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NEPAL: Another attack to silence free media; Police raid on the Sagarmatha FM station

December 7, 2005

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ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal

7 December 2005
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UA-230-2005: NEPAL: Another attack to silence free media; Police raid on the Sagarmatha FM station

NEPAL: Freedom of media; Censorship; Rule of law
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Dear friends,

The Asian Human Rights Commission (AHRC) is deeply concerned by another police raid on the free media in Nepal. According to the information received from INSEC, the human rights organisation in Nepal, armed policemen together with an engineer from the Ministry of Information and Communications raided the Sagarmatha FM station on 27 November 2005 and seized a receiver set-equipment used to relay the news of BBC Nepali service. At that time, Sagarmatha FM was relaying the BBC Nepali news service but it was discontinued soon after. They also arrested four journalists and one technician without an arrest warrant during the raid. All of them were reportedly released by the next day. However, no reason for their arrest has been given.  

Two letters were left at the Sagarmatha FM station after the police raid. One letter accused the Sagarmatha FM station of airing a "programme that encouraged terrorist and terrorism" and ordered it to stop airing any programme until further notice, while the other ordered the confiscation of the Sagarmath FM's broadcasting equipment due to their failure to comply the previous order. Neither of these two letters had been received by the Sagarmatha FM administration officials before the police's raid on November 27.

This is not the first incident of police raid on the independent broadcasting media. Just one month earlier, the Kantipur FM station was raided by armed policemen and its broadcasting equipment was confiscated (see further: UA-188-2005). Moreover, the Government of Nepal has already taken strong steps to completely control the media in the country by issuing a draconian "press ordinance" in October.

Free media and freedom of expression are in danger in Nepal.  The AHRC therefore strongly urges you to intervene in this matter immediately. Please send a letter to the United Nations High Commissioner for Human Rights office in Nepal urging that a prompt and independent investigation be conducted into this case. Please also request them to take action to re-establish the relay transmission of the BBC Nepali Service and pressurise the Government of Nepal to retract the "press ordinance" without delay and ensure the freedom of media.

Urgent Appeals Programme
Asian Human Rights Commission
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DETAILED INFORMATION:

Victims: Sagarmatha FM and its audiences
Date of the incident: At about 9:00pm on 27 November 2005
Alleged perpetrators: About 35-40 armed policemen and one engineer officer named Gaurab Giri from the Ministry of Information and Communications
Place of the incident: Sagarmatha FM station in Pulchowk, Lalitpur District, Nepal

At about 9:00pm on 27 November 2005, a group of 35-40 armed policemen stormed into the control room of the Sagarmatha FM station and seized a BBC receiver set-equipment used to relay the news of the BBC Nepali service without giving any reason for the raid. The receiver had been provided by the BBC to Sagarmatha FM to relay BBC Nepali service. They also arrested five FM station staff, including journalists and a technician, who were present at the time. No arrest warrant was presented. Those arrested were identified as four reporters, Dipak Babu Aryal, Punya Bhandari, Dipak Raj Pandey and Durga Karki, and a technician Rajendra Rijal. The police's action was quick with the Sagarmatha FM station being closed forcefully by 9:15pm. Sagarmatha FM is the first community FM station of South Asia. 

While taking away the broadcasting equipment, the policemen left two letters at the Sagarmatha FM station. They were printed on the letter head of the Ministry of Information and Communications and signed by Rajib Prasad Gupta Rauniyar, the senior Technical Officer. But no receipt was made. One letter with dispatch number 544 dated 27 November 2005 ordered the Sagarmatha FM station to stop airing any programme until further notice. The letter stated that the decision was taken under Sections 8 and 9 of the National Broadcasting Directives 2052 as the "Sagarmatha FM was found airing a programme that encouraged terrorist and terrorism". The letter said that this was against the provision of Section 15 of the National Broadcasting Act 2049 and permit license. The other letter, which was issued on the same date with dispatch number 545, ordered the Sagarmatha FM station to hand over its broadcasting equipment to Engineer Gaurab Giri of the Ministry of Information and Communications as the station was still found airing a programme against the Ministry's order to stop broadcasting any programme. However, neither of these two letters were received by the Sagarmatha FM administration officials before the police's raid on November 27.

It is reported that the Sagarmatha FM station was relaying the BBC Nepali news service during the time of the police raid. Interviews with a Maoist Supremo Prachanda and a former Chief-of-Army Staff Sachhit Sumsher JBR were scheduled to be broadcast at that time. However, according to the FM station staff, the news transmission was discontinued and music tune was aired as soon as the interview of Prachanda began. Prachanda's interview was about the issue of the recent understanding between the seven political parties and the Maoists to bring a peaceful solution to the crisis in the country. This understanding was widely recognised and appreciated by people in Nepal as well as the international community.

Out of the five arrested staff, Durga Karki was released the same night at around 11:00pm, while the others were released only at 12:15pm the next day (November 28). No reason has been given for their arrest.

The AHRC is gravely concerned by the recent series of the police raids on the independent media. On 21 October 2005, without any prior notice, armed policemen raided the Kantipur FM station, cut all the office telephone lines and took away eight sets of equipment used for up-linking the Kantipur FM's Kathmandu station with the Bhedetar station in Dhankuta District, Nepal (see further: UA-188-2005). This is a clear attempt by the Government of Nepal to completely control the free media in the country and speaks to the growing repression and violations of fundamental rights in Nepal that the government is so keen to hide from global view.

