Concept Note

International Press Freedom and
Freedom of Expression Mission to Nepal

1. Background

1.1. Recent Developments
After King Gyanendra sacked the government in February 2005, assumed absolute power and appointed a mainly pro-monarchist cabinet, restrictions on press freedom and freedom of information significantly increased. The government sought to formalise many of these de-facto restrictions through the promulgation of a media ordinance in October 2005, as well as other measures aimed at indirectly censoring and financially crippling the independent media, such as the ‘one-door’ advertisement policy.

The independent media community nevertheless fought against these direct and indirect restrictions. Such efforts allowed the independent media to maintain a critical freedom of expression ‘space’, as well as seemingly played a significant role in maintaining and expanding popular support for the pro-democracy movement, which culminated in the creation of the seven party alliance and the instigation of a series of strikes and protests during April 2006 against the direct rule of the King.

As a result of these protest, which included sporadic violence between protesters and security forces resulting in the death of at least 16 persons, as well as the mounting domestic and international pressure, the King announced in a televised address on 24 April that Parliament would be reconvened with the aim of "protecting multi-party democracy and restoring peace".
Nepalese media sector, which has been fighting for its survival following the royal coup of February the first have received breathing space following the restoration of democracy. During the royal regime, government had been trying to curb press freedom through various measures. It was well understood that, by imposing various attacks and restrictions on media sector which is the foundation of democracy, government showed its autocratic character to the world community. During royal regime, constitutional values and norms, and integrity were severely violated. Government has attacked on the norms of democracy, human rights and press freedom.
Nepalese people's historic movement has finally restored democracy in Nepal and has shown new hopes to the Nepalese People. House Proclamation of 18th May, incorporating the spirit of the people's will that was expressed in the historic movement has given a historic dimension to Nepal and Nepalese People. 

Nepalese Media showed great resistance against the autocratic regime. Federation of Nepalese Journalists (FNJ) played a great role to restore democracy and complete press freedom. Although democracy and movement for press freedom has succeeded to large extent, the important responsibility and challenges to make Nepali Press independent, disciplined and organizational is still ahead. In this moment of victory, we still have various challenges ahead. To face these challenges, people's movement should not be relaxed until the achievement of the movement is not institutionalized.

After the restoration of democracy, there have been efforts to establish and institutionalize the Nepalese Media and few significant steps have been taken. However there are still various challenges ahead that have to be addressed. 

On 27 April, the candidate chosen by the seven party alliance, Girija Prasad Koirala (leader of the Nepal Congress Party), was appointed Prime Minister, ending more than a year of direct rule by the monarchy.

The reconvened Parliament has since adopted a resolution to hold elections for a constituent assembly to draft a new constitution. In addition, both the government and Maoist have declared a ceasefire. government and Maoist talks are expected to predominantly focus on the modalities of the election and disarming of the Maoists.

Furthermore, on 9 May the government cancelled all media related ordinances issued after February 2005, thereby automatically nullifying all orders issued under the previous government including the ban on news, whilst the Supreme Court also ruled that news broadcast by independent broadcasters cannot be stopped even during emergency periods.

Govt. formed a high level media commission to get the suggestions in order to change and improve different aspect of media sector in Nepal, and a task force to deal the issues of working journalists.

Govt. annulled TADO, one door advertisement policy and the media ordinance issued by royal regime. At the meantime, Supreme Court suppressed teh Article 8 of 1992 National Broadcasting Act and Article 15 (1) of 1991 Publication and Newspaper Act as incompatible with a constitutional provision guaranteeing press freedom.

A high level dialogue between Maoists and seven parties (including the Prime Minister and Maoist supremo Prachanda) was held on 16th June. On 16th June a meeting between topmost leaders of seven political parties and CPN (Maoist)  signed an 8-point peace agreement. Press freedom and democratic norms and values including the concept of rule of law, [the seven parties and the Maoists] will carry out their peaceful activities accordingly. Federation of Nepalese Journalists (FNJ) has been demanding with the government and Maoists to express their stand on press freedom and freedom of expression. Therefore the agreement is a positive step to ensure freedom of speech and expression.
  
