Mahara Defends Maoist Atrocities

Himalayan News Service
Kathmandu, May 4, 2007
Minister for Information and Communication Krishna Bahadur Mahara on Friday justified atrocities meted out by Maoist cadres to journalists during the 11-year-long armed conflict.
"You cannot look at those atrocities in isolation. From the political point of view, they may not be what they appear," he said, addressing a programme organised to launch a report on the state of press freedom.
The report was prepared by the Forum of Development Journalists with support from the UNESCO Kathmandu Office. He also handed over the Gopal Das Memorial Community Journalism Award to Bijaya FM of Nawalparasi.
During the armed conflict, at least three journalists -- Gyanendra Khadka, Dekendra Thapa and Krishna Sen -- were murdered. Khadka and Thapa were killed by the Maoists, while Sen was disappeared and killed by the state.
Mahara, who is also the spokesperson for the CPN (Maoist), said, "When people fight for bigger causes, journalists may be attacked and even killed. Such instances cannot be taken as mere criminal activities."
"Unusual events can take place during the process of political and social transformation," he said. Let history judge them.History will prove them as justifiable," he said.
He added that the government is committed to providing compensation and treatment to journalists, who lost their lives or sustained injuries during the People's War.
The government is making laws to protect rights and freedom of journalists, he said.
"I repeat, the government as well as the Maoist party are committed to providing freedom to media persons. They must be free from suppression, pressure and restrictions," he said.
Speaking at the same programme, Bishnu Nisthuri, president of the Federation of Nepalese Journalists, objected to Mahara's justification of atrocities.
"The minister's comment is very objectionable. It shows that the government is backing the inhumane history," he said.
The seven-party alliance has decided to shelter a person, who was responsible for the torture of a media person, Nisthuri said, without saying who the torturer is.
(Source: The Himalayan Times)

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Illusive press freedom in loktantrik Nepal

May 7, 2007
The Kathmandu Post
Nepalese media and journalists also celebrated the World Press Freedom Day last Thursday amidst programs nationwide, in the backdrop of growing insecurity to journalists, especially in the Terai. While commemorating the Press Freedom Day, efforts were concerted to analyze the media situation over the last one year. In its bid to locate the press freedom situation and to identify the most pressing issue of the Nepalese media, Kiran Chapagain of The Kathmandu Post has talked to Minister for Information and Communications Krishna Bahadur Mahara, President of the Federation of Nepalese Journalists Bishnu Nisthuri and Jacqueline Park, Asia-Pacific Regional Director, International Federation of Journalists (IFJ). Excerpts:

Krishna Bahadur Mahara

TKP: What is your understanding of the Nepali media from your experience of over one month as the Minister for Information and Communications?

Krishna Bahadur Mahara: Communications sector is very sensitive. In my understanding, reform is urgent in the field of communications in Nepal. I have further understood that there is a need of enough reform on the social, economic and cultural basis of Nepal. There is a need for media that can play an independent role in the society by being responsible to the country and the people. For this some initiatives are urgent. This is my understanding and picture of the Nepali media.

TKP: What do you mean by "enough reform"? Would you please be more specific?

Mahara: We say press freedom but it has not been defined precisely in the Nepali context. It is also necessary to define whether it has limitation. In my opinion, press freedom should not have limitation. But the objective necessity of the country and aspiration of the people should be the basis of press freedom. Now the role of the Nepali media should be identified through discussions.

TKP: You talked about media responsibility. Have you found media activities upholding responsibility to the nation?

Mahara: Media has played role in loktantra. But this contribution is yet to be institutionalized. They have upheld their responsibility to the country. But this contribution is yet to take a fixed shape.

TKP: What do you think are the most pressing media issues that need to be dealt with urgency?

Mahara: There are two kinds of media in Nepal--government-owned and private. Works are necessary to make the privately owned media realize their responsibility to the country and the people. Similarly, it is necessary to regulate and mobilize the government media by making the government responsible to them. Some specific initiatives are required in this regard. But it is a very complex work and needs an extensive discussion to arrive at a conclusion in this issue. Besides, the main national agenda is the Constituent Assembly (CA) and media should play role in making the CA a success. I appeal to the media to make people aware of CA.

TKP: What do you have to say on the reports of pressure on the government media by the Maoists to cover only positive things of the Maoists? Isn't it the misuse of the state-owned media by the Maoists?

Mahara: It is totally wrong. There was much unnecessary pressure on the government media in the past. I have not exerted unnecessary pressure on them on behalf of the CPN-M. Morally, I have directed the state-owned media to start works towards the CA agenda after the change of the government. It should not be understood as pressure. If any media shows indifference to the CA, weakens and ignores the national agenda of the CA, then a definition of press freedom and limitation should be sought there. So my direction to the state-owned media after the change of the government should not be taken as a pressure.

TKP: Similarly, there are also reports that the contract of many reporters of the state-owned news agency RSS have not been renewed to recruit journalists close to the Maoists in the places.

Mahara: Those who are talent will be chosen for the job. It is the authority of the RSS to select the best. So you cannot say the Maoists are recruiting their people.

