Obstacles Over Press Freedom and Freedom of Expression

The journalists are facing obstacles this year like in previous ones. Due to worse security condition of the country, journalists were trapped among authorities, security forces and CPN (Maoist) rebels. The Government suspended fundamental freedom of the citizen and journalists and rights activists lost their rights to carry out impartial news reports from the field. Journalists even faced more problems after the declaration of state of emergency. Journalists faced more harassment, misbehaviour and torture after the arrest during the emergency period. More than 100 journalists were arrested during the “state of emergency” and more than two dozen journalists still remain in detention and kept without access to their families and lawyers including rights activists.

During this period, the CPN (Maoists) also attacked more journalists and media sector compared to previous years. They have detained and abducted journalists, censored newspapers and attacked media related vehicles and offices also. They also asked for their permission for entering in their strongholds and restricted from carrying out independent news reports and guarded/escorted reporters during the whole trip.

Killings

It is fortunate that there are rare cases recorded about killings of journalists and rights activists. But an unfortunate case was recorded in the Nepalese history with the killing of rights activist Muktinath Adhikari by theCPN (Maoists) rebels. On the other hand, the Distrct Court has sent the alleged perpetrator on charge of killing journalist Shambhu Prasad Patel in early 2000.

Although citizens got obstructed to use constitutionally guaranteed freedom of expression, no case of killing to jurnos directly related to active media jobs could be recorded during the year. But more than 3000 people got untimely death due to dual thrash of Government and Maoists.

The Maoist rebels have killed 28 teachers over the country, and 9 teachers only after emergency. Teachers have been targeted as they are the active tools of freedom of expression.

Rights Activist Killed

The Maoists rebels killed rights activist Mukti Nath Adhikari after abduction on 16 January 2002 while he was teaching at the Pandini Sanskrit Secondary School at Duradanda in Lamjung. A group of four Maoists tied his hands behind his back and took him about 200 meters from the school. Then, he was tied to a tree and shot in the head. He died on the spot. Adhikari was school head master and Convener of Amnesty International local group. On the same day, Headmaster of in chisapani Highschool kanle kHotang Mr. Harka Raj Rai was kidnapped and later shot dead by Maoist prebels.

Missing/Disappearance

The missing of journalists is considered as great challenge to values of free and fair news reporting. It creates serious threats to working journalists.

Milan Nepali, former managing editor of Janadesh weekly, said to be close to the underground CPN (Maoist) Party, remains missing for more than two years. He was arrested at about 2.00 pm from Sundhara, Kathmandu on 21 May 1999 by policemen and has been missing since then from police custody. According to Amnesty International, relatives went to Hanuman Dhoka police station in Kathmandu where an inspector told them that there was no record of his detention there. They also inquired at Police Headquarters in Naxal, Kathmandu, but police denied he was held there. Next day the relatives returned to Police Headquarters with a change of clothes for Milan Nepali and some medicine. A Deputy Superintendent accepted the clothes (but not the medicine) and later returned Milan Nepali’s old clothes to the family in the same bag the clean clothes had been brought in. Relatives returned to Police Headquarters every day for a week, but each time they were stopped at the main gate and prevented from entering the compound.

Amnesty International report further says, shortly after the “disappearance” of Milan Nepali, relatives filed a habeas corpus writ on his behalf in the Supreme Court at which the witnesses to his arrest appeared to give testimony. The authorities responded by denying his arrest. On 12 July 1999, the court dismissed the writ petition on the basis that not enough evidence had been presented by the petitioners to show that Milan Nepali had been arrested and detained by the authorities. Milan Nepali was one of seven people who “disappeared” after they were arrested in Kathmandu in February and May 1999. In July/August two daily local newspapers - Mahanagar and Janasata - reported that five of the seven people who had “disappeared” in Kathmandu in February and May 1999 had been seen at the premises of the Western Region Armed Police Force section in Pokhara, Kaski district. On 17 August 1999 the relatives filed a second habeas corpus writ in the Supreme Court. The judge subsequently issued an order to the Western Region Armed Police Forces Section in Pokhara to produce the detainees. But a letter sent by the court addressed to this place was reportedly returned stating there was no such police office present at the address.

The Federation of Nepalese Journalist (FNJ) and several human rights organizations have urged the government to make public his whereabouts but the authorities have not furnished any information to the public and his family in this regard. On 7 March 2001, the Home Ministry made public the names of nearly 300 persons currently under police custody or in prisons in connection with the Maoist related activities. Mr. Nepali’s name was not mentioned in the list. Rights activists suspect that Nepali may have been killed by the police while he was in detention. Officials, however, continue to keep mum saying that they never took him into custody. Nepali was also arrested two times previously under the Public Security Act in 1996 and 1997 on the charge of close connection with Maoists and spent 17 days and one month at Bhadragol detention center.

Arrest/Imprisonment

Any forms of detentions are condemnable whether carried out by the state authorities or security forces or rebels. The freedom of the media should be respected. Even in detention, journalists should be respected and should be allowed to enjoy basic freedom. The forms of torture should not be practiced and allowed to meet with their family members and lawyers. Right activists should also be allowed to visit them.

But the authorities and security personnel are creating obstacles and keep them in unknown places for many days. In several cases, the whereabouts of journalists remain unknown. The authorities should also undertake free and fair trial. The authorities and security forces claim that they have ensured freedom of press and their expression and have only targeted those who are involved with the terrorist activities.

Also, the non-state actor CPN (Maoist) should not control free movement of journalists in their strongholds and respect freedom of opinion and expression as well as the beliefs of the people. In principle, they respect but they have started to take in hostage journalists, which is totally against the freedom of opinion and expression.

Imprisoned Journalist: Authorities/Police

The police arrested Yubaraj Ghimire, editor of the country’s largest Nepali language daily “Kantipur”, Kailash Shirohiya, managing director and Binod Raj Gyawali, director of Kantipur Publications (P) Ltd. on 6 June 2001 on the charge of treason under Offence Against State Crime and Punishment Act, 1989. The treason law means a prison term of up to three years plus a fine of Rs. 3000.00 (approx US$40). The treason charges were based on publishing of an article written by Dr. Baburam Bhattarai, leader of the underground Communist Party of Nepal (CPN- Maoist) on “Kantipur” right after the royal massacre. The article stated that the massacre of King Birendra and nine other members of the royal family, on 1st June 2001, were a political conspiracy framed by the Indian intelligence agencies and called on Nepalese citizens to reject the newly crowned King Gyanendra as a “puppet of Indian expansionist forces.” The three journalists were released on 15 June, after appearing in Special Court, which rejected the government’s request that the journalists should be kept in jail during the trial. Ghimire was released on bail of Rs. 2,000 (approx. US$27), while Sirohiya and Gyawali were released without posting bail. They were requested to reappear in court on 16 July and finally, Minister for Information and Communication, Jaya Prakash Prasad Gupta, announced that the government had decided to withdraw charges of sedition against the three journalists on 17 August. The Special Court has upheld the government decision to withdraw the case on 27 September 2001.

