US embassy cable - 05KATHMANDU2229

C O N F I D E N T I A L SECTION 01 OF 03 KATHMANDU 002229 
 
SIPDIS 
 
DEPT FOR SA/INS 
NSC FOR GREEN 
LONDON FOR POL: BELL 
 
E.O. 12958: DECL: 10/14/2015 
TAGS: PGOV, NP, Nepali Government Policy 
SUBJECT: KING CALLS FOR PARLIAMENTARY ELECTIONS BUT MUZZLES 
MEDIA 
 
REF: KATHMANDU 1690 
 
Classified By: DCM Elisabeth Millard. Reasons 1.4 (b/d) 
 
Summary 
------- 
 
1. (C) The same week the King announced that parliamentary 
elections would take place by April 2007, and a February 8 
date for municipal elections, he promulgated a restrictive 
media ordinance banning news on FM radio and increasing fines 
for slander against the royal family.  The Election 
Commission also announced curbs on the media through a 
municipal elections media code of conduct.  As the 
parliamentary election announcement came in the middle of 
Nepal's biggest religious festival, Party leaders had not yet 
met to form a united approach.  The seven party alliance had 
previously announced it would boycott municipal elections, 
but Party leaders contacted were less unequivocal about the 
parliamentary elections.  They highlighted the need for the 
"proper environment" for parliamentary elections, and noted 
that curbing press freedoms was a move in the wrong 
direction.  Local and international organizations strongly 
condemned the King's restrictive media ordinance.  End 
Summary. 
 
King Calls for Parliamentary Elections by Spring 2007 
--------------------------------------------- ------ 
 
2. (U) In his October 12 holiday message, King Gyanendra 
directed the Election Commission to conduct elections for the 
House of Representatives by April 2007.  He stated that a 
meaningful multiparty democracy was only possible by 
reenergizing representative institutions through free and 
fair elections.  The King requested the international 
community to actively assist in ensuring that the election 
process was dignified, free and fair.  He encouraged broad 
participation in the forthcoming municipal elections and said 
there should now be no delay on the part of "those who have 
been misguided" to discard violence and dedicate themselves 
to the welfare of the nation and people by engaging in 
competitive democratic politics.  He continued, "therefore, 
we would like to make it clear that the door to joining the 
political mainstream is open to all, giving due consideration 
to the nation's requirements and the people's aspirations as 
well as their responsibility towards the legacy of history." 
Claiming that there has been a decline in "terrorist 
activities" since February 1, the King said people have now 
begun to feel more secure, but "all of us must remain ever 
alert and active" in safeguarding the nation and democracy 
against terrorism. 
 
King Promulgates Harsh Media Ordinance 
-------------------------------------- 
 
3. (U) On October 9, the King issued an ordinance amending 
radio, television, print media, and defamation laws. 
Provisions banned FM radio from broadcasting "news-oriented" 
programs; instead stations were limited to broadcasting 
"information-oriented" material.  However, FM radio stations 
defiantly continued broadcasting news, noting that the 
Supreme Court's August opinion (reftel) restricted the 
government from banning news.  The new ordinance required 
print media to sell or distribute foreign news "after taking 
permission" from the government, unless it came from the 
government news agency.  However, newspapers to date have 
continued to publish articles from international news 
sources.  The ordinance increased by tenfold the fine 
publishers and editors faced when publishing "material deemed 
helpful to terrorists" and added "members of the royal 
family" to anti-defamation provisions previously focusing 
only on the King.  It also prohibited any one individual or 
organization from having "more than two licenses" for radio, 
television or publications simultaneously.  The government 
would deny licenses to violators who did not divest within 
one year. 
 
Election Commission Announces Restrictive Media Code of 
Conduct 
--------------------------------------------- --------------- 
 
4. (U) Noting that the King had promised to hold municipal 
elections within a year of his April 15 announcement, the 
Election Commission announced on October 9 that municipal 
elections would be held on February 8, 2006.  The Commission 
said it would begin registering political parties for the 
municipal election on October 17.  The Election Commission 
also published a code of conduct for the media, prohibiting 
both government and private media from disseminating any news 
that could hamper elections, create indifference towards 
elections or create confusion among voters.  The code 
prohibited media from broadcasting or publishing news, 
reactions, analysis, personal articles, interviews, cartoons, 
or editorials that might tilt voters toward a party or 
candidate. 
 
