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Mission Statement by International Organizations
International Press Freedom and Freedom of Expression Mission to Nepal

7th September, 2006, Kathmandu
This Statement contains the observations and recommendations of the International Press Freedom and Freedom of Expression Mission. The aims of the Mission included both advocacy to promote freedom of the media as well as the identification of concrete activities to achieve this. This is the third International Mission, the two previous visits having taken place in July 2005 and March 2006.

We wholeheartedly welcome the steps taken to restore democratic processes, peace and media freedom in Nepal since April 2006. At the same time, we note that much still needs to be done to ensure the institutionalisation of media freedom. We applaud the key role played by the Nepalese media community in bringing about these seminal changes and its proactive efforts since then to contribute to the democratisation process.

Full respect for media freedom is central to a functioning democracy. The media are a key means of ensuring that citizens can play an informed and active role in the peace processs, elections and other democratic processes. Their role as watchdog of government has been widely recognised, as has their role in controlling corruption, and in promoting human development and security. A free media is a central underpinning not only of democracy but also the protection of all human rights. These roles are reflected in the recognition of freedom of expression and media freedom as fundamental human rights in international law and the Nepalese Constitution.

The mission met with the Prime Minister, leaders from the Seven Party Alliance, the Maoist leadership, the Speaker of the House, parliamentarians, media practitioners, representatives of professional organizations, civil society members and representatives of the international community. Those met, including all political leaders, unanimously stated their commitment to press freedom and freedom of information, and recognized the pivotal role of the media in upholding and promoting democracy. The political will to respect media freedom which was communicated to us during the Mission needs to be translated into concrete actions.

The Mission welcomes the steps that have been taken to secure media freedom, including the establishment of a High Level Media Commission. Nepal now has an important window of opportunity to achieve these goals. Quick action needs to be taken if this window is to be utilized to maximum advantage.

Observations and recommendations

The Nepalese media community has identified a comprehensive list of issues which need to be addressed to facilitate the development of an independent and pluralistic media in Nepal. In consultation with this community, the Mission has identified the following five key priorities for change. The observations and recommendations articulated below are not comprehensive but are, rather, the most immediate needs.

  • The Interim Constitution

According to the information we have received, the draft Interim Constitution differs little from the 1990 Constitution in its provisions relating to freedom of expression and of the media. While it represented an important development at the time, the 1990 Constitution does not reflect fully international standards and the demands of Nepalese civil society in this area.

We recommend that the provisions in the draft Interim Constitution relating to freedom of expression and of the media be comprehensively reviewed and amended to ensure that they provide strong protection for these fundamental rights.

  • Comprehensive Reform of Media Law

Provisions in Nepalese law are unduly restrictive of freedom of the media. For example, the Broadcasting Act was used during the royal regime to ban the broadcasting of news and it fails to provide for a three-tier system of broadcasting involving public, community and commercial broadcasters. Defamation is still a criminal offence and security legislation places undue restrictions on the right to publish.

We recommend a comprehensive review of legislation which affects the media, to be conducted in a manner which is broadly consultative in nature, and with a view to bringing those provisions into line with international standards.

  • Reform of the State Media

A number of media outlets – Radio Nepal, TV Nepal, Gorkhapatra Sansthan and RSS – remain subject to government control. Although these media have undergone significant changes since April 2006, their structural independence is not guaranteed. All political leaders met expressed to the Mission their support for measures to address this problem.

We recommend that measures be taken to protect these outlets from potential interference, whether this be through privatisation, transformation into public service media or some other means.

  • The Right to Know

The 1990 Constitution guarantees the right to access information held by government and other public bodies but legislation giving effect to this right has never been adopted and it remains elusive in practice.

We recommend that comprehensive legislation giving full effect to the right to know be adopted as a matter of priority and that it be implemented in practice.