On 10 November 2001, the police arrested street poet Bhim Prasad Dulal and filed the case of ‘treason’ charge under the Offence Against State Crime and Punishment Act, 1989 on 19 November in Kathmandu on the charge of spreading defamation against the King and Royal family. He was kept in preventive detention after his arrest from Sundhara, Kathmandu along with Ganesh Raj Bhetwal. Dulal was relased after 24 days in detention.

The police arrested Book seller Ganesh Prasad Acharya on the charge of selling books related to “Royal massacre” published by Uttsav Publication from Bidhya Books in Thamel, Kathmandu on 22 June 2001. After his arrest, Aryal was kept at Hanumandhoka police station, said Kantipur daily. Similarly, the police also arrested another four Book sellers from Samakhusi in same day.

The police arrested twenty-four journalists on 15 July 2001, in Dang district and released them the same day while they were travelling to Rolpa to cover news report about Maoist activities. The journalists intended to visit the field where the ultra-left Communist Party of Nepal (CPN-Maoist) abducted more than seventy policemen from Holeri police station in Rolpa in July 2001. The government had even mobilized military for the first time then to release abducted policemen in the five-year history of insurgency.

The police arrested Parbati Thapa, wife of managing editor of Janadisha daily Chandraman Shrestha along with his small daughter in Kathmandu. According to Sanghu weekly in 15 October 2001, the police did not allow to provide nutrition food and other daily belongings for childcare.

Imprisoned Journalists in “State of Emergency”: Authorities/Security Forces

On 26 November 2001, the plainclothes policemen also arrested editor Govinda Acharya, executive editor Khil Bahadur Bhandari, reporter Dipak Sapkota and computer operator Ram Bhakta Maharjan of “Janadesh Weekly” office; executive editor Iswar Chandra Gyawali and Mana Rishi Dhital of “Dishabodh Monthly”; and editor Om Sharma and computer operator Dipak Mainali of “Janadisha Daily” just hours before the declaration of state of emergency in the country. On 25 November, the police also arrested Nim Bahadur Budhathoki, a computer operator of “Dishabodh Monthly”. While arresting journalists, the police also raided the offices of Janadesh weekly, Janadisha daily and Dishabodh monthly and seized press materials and stationery from the publication houses. They were arrested on the suspicion of close connection with the underground Communist Party of Nepal (Maoist) and detained in unknown location. The journalists were held in solitary confinement for 26 days before being transferred to Bhadragol Prison in Kathmandu where their family members were finally able to visit them. There is no report about the official charges filed against them. On the case of habeas corpus filed by the families of the above journalists, the Supreme Court has issued show cause notice against the council of ministers and Home ministry in January this year. However, the security personnel transferred them to District Police Office at Hanumandhoka from Bhadra Bandi Griha (prison) on 9 April 2002. All of them were in the prison under preventive detention. It is reported that the Supreme Court is due to hear their case on 22 April. Unconfirmed reports also said that they were also taken to the Special Court before being transferred to the police custody. The court has yet to deliver its final verdict.

The police arrested Baikuntha Dahal, freelance journalist and lawyer, who is still in custody since 29 November 2001. He was arrested from Udayapur district (eastern Nepal).

On 2 December 2001, the authorities arrested Shankar Khanal, a correspondent of state-owned Radio Nepal and the Spacetime daily along with Ganga Bista, a correspondent of state-owned Nepal Television and local newspaper Chautari Times and Indra Giri, correspondent of Samacharpatra daily in Sankhuwasabha district. Giri was released after four days and Khanal was released only on 3 March 2002 spending three months in detention after the visit by the member of National Human Rights Commission (NHRC). However, Bista still remains in custody. During their interrogations Khanal and Bista were reportedly tortured.

Editor of local weekly Yugyan Sama Thapa was arrested by the security forces in Tikapur, Kailali on 6 December 2001. In the meantime, Assistant Managing Editor of the local weekly Nawacharcha and former editor-in-chief of Yugyan Chitra Chaudhari was also arrested in Tikapur, Kailali. After interrogation, Thapa was kept in army barrack and Chaudhari was detained in Regional Police Office building. Mr. Thapa, who stayed in custody for four months, released on April 6, 2002. So far the case of Mr. Chaudhari is concerned, he is still in detention. There is no report of any official charges being levelled against them. According to Mr. Thapa, he was not tortured and misbehaved during the custody.

The security forces arrested the editor of Swabhiman weekly Komalnath Baral and the assistant managing editor Janardan Biyogi on 21 and 27 Dec. 2001 respectively. The contributor Bishwa Prakash Lamichhane was arrested on Dec. 8,2001 in Pokhara, Kaski. Mr. Baral and Biyogi still remain in custody whereas Mr. Lamichhane has been released. It is reported that Mr. Baral and Biyogi are still being held by armed forces of the country.

Badri Prasad Sharma, editor of local Baglung weekly was arrested by the security forces in Baglung on 26 December 2001 and has been imprisoned in the custody from 31st Dec. 2001.

Editor Bishnu Khanal and executive editor Liladhar Gautam of Surkhet Post weekly were arrested by the security forces in mid-western district of Surkhet on Nov. 27 2001. Mr. Khanal and Mr. Gautam were given a warrant slip by the security forces on the accusation of offence under Peace and Security Act. on Dec. 9, 2001. According to the CDO Ram Krishna Bhurtel, the accused were shifted into prison from the District Police Office due to lack of place.

The security forces arrested Chhiring Sherpa, marketing manager, on 5 Dec., 2001 and reporter Hari Baral, on 3 Jan. 2002, of Bijayapur weekly published from Dharan. Mr. Chhiring was released on 20 December 2001. But Baral still remains in detention. However, another journalist of Biajayapur weekly Bhawani Baral went underground to avoid being arrested from the authorities.

On 7 January 2002, the Indian police arrested journalist Kamal Mishra, affiliated with Dristi Weekly, based in Jhapa, eastern Nepal. He was arrested from the border town Siliguri and is released right now.

The security personnel arrested Bijaya Raj Acahrya, who runs Srijanshil Prakashan, a private publishing house on 9 January 2002. He was severely tortured while in custody during the first three to four days and kept under preventive detention in Kathmandu District Police Office at Hanumandhoka. Prakashan publishes children’s books and pro-leftist literature and also published Collected Works of Mao, which are openly available in the market. Police suspected that the journalist was involved in the weekly “Janadesh” during the state of emergency. The weekly is believed to be the mouthpiece of the underground Maoist party. Acharya was freed on 19 March 2002 after binding him to conditions that he reported to police once a week. Acharya was reportedly tortured during the detention. The security forces accused him of allegedly publishing pro-Maoist literature, a charge, which he denies.

Journalists Biswa Raj Poudel, Suresh Chandra Adhikari and Posh Raj Poudel of ‘’Chure Sandesh’’ were arrested on 23 January 2002 in Kathmandu on the charge of supporting Maoists and jailed. They were later shifted into Chitwan and they still remain in the Chitwan Jail.

