth" and become an
instrument in the hands of officialdom denying the people their right to
information.
4. Dozens of journalists were arrested, many dailies and weeklies were
forced to shut down, FM Radio sector stopped from relaying any news and
current affairs programmes, private television networks barred from
telecasting the dissent, hundreds of journalists from outside Kathmandu
Valley forced to either stop their work or take asylum outside their place
of work or home towns, freedom of movement partially curtailed, economic
sustainability of the private sector media has become doubtful due to the
withdrawal of official advertisements and subsides, especially the weeklies,
hundreds of journalists rendered jobless and the future of media industry
and professionals has become bleak.
5. The sword of uncertainty is hanging on the media community and media
houses. Safety of journalists has become more critical, especially those
living and working outside the Kathmandu valley and zones of conflict.
6. The owners of private media organizations are being pressurized to
curtail the editorial freedom of the Editors who, in turn, are being forced
to circumscribe the professional freedom of the working journalists who are
bring threatened to loose their jobs or compromise their professional
independence.
7. The state-controlled media, on the other hand, is being patronized to
monopolise the market and sway the information sector with the
"officially-sanctioned truth".
8. Contrary to His Majesty King Gyanendra Bir Bikram Shah's contention that
"an independent Press serves as a medium for raising the level of democratic
consciousness; it plays a crucial role in the promotion of national
interest", a blanket censorship has been imposed by invoking sub-clause 1
of Clause 15 of Print and Publication Act and Broadcasting Act. As if not
enough, the conditions being imposed by the military authorities, District
Administration Offices and ministries of information, communication and home
are so much prohibitive that media industry can in no way function as a
vehicle of communication and information. The Print and Publication Act and
National Broadcasting Act are being misused to stifle those publications and
broadcasting houses that refuse to compromise their editorial independence.
The leverage of draconian laws, such as Terrorism and Disruptive Activities
Ordinance (TADO), is being used at random against journalists who, in most
cases, are being kept under detention at military barracks, police stations
or unknown places with no access to family or attorney. Whereabouts of
certain missing journalists are still not known to their families. Eight
journalists are still under detention.
9. The censorship committees, consisting of Chief District Officer and
representatives from Police and Army have further expanded the scope of
censorship. The authorities, not legally competent to regulate the media,
are interfering with the daily working of media without being accountable to
a legally competent authority. Given the ambiguity of the scope of
censorship, the officials at various tiers of civil and military
administration are making the life of working journalists miserable. The
orders are often verbal and, in most cases, violate all tenets of law.
Editors and journalists are summoned to the police stations or military
barracks where they are humiliated, pressurized and, in some cases,
tortured.
Thanks.
Narayan Wagle
Editor
Kantipur National Daily Newspaper
Kathmandu