  • Conditions of working journalists

The Working Journalists Act 2051 (1995) fails to provide adequate protection for journalists. A large majority of working journalists are not covered by its provisions, it denies journalists their right to strike and provisions aiming to enhance the working conditions of journalists have not been implemented. Attacks on journalists and media houses, although significantly reduced since April 2006, are still occurring. Women and marginalized groups are significantly underrepresented in the media sector.

We recommend that the Act be comprehensively reviewed and amended to ensure that it can effectively achieve its objective of improving the working conditions for journalists. Once amended, the Act should be implemented in accordance with its intentions. Urgent attention should also be given to addressing the climate of impunity for attacks on journalists. Measures should be taken to address the issue of under-representation in the media.

We also call on the international community to extend full support for the consolidation of democracy in Nepal and for the achievement of respect for freedom of expression and of the media. We specifically call on the international community to do their utmost to promote the implementation of the recommendations outlined above.

The Mission members are committed to active engagement in a programme of action contributing towards local efforts to bring about democratic change. As a first step, we will make a submission to the High Level Media Commission setting out our recommendations.

This statement is endorsed by the following international organisations:

  • ARTICLE 19
  • Free Voice
  • International Federation of Journalists
  • International Media Support
  • International News Safety Institute
  • Reporters sans Frontières
  • Open Society Institute
  • United Nations Educational, Scientific and Cultural Organisation - UNESCO
  • World Association of Community Radio Broadcasters - AMARC

 

For more information contact:

Jesper Hojberg, Executive Director, International Media Support, jh@i-m-s.dk
Faruq Faisel, International Coordinator: ffaisel@web.net

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September 6, 2006
The International Advocacy Mission for Press Freedom in Nepal met with leaders of different political parties and discussed various issues related to freedom of expression and the future of Nepalese media on 5 September in Kathmandu.

During the meeting mission sought political parties' stand on constitutional guarantee of press freedom, reformation of media related laws and policies, reformation and implementation of working journalists act, ownership of government owned media, promulgation and implementation of right to information act.

Expressing his party's commitment Nepali Congress leader Arjun Narshingh KC lauded the role of press and international media community for the restoration of democracy and press freedom. He ensured the mission that his party will take all necessary initiatives for the protection and promotion of press freedom. "Journalists has significant role for the sustainable peace and institutionalization of democratic system" he added.

People's Front leader Lila Mani Pokhrel said his party is in favor of absolute press freedom. He also emphasized on the need to implementation of Right to Information Act terming it a basic human rights of every individual. "We are in a transitional phase and in this stage media should not be provocative. It should be responsible", he further added.

Nepali Congress (Democratic) Leader Hom Nath Dahal emphasized the need to further strengthen and expansion of press freedom and freedom of expression and expressed his party's commitment for the same.

FNJ president Bishnu Nisthuri stated that it is a matter of satisfaction that all the political parties are fully committed towards press freedom and freedom of expression however past experiences shows there is always a difference between their commitment and the action.

Jesper Hojberg from International Media Support (IMS), Ashish Sen from AMARC, Laxmi Murthi from IFJ Asia Pacific, Andrea Cairola from UNESCO, Toby Mendel from Article 19, Biljana Tatomir from Open Society Institute (OSI), Faruq Faisel from IMS, Mahendra Bista, secretary general of FNJ were also present in the meeting.

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September 5, 2006
The international Advocacy Mission for press freedom in Nepal had a meeting with High Level Media Commission today at Media Village, Kathmandu.

The meeting discussed on the policy reformation of Nepalese media. The Commission asked for the suggestions regarding various topics related to media policies with the international delegates.

The meeting discussed about the issues like privatization of government media, code of conduct for broadcast media, foreign investment in Nepali media and cross media ownership among others.

The international delegates shared and suggested their international experiences and standards to the commission.

Among others, Jesper Hosberg from International Media Support (IMS), Radhe Shyam Adhikary, Chairperson of the commission, Bishnu Nisthuri, President of FNJ and member of the commission, Mahendra Bista, Secretary General of FNJ were present in the meeting.