The security forces arrested Kumar Rawat, publisher and editor of the pro-Maoist monthly magazine “Mul Prabaha” and the weekly newspaper “Mahima”, from his residence in Kalanki, Kathmandu on 24 March 2002. According to Rawat’s daughter, security personnel stated they would release her father the next morning after interrogating him. Rawat’s whereabouts remained unknown for many days. It is reported that Mr. Rawat was kept with blindfold and with a handcuff for eight days at RNA custody, Balaju. Rawat was released on 10 April 2002 upon the condition to be present in short notice as per need.

The security forces arrested journalist Sudarsan Raj Pandey on 26 March 2002 and is being detained at the Suryabinayak Army Camp in Bhaktapur. Pandey is the editor and publisher of “Utthan” weekly and “Terai Today” daily, published in Birgunj. According to Pandey’s family members, Pandey was taken into custody by security forces from Bhaktapur while he was travelling from Kathmandu to Tatopani (on the Nepal-Tibet border) to report on a story. It is reported that Mr. Pandey was freed from RNA custody, Balaju on Apr. 5, 2002.

The security forces released Bishwa Mani Dhital, editor of Rastra Chakra weekly on 8 April 2002. Dhital was arrested on March 31 in Banepa, Kavre.

The security personnel arrested local journalist and reporter of Khabar Patrika weekly Yubaraj Puri in Sindhupalchok district on 10 April 2002. Puri is also member of local unit of the Federation of Nepalese Journalists (FNJ). Puri was released on 11 April by the security forces.

On the evening of 3rd March 2002, a dozen of unidentified persons abducted Gopal Budhathoki, publisher and editor of Sanghu weekly, while he was returning to his residence on a motorcycle. The reports said, he was stopped by army vehicle. Budhathoki’s whereabouts was not clear for about five days. On 6 March 2002, Prime Minister Sher Bahadur Deuba confirmed that Budhathoki was arrested by the security forces, while making a statement of public importance in the parliament after opposition party’s pressure. According to Prime Minister Deuba, Budhathoki was arrested after the newspaper repeatedly published malicious reports about security forces. He was released on 26 March 2002. He said he was confined for 24 days within four walls and the army men did not torture him except leaving him completely detached from the outside world. After his release, Budhathoki said, “the behaviour of the guards, commanders and section in-charges was good. But we were kept blindfolded with our hands tied up except during the meal time.” Budhathoki was also arrested by Security Forces on 17 December 2001 for questioning and had been released after 24 hours.

On 16 March 2002, editor of Mulyankan, pro-left monthly, Shyam Shrestha was arrested by the security forces from the Tribhuvan International Airport along with two other rights activists, while they were on their way to New Delhi to take part in a conference on Maoist insurgency in Nepal. After their detention at the airport, they were taken on an army jeep, first to Kalimati where the security men blind-folded them and then drove them to another location, said Shrestha with the journalists after his release. They later found out that they were held inside the army barracks at Chhauni and treated as perpetrators of crime, like murderers. He was kept with his two colleagues in a small room the first day but separated from the second day onwards when real interrogation began. Shrestha said, they were given ordinary soldiers’ meal and sleeping bags to spend the dark nights. Their hands were tied up with ropes and it was opened only during the time of sleeping and for toilet. The security personal changed their behaviour slightly with them after few days. He further said, “they were still blindfolded before being dropped off at their houses.” Shrestha was released on 26th March 2002 along with other two human rights activists.

The security forces took into custody nearly thirty eight journalists including Board of Directors’ Chairman, Benu Ram Pradhan, director Iswor Gautam, managing director Ajay Man Shrestha, former editor-in-chief Bal Krishna Chapagain, consulting editor Basanta Pokhrel, executive editor Sher Bahadur K.C. and reporter Jitendra G.C. of “Jana Sangharsha” daily in western Butwal, Rupandehi district on 29 November 2001. Other arrested journalists were Hari Poudel, Bibek Pradhan, Basanta Pokhrel, Bharat K.C., Keshri Pun, Kalika Kharel, Mira Sharma, Narayani Sharma, Sharmila Khanal, Khuma Bhandari, Binit Gupta, Tara Kharel, Himanshu Chaudhari, Harish Dhakal, Bharat Poudel, Rishi Poudel, Gunaram Ghimire, Pijiyo Thapa, Tara Kafle, Manoj Basnet, Dhan Kumar Joshi, Tara Thapa, Surya Basnet, Roshan Thapa, Kapil Gautam, Kabiram Bhattarai, Hemraj Sharma, Ram Prasad Acharya, Laxman Gyawali, Bishnu Ghimire and Chudamanai Parajuli. The local administration released them after three days in detention. But Basanta Pokhrel was released only on 17 December 2001. The police had taken them into custody from a reception organised by High-Tech Publication Pvt. Ltd. to welcome new chairman Benu Ram Pradhan. The ‘A’ class newspaper recognized by Press Council Nepal was then locked up for few days.

On 29 November 2001, police took into custody publisher Sitaram Saha and assistant editor Pawan Shrestha of local daily Jana Awaj and reporter of Janadisha daily Dev Kumar Yadav in eastern Siraha district. Yadav was released the same day. Later, he surrendered before administration after few days and informed his disassociation with the newspaper. But Saha and Shrestha were released after five days of the detention.

On 5 December 2001, the police arrested journalist Satya Narayan Sharma of Chanakya weekly in Biratnagar from the program organized by Federation of Nepalese Journalist (FNJ) local section on charge of attending meeting of the Madhesi Liberation Front, said to be closed to the Maoists. Sharma was released the next day on the condition to be present before the authorities as per the need.

Police arrested council member of FNJ Guru Dutta Gyawali on 9th December 2001 in Butwal while he was reading newspapers at local bookshop. Gyawali was released on 17 December 2001 after interrogation.

On 17 December 2001, security forces separately arrested three journalists Publisher Bandhu Thapa of Deshantar weekly, editor and publisher Gopal Budhathoki of Sanghu weekly for interrogation. Mr. Thapa and Mr. Budhathoki were released after 24 hours after huge pressure from journalist and rights organization. Budhathoki was again arrested on 3rd March and freed on 26th March. The security forces also attempted to arrest editor Prakash Adhikari of Deshantar weekly but Adhikari managed to escape.

The police arrested Narayan Sharma Gyawali, reporter of Nayadisha daily published from Butwal on 8 December 2001 and released him on 11 December 2001. Also, the council member of Federation of Nepalese Journalist (FNJ) Dil Sahani was arrested by the police on 13 December 2001 from Butwal, Rupandehi and was released on 17 December after interrogation.

The police took Siddhicharan Bhattarai, editor of Mechi Kali daily, published from Butwal, into custody on 17 December 2001 and searched his house on 18th December. He was freed on 20th December. The police also arrested chief editor of Mechi Kali daily Bharat Pokhrel on 18 December 2001 in Butwal and released on the same day after interrogation. Similarly, the plainclothes policemen arrested editor Dola Ram Ghimire of Mechi Kali daily on 16 December 2001 from Butwal Municpality’s conference hall while he was attending a program. The police also searched his home and office on 18th December. Mr. Ghimire was freed after five days in detention.

