US embassy cable - 02KATHMANDU695

UNCLAS SECTION 01 OF 02 KATHMANDU 000695 
 
SIPDIS 
 
SENSITIVE 
 
LONDON FOR POL/RIEDEL 
 
E.O. 12958: N/A 
TAGS: PGOV, PTER, ASEC, CASC, PINR, NP, Nepali Government Policy 
SUBJECT: STATE OF EMERGENCY RELAXED; ANTI-TERRORISM BILL 
PASSES; ATTORNEY GENERAL RESIGNS 
 
REFS: A) KATHMANDU 672, B) 01 KATHMANDU 2302 
 
1. (SBU) Summary.  Nepal's King on April 4 approved five 
directives from the Cabinet easing restrictions on civil 
liberties imposed under the state of emergency.  The 
directives allow criticism - so long as it is not 
"demoralizing" - of the security forces; restore press 
freedoms, but not in the service of terrorism; and permit 
recognized political parties to hold public gatherings. 
In reaction, Nepal's Attorney General resigned April 4 in 
apparent protest.  Also on April 4, Nepal's Parliament 
passed the Terrorist and Disruptive Activities (Control 
and Punishment) Bill, which would codify an ordinance, 
targeted against the Maoists, that was promulgated by the 
Cabinet at the time the state of emergency was declared. 
This bill now awaits the King's seal.  April 4's events 
show that a measure of acceptance of the emergency 
measures exists within Nepal's democratic institutions; 
however, the new directives are unlikely to loosen the 
ties of self-censorship currently restraining the Nepali 
media.  End Summary. 
 
Emergency Restrictions Eased 
---------------------------- 
 
2. (U) Nepal's King Gyanendra gave his pro forma assent 
April 4 to five Cabinet directives relaxing restrictions 
on civil liberties imposed under the state of emergency 
that began November 26, 2001.  The directives allow public 
criticism of the security forces provided it is not 
"demoralizing"; allow the publication and transmission of 
news reports, articles or commentaries so long as they do 
not aid terrorism; permit recognized political parties to 
hold public meetings with the permission of district-level 
authorities; and provide for the resumption of normal 
procedures for civil service assignments and transfers. 
The fifth directive specifies that matters not mentioned 
in the bill shall be dealt with according to existing 
laws.  The Prime Minister had been under pressure both 
from within his own party and from opposition parties on 
both ends of the ideological spectrum to ease restrictions 
- especially those on political rallies (Ref A). 
 
Attorney General Steps Down 
--------------------------- 
 
3. (SBU) In reaction to the King's issuance of the 
directives, Nepal's Attorney General resigned April 4 in 
apparent protest.  A contact in the Attorney General's 
Office confirmed that the AG had resigned because of 
ongoing disagreements with the government over the 
imposition of the legal framework for the emergency.  One 
observer speculated that the AG had resigned because he 
objected specifically to the loosening of restrictions 
under the emergency.  Other sources told us that the 
Attorney General - a political appointee - frequently 
clashed with other Cabinet members.  A replacement is 
expected to be named soon. 
 
Anti-Terrorism Bill Passes House 
-------------------------------- 
 
4. (U) Also on April 4, Nepal's Parliament passed the 
Terrorist and Disruptive Activities (Control and 
Punishment) Bill.  The bill would codify a Royal Ordinance 
declared along with the state of emergency last November 
(Ref B).  It now goes to the Palace for the King's assent. 
The law would then remain in effect for two years. 
 
Comment 
------- 
 
5. (SBU) Parliament's acceptance of the anti-terrorism 
ordinance promulgated along with the state of emergency 
late last year shows that Nepal's democratic institutions 
are accepting of the steps taken thus far to address the 
country's current crisis.  The newly issued directives 
will promote normalcy in some areas, as in the civil 
service personnel system.  However, the measures related 
to freedom of expression remain sufficiently ambiguous 
that Nepal's press will likely continue to steer clear of 
controversial reporting, including constructive criticism 
of the security forces. 
 
MALINOWSKI