Concept Note
Assessment of the situation of press freedoms and Freedom of Expression in the Nepali transition
– January 2008
This Terms of Reference (TOR) has been prepared by the Federation of Nepali Journalists and the International Media Support as basis for the proposed mission to Nepal in January 2008. This draft does not necessarily represent the opinions of all organisations involved in the Mission.
1. Background
1.1. The Nepali peace process
Nepal’s Constituent Assembly election planned for November 2007 was put off in early October following Maoist demands for changing the electoral system agreed among the main political parties, including the Communist Party of Nepal (Maoist). Their demand for holding an election based on proportional representation, and declaring Nepal as a republic before the election – against constitutional provisions of having a “mixed” electoral system and deciding on the future of the monarchy after the polls – has stalled the vital peace process which began with the signing of the Comprehensive Peace Accord in November 2006. The political crisis resulting after the Maoists stepped out of government in 18 September 2007 remained unresolved in November 2007.
The government formed after the successful Jana Andolan (people’s movement) of April 2006, which forced King Gyanendra to step down and yield power to political parties, removed all restrictions the royal regime had imposed on the media. However, the media continued to come under attack of different forces, including organisations affiliated with political parties and new groups demanding greater say in the constitution-making process. Attacks against journalists intensified after mid-January 2007 in the wake of protests by Madhesi groups (people living in the plains) for greater inclusion in the nation-building process. Over a dozen armed groups claiming to represent the demands of the Madhesi people have emerged since, and their violence, largely targeted against people of hill origin, has not spared journalists.
Nepal has enacted two vital laws for protecting the rights of journalists and media freedoms. These include the Working Journalists Act and the Right to Information Act (8 August and 18 July, 2007 continued to face attacks from organisations affiliated with the CPN (M), especially its trade union, often resulting in disruption of publication and broadcasting. On October 5, the Maoists abducted and killed a Birendra Shah, a journalist, in Bara district and the whereabouts of another journalist Prakash Singh Thakuri, allegedly abducted by the Maoists on July 5 from Mahendranagar in Far-western Nepal, remains unknown.
The independent media community has continued its fight against different direct and indirect threats to press freedoms and the safety of journalists. Even though Nepal now has the “space” for freedom of expression, the inability of the state to maintain minimal law and order has resulted in an environment of continuous threats against journalists and press freedom.
1.2. International Press Freedom and Freedom of Expression Mission to Nepal
The International Press Freedom and Freedom of Expression Mission to Nepal was conceived in 2005 as a response to the deteriorating press freedom and freedom of expression situation in the aftermath of the installation of direct rule by King Gyanendra. Twelve international organisations, including UN agencies, global media associations, freedom of expression advocates and media development organisations undertook two assessment missions in Nepal during the king’s reign – in July 2005 and in March 2006 . The first two missions sought to expand the space for freedom of expression. A third mission, organised in September 2006, sought to seek guarantees for press freedoms from the new democratic government and leaders of the main political parties
2. Justification
The political changes brought about by the April 2006 protests resulted in a significant shift in the media environment. The new government annulled all media related ordinances issued after 1 February 2005 in May 2006 and formed a High-level Media Commission to recommend media policy. Since September 2006 government implemented some of its recommendations, including those made by the International Mission. It has enacted the Working Journalists Act and the Freedom of Information Act but implementation remains stalled.
The International Mission was originally formed as a response to the deteriorating press freedom and freedom of expression situation in Nepal after 1 February 2005. The first two missions were reactions to the deteriorating situation and sought to support Nepali journalists to overcome their immediate difficulties. The orientation and the goals of the mission changed after April 2006 when a democratic government was installed in Nepal. The resulting mission (September 2006) focused on seeking guarantees for press freedom and freedom of expression, and commitments for policy and legal reforms, from the government and leaders of major political parties.
The September 2006 Mission had made the following recommendations:
• Guarantees for press freedom and freedom of expression in the Interim Constitution
• Comprehensive reform of media laws, including the Right to Know
• Reform of the state media, and
• Improvement of the conditions of working journalists.
Nepal’s Interim Constitution was adopted by parliament on January 15 (The CPN (M) joined parliament the same day and the government on April 1). However, the adoption of the Interim Statute did not result in peace. Instead, it triggered a month-long protest in the plains by groups demanding greater inclusion the Madhesi people in the political process. Journalists were also attacked by the protesters – for what the Madhesi people felt was unfair representation of their movement in the media.
The Nepali transition which began in April 2006 remains volatile and complex. Even though there are guarantees for press freedom and freedom of expression in the Interim Constitution and the government has also passed several laws that favour freedom of expression, the issues of safety of journalists and protection of press freedoms remain major challenges: The FNJ has recorded over 900 instances of attacks, threats and harassment of journalists after April 2006.