P. B. Diyali, assistant editor of Blast daily published from eastern Dharan was arrested by the police on 21 December 2001 and interrogated in the District Police Office on 23rd December. Mr. Diyali was kept in preventive detention since his arrest. He was reportedly tortured during police custody. (Mr Diyali was freed on April 28, 2002).

The security forces arrested managing director of Janadisha daily Chandra Man Shrestha from his residence Maharajgunj, Kathmandu on 21 December 2001. The authorities did not disclose any information about his arrest for many days. Now he is kept in central jail custody.

On 27 December 2001, Bijaya Prasad Mishra, chairman of local FNJ section and reporter of Kantipur daily was arrested by the police in Siraha. He was arrested upon the order of the Chief District Officer (CDO) Bhola Prasad Siwakoti. Mishra was released after 24 hours in detention where he underwent half an hour interrogation from CDO Siwakoti. It is reported that Mr. Mishra was arrested within one hour after he released on the condition to be present before the authority when it required.

The police arrested two journalists Madhav Adhikari and Buddhisagar Swarnakar of Janagunaso weekly published from Lamjung on 16 December 2001 and were released the same day after interrogation.

On 5 January 2002, security forces detained BBC stringer Sharad K.C. in Nepalgunj, Banke district in western Nepal and released him after nearly two hours. K.C. was picked up from the Radio Nepal office in the mid-western town of Nepalgunj and taken to a nearby Royal Nepalese Army barrack. Talking to media colleagues after his release, K.C. said that uniformed soldiers blindfolded him before taking him away in a van. After he was interrogated while blindfolded for nearly fifteen minutes, a junior army officer ordered that K.C.’s blindfold be removed and sought his cooperation in the on-going army operation. K.C. is also correspondent of state-owned Radio Nepal and consultant editor of local Nepalgunj Express.

The joint team of Army and Police arrested Anuradha Poudel, reporter of Spacetime daily from her residence in Kathmandu on 19 January 2002. The security forces also took away her leftist literatures and materials including books on Marx and Lenin and two binoculars. She was taken to unknown destination first with blindfolded eye and then to Balaju army barrack after one and half hour. She was interrogated five times in three places. She was released on January 21st on the condition to be present as per the need of the military. “I was not misbehaved but given psychological torture”, said Poudel after the release.

On 20 January 2002, security forces released lawyer and central member of Peoples’ Rights Concern Movement (PRCMN) Padam Baidik and three book-sellers Ram Prasad Jaisi, Dewa Poudel and Sita Acharya in Tulsipur, Dang. They were released after interrogation by the authorities in the presence of human rights activists. They were arrested on January 18th.

The plainclothes security personnel arrested Kishor Shrestha, editor of Jana Aastha weekly on 29 January 2002 and was released after approximately twenty-four hours. During his detention, Shrestha was psychologically tortured, in contravention of media workers’ right to freely and fairly report the news.

Half a dozen plainclothes men abducted Ramnath Mainali legal advisor of pro-Maoist Janadesh weekly on 14 March from his residence at Maitidevi in Kathmandu. Mainali’s whereabouts still remain unknown. But Mulyankan editor Shrestha revealed that Mainali was also kept at the same place where they were confined for over a week. He also said that advocate Ramnath Mainali, a legal advisor to the pro-Maoist weekly Janadesh, has fallen sick while in detention and requires immediate medical help.

The security forces took Narayan Prasad Sharma senior journalist and editor of Naya Yugbodh daily published from Ghorahi, Dang into custody on 16 March 2002. Sharma was released after an hour-long interrogation at a local army barrack. With Sharma’s arrest, the security forces also raided the office of the daily Naya Yugbodh.

The local administration released unconditionally Nava Raj Pahadi, local reporter of Kantipur daily and chairman of the Federation of Nepalese Journalists’ (FNJ) local section in January 2002 in Lamjung district after five days of custody.

On 9 January 2002, the police arrested Kantipur daily reporter Lal Prasad Sharma in Kusma, Parbat district. According to “Kantipur Daily”, Sharma was arrested on the charge of reporting news related to the military’s involvement in the killings of disabled children during their operations.

The security forces released Chet Bahadur Sinjali, a local member of the Federation of Nepalese Journalists (FNJ) after detaining him for nearly twelve hours. Sinjali was arrested on 21 March from the western town of Butwal.

The District Adminsitration Office, Lamjung released litterateur Harihar ‘Sabita’ on bail of Rs. 28,000.00 (approx. US$370) on 3 February 2002. Sabita was arrested on charge of supporting Maoists activities.

Imprisoned Rights Activists in “State of Emergency”: Authorities/Security Forces

Rights activist Pramod Kafle, Chairman of Group for International Solidarity (GRINSO) was arrested on 16 March 2002 by the security forces from Tribhuvan International Airport along with editor Shyam Shrestha of Mulyankan and Physician Dr. Mahesh Maskey, while they were on their way to New Delhi to take part in a conference on Maoist insurgency in Nepal. After their detention at the airport, they were taken on an army jeep, first to Kalimati where the security men blindfolded them and then driven to another location. They later found out that they were held inside the army barracks at Chhauni and treated as perpetrators of a crime, like murderers. According to Shyam Shrestha, “they were still blindfolded before being dropped off at their houses.” Kafle was released on 26 March 2002 along with his colleagues.

Police arrested Bishnu Khanal, convener of local Amnesty International Lawyers Group- 69 in Birendranagar, Surkhet on 3 December 2001, while he was reading newspapers from Sangam Book Shop.

The police arrested Tim Kumari Kumal, executive member of INSEC affiliated Center for Human Rights Education and Development on 29th November 2001 in Syangja. She was kept in Kaski District Police Center after the arrest. But the authorities did not allow regional coordinator of INSEC to meet with Kumal.

Program Coordinator Prem Bahadur Saud, INSEC affiliated Center for Human Rights and Peoples’ Awareness was arrested by the police from his office on 3rd December 2001 from Dadeldhura. The police said, Saud was arrested for further investigation upon the evidence that came out from the arrested Maoists. He was involved with human rights movement since more than two years.

Police arrested Bhim Raj Adhikari, central member of Human Rights Organization of Nepal (HURON), Dharma Raj Acharya, central member and district chairman of Peoples’ Rights Concern Movement and its district member Ravi Mohan Sapkota from their residences in Bharatpur, Chitwan on 14th December 2001 and were transferred to preventive detention on 17th December 2001.

The police arrested Jyoti Adhikari, Chairman of INSEC affiliated Public Conscience Movement in Terhathum on 20th December 2001 and released the same day with 15 days notice to be present in the police station.

Detention and Abduction: CPN (Maoists)

The CPN (Maoists) rebels have taken into their control the journalists Yagya Bikram Shahi, Regional coordinator of Kantipur Publicaiton, Nepalgunj, Rolpa Correspodent of Kantipur, Kashi Ram Dangi, reporter of Kantipur’s Nepal Fortnightly Raja Ram Gautam and its photojournalist Nishchal Chapagain, senior reporter of Himal Fortnightly Sudhir Sharma and Human Rights Year Book Representative of INSEC, Rolpa Ghanashayam Acharya on September 7- 9, 2001 in remote viallge of Rolpa. However, the Communist Party of Nepal (CPN- Maoist) was itself enjoying freedom because of ongoing dialogue with the government to resolve more than five year old Maoist insurgency, and with the Maoists themselves holding open mass meetings. After hearing the news of Maoists detention, Narayan Sharma Khatiwada, father of Sudhir Sharma died after the heart attack in eastern Nepal, Jhapa on September 10.

