Paper presented at a National Workshop on Building Solidarity Network of Conflict Victim Journalists

Presented by

Bhagirath Yogi
General Secretary
International Press Institute-Nepal chapter

Introduction

Last Friday (on May 6), addressing a press meet organised at the Royal Nepalese Army headquarters, an RNA spokesman showed video clips of an incident on Nov. 16 last year when rebels had abducted four soldiers along Prithvi highway in Dhading district.

The Army blamed a reporter with the private sector Nepal 1 Television of being an accomplice with the terrorists.

Phanindra Silwal, a correspondent with the NTV, who had earned acclaims as well as criticism for coming up with the exclusive footage, said he is facing harassment and intimidation from the authorities since then.

Silwal said he has also been threatened by the Maoists after he reported about brutal murder of a UML cadre by them in the district in early December last year.

Silwal's story brings to light the threats and challenges Nepali journalists are facing at the moment. It also shows how the press freedom situation has deteriorated in the country as the war intensifies.

Situation of Press Freedom in the country

Nepali media continue to face assaults from both the government and Maoist rebels with unprecedented restrictions imposed upon the media since the royal move of February 1.

According to a Kathmandu-based press freedom watchdog, nearly two dozen Nepali journalists were killed over the last six years of conflict and dozens of journalists faced threats, intimidation, physical harassment and were even forced to displace from their workstations. (Cehurdes, 2005)

After the imposition of the state of emergency on Feb. 1, editor of Dharan Today, a newspaper published from eastern town of Dharan, Khagendra Shrestha, was shot at by a group of unidentified assailants. He later succumbed to injuries while undergoing treatment at a private hospital in Siliguri, India.

According to CEHURDES, a total of 28 journalists reported that they were interrogated by security forces and government authorities over the last year (mid-April 2004 until mid-April 2005). Four received death threats. At least 55 journalists were arrested and were subjected to harassment while in detention. Most of the journalists who were given three months detention warrants under public security act were released at the initiation of Federation of Nepalese Journalists (FNJ) and human rights groups. According to latest reports, there were still five journalists detained across the country. Two of them were taken into custody after the declaration of the state of emergency while the rest were detained prior to that.

There have been over one dozen incidences of seizure of publications and at least six reported cases of snatching of the equipment of journalists by the insurgents as well as security personnel. Three journalists were severely beaten up while covering the political protests. A reporter with the Himal Khabarpatrika (J.B. Pun Magar) was abducted during this period by vigilantes and was later released.

Editor of pro-left Budhabar weekly, Surya Thapa, was summoned by the District Administration Office, Kathmandu, seven times to furnish explanation regarding a news item published in his newspaper. This is but an example of how authorities have been harassing private and independent media after the royal takeover.

During the state of emergency, local authorities forcibly closed over three dozens newspapers. Most of them were allowed to resume their publications after sometime on condition that they would not violate government's orders. The cases of closure of newspapers were the highest in Mechi zone while journalists in mid-western region were mostly harassed by both the security forces and Maoists.

The FM radio stations operated by the communities and private sector were hit hard by the government's decision after February 1. The government banned broadcast of news and news-related programs over FMs for the next six months. As a result over 1,000 journalists working in 47 FM stations all over the country have been reportedly laid off though the exact numbers are yet to be ascertained.

Even prior to the state of emergency, the situation of press freedom was far from satisfactory. Five persons affiliated to different media were killed (2 by Maoists, 2 by unidentified group and 1 by the state) between Mid-April 2004 and February 1, 2005. 35 journalists were harassed and attacked. 7 cases of abduction were reported, while 26 journalists were threatened with their life. Security forces arrested four journalists while whereabouts of two media personnel remain unknown.

Both security forces as well as Maoists confiscated equipment of Harihar Singh Rathore in the conflict-hit Dailekh district on separate occasions while security forces sized equipment of Amar Sunar in the same district on different occasion.

Meanwhile, Maoist atrocities towards press have been increasing day by day. They killed the Dailekh correspondent of Radio Nepal, Dekendra Raj Thapa, brutally. They neither informed nor announced the murder of Dhan Bahadur Rokka for months. This shows that Maoists are becoming more intolerant towards the press and journalists. The series that started with the murder of Nawaraj Sharma of Karnali Aawaj in Kalikot district has not ended despite public commitments made by Maoist leader Prachanda and Krishna Bahadur Mahara.