ADDITIONAL COMMENTS:

The raid on Sagarmatha FM is yet another incident connected to the constant attempts by the Government to restrict the freedom of media. The AHRC has already warned on several occasions that free media and freedom of expression are in danger in Nepal (see further: AS-13-2005 and AS-19-2005). The Government of Nepal instructs guidelines for stronger censorship and has pressurised members of the media to falsify news in favour of the government. Furthermore, the order dated February 3 from the Ministry of Information and Communication enforced that all media reports opposing the takeover by the King have been banned. In addition, on October 9, the Government issued a draconian "press ordinance", which resulted in the amendment of six laws relating to the media, namely Radio Act 2014 BS, National News Agency Act 2019 BS, Press and Publication Act 2048 BS, Press Council Act 2048 BS and National Broadcasting Act 2049 BS, in the way of enhancing censorship and curbing media.

SUGGESTED ACTION:

Please send a letter to Ian Martin, Chief of Mission, Office of the United Nations High Commissioner for Human Rights - Nepal Office, urging him to intervene into this matter and ensure freedom of media in Nepal.

Sample letter:

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Dear Mr. Martin,

NEPAL: Another attack to silence free media; Police raid at Sagarmatha FM station

Victims: Sagarmatha FM station and its audiences
Date of the incident: At about 9:00pm on 27 November 2005
Alleged perpetrators: About 35-40 armed policemen and one engineer officer named Gaurab Giri from the Ministry of Information and Communications
Place of the incident: Sagarmatha FM in Pulchowk, Lalitpur District, Nepal

I am deeply concerned by another police raid on the free media in Nepal. According to the information I have received, the Sagarmatha FM station was raided by a group of armed policemen on 27 November 2005. At that time, Sagarmatha FM was relaying the BBC Nepali news service. However, the policemen discontinued it immediately and seized a receiver set-equipment used to relay the news of the BBC Nepali service. I was also informed that five staff of the Sagarmatha FM station were arrested without be given an arrest warrant or reason for their arrest during the raid. Even though all of them were released by the next day, it is a concern that the security forces arbitrarily arrest people at any time in their favour.   

I was also shocked to learn the reason for the raid on the FM station given by the Ministry of Information and Communications. In its two letters left at the FM station, the Ministry accused the Sagarmatha FM station of airing a "programme that encouraged terrorist and terrorism" and justified its confiscation of the Sagarmath FM's broadcasting equipment based on a draconian "press ordinance" issued in October to enhance censorship and curb media. However, these two letters are quite questionable because they were issued on the very date of the raid (November 27) and in fact, neither of them were received by the Sagarmatha FM administration officials before the police's raid.

I would like to draw your attention to the fact that this is not the first police raid on the independent broadcasting media in Nepal. Just one month earlier, the Kantipur FM station was raided by armed policemen and its broadcasting equipments was taken away. I believe that this incident is a clear attempt by the Government of Nepal to completely control the free media in the country. It also speaks to the growing repression and violations of fundamental rights in Nepal that the government is so keen to hide from global view.

I therefore request you to urgently intervene in this matter. I ask your office to conduct a prompt and independent investigation into this case and take appropriate action to re-establish the relay transmission of the BBC Nepali Service at the Kantipur FM station. I further urge you to pressurise the Government of Nepal to retract the "press ordinance" without delay and ensure the freedom of media.

Yours sincerely,


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PLEASE SEND A LETTER TO:

Mr. Ian Martin
Chief of Mission
Office of the United Nations High Commissioner for Human Rights- Nepal Office
UN House, Pulchowk
Kathmandu
NEPAL
Tel: (977) 1 5524 366 or 5523 200
Fax: (977) 1 5523 991 or 5523 986
Email: hrinfounit@undp.org

PLEASE SEND COPIES TO:

1. His Majesty King Gyanendra
Narayanhity Royal Palace
Durbar Marg
Kathmandu
NEPAL
Tel: (977) 14 413577/227577
Fax: (977) 14 227395/ 411955

2. General B.A. Kumar Sharma
Royal Nepal Army Human Rights Cell
Human Rights Cell
Singha Durbar
Kathmandu
NEPAL
Telefax: + 977 14 245 020/226 292

3. Mr. Pawan Kumar Oja
Attorney General
Office of the Attorney General
Ramshahpath, Kathmandu
NEPAL
Tel: +977 14 262548 (direct line)/262394 (through Personal Assistant)
Fax: +977 14 262582
Email: fpattorney@most.gov.np

4. Mr. Nain Bahadur Khatri
Chairman of the National Human Rights Commission
Pulchowck, Lalitpur
NEPAL
Tel: +977 1 5 547 974 or 525 659 or 547 975
Fax: +9771 5 547 973
Email: nhrc@ntc.net.np

5. Mr. Ambeyi Ligabo
Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression
c/o Office of the High Commissioner for Human Rights
United Nations Office at Geneva
8-14 Avenue de la Paix
1211 Geneva 10
Switzerland
Tel: +41 22 917 9177
Fax: +41 22 917 9003 (general)
Email: jderiviero@ohchr.org 


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission

Document Type :
Urgent Appeal Case
Document ID :
UA-230-2005
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.