A group over a dozen insurgents abducted journalist Ngemling Lama, Sindhupalchook correspondent of Himalaya Times daily from his ancestral house at Dhuskot in Gulpingkot Village Development Committee on2 April 2002. According to Himalaya Times daily, Lama’s whereabouts remains unknown ever since his abduction. A long-time media professional, Lama was also actively engaged in a number of local newspapers. Later, Lama managed to escape from the custody of the Maoists on 7 April 2002. After arrival in safe place, Lama said with “The Kathmandu Post”, “after the interrogation was over, they tied his hands and legs with a rope. Some Maoists started showing me the Khukuri, others began to load their guns with bullets. Finally they took me another forest. I thought they were going to kill me. They guarded me heavily in the new forest”. He further said, “they took me around to the forest and began torturing me. They hit me on my thigh with polythene pipes. The beating left my under thigh with black spots. I couldn’t even stand properly.” Lama also worked as a local correspondent for the state owned Radio Nepal.

Torture

Any forms of torture are not acceptable whether practiced by the state or non-state actors, which are against the mandates of human rights. All forms of torture should be abolished practically and not only legally.

It is reported that the security forces have given plenty of psychological torture and physical torture in some cases. They have usually kept detained journalists at unknown places for many days after the arrest. Journalists have been taken to unknown destination blindfolded and have been kept isolated from news and situation outside. There is no report of physical torture except in few cases. However, the authorities have not filed any official charges against them. They were found to be totally under fear and terror in the detention center or custody.

Two arrested journalists Shankar Khanal, correspondent of state-owned Radio Nepal and Spacetime daily and Ganga Bista, reporter of state-owned Nepal Television and local Chautari Times were reportedly tortured after the arrest in Sankhuwasabha district. Khanal was arrested on 2nd December 2001 and released on 2 March 2002. But Bista still remains in custody. (See Imprisonment section also)

The security personnel arrested Bijaya Raj Acahrya who was also reportedly tortured in custody. He runs Srijanshil Prakashan. Before his release, Acharya’s wife Pushpa Acharya said, “my husband was tortured during the first two or three days of his confinement in the Balaju army barracks. His hand and feet were bound and he was given electric shocks”. He was arrested on 9 January 2002 and freed on 19 March 2002. (See Imprisonment section also)

Lady journalist Anuradha Poudel working with Spacetime daily was arrested from her residence in Kathmandu on 19 January 2002. Policemen and soldiers tied her hands and blindfolded her and was taken to unknown destination. She was kept blindfolded inside the army barrack and used to be blindfolded while she was taken from one place to another for interrogation. (See Imprisonment section also)

Editor of Mulyankan, pro-left monthly Shayam Shrestha and publisher and editor of Sanghu weekly Gopal Budhathoki were kept in detention blindfolded till the end of their release. They were taken to unknown place after the arrest blindfolded. However, there is no report about the physical abuse and torture. (See Imprisonment section also)

Torture: CPN (Maoist)

The CPN (Maoist) rebel tortured physically journalist Ngemling Lama, Sindhupalchowk correspondent of Himalaya Times daily and local correspondent of state owned Radio Nepal after the abduction from his home on 2 April 2002. (See also Imprisonment section).

Censor, Seizure and Ban

The general trend is not so much different than previous years. The authorities and security forces constantly restricted newspapers, which are said to be close with the CPN (Maoist) and their activities such as Janadesh, Jana Aahwan, Mahima, Jandisha and several others. The authorities did not allow such newspapers inside detention centers where the detainees believed closed to the CPN (Maoist) are kept.

Officially, the Government has not informed about the status of movies played by Indian movie star Hrithik Roshan, which was banned on December 2000 considering the erupting violence in the country as a result for his alleged “derogatory remarks against Nepal and the Nepalese people” reported by some newspapers. Following the instruction, no theaters played his movie for several months in Kathmandu and outside. Presently, theaters are showing movies played by him.

Censor, Seizure and Ban: Authorities/Police/Security Forces

On 15 December 2001, the government ordered Nepalese and foreign journalists to leave the combat zones. With undeclared ban, Tilak Pokhrel, a journalist working with The Kahtmandu Post and a group of Kantipur daily journalists received the order to immediately leave Dang valley where they were covering army operations against the Maoist guerillas. Three security officers went to their hotel and informed them that the order had come from the capital to eject all journalists from those zones. At the same time, Indian and Italian television crews were asked to return to the capital.

The District Administration Office of Kathmandu imposed one month ban on all public meetings, extortion and other activities detrimental to law and order situation in the capital city on 15 September 2001 after the CPN (Maoists) declared to hold “peaceful mass meet” on September 21 in Tundikhel, Kathmandu. The ban was imposed undersigned by the Chief District Officer using the rights provisioned in the Local Administration Act, 2028 BS (1970/71). According to statement, chapter 6 (3) of the Act says, “…… acts like extortion, forceful use of houses, factories and schools and public vehicles and unconstitutional pamphleteering, sloganeering and holding mass meetings have been banned for a minimum of one month until further notice. The government lifted the ban imposed on public meetings in Kathmandu valley with effective from 3.00 pm of September 18 after the cancellation of the “mass meet” announced by the Maoists. However, the government did not impose any ban outside Kathmandu valley and so, the Maoists held their meetings in different parts of the country.

The security forces banned the entry of journalists into the premises of Tiger Tops resort in Bardiya on 12 September, during the ongoing dialogue between the Government and the CPN (Maoist). As a result, journalists were forced to wait outside the gate till late night to cover the outcome of the dialogue. Even in that situation, the Government delegation avoided meet with the journalists.

Police seized two computers of Nwajyoti Offset Press, copies of the newspapers and official papers after raiding the Nawajyoti Offset Press, office of Chure Sandesh weekly and residence of Suresh Chandra Ahikari, publisher and editor of the weekly in Bharatpur, Chitwan in November 2001.

Police seized the camera of Tej Narayan Rajbhandari, Human Rights Year Book Representative of INSEC, Solukhumbu while he was capturing picture of the killed Maoists on 26 November 2001 in Solukhumbu. According to INSEC source, the police restricted from taking pictures referring to the order from the Minister. As promised, the police returned his camera on 4th December 2001 to Rajbhandari

The security forces restricted the entry of identified journalists in Singhdurbar at the end of December 2001 after the declaration of “state of emergency” in the country. However, the authorities denied this allegation. It is also reported that the security forces misbehaved with many journalists while they tried to enter into Singhdurbar showing their identity cards issued by the Department of Information.

The District Administration Office Parsa decided to allow newspapers published from India only after censoring from the authorities on 17 January 2002 in Birgunj. This is known as first case of censorship of newspapers entering from India after the declaration of state of emergency.