How the conflict has affected media personnel

Journalists are considered as human rights defenders worldwide. Press is considered as the first line of defenders of human rights. Freedom of press, equality and diversity are essential conditions of democracy. Freedom here refers to the situation where media can express its views without fear or intimidation. (Pyakurel, Aryal, p. 159)

However, the Human Rights Year book 2005 published by INSEC reports that the year 2004 remained challenging for all the human rights defenders including professionals and intellectuals who support democracy and human rights in the Nepali society. Journalists, lawyers or human rights activists were subject to physical and mental attack due to the intention of both the warring parties that their mistakes or crime committed by them should not become public. (Gautam, p. 6)

The Year Book chronicles an event when Maoists abducted Arjun Bahadur Thapa for ten days simply because he had authored a book entitled `Communist Andolanko Ek Jhalak' (A glimpse of the communist movement) referring to the atrocities committed by the Maoists in Cambodia. The Maoists not only intimidated Thapa they also threatened his family members, relatives and well-wishers, the Year Book says.

But international experiences show that suppressing information doesn't help anyone. In fact, press freedom and freedom of expression help identify and make public several ills and malpractices in the society thereby helping towards the peaceful resolution of the conflict.

In his message on the occasion of the World Press Freedom Day (May 3) this year, Secretary General of the United Nations Kofi Annan said censorship, the suppression of information, intimidation and interference are a denial of democracy, an obstacle to development, and a threat to the security of all. He reminded governments around the world especially that the right to 'seek, receive and impart information and ideas through any media' is enshrined in article 19 of the Universal Declaration of Human Rights (UDHR). Press freedom would continue to play a central role in enlarging freedom for all and sought commitment on behalf of all to secure this right. (TRN, May 3, 05)

During her recent visit to Kathmandu (May9-11,2005), US Assistant Secretary of State for South Asia, Ms Christina Rocca said, "Access to information is critical when democratic institutions and civil liberties are threatened. Access to information is critical particularly in times of uncertainty, of strife, of possible threat to democratic institutions and civil liberties, she added. (TKP, May 11, 05)

On the basis of field level studies of five districts (Kailali, Rolpa, Baglung, Dolakha and Sankhuwasabha) in 2003, NGO Federation of Nepal reported that journalists in general and local reporters in particular had to work under difficult circumstances in the study districts. Both sides in the conflict wanted journalists to favour them in their writing/reports. The study narrates the tale of Ganga Bista, a stinger/reporter working for the state-run Nepal Television who was once invited by the Maoists to report on their programmes. He had recorded footage of the event, which he kept with him. Later, local administration arrested and charged him of being a Maoist. The video he had shot was used as `evidence' of his association. (Karki, Bhattarai p. 128)

The study goes on to report that many other journalists had to endure ill treatment and torture by the security forces. Over one-hundred journalists were detained and questioned during the state of emergency (Nov '01-Aug. 02), and many were victimized because they had written about the Maoists or had singled out government excesses. The government shut down the pro-Maoist papers and arrested those those worked there immediately after the imposition of the state of emergency. The Maoists also threatened and attacked, and even killed journalists. (Karki, Bhattarai p. 129)

Reporting what one sees on the ground in the line of duty or reporting truth has become a dangerous business in Nepal. Journalists have started practicing self-censorship whether there is the state of emergency or not. As the state is turning intolerant and mobilizing its resources to punish the media or media personnel that do not fall in its line, simply discharging one's duty by upholding maximum professional/ethical standards have become quite challenging, if not impossible.

In such a background, the important question is how do we move forward from here. Continued vigilance is the price to be paid for freedom. Since right to information and press and publication right has been enshrined in the constitution of our country, media personnel must be vigilant, maintain solidarity and fight for their rights whatever the circumstances be. At the same time networking at the district, national and international level will be crucial to protect rights of media personnel in general and that of conflict victim journalists in particular.

Networking strategy

According to Cehurdes, over 30 journalists have been displaced from their workstations over the last two years due to threats to their lives and families (See: Table 1) There have been some attempts to help out and rehabilitate victim journalists or support families of journalists killed by the state or the rebels from the media organiations they are affiliated, organisations like the Federation of Nepalese Journalists (FNJ) and some international groups. But it must be said that such assistance are grossly inadequate, one off in nature and there lacks a coordinated strategy to support victim journalists in an institutional way.

