US embassy cable - 02KATHMANDU1336

UNCLAS SECTION 01 OF 04 KATHMANDU 001336 
 
SIPDIS 
 
SENSITIVE 
 
LONDON FOR POL/RIEDEL 
 
E.O. 12958: N/A 
TAGS: PHUM, PGOV, SOCI, PTER, NP, Human Rights 
SUBJECT: PRESS FREEDOM UNDER NEPAL'S STATE OF EMERGENCY 
 
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SUMMARY 
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1. (SBU) SUMMARY: Since the beginning of the State of 
Emergency in Nepal, 123 journalists have been arrested, with 
35 still detained, three tortured, and one reportedly killed. 
Inaccuracy and partisanship in the press have led to 
government mistrust and restrictions on publications.  Press 
reaction has ranged from outrage at the questionable 
circumstances of and motives for the arrests, to  welcome 
acceptance of government restrictions as a means of insuring 
increased accuracy of reporting.  Nepal's Maoists also 
restrict the press, as they have threatened journalists with 
death for writing certain kinds of articles.  Currently, the 
press is pushing for increased access to conflict areas and a 
Freedom of Information Bill to help expand press freedoms in 
Nepal. The Embassy will continue to press formore cooperative 
military-press relations.  End Summary. 
 
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ARREST OF JOURNALISTS 
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2. (U) As of June 26, 2002, the Informal Sector Service 
Center (INSEC), a Nepali human rights NGO, reports that 123 
Nepali journalists have been arrested under the Terrorist and 
Destructive Activities Ordinance (TADO).  Of these, 35 are 
still in custody.  (Note: INSEC provides the names and dates 
of arrest and release for all these cases.  End note.)  Three 
journalists, Shankar Khanal of Space Time Daily, Shyam 
Shrestha of Mulyankan, and Bijay Raj Acharya of Srijanashil 
Prakashan, have reported being tortured while in police 
custody. The actual number of journalists tortured is rumored 
to be higher.  Recently, Jana Astha, a left-leaning newspaper 
with a fairly good track record for accuracy, reported that a 
Maoist journalist who was arrested in May, Krishna Sen, was 
killed in custody. (Note: The government has not confirmed 
reports of Sen's death.  The Home Ministry says it has no 
information on Sen's whereabouts; the Defense Ministry says 
the same.  Prime Minister Deuba told the press June 27 that 
the government will disclose the facts regarding Mr. Sen's 
wherabouts at the time of his death in "due time."  The Prime 
Minister assured the Ambassador privately on July 4 that his 
government would initiate an inquiry. End note.) 
 
3.  (U) Of those arrested, most were uncharged and can only 
speculate on what led to their detention.  Under TADO anyone 
suspected of terrorist activities may be held for 90 days 
without charge, extendable by 90 more days with Home Ministry 
permission.  The reasons for arrest go beyond pro-Maoist 
publications, which are clearly prohibited, and security 
personnel admit to arresting journalists to pressure them 
into revealing Maoist contacts and other information.  The 
Prime Minister is quoted as saying in a March 6 statement 
that Gopal Budhatoka, editor of Sangher, was arrested for 
"spreading rumors and demoralizing the army."  Colleagues of 
Mr. Budhatoki attribute his arrest to an article he published 
about financial irregularities in helicopter purchases by the 
Royal Nepal Army. 
 
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GOVERNMENT POSITION 
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4.  (U) The Secretary at the Ministry of Information 
reiterated in a private interview on June 3 that the 
curtailment of rights under the emergency is not directed 
against the press, but added that the press cannot publish 
items that favor the Maoists or demoralize the military. 
When asked to elaborate on what qualifies as demoralization, 
he gave an example of a report that RNA personnel committed 
human rights abuses or killed civilians, when reporters had 
not been there to verify the information firsthand. 
 
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CREDIBILITY OF THE PRESS 
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5.  (SBU) Nepal's press faces a credibility gap because of 
their inaccuracy, history of leniancy in their criticism of 
the Maoists, and political partisanship.  A military source 
said that the military feels reluctant to facilitate 
information gathering by journalists because events are 
frequently misreported.  Journalists also report that before 
the state of emergency, the press seemed to favor the 
Maoists, raising concerns that increased press freedom and 
access to conflict areas will lead to unbalanced criticism of 
the military rather than of the Maoists.  Many newspapers 
also have strong political ties, creating questions about the 
fairness of reporting.  The government argues that 
restrictions on the press are in the interest of preventing 
the spread of untrue and potentially dangerous statements. 
On the other side, the press argues that government oversight 
reduces its credibility in the public eye, as journalists are 
seen as government mouthpieces. 
 