The security personnel barred newspapers published in different parts of the country from reaching the hilly eastern district of Panchthar. Security personnel have not allowed leading newspapers published in Kathmandu, the daily newspaper Blast Times published in Dharan and other newspapers published in Jhapa to reach Phidim, the district’s headquarters.

The chief whip of Nepali Congress Tek Bahadur Chokhyal banned his fellow parliamentarian Surendra Prasad Chaudhari from speaking during the period of 20th session of the parliament on 13 September 2001. Parliamentarian Chaudhari had criticized the land reform policy of the newly appointed Prime Minister Sher Bahadur Deuba. This is recorded as first such case of ban to speak against parliamentarian.

On 28 November 2001, the police and army seized all copies of The Kathmandu Post in Kathmandu, which published a picture of Maoists, titled “Back to Killing Field”, in its Midweek Post edition. The police also seized Maoist-related news magazines such as “Dishabodh” and “Naulo Bihani”, in Kathmandu.

On 9 January 2001, the police prohibited local journalists of private publications in Kohalpur, Pipari (near Nepalgunj) in Banke district from reporting news while Minister for Agriculture and Cooperatives Mahesh Acharya inaugurated milk factory operated by the Bageswari Milk Refinery Cooperatives Ltd.

The local Police has banned Aago (meaning fire) movie in western Maoist affected district Rukum at the end of May 2001. Aago has also faced several obstacles during the approval from censor board before release. The movie covers story about the Maoist movement.

The Government has banned an advertisement related to use of Condom from Nepal Television and other electronic media considering the choice of words of the advertisement, which it said was vulgar. Ministry of Information and Communication (MOIC) banned the transmission of that advertisement on 21 October 2001 stating that the advertisement was not suitable to see with the members of the family.

The police seized the copies of the Book advocating abolition of monarchy written by Gopal Gurung, editor of New Light and Thunderbolt weeklies and coordinator of Press Foundation, Asia from his residence. On 7 September 2001, the police arrested Krishna Gurung, sister of Gopal Gurung and interrogated about her brother’s whereabouts. But Gurung became underground to escape the police.

In the evening of 27th June 2001, police raided the Paru Offset Printing Press in Dillibazar, Kathmandu and seized all available copies of Dishabodh monthly. The newspaper is believed to be close to the CPN (Maoist). According to the report, the monthly had carried a feature article and interview with the chairman of the CPN (Maoist) Pushpa Kamal Dahal a.k.a. Prachanda.

Censorship: CPN (Maoist)

According to Nepal Samacharpatra of 12th September 2001, the CPN (Maoist) censored Narayani Today monthly magazine of August-September issue in Chitwan before it was sent to the market. The Maoists have censored magazine considering the sensitivity of the photo printed in cover page. Later, the magazine was sent to the market after putting blank ink in cover photo.

The Chief of CPN (Maoist) declared “Peoples’ Government” Bhakta Bahadur Shahi banned Kantipur reporter Harihar Singh Rathor from collecting news in insurgency-affected district of Jajarkot. According to Nepal Samacharpatra of 20th August 2001, Rathor was charged with arbitrary selling of photographs of Maoist rebels. Shahi also informed that three separate cases against him are under consideration in “Peoples’ Court” controlled by Maoist rebels.

The Maoist rebels restricted taking pictures to the photojournalists in Jajarkot district on the occasion of Purnima of the Viajayadashami. Saying they needed prior permission to take pictures, the area in-charge of the Maoist did not allow to take pictures.

Attacks, Misbehavior, Harassment and Manhandling

No steps should be exercised against free and fair news reporting rights of the journalists. The authorities, rebels and individuals should undertake legal steps if they are not happy with any news reports. They are free to carry out or undertake legal steps and seek justice. But the steps to harm physically or mentally against journalists are considered to be against the globally accepted norms of press freedom and freedom of expression.

In Nepal, there are very few records of legal steps initiated by the authorities, security forces, rebels and individuals for justice. They rarely go to court. They always attempt to harm through physical attack, misbehavior and manhandling the journalists, who are powerless.

Attacks, Misbehaviour, Harassment and Manhandling: Authorities/Security Forces

The Chief District Officer (CDO) of Kailali continuously interrogated Karna Kunwar, reporter of Kantipur daily based in Tikapur Kailali over a month since the end of December 2001.

The police raided the Nawajyoti Offset Press, office of Chure Sandesh weekly and residence of Suresh Chandra adhikari, publisher and editor of the weekly in Bharatpur, Chitwan in November 2001. (See also Seizure section)

The police has beaten Gajendra Budhathoki, reporter of Nepal Samacharpatra daily and member of Economic Journalist Society in Singhdurbar, Kahtmandu without any reason while he was trying to enter the premises to collect news reports on 12 December 2001. Singhdurbar is known as heart of Nepalese administration where the Prime Minister’s Office, Parliament and majority of the ministries are located.

The official of Hetauda Municipality Bhola Raj Shrestha manhandled member of FNJ Makawanpur Ujjwal Chaulagain at his office on 16 December 2001 and also used derogatory words.

Journalist Shiva Patel of Aankush daily was misbehaved and manhandled by the Police Inspector Tilak Bahadur Shrestha in Birgunj on 6 July 2001. Patel was taken into Police Office by Shrestha while he was returning from the press after leaving printing materials.

The unidentified persons attacked the distributor Baburam Parajuli of Nepal Samacharpatra daily on 10 October 2001 in Bhimsenstahan, Kathmandu.

Police Inspector Rajubabu Shrestha misbehaved Janak Aryal, vice president of local FNJ section Chitwan in early July 2001.

The partner of Bheri Furniture and Furnishing Raju Gubhaju misbehaved and manhandled the President of FNJ Surkhet Kamalesh D.C. in Surkhet on 11 November 2001. G.C. is also an executive editor of local Yug Aahwan weekly and Kankrebihar daily.

The police misbehaved with the President of Federation of Nepalese Journalist (FNJ) Suresh Acharya and other several journalists at Singhdurbar while they were attempting to enter the premises for covering news reports about the election of Parliamentary leader of Nepali Congress in July 2001. The journalists requested for the permission to enter showing their identity cards to the Deputy Senior Police Officer Haribhakta Prajapati but he did not agree.

The security forces misbehaved with National Council Member of the Federation of Nepalese Journalist (FNJ) Badri Prasad Kafle at the end of December 2001 in Gaighat, Udayapur district.

The security forces raided the office of the daily Naya Yugbodh published from Dang district on 16 March 2001. The security forces also interrogated its editor Narayan Prasad Sharma. The security forces also raided this daily on 23 December 2001 and searched the official documents as well as confiscated some documents.

The security forces searched the house of the secretary of Federation of Nepalese Journalist (FNJ) Dang Section and editor of Sabyasachi weekly published from Dang K.P. Mashal on 24 December 2001. After the search, the security forces also asked about his contact source with the Maoists.

Attacks, Misbehavior, Harassment and Manhandle: CPN (Maoists)

The CPN (Maoist) rebels attacked the permanent residence of Shiva Kumar Khadka, central Treasurer of FNJ in Siraha on 19 June 2001 and injured Khadka’s father Narayan Bahadur Khadka. Before the attack, the Maoists had threatened to attack his father.