The mission is scheduled to have a high tea meeting with political party spokespersons and media-related leaders in the late evening today.

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September 5, 2006
The international Advocacy Mission for press freedom in Nepal separately met with general secretary of Communist Party of Nepal (UML) Madhav Kumar Nepal, President of Nepali Congress (Democratic) Sher Bahadur Deuba and Maoist supreme leaders Prachanda and Babu Ram Bhattarai at Kathmandu today.
During their one hour meeting, mission delegates discussed on the issues of constitutional guarantee of freedom of press and expression, legal and policy measures relating to media, ownership of government media, promulgation and implementation of Right to Information act and reformation of Working Journalists' Act.

General Secretary Nepal, expressing his full commitment towards press freedom and freedom of expression stated, the issues raised by mission will be resolved through constitutional and legal measures. He also stated that all media related laws will be reformed to make it media friendly. He also promised that FNJ will be consulted while adopting any laws and policies related to media. 
Answering the question about the privatization of government media, General Secretary said "Media should not be manipulated to serve one particular sector; government media should be democratized and should be made free from state interferences."
Nepal praised the role of journalists and international community for the restoration of democracy and press freedom. He said, the nation is heading towards the conflict transformation by addressing major political agenda that is through constituent assembly and in the process issues related to civil liberties and freedom of press and expression are also addressed and ensured.

During the meeting with President Deuba, he expressed his gratitude for the role of Federation of Nepalese Journalists (FNJ) and international media community during the movement against autocratic regime for the restoration of democracy. "Vibrant democracy with absolute press freedom is essential" he said

Deuba said that the assistance and cooperation of the international community should be continued in future for the institutionalization of democracy and press freedom. He also ensured the mission that press freedom and freedom of expression will be guaranteed in interim constitution.

Deuba added, with the demise of autocratic royal regime the suppression and interference to media has ended and the democratic government will ensure absolute press freedom and freedom of expression.

Meanwhile, during the meeting with Prachanda, he praised the role of FNJ during the democratic movement. He said his party is committed to true press freedom and boundary of press freedom should be further expanded. He explained that the eight point agreement between Maoists and the seven party alliance has included the issue of press freedom in it and press freedom will be guaranteed through constitutional and legal measures.

He further said his party has already declared its commitment to "competitive, multiparty and democratic exercise" and assured that all the norms and standards of press freedom that are guaranteed in democratic system will be ensured.

On the issue of Maoists on media, Maoist Supremo said, the issue will be resolved once they enter into the government. He also expressed his regret to the attacks and ill-treatments to the journalists during the conflict and assured that the incidents of media rights violation by Maoists cadres in local level will not be repeated in the future.

Among others, Christopher Warren, President of International Federation of Journalists (IFJ), Jesper Hojberg from International Media Support (IMS), Bishnu Nisthuri, President of FNJ and Mahendra Bista, Secretary General of FNJ were present in the meeting.

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September 4, 2006
The International Media Mission during its visit to Nepal met with Prime Minister Girija Prasad Koirala today (Monday) morning and had a discussion on situation of Nepali Press, freedom of press and expression.

The meeting took place at the Prime Minister's residence at Baluwatar. Praising the role of the press during the democratic movement, the mission said that they now hope the state will not impose any restriction in the days to come. They also discussed on the restructuring of the Nepali press to create more professional media environment. The mission inquired and suggested the Prime Minister on the ownership of government owned media, promulgation of right to information act, professional security of working journalists, efficiency of press council, and protection of community radio along with small scale media and creation of environment for utilizing absolute press freedom.

Addressing the inquiries and suggestions of the mission, Prime Minister Koirala assured since the democratic government is the government of the people, it doesn't need it won media and so the government media can be privatized, the bill for right to information will be presented in the parliament as soon as possible, necessary changes will be implemented in the Working Journalist Act after the consultation with Federation of Nepalese Journalists(FNJ), Press Council will be made more effective and other problems of the press will be addressed as per the suggestions from FNJ and High Level Media Commission.