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LEGAL CONCERNS 
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6.  (U) Journalists and their families have raised concerns 
about the legality of arrests and the "disappearance" of 
arrested journalists.  They have made multiple allegations of 
violations of the law prohibiting the military from 
participating in civilian arrests or interrogation.  This is 
a legally murky area, as TADO requires that the army hand 
over civilians, but not combatants, to the police, and the 
army claims it is arresting suspected Maoists, not 
"civilians."  There have also been complaints of raids of 
press offices by both uniformed and plainclothes police 
without warrants, though this is allowed under TADO.  Finding 
the location of arrested journalists is a major issue, as 
security forces frequently do not disclose the location where 
the arrested person is being held, and generally do not allow 
visits by family members.  There is also the problem of 
determining whether an arrested journalist is being held by 
the police or the army, as both frequently deny any knowledge 
of the whereabouts of arrested persons.  The right to file 
writs of habeas corpus is still guaranteed, however, and many 
colleagues and relatives of those arrested have been making 
use of this right.  The relatives of ten arrested journalists 
filed such a writ earlier this year.  After filing, the 
family members report that they were harassed repeatedly by 
security personnel. A writ of habeas corpus has also been 
filed by the Nepal Press Institute for one of its members, 
and the Supreme Court has ordered that he be found.  To date, 
these journalists have not been produced. 
 
7.  (SBU) The National Human Rights Commission (NHRC) has 
been prominent in its attempts to gain access to information 
about journalists who have been arrested, interrogated, or 
detained.  The NHRC works for accountability in the security 
forces and tries to ensure that actions taken against 
journalists stay within the legal provisions of the state of 
emergency and TADO.  This Commission has made inquiries and 
requested notification within three days of the whereabouts 
of arrested journalists.  An official in the complaint 
division reports, however, that it has experienced extreme 
difficulties in its work as the government is very 
uncooperative in responding to its inquiries. The "response 
is always that they haven't arrested anybody." Despite these 
difficulties, as a constitutional body the NHRC is the most 
powerful force in Nepal in the monitoring of treatment of 
journalists. 
 
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MAOISTS 
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8.  (U) The Press is restricted by the Maoists as well. 
There have been reports from all over the country that 
newspapers have been warned against "collaborating with the 
government" by printing articles on certain subjects.  As of 
now, however, only one serious incident has been reported. 
Demling Lama, a correspondent of Radio Nepal, was abducted by 
Maoists and held for 36 hours, because, he believes, of an 
article that he wrote about their activities.  While 
torturing him, they told him that they were planning to kill 
other journalists in the country.  Mr. Lama managed to 
escape, fearing for his life. 
 
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PRESS REACTION 
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9.  (SBU) In conversation with five journalists, all stated 
that self-censorship is practiced by everyone in the media in 
the form of avoiding materials that may violate the 16 
directives for the press (See para 12) or lead to 
repercussions by law enforcement agencies.  A member of INSEC 
complained that the press does not publish reports of human 
rights abuses because they are "totally self-censored." 
Taranath Dahal of the Federation of Nepali Journalists stated 
"we have become suspects," and described an atmosphere of 
fear and demoralization created by the arrests and 
intimidation of journalists around Nepal. The National Human 
Rights Commission also reports a situation of intense fear. 
An official at the Commission stated that he has received 
from journalists many reports of torture by police, but "most 
people request us not to report these because they are so 
scared...those people could be arrested again tomorrow." 
When asked if he thinks the press is afraid to print the full 
news, he gave an example of an occasion near Nepalgunj where 
members of the NHRC were led by journalists to four bodies, 
presumably shot by the RNA.  When the members asked the 
journalists why they had not reported the incident, the 
journalists responded that they were afraid of retribution 
from the military. 
 
10.  (U) In contrast, Krishna Timilsina, Executive Director 
of the Nepal Press Institute (NPI), stated that he believes 
the censorship measures taken by the government are 
necessary, explaining that "In this abnormal situation no one 
can expect the freedoms guaranteed constitutionally...In war 
we have to observe some special rules and regulations and 
abide by the legal provisions."  He also considered it a 
matter of ethics not to criticise the military or the 
monarchy, and supported the directive against publishing 
articles that may be demoralizing to the military.  He 
explained that the NPI practices rigorous self-censorship, 
and as a result has not experienced government interference. 
 