Building solidarity network of journalists has become essential as incidences of targeting journalists are on the rise. Such a network could be crucial in making national and international community aware about the plight of victim journalists at the first place and would also help in mobilizing assistance for them. Networking may be done at various levels as follows:

1. Local Level

Building solidarity networking should start right from the district level. Local branches of FNJ should coordinate with local human rights group, professionals, lawyers etc. to advocate the cause of victim journalists. Local correspondents can/should also report about the problems being faced by local journalists while reporting/writing as part of their duty.

2. Regional and National Level

It would be better if regional level networking could be done to protect the rights of journalists. Regional Media Resource Centers set up by Nepal Press Institute (NPI) at Nepalgunj, Butwal and Biratnagar could be ideal forum to coordinate such activities. But there must be clarity in purpose and better coordination.

At the national level, organisations like FNJ, NPI, MSI, SAFMA Nepal chapter and IPI Nepal Chapter can and should play a critical role in identifying threats to journalists and extending and mobilizing support to the victim journalists.

3. International Level

At the international level, contact needs to be strengthened with rights groups like International Federation of Journalists (IFJ), Committee to Protect Journalists (CPJ), Reporters without Borders (RSF) and International Press Institute (IPI), to name a few.
Organisations like FNJ and CEHURDES could play a critical role in highlighting challenges being faced by Nepali media community and mobilising international solidarity and support.

Addressing specific needs of victim journalists

The specific needs of victim journalists needs to be addressed considering the context and situation in which they have been victimized.

a) Those who have been killed:

Killing a journalist just for carrying out his/her duty is one of the most heinous crimes. The families of journalists who have been killed require support from the government, media organisations they were affiliated and national and international media groups.

FNJ, some private media organisations and international organisations like Rory Peck Trust have been supporting families of some of the journalists who have been killed during the on-going conflict in Nepal. There is a need to institutionalize such support while at the same time advocating for the safety and security of working journalists wherever they are.

b) Those who have been displaced:

According to CEHURDES, at least 30 journalists have been displaced from their work stations due to threats to themselves and their families (See:Table 1). The actual number of displaced journalists could be much higher.

Organisations like Kamana Publications and state-run Nepal Television have helped in the rehabilitation of journalists affiliated with them which needs to be commended. There is a need to run transit homes for journalists and provide them support to find a new job, if necessary, help them acquire new skills and extend support to their families and kids in an institutional way.

c) Those who are still behind bars:

At least five journalists are still behind bars. There is a need to highlight their cases, extend them legal support and extend financial support to their families and kids. They must not feel that the larger media community has forgotten them simply because they have been put behind bars. They are the examples of threats and challenges being faced by the media fraternity and needs to be supported in whatever way possible.

d) Those who have been rendered jobless:

It has arisen as the biggest and immediate challenge especially after the imposition of the state of emergency. FNJ has estimated that around 1,000 journalists have lost their jobs due to restrictions on FM stations from broadcasting news and current affairs programmes and closing down of newspapers especially outside Kathmandu.

It will need a huge undertaking to rehabilitate and find alternative employment for all these journalists. While legal and other means should be explored to press the government to repeal its prohibitive order, temporary arrangements like awarding fellowships could help the victim journalists in times of their need. Organisations like Centre for Investigative Journalists, NPI, MSI and of course, FNJ, need to take a lead and coordinate their response.

e) Those who have been injured/are facing Threats/Intimidation:

Journalists who have been injured due to torture or physical attacks need medical treatment and psycho-social counseling. It would be better if a fund is set up to help treat journalists who receive injuries in the line of their duty.

The phenomenon is one of the most common form of harassment against media personnel. There is a need to pressurize the government to respond to all forms of threats to journalists and in case, the threat has arisen from the state itself, support and express solidarity with the media institution/journalists concerned fro their safety and security.

f) Those who have been abducted:

Journalists, especially those who work in the conflict zone, need to be provided with training for their personal safety and security. There have been incidences of abduction and killing of journalists by the Maoists. The rebels need to be told in united voice that such practices can't be accepted.

