US embassy cable - 05KATHMANDU2318

C O N F I D E N T I A L SECTION 01 OF 02 KATHMANDU 002318 
 
SIPDIS 
 
DEPT FOR SA/INS, 
DEPT FOR SA/PA 
NSC FOR GREEN 
 
E.O. 12958: DECL: 10/24/2015 
TAGS: PGOV, PHUM, NP, Nepali Government Policy 
SUBJECT: MIDNIGHT RAID SEIZES RADIO EQUIPMENT 
 
REF: A. KATHMANDU 2229 
     B. KATHMANDU 1690 
 
Classified By: Ambassador James Moriarty. Reasons 1.4 (b/d) 
 
1. (U) This contains an action request.  See paragraph 9. 
 
Summary 
------- 
 
2. (C) Dozens of armed police stormed the Kathmandu office of 
Kantipur FM Station, part of Nepal's largest media 
conglomerate, near midnight on October 21, took control of 
the station staff at gunpoint, and seized satellite uplink 
equipment to prevent transmission of FM radio to eastern 
Nepal.  His Majesty's Government of Nepal (HMGN) claimed 
Kantipur FM was in violation of the King's October 9 media 
ordinance prohibiting stations from simultaneously 
broadcasting in more than one location.  On October 24, the 
Supreme Court began hearing the emergency case filed by 
Kantipur FM asking the government to return seized equipment 
and allow the station to continue simultaneous broadcasting 
to Kathmandu and other areas in Nepal.  There has been a 
public outcry against HMGN's action.   End Summary. 
 
Ministry of Information Visits FM Station for "Inspection" 
--------------------------------------------- -------------- 
 
3. (C) Kantipur FM station manager Prabhat Rimal told Emboff 
that at 1510 local time on October 21, five people from the 
Ministry of Information and Communications came to his 
station to "inspect" equipment; one was a Ministry section 
head, two were engineers, and two were security forces in 
civilian dress.  They carried a signed letter from the 
Ministry asking the radio station to allow them "to inspect 
facilities" as part of the Ministry's normal duties.  While 
the station manager had no recollection of anyone from the 
Ministry conducting such an inspection in the past, he 
allowed them in, showed them around, and served them tea. 
The team told him they had instructions to de-link equipment 
that allowed Kantipur to broadcast simultaneously with other 
stations around the country, as the King's October 9 media 
ordinance (ref a) banned such linked broadcasting.  The 
station manager showed the team the Kantipur license 
documents and paperwork with the government's approval for 
simultaneous broadcasting.  The manager told Emboff that the 
station had submitted renewal documents to the government in 
June, the end of the Nepali fiscal year, and that the 
government usually granted renewal in the fall.  However, the 
station had yet to receive renewal approval or denial for 
this year.  The station manager thought he had convinced the 
team not to seize equipment and the team and armed police van 
waiting outside left the station at 2030. 
 
Police Return at Midnight, Seizing FM Equipment At Gunpoint 
--------------------------------------------- -------------- 
 
4. (C) At 2315 local time on October 21, three dozen police 
and a team from the Ministry of Information and Communication 
returned to Kantipur FM radio station and held staff at 
gunpoint as they seized encoder, satellite modem, and digital 
audio recording equipment used for simultaneous broadcasts. 
According to Rimal, the government had given approval for all 
the equipment to be imported and Kantipur FM had used the 
equipment to broadcast to the eastern region simultaneously 
for five years.  He noted that security forces failed to 
provide any written documentation on what they were doing or 
why. 
 
Strong Reaction Against Raid 
---------------------------- 
 
5. (U) On October 22, as news of the raid spread, local 
political leaders, lawyers, human rights activists and 
officials from the UN Office of High Commissioner for Human 
Rights gathered at the radio station to denounce the 
government's repressive actions.  CPN-UML General Secretary 
MK Nepal told the press that the government's action was the 
result of its "madness."  Krishna Sitaula (NC) said that the 
act was an attack on the foundation of multiparty democracy. 
On October 23, private FM stations symbolically protested the 
midnight act by going off the air for two minutes. 
 
Kantipur Seeks Relief in Supreme Court 
-------------------------------------- 
 
6. (U) On October 23, Kantipur filed a petition at the 
Supreme Court demanding nullification of the government's 
uplinking restrictions, and asking that the government return 
the seized equipment.  While refusing to issue an immediate 
stay order on October 24, the Supreme Court announced it will 
hear the case on October 30.  Separately, the Supreme Court 
will hear on November 29 Radio FM Private Limited's petition 
(ref b) to allow stations to broadcast news.  (Note: FM radio 
stations resumed broadcasting news following the Court's 
August 10 stay order in this case.  End note.) 
 
Government Threatens other Radio Stations 
----------------------------------------- 
 
7. (U) On October 24, the Kathmandu Post reported that the 
Ministry of Information had threatened FM stations with 
"tough action" if they did not immediately comply with the 
new media ordinance.  The October 24 government newspaper, 
The Rising Nepal, led with an article stating that Kantipur 
FM deserved the government's action for flouting the new law. 
 It quoted "political leaders and activists" who supported 
the move for more "responsible and accountable" media. 
 
Comment 
------- 
 
8. (C) The government's media ordinance is inconsistent with 
the Supreme Court's stay order to allow radio FM to continue 
to broadcast news, as is the seizure of equipment, preventing 
the broadcast of news and information to the eastern region 
of Nepal.  The Supreme Court will have to decide in the 
coming weeks whether it will stand up in the face of the 
government's apparent determination to muzzle Nepal's radio 
stations. 
 
Action Request 
-------------- 
 
9.  (U) Post requests that the department issue a statement 
condemning His Majesty's Government of Nepal actions against 
media freedom. 
 
Begin suggested text. 
 
The United States is shocked and disappointed at the seizing 
of radio equipment from Kantipur FM at gunpoint by state 
authorities.  A free media is one of the hallmarks of a 
democratic nation, and His Majesty's Government of Nepal's 
recent call for national elections rings hollow if other 
democratic institutions are systematically dismantled.  We 
call on the King to respect civil liberties and reach out to 
the political parties to find a common path back to 
democracy. 
 
End suggested text. 
MORIARTY