Background Paper

1. Background
Following the political changes brought about by the Jana Andolan–II (People’s Movement-II) the International Press Freedom and Freedom of Expression Mission to Nepal”1 last visited the country in September 2006. The purpose was to assess the situation of the Nepali media in a country that was headed towards establishing lasting peace and democracy after almost 14 months under direct rule by the king. The specific objective of the Mission was to facilitate the development of independent and pluralistic media in Nepal. Following consultations with the media, civil society groups and leaders of government and political parties the Mission had identified five key areas requiring immediate changes.
• The Interim Constitution: The Mission had recommended 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 to these fundamental rights.
• Comprehensive Reform of Media Law: The Mission recommended a review in the Broadcasting Act and suggested creating a three-tier system of broadcasting involving public, community and commercial broadcasters. It had also recommended a comprehensive review of legislation affecting the media, to be conducted in a manner that was broadly consultative, and with a view to bringing the provisions in line with international standards.
• Reform of the State Media: The Mission had recommended ending government interference in publicly funded media outlets -- Radio Nepal, Nepal Television, Gorkhapatra Sansthan and Rashtriya Samachar Samiti (news agency) either by privatizing them or transforming them into public service media or through other means.
• The Right to Know: The Mission had recommended adoption of comprehensive legislation ensuring a full effect to the Right to Know and its enforcement.
• Conditions of the working journalists: The Mission had recommended that the Working Journalists' Act 2051 (1995) be comprehensively reviewed and amended to ensure that it attained its objectives of improving the working conditions of journalists and its enforcement.

Besides, the Mission had also expressed grave concern over the attacks on journalists and media companies that had continued even after the restoration of the seven-party coalition government and the initiation of peace negotiations with the Communist Party of Nepal (Maoist). It had also called for urgent attention for addressing the climate of impunity for those attacking media and journalists. Another recommendation was the need for measures for addressing the issue of under-representation of women and excluded social groups (Dalits, Janajatis and religious minorities) in the media.

2. Recent developments
Last Friday Government has decided to hold Constituent Assembly election on 10th April 2008 for the third time. We should believe that the election will take place in the latest schedule. Due to delayed in CA election, many of the issues raised by the September 2006 Mission therefore remain critical because only continued advocacy can ensure their incorporation in new legislation to be prepared after the election – irrespective of the dates when it is likely to be held. Following is a situation update on the situation in Nepal vis-à-vis the recommendations of the Media Mission in September 2006:
• The preamble of the Interim Constitution 2006 guarantees complete press freedoms under a multiparty democratic system. The Article 15 articulates the rights for the media, both print and broadcasting. The interim constitution guarantees end of censorship of any form. It also bars the government from seizing, closing down or canceling the registration of media for material published or broadcast. The constitution also guarantees the Right to Information. Press freedom and the Right to Information have also been incorporated the fundamental principles of the policies of the state.
• The government formed a task force to recommend changes in the Broadcasting Regulation and drafting broad-based law for establishing a Broadcasting Authority. The task force has made its recommendations to the government but the bill remains to be taken to parliament. The commitment for transforming the publicly-funded media remains unmet. A committee formed to make recommendations on managing the publicly-funded media has finalized its recommendations, which remains to be submitted to government. The delay was caused by the absence of an Information and Communication minister who has not been appointed after the Maoists resigned from their positions in government on September 18.
• The Interim Parliament approved the Right to Information on 18 July 2007 and regulations for implementing the law have also been finalized. A committee comprising of the Speaker of the Interim Parliament, the Minister for Information and Communication and President of FNJ has recommended names for membership in the new Information Commission envisaged by the law. The government had not taken a decision to that effect when this background paper was prepared. The enforcement of the new law therefore remains pending for lack of an Information Commission. The law requires the adoption of the regulations only upon recommendation by the Information Commission.
• The Interim Parliament amended the Working Journalists' Act on 12 August 2007, following a series of consultations with media representatives and especially the FNJ. The government also formed a committee – as required by law – to recommend the basic salary of working journalists and other media workers on 14 September. The committee has yet to make a recommendation, largely for lack of funds to hold consultations.
• Threats and attacks against journalists and media companies have continued. Even though the legal and political situation are supportive of to press freedom and freedom of expression, the media faces new threats from a wide range of groups – both armed and unarmed. Birendra Shah, a reporter was abducted by CPN (M) workers on 16 October. Following national and international pressure on, the party admitted to the involvement of its workers in the abduction and murder of Shah on the same date. But the Maoist task force formed to investigate into the abduction confirmed his murder only after 31 days, on 5 November. The whereabouts of another journalist Prakash Thakuri who was abducted by Maoist party workers from Kanchanpur in Far-western Nepal on 5 July remains unknown to date. (The Maoists admitted their involvement in the abduction to a FNJ fact-finding mission but the local administration has made no attempts to follow up on the case.
Several groups demanding regional autonomy and identity-based federations have also threatened and attacked journalists in the country’s eastern districts, both in the Terai (plains) in the south and in the hills. The threats have come from armed and unarmed groups and many journalists have been forced to move from their work stations or self-censor content. Many of the new armed groups that have threatened journalists in the plains have records of criminal activities. The government has been largely unable to ensure public security, which has made it difficult for many journalists to practice their profession without fear. Major reasons for the attacks on journalists and the media have been:
o “Unfair portrayal of the different identity-based movements”
o “Inadequate coverage and allocation of space and visibility in the large papers”
o “Revenge by age old oppression of Madhesis (plains people) by Pahadis (migrants from Hills)”
o “Ineffective non-violent means of redresses for unfair coverage”
o “Actions against pro-royalists,” and
o “Settlement of personal differences.”
The FNJ monitoring unit has recorded over 250 cases of threats, harassment and attacks against journalists and the media in between 1 January to 30 November 2007.
• The High Level Media Commission formed by the government had made a number of recommendations on media rights and press freedom. Some of those recommendations that remain to be implemented are: (a) inclusion in media (b) fair distribution of public advertising through a one window policy (c) Policy to regularize foreign investment in media, and (d) classification of broadcasting media and forming an independent Audit Bureau of Circulation.
Other issues relating to media policy and legislation are revising undemocratic and restrictive clauses in existing media laws and assuring fair competition in the industry. The examples listed above show that Nepal’s media sector still faces many challenges and therefore the need for continuing the advocacy efforts of the International Media Mission alongside its Nepali partners. The other reason for the International Mission is to focus attention on the media development needs of a democratic Nepal, including g the capacity building needed to enable the media to function fairly to all groups and as real watchdogs in a democracy. The FNJ believes that the Media Missions in the past had a positive impact in influencing policy change and assuring safety of journalists and therefore believes in giving continuity to the effort until the press freedoms and freedom of expression are fully guaranteed and exercised in Nepal.