Past experiences show that an FNJ mission was able to negotiate release of journalist Durga Thapa abducted by the rebels in Surkhet last year. Similar rapid response could have saved life of Dekendra Thapa as well.

g) Those who have been tortured:

A number of cases have been reported when journalists have been tortured by both the state, rebels as well as vigilante groups. Torture is crime against humanity and should be denounced outright. Journalists who have become victims of torture need medical and psycho-social counseling. There is a need to develop better coordination with expert organisations like Centre for Victims of Torture (CVICT) to avail such services. There is also need to provide legal support to journalists to claim compensation from state as per the Compensation Against Torture Act.

h) Legal support:

Nepal Bar Association, Legal Desk of CEHURDES and Press Freedom Grand Jury have been providing free legal support to journalists who have been detained by the state during the state of emergency. There is a need to pull in more resources and provide such support in an institutional way.

As the conflict intensifies and the state remains biased towards independent media, each and every working journalist faces threat of victimization in one way or the other. Solidarity and unity are the only means available to deal with such a situation.

Conclusion and Recommendations

In an agreement entered between the UN Office of the High Commission for Human Rights (OHCHR) and Nepal government in Geneva last month, the UN Commission on Human Rights has called upon the Nepal government to "reinstate immediately all civil and political rights, to cease state of emergency-related and other arbitrary arrests, to lift the far-reaching censorship, to restore freedom of opinion, expression and the press as well as the freedom of association…." Among others.

As Nepal has already endorsed this agreement, we must remind the government of its obligations as per its own commitments.

Similarly, the draft Human Rights Accord prepared by the National Human Rights Commission (NHRC) last year calls upon both the HMG/Nepal and CPN (Maoist) to respect and protect everyone's right to freedom of opinion, expression, association and to assemble peacefully. The Accord also calls upon both the parties to immediately stop and prevent from occurring incidences like killings, death threats, disappearances, abductions and other human rights violations or abuses committed against journalists, human rights defenders, teachers, and members of political parties, among others.

Media community should remind both the parties in the Nepal conflict of their obligations under the national and international law and should continue to lobby with both the parties to sign on the Human Rights Accord. Now that a high-level UN human rights monitoring team is already in the country, press should report and monitor widely the incidences of human rights violation and abuses from both sides including threats to journalists and human rights defenders.

Free press is our right, not charity. But we will need to continuously work towards protecting and promoting our freedom. Hundreds of journalists victimized by the brutal nine-year-old violence need recognition, support and solidarity from the media community as well as the civil society and international community at large. It's a huge task but let's all work together towards supporting our colleagues and friends who are in real need of humanitarian and professional support.

In this backdrop, following recommendations are made for further discussion and debate:

1. A separate national network be set up involving media groups, rights organisations and Nepal Bar Association to advocate the cause of victim journalists and mobilise support for them and their families.
2. A revolving fund (Akshyay Kosh) may be set up to support the victim journalists by mobilizing resources from within the country and abroad.
3. Continued advocacy for democracy and human rights is crucial since without democracy there can't be press freedom.
4. Advocacy for the rights of journalists especially that of conflict victim journalists is crucial to create awareness and an enabling environment to help them.

Annex

Table 1: Situation of Press Freedom over the last 8 years

The cases of publication closure has been included from the Nepal Report 2005 where 'P' represents those remaining closed till the end of the year while 'T' represents those resuming publication after certain period of closure.
Source: Nepal Reports, CEHURDES

Bibliography

1. Gautam, Krishna (Ed.) 2005, Nepal Human Rights Year Book 2005, Informal Sector Service Centre, Kathmandu.
2. Karki, Arjun; Bhattarai, Binod (Ed.) 2003, Whose War? Economic and Socio-Cultural Impacts of Nepal's Maoist-Government Conflict, NGO Federation of Nepal, Kathmandu.
3. Nepal Report 2005, An unpublished annual report prepared by the Centre for Human Rights and Democratic Studies (CEHURDES), Kathmandu.
4. Pyakurel, Sushil; Aryal, Kundan, 2002, Manav Adhikar ra Press (Human Rights and Press), NPI/INSEC, Kathmandu.

Newspapers consulted

The Rising Nepal (TRN)
The Kathmandu Post (TKP)