The Prime Minister of Nepal, Mr. Sher Bahadur Deuba, today gave a commitment to an IPI Press Freedom Delegation that “the Government of Nepal has no intention to re-impose a nationwide State of Emergency”. This puts to rest speculations that the Government was about to take this measure in response to the recent spate of terrorist activities by Maoist insurgents.

In a meeting at his office, Mr. Deuba assured the six-member Delegation of the International Press Institute (IPI) from Austria, Japan, Korea, Norway, Switzerland and Turkey that he would personally look into the cases of missing journalists. Since the imposition of the State of Emergency on 26 November 2001, over 130 journalists have been arrested, at least 20 of whom are still missing. The State of Emergency lapsed at the end of August and there have been widespread fears that it would be re-imposed, despite the forthcoming elections on 13 November 2002.

The Delegation also held meetings with the Chief Justice, the Chairman of the National Human Rights Commission, the Minister of Information and Communication, leading representatives of political parties, the Federation of Nepalese Journalists, the Press Council, and other civil society institutions.

It learnt that during the State of Emergency a number of human rights violations had been committed by the Maoists as well as by Security Forces. Almost 6,000 persons have been killed in the six-year-old conflict, and over 600 persons are still reported missing.

Among those detained by the Security Forces, some have been under arrest without proper charges beyond the legally permitted period of six months. The IPI Nepal Committee, the Federation of Nepalese Journalists (FNJ) and the Nepalese Bar Association will file petitions under the Habeas Corpus Act for journalists still in prison, and for those whose whereabouts are not known. They will also propose the repeal of the Crime Against the State Act of 1989, which is inconsistent with the provisions of the 1990 Constitution, but is still used by the local administration for arresting media workers.

The IPI Delegation also proposed the formation of a Press Freedom Grand Jury, comprised of journalists’ organisations. This will establish claims for compensation to journalists who have been unlawfully held or severely mistreated.

At the meeting with the IPI Delegation, the Minister of Information and Communication Mr. J.P. Gupta agreed to:
– cooperate in the setting up of adequate systems which would improve the communication between public authorities and the media;
– accept an offer from the IPI to assist in developing improved training institutions for media personnel; and
– develop state-owned media into true public service institutions.

The visit of the IPI Delegation also served the purpose of expressing solidarity with the Nepalese media, which are working under difficult circumstances, and to encourage them to be more forthright in asserting their legal rights.

The International Press Institute (IPI) is a global network of editors, media executives and leading journalists from newspapers, magazines, broadcasting organisations and news agencies in over 115 countries.

Members of the IPI Press Freedom Delegation:
Johann P. FRITZ, IPI Director (Austria)
So-Whan HYON (Korea)
Bernard IMHASLY (Switzerland)
Hisao KOMATSUBARA (Japan)
Nils OY (Norway)
Ferai TINC (Turkey)

17 November 2002

A meeting of nearly a dozen organizations on 17 November 2002 has decided to form a “Press Freedom Grand Jury (Nepal), with a view to protect and promote press freedom and freedom of expression in the country and seek legal redress for the journalists victimized during the nine-month long state of emergency.

Chairman of International Press Institute Nepal chapter and chief editor of Nepal Samacharpatra daily, Pushkar Lal Shrestha, has been appointed as convener of the jury. Other members of the 13-member jury include Taranath Dahal (President, Federation of Nepalese Journalists), Gokul Pokhrel (Chairman, Nepal Press Institute), Subodh Raj Pyakurel (General Secretary, INSEC), Tikaram Bhattarai (Secretary, Nepal Bar Association), Mrs Sapana Mall Pradhan (Forum for Women, Law and Development), Mrs Bandana Rana (Sancharika Samuha Nepal), Mrs. Babita Basnet (IPI Nepal chapter), Padma Singh Karki (Editors Guild Nepal), Sriram Singh Basnet (Director, Media Point), Durganath Sharma (Advisor, IPI Nepal chapter) and Shyam Shrestha (editor, Mulyankan monthly).

Bhagirath Yogi of Center for Human Rights and Democratic Studies (CEHURDES) will work as Secretary to the Jury. The Legal Aid Cell of the Jury, to be coordinated by advocate Tikaram Bhattarai, has also decided to convene a meeting with victim journalists on Thursday, November 21.

(Source: Center for Human Rights and Democratic Studies (CEHURDES), [email protected])