TKP: Earlier, you mentioned about regulating and mobilizing the government. But FNJ and other media rights groups have been demanding that the government should not run media. What is your opinion regarding the state media?

Mahara: There are two schools of thought in this regard. There are arguments that government should not run media. Similarly, there are arguments that there should be media that abide by the policy and programs of the government. I think the government needs/must have some media to disseminate its programs and policies. But it is necessary to study the reports and recommendations of different committees and commissions

before taking any decision on the government media.

TKP: In recent days, attacks on media and journalists have increased but the government seems indifferent to bring the perpetrators to justice. The government has not issued even a single press statement to show concerns to such wanton activities against the press. What do you have to say in this regard?

Mahara: Such attacks have not come to my notice since I assumed my portfolio. And I cannot even own the responsibility to the anti-press activities of the past. All, including the parties and the people are angry in one or another way in this transitional and political conflict situation. And one should seek the definition of one's welfare and aspiration in this transitional context. The natural process seen in the transitional phase should be taken naturally. But it does not mean that journalists should be attacked and that there should not be security to journalists.

Bishnu Nisthuri

TKP: What is your assessment of the situation of press freedom after the establishment of loktantra?

Bishnu Nisthuri: It seems that there is no loktantra as far as press freedom is concerned. When we analyze the professional crisis of press and security of journalists, there is no loktantra in the country. The direct interference, attacks and control by the state has stopped. But the state has not co-operated with the press. Besides, organizations, which have emerged in the country in recent days in different names, and the organizations which have been launching their struggle for rights, have vented their anger against the press. It seems that their main goal is to attack the press and make the press flee from the field. In general, the Nepali press has not been able to proceed fearlessly with professionalism even after the establishment of loktantra. And the security of journalists has emerged as

the most pressing media issue in the country.

TKP: You said the press is yet to realize that there is loktantra in the country. What should be done if the loktantra were to be realized by the press?

Nisthuri: There are two things in this regard. First, the rights of all working journalists should be guaranteed by a law, which is our one of the main concerns. But it has not happened to date. It is our tragedy that the political parties, who are both in the parliament and the government, have not been able to enact a working journalists act as demanded by the journalists in the country. Similarly, we have been demanding a right to information act, which is related to freedom and existence of the citizen as well. But the government has not been able to equip the press and journalists even with these two laws, which makes us realize that there is no loktantra in the country.

TKP: If so, why does not FNJ launch a struggle to pressurize the political parties, the government and the parliament?

Nisthuri: FNJ has given plenty of options to the government regarding the laws, management of the government media and overall reform of the media sector. It is also ready to launch pressure programs but maintaining patience to let the parties, government and parliament to concentrate on the main national agenda - Constituent Assembly (CA).

TKP: Why do you think the new organizations/groups struggling for their rights have targeted media and journalists in an alarming way in recent days?

Nisthuri: There are some specific reasons why press and journalists have been targeted in recent times. The main reason is that the organizations have expected FNJ to take to the street to support their cause in the way it was in the street during the autocratic regime. There are other reasons as well. Those individuals and "elements" who were exposed by the press when they were in power from the local to the central level during the autocratic regime, also used the movements of the organizations as an opportunity to attack the press and journalists in retaliation. Similarly, those who are involved in smuggling, who were exposed by the press in the past, also take advantage of the movements of the organizations to take actions against the press and journalists.

TKP: It seems that the government is indifferent to bring those involved in attacking the press to justice. Is it right?

Nisthuri: Yes. The government has been very indifferent to bringing the guilty to justice. For instance, despite sufficient direct evidence, the administration has not even initiated action against those involved in beating up journalists in Tankisunwari, Biratnagar. There are also many other cases like this. The government has not even dared to seek clarifications from perpetrators in the cases. Thus, the state is continuing the culture of impunity, which is a kind of non-cooperation of the government with the press in an indirect way.

TKP: What should be done to bring to justice those guilty persons who committed atrocities and attacks against the press and journalists?

Nisthuri: First, the report of the Rayamajhi Commission should be made public and the guilty as indicted by the commission should be punished. Punishing the guilty who attacked and infringed media rights during the king's direct rule means addressing a large section of impunity prevailing in the country. Similarly, those who killed journalists during the 10-year long "People's War" should be identified and punished. Well, the Maoist leaders and ministers have publicly conceded to the mistakes but it is not enough. They should let the people know who were involved in killing journalists and what actions have been taken against the perpetrators. If the party, which is now in the government, cannot do this, it should not show its double standard.

TKP: What are the major burning media issues that need to be addressed immediately in your opinion?

Nisthuri: First, a new working journalists act must be enacted. Then, a right to information act should be introduced. Similarly, initiatives should be begun to take the media out from the government control. Likewise, the government should discharge its responsibility of providing security to journalists. It also means that the government should punish those who are involved in attacking media and journalists.

Jacqueline Park

TKP: You have once again come to Kathmandu. Could you please explain the purpose of your visit this time?

Jacqueline Park: This time I will be here for a week. We are here for a number of reasons and to organize a number of activities with FNJ: to celebrate World Press Freedom Day with Nepali journalists and to lead a training workshop, which I am doing now with the FNJ leadership. And then, starting from tomorrow, the IFJ has a program with the FNJ on human rights--addressing the very practical challenges the journalists face when reporting human rights, especially in a conflict situation.