The activists of CPN (Maoist) attacked the vehicle (Ba.1 Jha 3522) of state-owned Radio Nepal near the Patan Industrial area in Lalitpur on 19 September 2001 during the ceasefire between the Government and the Maoists and start of dialogue to resolve the problem.

On 30 May 2001, nearly 20 Maoist rebels attacked the premises of Jayaguru Ganesh Press of the Chandeswari Publication Private Limited in Balaju and put the press into fire. According to Publication sources, the Maoist have looted Rs. 280,000.00 (approx. US $ 3684.00), which was kept in the office by the chairman of the publication Krishna Prasad Gautam to distribute salary to his staffs. The publication also said that the Maoists destroyed the property equivalent Rs. 1,200,000.00 (approx. US $ 15789.00). The Maoist claimed responsibility of the action and justified it terming it as an action against publishing of ‘vulgar’ materials. The publication house publishes Sandhyakalin eveninger, Prabhatkalin daily, Janasatta weekly and many other monthly magazines.

On the evening of 26th June 2001, participants of a protest rally attacked photojournalist Min Bajracharya associated with Himal Fortnightly in Dillibazar, Kathmandu. The rally was organized by the underground CPN (Maoist).

The CPN (Maoist) rebels have looted the property of editor Matrika Pokhrel of Bedana magazine equivalent to worth nearly Rs. 400,000.00 (approx. US$ 5200.00) from his ancestral home in Rupakot, Udayapur on 29 September 2001. Pokhrel is also National Council member of Progressive Writers’ Association and Treasurer of Indreni Cultural Society.

On 25 March 2002, Maoist rebels planted a bomb at the office of the state-owned Gorakhapatra Corporation. This is the second time that the rebels have targeted the offices that publish two government daily newspapers, “Gorakhapatra” and “The Rising Nepal”. According to Police source, the bomb, planted inside a toilet on the first floor of the building, went off when no one was using the toilet. However, Arjun Adhikari, a peon working in the next room, was reportedly deafened by the blast. The explosion caused minor damages to the building.

The CPN (Maoist) rebels attacked local reporter of state-owned Radio Nepal Bishnu Prasad Devkota in western hilly district of Dolpa alleging that Devkota has sent news reports against them after the declaration of stet of emergency. They have also forced Devkota to resign from his job and the resignation paper was taken by the Maoist rebels.

The Maoist rebels took physical action against local journalist and council member of FNJ Kumar Ojha at his residence in eastern Panchthar district on 28 July 2001 beating him 10 times by the Bhata (meaning heavy stick).

Nawaraj Shahi received pressure from the CPN (Maoist) to send their news reports related with Maoist activities for broadcasting from state-owned Radio Nepal in November 2001.

Attacks, Misbehavior, Harassment and Manhandle: Civil Society/Individuals

Ram Krishna Nirala, a former legal counsel to the state-owned Royal Nepal Airlines Corporation (RNAC), manhandled Puskar Thapa, a reporter of Spacetime daily, and accused him of publishing an incorrect news item in his newspaper on 30 March 2002. Thapa was harassed at a picnic party organised by the Kathmandu District Bar Association at Tribhuvan Park, in Thankot, in the capital.

A group of people under the leadership of Puran Thapa, first son of the acting president of District development Committee of Syangja attacked Kiran Poudel, reporter of Spacetime daily in February 2002. He was attacked by local knife (Khukuri) and was seriously injured.

The local civilians of Bhairahawa, Rupandehi burned editions of Sahara daily published from Gorakhpur, India alleging that the daily has published news report and cartoon in its issue against the dignity of monarchy on 11 July 2001.

A group of unidentified people attacked the office of Daily Morning Post published from eastern town of Itahari and damaged important papers of the office in Sunsari district.

A group of unidentified people broke into the central office of the Federation of Nepalese Journalist (FNJ) situated in Sanchargram, Sinamangal Kathmandu on 19 December 2001 and stole belongings of the office worth nearly 30,000.00 (approx. US$ 390.00)

The activists of the three day nationwide strike held on 26 – 28 May 2001 attacked, misbehaved and manhandled several journalists, media institutions and their belongings in different parts of the country. The activist punctured six cycles of the distributors associated with Kantipur daily in Pokhara, Kaski. The organizer attacked local reporter of Radio Nepal and Regional Coordinator of Nepal Press Union Hemraj Baral in Pohara, Kaski. The local organizer also locked Gorakhapatra regional office in Biratnagar the same day. On May 27th, the organizers put fire over the copies Gorkhapatra daily confiscating from distributor in Dhumbarahi and damaged cycle of distributor Hari Khadka in Balaju. The organizers, six left parties leaded by main opposition party CPN (UML) also created obstacle in publishing local Bhu Sandesh in Arghakhanchi and destroyed three motorcycles belonging to Nepal Samacharpatra daily. The organizer also put fire on effigy of Radio Nepal and Nepal Television in Itahari, Sunsari alleging them of biased news coverage about the strike.

Administrative Actions

The authorities have imposed several restrictions in this period through issuing new laws and regulations as well as instructions. Even the otherwise un-concerned agencies such as Defense Ministry, Royal Nepalese Army, Nepal Police and others came with similar restrictions and became active to throttle the media freedom as a result of the Country's situation especially after the declaration of state of emergency.

On 26 November 2001, King Gyanendra declared state of emergency in the country with immediate effective. In accordance with the Constitution, the King has suspended provisions of article 12 (2) (a), (b) and (d), article 13 (a), article 15, 16, 17, 22 and 23 except right to habeas corpus. (See Main Features of the Year section and front article)

With the declaration of the state of emergency in the country, Ministry of Information and Communication (MOIC) gave instruction to journalists and media persons on 28 November 2001 stating that the news reports should not be carried out with the objective of promoting destructive and terrorist activities. The statement proscribed topics including reports that "create hatred and disrespect against His Majesty King and the Royal Family" or "harm national dignity, create social disintegration and instigate terror." The state also encouraged the media to publish official news and reports "regarding bravery and achievements of (the) Royal Nepal Army, police and civil servants." Similarly, Ministry of Home Affairs has requested news reporters to publish news items related to police and armed police after verification with its spokesperson Gopendra Bahadur Pandey. On 28 November 2001, Ministry of Information and Communication (MOIC) issued 13-points instructions categorizing news that could be published or not. In that meeting, Minister for Information and Communication Jaya Prakash Prasad Gupta expressed that the government is not interested to curtail press freedom. (See also Main Features of the Year section)

The Defence Ministry has said as the constitutionally guaranteed right to freedom can not be exercised in ways other than those determined by the existing laws, if anyone is found to be indulging in undermining the dignified institution of monarchy or giving unwanted expressions with the idea of undermining the institution or demonstrating weapons at mass meetings or kidnapping individuals, security agencies will be forced to take action as per the laws. According to press release issued on 20 September 2001, whereas the constitution of the Kingdom of Nepal guarantees the exercise of fundamental rights only within the bounds of law, expressions of several speakers are likely to spread hatred and abhorrence and undermine the institution of monarchy, and kidnapping of citizens and demonstration of weapons at mass meeting have violated the norms and values of rule of law to which the ministry's attention has been drawn. Similarly, the defence Secretary Padam Kumar Acharya said on 28th December that those journalists who wanted travel to the troubled areas in the country should first get permission from the Ministry. He further said, "at the time of emergency, anything untoward may happen, so the journalists should inform the Ministry in advance before leaving for collecting news."