Despite above mentioned positive steps there are still lots of challenges ahead that have to be addressed in the days to come. FNJ believes that the media should be restructured to address all the challenges of media. Reinstatement of the sacked journalists during royal regime is another challenging task. Enforcement of right to information act and working journalists act is a major issue to be addressed.  Issues that have been raised in 26 point concept paper prepared by the FNJ will be a remarkable step for the protection and promotion of Nepalese Media.

All the above instances makes clear that the country is witnessing various changes in media sector and in this situation it is essential to share and discuss international experiences to get their feedback to develop appropriate media policy for the future. Considering this, FNJ has decided to organize International Media Mini Mission to Nepal

1.2. International Press Freedom and Freedom of Expression Mission to Nepal

In response to the deteriorating press freedom and freedom of expression situation in Nepal, twelve international organisations, including UN agencies, global media associations, freedom of expression advocates and media development organisations, have undertaken two missions to Nepal during the past year, the first in July 2005 and second in March 2006.

These missions were the first time that such a large group of press freedom and freedom of expression organisations have come together in support of the national media community. According to a number of observers in Nepal, these missions had a positive impact on pressuring the national authorities and bolstering the morale of the media community, as well as providing direct support for their activities.

2. Justification

The political changes brought about by the April protests, often referred to as the ‘rhododendron revolution’, introduced a sudden and significant shift in the media environment in Nepal. Whilst it is important to recall that the introduction of restrictions on the media was not unique to the post-February 2005 period, there are indications that the new seven party alliance government is willing to allow for the creation of a stronger and more transparent press freedom environment.

In this regard, the cancellation on 9 May of all media related ordinances issued after 1 February has reinstated the media policy environment as per the previous status quo. However, attitudes and expectations are now different from the pre-February 2005 period, now featuring considerably more demand for reforms and progress in favour of independent media.

The International Mission was originally formed as a direct consequence of the deteriorating press freedom and freedom of expression situation in Nepal after 1 February. With the removal of many of the restrictions on the media, the orientation and goal of the International Mission must also be accordingly adjusted.

In this light, the previously short-term reactive strategy of the Mission in defending press freedoms and denouncing violations and attacks could now be transformed into a longer-term proactive approach. Such an approach could be aimed at pursuing further reforms towards a more transparent and liberal media environment, as well as targeted support for strengthening the independent media community, coupled with continued monitoring of press freedoms and the security situation, particularly for the media outside the capital.

In order to reassess the priorities of the International Mission in support of the media community following the ‘rhododendron revolution’, a return mission should be undertaken in the near future to capitalise on the current fluidity and dynamism within the political environment and ensure that freedom of expression and press freedom are widely regarded as priority areas for action.

3. Objectives of Media Mini Mission

FNJ decided to organize International Media Mini Mission:

• to share international experience to inhance the professionalism, in order to develop more appropriate media situation in the future and to influnce the government, political parties, maoists and other stakehoder for more democratic and appropriate media policy and environment in Nepal in the future.

4. Goals

• Major media stakeholders should get the feedback on:
• to gain political commitment
• role of media in constitution making process
• role of media in transitional phase
• role in peace building process

5. Methodology and activities
Following methodologies and activities will be adopted/conducted to achieve above objectives:

• International delegates from different organizations related to media rights will visit Nepal and share their experiences and feedback
• A coordination committee led by FNJ will coordinate the mission and its activities and to get feedback from national actors

• Following activities (tentative) will be conducted at the time of mission:

- Meeting with FNJ Executive committee and some of the senior journalists
- Meeting with civil society, PAPAD and human rights organizations
- Meeting with government officials including Prime Minister (if possible),  Deputy Prime Mnisters, Communication Minister, Home Minister and Speaker of Parliament
- Meeting with security officers
- Meeting with political leaders
- Meeting with Maoist leaders
- Meeting with donor community
- National conference