TKP: You have been actively involved in raising voice for press freedom here in Nepal, especially after the February 1 royal coup. You have been here on such missions as well. What is your assessment of press freedom in Nepal, especially after the reestablishment of democracy through the April uprising?

Park:I am surprised that the things aren't as good as they should be. It is a matter of great concern to IFJ. The journalists saw attacks in Terai. The rise of new movement, new enemies of press freedom, attacking journalism, attacking journalists, violence are of our great concern. It seems that, although the country is in a move to restoration of democracy, and though there was the people's movement which overcame the king's coup, there is a kind of new alignment of forces against press freedom. And I think that we need to be very vigilant.

TKP: What do you think should the government do to ensure journalists' safety and safe environment to the enjoyment of press freedom?

Park:First they need to provide security to the journalists. And they have to understand and make it a priority to make sure that the journalists are able to operate in a safe environment. And then they need to understand how important is it to journalists to be able to operate. If journalists aren't able to report freely, then people won't be able to freely participate in reestablishment of democracy here.

On the security of journalists, it is very practical what we need. I mean we need an understanding at the district level of what's happening to facts from the media. We need a proper response from the authority. How is that security situation established?

There seems to be a climate of impunity in that those attacking the media are not being brought to justice and I think the government and the authority need to come down very hard on them and send a message very clearly to those groups that that's just not appropriate to take that kind of action against media.

TKP: You are watching the press freedom situation in the whole of Asia. Where do you find Nepal in terms of press freedom situation amongst other South Asian countries?

Park:Well, I think it is utterly hard to compare because situations are so different. What stands out in Nepal is that there is a very vibrant press, a very vibrant journalism community that guides a long way towards ensuring press freedom. That's very important. On the other hand, you're in a transitional period, you are coming out of a conflict situation but the conflict has not actually gone away in some areas. And that of course creates much problem to press freedom. But there is clearly some progress in the government that has been brought back with the people's power toward establishing a very clear framework or landscape for media freedom. And that is important.
(Source: The Kathmandu Post)

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Bill okays trade unions in media houses
Appointment letters must before hiring anyone

Himalayan News Service
Kathmandu, May 8
The Ministry of Information and Communication today tabled Working Journalist (first amendment) Bill before the interim legislature.
The new bill has made it obligatory for all media houses to provide appointment letters before hiring anyone. It also empowers the journalists to form trade unions.
The new bill identifies chief editor, editor, reporter, stringer, newsreader, programme director, translator, web designer, columnist, photo journalist, press cameraman, cartoonist, programme producer or anchor, visual or language editor and other media-related posts. Others in the media houses will be termed workers.
“A manager cannot hire anybody without appointing him or her and the selection should be made through open competition as per the given criteria,” the bill states, adding that the selected candidate must be appointed within a given time period and Press Registrar’s office should be notified about the appointment.
The bill also makes it possible for the media houses to hire people on contract “for a job of special nature” with the permission of Press Registrar, but the contract should mention the job, salary, period and other terms and facilities in the contract.
The amendment has added a provision that would enable the working journalists to form trade unions, under the laws related to trade unions.
It adds that the Press Registrar will solve disputes that may arise at the media house over working journalists, workers and terms and facilities.
“Press Registrar can monitor any media house following the act or any other laws prepared under the act. It can direct the media house to follow the act if found functioning against its spirit,” it states.
The bill states that a media house found violating the act could be fined up to Rs 25,000.
In such an eventuality, the press registrar can even exclude the paper from classification, prohibit it from importing raw material, deny press pass and bar it from covering government meetings, according to the bill.
Bishnu Nisthuri, the chairman of Federation of Nepalese Federation of Journalists, said the federation had been fighting with several governments to have the Working Journalists Act amended and formulated and it would be appreciable if the act comes in media-friendly form.
“It will be a great victory if the act comes in favour of the working journalists. But we would be cheated again if it comes like it was introduced in 1994.”
(Source: The Himalayan Times)

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TORTURED SCRIBE COMPENSATED

Himalayan News Service
DHANKUTA May 15: The District Administration Office, Dhankuta, today provided Rs 20,000 as compensation to journalist Ambika Bhandari, who was tortured by the police for allegedly being a Maoist. CDO Nava Raj Upadhyaya handed over the cash to Bhandari in accordance with an Appellate Court verdict that was issued earlier in her favour.
Bhandari, who had been reporting from Dhankuta for the Janaastha Weekly, was arrested on December 16, 2001 under the Terrorist and Disruptive Activities Control and Punishment Ordinance (TADO). She was held in police custody till April 18, 2003, where she was tortured.
Bhandari, who hails from Kuruletenupa VDC-2, filed a lawsuit in the District Court on May 22, 2003 under the Compensation Related to Torture Act 2053 against the DAO and the district police office, Dhankuta. A bench of the District Court judge Hari Kumar Pokhrel had issued a verdict that a sum of Rs 20,000 be given to her.
(THE HIMALAYAN TIMES)