Christopher Warren, President of IFJ, Jesper Hojberg, Director of IMS, Koto Kanno, Resident Director of UNESCO, Toby Mendel of Article 19, Ashish Sen from AMARC, Biljana Tatomir from OSI, Andrea Cairola from UNESCO, Laxmi Murthy from IFJ, Bishnu Nisthuri, President of FNJ and Mahendra Bista, Secretary General of FNJ participated in the meeting.

The mission will discuss about the restructuring of Nepali media with the Nepali Media community today afternoon and will have a meeting with Deputy Prime Minister and Foreign Affairs Minister K.P Sharma Oli at 4 pm.

Surya Thapa
Media Coordinator

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September 4, 2006
The International Advocacy Mission for Press Freedom in Nepal 2006 was inaugurated with the welcome speech from President of Federation of Nepalese Journalists (FNJ), Bishnu Nisthuri.

President Nisthuri, in his welcome speech, expressed his gratitude for the solidarity and support that the international media community showed through press freedom advocacy and global campaigns during the movement against the royal regime. Highlighting on the objective of the mission, President Nisthuri said the mission visit is aimed at providing suggestions and recommendations for the reformation of Nepalese media policy.

Speaking at the program, Jesper Hojberg, Director of International Media Support (IMS) congratulated all for their victory in restoring the democracy. He said, "Though democratic process has been established there are still lot of things to be done for the protection and promotion of Nepalese media and there is no time for complacency."

At the program, Christopher Warren, President of International Federation of Journalists (IFJ) said "This is a historic moment in Nepal. The success of People's Movement II has opened the process of transformation of Nepalese society and the role of leaders of Nepal is critical in this process." He further commended the role that FNJ played during the movement.

Toby Mendel from Article 19 emphasized on the legal and policy reformation to ensure the press freedom and freedom of expression. Andrea Cairola from UNESCO expressed that press freedom is essential not only for democratic process but also for development and good governance.

At the program, Ashish Sen from AMARC expressed, "community radio has played significant role as a lifeline of the people in Nepal and now we have to work to strengthen it." Sunanda from International News Safety Institute (INSI) and Biljana Tatomir of Open Society Institute (OSI) also expressed their views.

At the end of the first session, Shiva Gaunle, Vice President of FNJ presented the background paper on "media situation of pre and post restoration of democracy."

The second session started with the paper presentation on various media related issues followed by comments and discussion from the participants. The papers were mainly focused on reformation of policy of government media and overall policy in relation to private, print and all types of electronic media.

The first paper was presented by Suresh Acharya, former FNJ President, on "Government media/institution" where he highlighted existing legal framework and practice of government media and suggested standards that has to be applied for the autonomy of government media.

Prateek Pradhan, Editor of The Kathmandu Post, presented paper on "Print media issues and recommendation." His paper explored the area of legal reforms for the professional development of Nepalese media.

Likewise, Ghama Raj Luitel, member of Federation of Independent Radio Broadcasters presented a paper titled "Challenges of independent radio in Nepal." His paper elaborated the current situation of independent radios in Nepal and the challenges the independent radio have been facing."

Taranath Dahal, former FNJ President presented a paper on "Television broadcasting in Nepal: status, problems and recommendations." Similarly, senior journalist Vinaya Kasaju presented his paper on "New media/ Online journalism potential and challenges."

Babita Basnet, President of Sancharika Samuha presented a paper on "Women in Nepalese media." Lastly, Binod Dhungel, News Chief of Nepal FM presented his paper titled "Rights and safety of working journalists."

The international participants shared their own experiences and provided suggestions on various issues that were raised in the paper.

The session was moderated by Jesper Hosberg, President of International Media Support (IMS) and Mahendra Bista, Sexcretary General of FNJ.