11.  (SBU) The political leanings of the press have been an 
issue since the beginning of the state of emergency.  In the 
five years preceding the emergency, leading journalists say 
that the majority of the press seemed to sympathize with the 
Maoists to some extent.  When the state of emergency was 
declared, however, the publication of Maoist press releases 
came to an immediate end and the press "surrendered" to 
government directives.  Media groups, they say, have been 
eager to prove their patriotism by denouncing the Maoists and 
practicing a self-censorship that in some cases goes beyond 
the restrictions placed on them. 
 
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PRESS UNDER EMERGENCY 
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12.  (U) Several Articles and Sections of the Nepali 
Constitution were suspended by the State of Emergency imposed 
on November 26, 2001 and the Terrorist and Destructive 
Activities Ordinance (TADO).  Two of these have direct 
bearing on the press.  These are Article 12.2, which 
guarantees freedom of movement throughout the kingdom, and 
Article 13, guaranteeing press and publication rights and 
protection against censorship.  Also suspended are Article 15 
against preventive detention and Article 16 guaranteeing the 
right to information.  Two days after the declaration of 
emergency, a set of 16 directives was issued to the press by 
the Ministry of Information and Communication detailing what 
information it considered fit to broadcast or publish.  Among 
the categories proscribed as not fit to publish are news 
items hurting or shocking civilians, their faith, morality 
and social norms; any item weakening multi-party democracy; 
and any report insulting, humiliating, or shocking the army, 
police, or civil servants.  At the same time the press was 
encouraged to publish the heroic deeds of the RNA as well as 
verified news from the Ministry of Defense. The press has 
largely followed these directives for a variety of reasons, 
including patriotism and fear. 
 
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ACCESS TO INFORMATION 
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13.  (U) Two current hot issues in the Nepali press freedom 
debate both relate to access to information.  The first is 
the issue of media access to conflict areas and the right to 
independent verification.  At a seminar on June 5, a 
representative of the RNA expressed the view that the 
military is not interested in facilitating media access to 
the field because security forces need to focus on their 
primary objective of fighting the war, and could not 
guarantee the safety of the journalists.  He also reiterated 
concern that the journalists would publish false information 
that is damaging to the military.  Journalists responded that 
they were willing to accept the risk and burden of being in a 
conflict zone, but they needed permission to travel to those 
areas as well as increased military cooperation in providing 
them with information to help ensure that they are able to 
report accurately.  Some progress was made on setting up a 
meeting between media and military leaders to discuss this 
issue further. The Embassy has encouraged greater involvement 
of the press in conflict areas as a mutually beneficial 
action, and the military has, on a few occasions, taken 
members of the press to the field. 
 
14.  (U) The second high-profile issue regarding access to 
information is a proposed Right to Information Bill, to take 
effect after the State of Emergency.  The right to 
information is guaranteed in the presently suspended Article 
16 of the Nepali Constitution, but the draft Bill defines who 
will have this access, and specifies the kinds of information 
included.  Section 8 of the Bill requires the provision of 
information regarding unlawful activities perpetrated by a 
public official, and Section 14 defines the mechanism for 
redress.  The Bill was proposed jointly by the Nepal Press 
Institute and the Federation of Nepali Journalists in 2001, 
and the Secretary at the Ministry of Information announced 
plans to introduce it in this year,s Parliamentary summer 
session.  With the dissolution of the Parliament, 
consideration of the Bill has been postponed. 
 
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COMMENT 
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15.   COMMENT:  Clearly, The Maoist insurrection and the 
Government's counter-insurgency campaign have taken a serious 
toll on press freedom in Nepal.  Contributing to this problem 
have been the low professionalism of elements of the press, 
the expressed sympathy ofsome journalists for the Maoists 
before the declaration of the state of emergency, and the 
deeply ingrained habits of non-transparency of the RNA.  The 
Embassy has been working to encourage greater press freedom 
in Nepal, arguing that the detention of journalists for the 
purpose of intimidation is counterproductive in the fight 
against Maoist terrorism and risks giving Nepal a bad human 
rights reputation that could become an obstacle to continued 
international assistance.  The Ambassador plans to raise this 
issue again with the Prime Minister during their next 
meeting.  US training now being planned for the RNA will 
include discussion on more cooperative military-press 
relations.  End Comment. 
MALINOWSKI