No Consensus Yet on Parliamentary Elections, 
But Parties Boycott Municipal Elections 
-------------------------------------------- 
 
5. (C) With most leaders out of the capital for the holiday, 
there was as yet no formal party or seven party alliance 
approach to the King's proposed parliamentary election by 
April 2007.  Arjun Narasingha K.C. (NC) told Emboff on 
October 13 that it was his hope that the seven party alliance 
could work to use the election for democratic purposes, 
though the declaration of the media curbs at the same time as 
the election announcement was "a serious challenge."  Jhala 
Nath Khanal (UML) told Emboff that elections were important 
for the people of Nepal, but a "proper environment" was 
needed.  M.K. Nepal (UML) told the press that the King's 
message to hold the parliamentary elections "has no meaning 
in the present context."  He said that elections for the 
House of Representatives "is not our demand, as it is not an 
alternative to the elections for the Constituent Assembly, 
the only way out of the present crisis."  Gopal Man Shrestha, 
Acting NC(D) President, told the press that the seven party 
alliance would not participate in any kind of election, be it 
municipal or parliamentary, unless the King was honest about 
resolving the crisis.  Unsurprisingly, Roshan Karki (RPP) 
told Emboff that her party enthusiastically supported the 
election, but noted that the King should create an 
environment for all parties to take part.  Former PM Surya 
Bahadur Thapa, who leads the RPP splinter Rastriya Janashakti 
Party, told the press the announcement of the polls could be 
"a positive entry point."  "We should take the King's message 
positively.  Let's use the opportunity to reach to a solution 
to the current problems."  Only the Nepal Sadbhawana Party 
dismissed the King's proposal outright, with Anil Kumar Jha 
telling Emboff that his party was "opposed to the King's 
elections strategy."  The editor of the Kathmandu Post opined 
to Emboff that Party participation in parliamentary elections 
depended on how they were organized.  He thought that the 
political parties would only agree to participate if there 
were third party (international) involvement in the running 
of the elections. 
 
6. (U) The country's major political parties reconfirmed that 
they would boycott the municipal elections, as the current 
"unconstitutional government" was "illegitimate."  M.K. 
Nepal, UML General Secretary, told the press that the polls 
further increased "conflict between the King and the 
political parties" and therefore the seven party alliance 
would not participate. 
 
Strong Reaction Against Media Ordinance 
--------------------------------------- 
 
7. (C) Seven party alliance members all strongly denounced 
the King's curbs on media freedom.  Jhala Nath Khanal (UML) 
said that any effort to control press freedom was not in the 
interest of the Nepali people.  Anil Kumar Jha (NSP) told 
Emboff that he could only conclude that the King did not want 
the press to "highlight the drawbacks" of the King's flawed 
strategy.  The National Coalition of Human Rights Defenders, 
a local NGO, issued a statement condemning the ordinance as 
violating national and international provisions of democracy. 
 An Indian External Affairs Ministry spokesman told the press 
that "curbs on freedom of expression and media which is a 
fundamental pillar of democracy will inevitably be 
counter-productive."  He continued, "we hope the ordinance 
would not be used to curb the freedom of expression and that 
of the press in Nepal."  On the issue of the Election 
Commission code of conduct, Kishor Nepal, former chairman of 
the Federation of Nepalese Journalists, said the code was so 
poorly drafted that it would be burdensome for the Commission 
to enforce.  For example, the code left no room for the media 
to report if a candidate violated the code.  He argued that 
the municipal election would only be credible and impartial 
if the media were fairly involved. 
 
Comment 
------- 
 
8. (C) As FM Pandey had indicated to the Ambassador on 
October 7 (septels), the King announced the date for 
municipal elections, and made "positive" remarks in his 
Dahsain speech on the issues of a multiparty system, 
parliamentary elections, and the Maoists.  While Pandey had 
hoped that the U.S. would react positively to what the King 
said, he omitted mention of the strict media curbs that the 
King also announced.  Needless to say, it will be critically 
important for the government to create and maintain an 
atmosphere conducive to free and fair elections.  With the 
newly-imposed severe restrictions on Nepal's press, and the 
major political parties understandable hesitation about 
participation, upcoming elections are unlikely to have 
national or international legitimacy. 
MORIARTY