In the meantime, mission delegates had a meeting with Deputy Prime Minister and Foreign Affairs Minister K.P Oli at Ministry of Foreign Affairs. They discussed on the issues of press freedom and freedom of expression in the changing political situation of Nepal. The delegates were, Christopher Warren, President of IFJ, Andrea Cairola of UNESCO and Bishnu Nisthuri, President of FNJ.  

In the meeting, IFJ President Warren stated, this mission is aiming at helping the Nepali journalists to take the advantage in regard to freedom of press and expression during this democratic environment.

Expressing his full commitment Deputy Prime Minister Oli ensured the delegates that government will take all necessary initiatives as per the suggestions from High level media commission to guarantee press freedom and freedom of expression. He also said government is principally agreed that government should not run the media. He also commended the support and solidarity that the international community showed for the restoration of democracy and press freedom in Nepal.

Mission delegates are also scheduled to meet David Johnson, acting head of OHCHR in the late evening today.

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September 3, 2006

Delegates of International Advocacy Mission for Press Freedom in Nepal met with Subash Nembang, speaker, House of Representative at Parliament Secretariat, Singh Durbar, Kathmandu today.

During the meeting they discussed on the current Nepalese political and press freedom situation of the country following the restoration of the democracy.

International Federation of Journalists (IFJ) president Christopher Warren said that the parliament should play active role for the constitutional and legal guarantee of Press freedom. He expressed his satisfaction over the initiatives taken by Federation of Nepalese Journalists (FNJ) and high level media commission for the reformation of Nepalese media policy to create more liberal and media friendly environment in Nepal.

International Media Support (IMS) president Jesper Hojberj stated that press freedom is not only the concern of the journalists rather it is the basic civil liberty that has to be respected and guaranteed in democratic political system. He emphasized on need of legal reform of anti media measures for the protection and promotion of Nepalese Press.

Speaker Nembang ensured the mission that the parliament is fully committed towards press freedom and freedom of expression. He further said that parliament will take all necessarily steps to ensure press freedom and freedom of expression. He also praised the brave struggle of the Nepalese press for the restoration of democracy and press freedom in Nepal.

Federation of Nepalese Journalists(FNJ) president Bishnu Nisthuri, Toby Mendel of Article 19, Andrea Cairola of UNESCO, Jacqueline Park of IFJ, Biljana Tatomir of Open Society Institute(OSI), Sunanda of International News Safety Institute(INSI), Ashish Sen of AMARC , Faruq Faisal and Laxmi Murti of IFJ were also present in the meeting.

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September 3, 2006

After the success of the People's Movement 2006, International media mission 2006 which includes important personalities from world's renowned organizations related to media rights are scheduled to visit Nepal from today to study the situation of Nepali press in current transitory situation and to suggest on the restructuring of media in the future.

This mission is the continuation of the past mission which had played significant role to exert pressure through advocacy of press freedom and global support at the time when autocratic regime had been suppressing Nepalese Press.
Ten members mission team also includes Christopher Warran, president, International Federation of Journalists (IFJ), Jesper Hojberg, president, International Media Support President, Toby Mendal from Article 19 and Andrea Cairola of UNESCO.
During its stay in Nepal, Mission will meet and interact with Prime Minister Girija Prasad Koirala, CPN (UML general secretary Madhav Kumar Nepal, Nepali Congress (Democratic) president Sher Bahadur Deuba, Maoist leaders, other political leaders, parliamentarians, government officials, media related organizations and representatives of civil society .
Mission will also participate in separate discussion program related to restructure of Nepalese Media Sector that is going to be held tomorrow in Kathmandu. Federation of Nepalese Journalists (FNJ) is hosting the mission.

Mahendra Bista
Secretary General

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For further details, contact;
Media Monitors
Federation of Nepalese Journalists (FNJ)
Media Village, Kathmandu, Nepal
Phone : +977-1-4490063, 016204755
Hotline : +977-1-4475323
URL : www.fnjnepal.org

 
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