3. Media freedoms during the political transition
Following the political changes of April 2006 the government withdrew all restrictive directives the royal government had imposed on the media. But this has not translated into media freedoms and safety of journalists. Instead the prolongation of the transition by the delay in holding a Constituent Assembly election has resulted in a state of lawlessness where public security has suffered. Journalists and the media being the more visible by nature have faced the brunt of the collapse in public security.
At the other end of the spectrum are issues related to the well-being of journalists. Nepal’s media scene is dotted by a large number of small ventures still in the process of institution building and a few larger ventures. The working conditions of journalists at most media companies are not comparable to other industries and often issues related to benefits and welfare are overshadowed by the larger issues related to press freedoms. The government has formed a committee to recommend basic salary and benefits of working journalists but the committee has been unable to make a recommendation.
The International Mission was formed as a direct consequence and reaction to the deteriorating press freedom and freedom of expression situation in Nepal after February 1, 2005. Since the political environment has changed and Nepal is moving towards lasting peace and democracy, it is essential that the orientation and goals of the Mission also be adjusted for responding to the emerging challenges. The approach could be to change the “short-term reactive” approach of the past for one that has a longer term perspective and is aimed at media development in the broadest sense of the term, while continuing to be reactive as the situation demands.

4. Broadcasting in the transition
Nepal’s broadcasting sector has seen major changes after the change in regime in April 2006. The government has licensed over 200 new radio stations taking the total number to around 250. Many of the new licensees have already begun broadcasting while others are in the process of doing so. The number of television channels licensed has also reached 17. Alongside the growth, there are new issues related with the credibility and professionalism in broadcasting as well as the need for independent regulation. The government has asked the Press Council Nepal to regulate broadcasting. However, the Council is unable to take on this responsibility for lack of adequate legislation as well as capacity. The issue of sustainability of radio is equally relevant, especially for small real community run ventures. Still another issue in broadcasting is the licensing regime because existing law does not have a termination clause which excludes others wanting to enter broadcasting, especially in some regions where all available frequencies have almost been allocated.

5. Mission structure
The Media Mission is being started from 13 January, 2008 for five days. Participants have been arrived in Kathmandu and will depart on the 17th. The Mission would have in-depth briefings and consultation on issues raised in the background paper before breaking in groups for smaller meetings with Prime Minister, leaders of the political parties, different social groups, media organizations, journalists, civil society leaders and representatives of major international governments and donors in Kathmandu. FNJ is organizing a visit of a smaller team of mission members in Bara/Parsa and Kanchanpur districts. The mission will adopt the Kathmandu Declaration 2008 and will be a press conference on 17th January with the conclusion of the mission.