Therefore the need for an International Mission that would have a two-pronged strategy, one reactive for the defence of press freedoms by denouncing the recorded violations, and another proactive, to ensure that the gains made over the years are codified into regulations that are transparent and fair and comparable with international practices. The implementation approach of the Mission needs aim at pursuing further reforms towards a more transparent and liberal media environment while continuing targeted support for strengthening the independent media alongside continued monitoring of press freedoms and the security situation.
3. Objectives and Outputs
Overall Objective
Press freedom and freedom of expression secured and maintained in Nepal and safety of journalists is assured.
Immediate Objectives
1. Press freedom and freedom of expression environment in Nepal reassessed;
2. Recommendations for revised strategies and activity priorities for the International Mission drafted;
3. Dialogue with the political parties and national authorities on key press freedom and freedom of expression issues established;
4. Donor community re-engaged and primed to consider revised activity priorities.
Outputs
1. Cross-section of the national media community met with to discuss the press freedom and freedom of expression situation;
2. Political parties and national authorities met with to discuss the press freedom and freedom of expression situation;
3. Leaders of new groups met with to stress need for respect for press freedoms;
4. International and donor community met with to lobby for support for the media community;
5. Statement released by the International Mission welcoming the developments in removing restrictions on press freedom and freedom of expression and highlighting ‘new’ priorities (as concluded during the mission);
6. The Recommended Project Initiatives document from September 2006 revised to reflect the ‘new’ activity priorities;
7. The draft International Mission Report 2005-2006 revised and updated to incorporate the changed press freedom and freedom of expression conditions in the country;
8. The revised mission report finalised and published.
4. Implementation
4.1. Participation
The Mission would try to accommodate all the partners who will be available to participate, including regional representatives of different international organisations. Even though managing a larger group would be more difficult than a smaller one, it is in the interest of the Nepali journalism community to have visible support for their cause and press freedoms in the Nepali transition.
The FNJ and IMS would request all Mission partners to advise them of their availability for the mid-January visit to Nepal.
4.2. Mission Agenda
The mission should ideally include the following meetings:
1. An opening reception-dinner with welcome address by the FNJ and the International Mission and a keynote speech on peace and press freedoms. (Either by the Prime Minister or the Speaker of the Interim Parliament. (Day 1).
There would be one more summary presentation by the FNJ on the overview of the political context, situation of press freedoms, and the state of the press in Nepal. A written paper on the presentation would be distributed to the participants and mission members as background reading.
(The reason for having this meeting is to invite all the people that ‘have to’ be invited and for visibility at the start of the mission)
2. A one-day business session with representatives of a cross-section of media organisations, including invitees from the districts, to discuss the press freedom and freedom of expression environment and ‘new’ priorities as defined by the local media. The discussions would be limited to four main themes:
a. Media development: professional rights and capacity development
b. Safety of journalists: Emerging threats and possible strategies for overcoming them.
c. Progress in media policy and legislation, including gaps in implementation and the regulatory framework
d. Broadcasting in Nepal after April 2006: the growth of radio and television and the challenges ahead.
(The meeting will start early to make time for district mission members to travel to the districts in the afternoon).
(NOTE: The FNJ has suggested that the district missions not be organised unless it is absolutely necessary because of the general insecurity and the unpredictability of transport disruptions. In the event they are organised they should be done at towns with access by air to avoid road transport. As alternative the FNJ has suggested that it would invite district journalists to Kathmandu)
3. Meetings with senior leaders of the main political parties and government to discuss the immediate and medium-term priorities in relation to press freedom and freedom of expression.
4. Meetings with representatives of leaders of new groups demanding “space” for their constituents in the peace and Constituent Assembly process to stress the continued need for respect for press freedoms and freedom of expression, as well as the ongoing commitment of the international mission to closely monitor and report on any violations.
5. A meeting with the donor community to discuss media development possibilities in Nepal and possible collaborations between the donor community, the international mission and the Nepali media organisations. (Key Nepali partners would also participate in the meeting) (It would be ideal if DANIDA/HOGOU would help convene this meeting)
4.3. Timing and Preparation
It is suggested that the mission be undertaken from January 13-16, 2008. All participants would have to arrive by January 13 for attending the inaugural reception-dinner. It is proposed that the number of days, including arrival and departure be five.
IMS will coordinate the organisation of the mission, including all necessary logistical preparations and arranging the agenda, jointly with the input of the Federation of Nepalese Journalists (FNJ) and international mission participants.
In this regard, the regional IMS South Asia Consultant, Binod Bhattarai, can assist the FNJ locally in planning and organising the mission.
5. Budget
Funding for the mission will be provided through the Hugou/ Danida support to the FNJ and by IMS.