The government has given instruction to private FM stations on 16 January 2001, operating under the liberal communication policy adopted by His Majesty's Government. The press statement by the Ministry for information and Communication stated that its attention has been drawn towards some FM Radio stations getting communication equipment from foreign organizations illegally and without prior approval of the ministry and also broadcasting foreign programmes without permission and authorization. "So all foreign organizations and associations are informed not to give or donate communication equipment against the existing laws and the FM broadcasters are also notified not to broadcast any programme of the foreign media organizations without prior permission," statement says. It further says, "all the stern action will be taken against such illegal activities as per the prevailing law."

According to an eveninger City Times, the government has formed two separate units to monitor the newspapers and Internet websites. The two units are in the Department of Information and are headed by two deputy director generals of Department of Information Bina Pradhan and Basanta Chitrakar. Both deputy director generals will regularly report to the Director General.

On 4 June 2001, the government put the Public Security Law into effect, under Public Security Act, 1989. The regulation indirectly controls the freedom of expression of citizens and media workers. It also gives more authority to the Chief District Officer, the administrative head of the district. In general, this regulation has been enforced to control the ongoing insurgency launched by the CPN (Maoists) since February 1996. But it can be manipulated and may be used to restrict press freedom and freedom of expression in the name of preserving peace, security and the sovereignty of the country.

According to Shree Kamandar of 26 June 2001, the Chief District Officers of Banke and Surkhet have given official instruction to the journalists stating that they should inform about the news before publishing.

The Government has formed a special committee to coordinate and disseminate news related to the military operation on 24 December 2001. The Committee was formed after the discussion held by Prime Minsiter Sher Bahadur Deuba with senior ministers, secretary of Home and Defense ministry, Chief of Royal Nepal Army and other senior security officials. The meeting has appointed Minister for Information and Communication Jaya Prakash Prasad Gupta as coordinator and he will nominate other members of the committee.

The Chief District Officer has given instruction to Nawa Raj Shahi, reporter of state-owned Radio Nepal of Jumla to stop sending news reports on 29 November 2001.

The Administrative Officer of District Administration Office, Parsa Suresh Adhikari informed that the Chief District Officer Binod Gyawali has given instruction not to provide any kinds of information to the journalists expressing his concern about the use of "news source" while they were present to get news reports about the incidents that occurred on 8th and 9th of September in Parsa.

On 31 December 2001, the Chief District Officer Kirti Bahdur Chand in Kathmandu interrogated editor-in-chief and publisher Pushkar Lal Shrestha and editor Kapil Kafle of Nepal Samacharpatra daily for over two hours in connection with a news item published in the daily that same day. Shrestha is also president of the Nepal Media Society, a group of broadsheet newspapers in the country, and president of the Nepal chapter of the Vienna-based International Press Institute (IPI). The daily had carried a belated statement by underground Maoist leader Comrade Prachanda, stating that the Maoist influence had been reduced considerably in the urban areas after the declaration of the "state of emergency" in the country. Chief District Officer Kirti Bahadur Chand told Shrestha that it would be punishable by law to publish a statement by a "terrorist leader", as this would have an adverse impact on the security forces' morale.

Threats

Threats are not also civilized steps and considered as stupidity of the concerned people. If the media and journalists harm their identity and prestige, they must follow legal and official course. They should stop from taking physical actions to fulfill their own grievances. They have the right to criticize but not harm reporters physically or mentally.

Pavitra Kumar Khadka, Sindhupalchowk reporter of Spacetime daily has received threats of death from unidentified persons due to news reports published in the daily, said statement issued by FNJ on 27 September 2001. According to Khadka, he received threats from then chief of custom office of Tataopani Bharat Subedi and Krishna Lamsal, said to be residents of Syangja. Earlier, Khadha had published news reports about the "raid in Tatopani Custom Office by the intelligence".

Local Deshantar reporter Lawa Dev Dhungana received death threats from local Prakash Timalsina of Indrayeni Automobiles of Pathivara Hotel in eastern district Panchthar on 14 June 2001. Timalsina also manhandled Dhungana in the presence of journalist Kumar Ojha and Suman Dhakal. Dhungana had published news report about the mixing and contamination of oil upon the connivance of the administration on 6 May 2001.

The editor of Hindu weekly, Pawan Thapa Kuntal received death threat from unidentified persons at his office on 28 August 2001 based on the news report published by the weekly.

Local journalist Ramesh Subedi received death threat from the Chairman of Prastoka Village development Committee Paras Shah in Bara. To save his life Subedi registered application seeking security at District administration Office on 21 May 2001.

Unidentified persons threatened the sports reporter of Kantipur daily referring to the news report published in the daily on 4 May 2001. The daily had earlier published news about the manhandling of chief instructor of athletics Narayan Yadav due to reasons for making public irregularities undertaken during the period of sixth Cross Country Championship. However, the unidentified person was concerned about the published news related to Rabi Rajkarnikar.

Legal Actions

The legal actions are considered as positive step for promotion of press freedom and freedom of expression. Such actions will not harass and discourage journalists and media workers rather than physical attacks and continuous threats. In fact, the legal action can initiate whoever feels victimized by the media and their news reports. It certainly enhances the respect of journalism and reflects the nature of the civil society.

A case filed with the District Court of Rupandehi relating to one of the news published in Rajdhani daily has been discharged by the court. Komalnath Upadhyaya, habitant of Siddharthanagar filed the case against Balmukunda Dev Pandey, the chief editor, Jibendra Sinkhada, the executive editor and reporter Anantaraj Luitel arguing that the news published by the respondent on the then district Judge Gopal Prasad Guragain relating to his infamous sex scandal was in contravening of the contempt of court.

Several writ petitions on habeas corpse pursuant to Articles (88) and (23) of the Constitution were filed at the Supreme Court challenging the order of His Majesty's Government to hold some journalists under preventive detention on the ground that such order of the concerned authority was illegal and unconstitutional. The writs pertaining to this regard were filed on behalf of the editor of Janadisha National Daily Om Sharma, the editor of Janadesh Weekly Govinda Acharya and its sub-editor Khil Bahadur Bhandari, assistant editor Dipendra Rokaya, and reporter Deepak Sapkota of the same publication and executive editor of Dishabodh Monthly Ishwori Chandra Gyawali. Division Bench of the Supreme Court comprising justices Top Bahadur Singh and Sushila Singh decided the issue to send in the full bench for the settlement of serious constitutional and legal question involved in the dispute.

Minister for Home and Local Development Khum Bahadur Khadka filed a case on defamation at the Kathmandu District Court against the editor and executive chairman of the Naya Sadak daily on 23 December 2001. Minister Khadka in the petition claimed that the news published with title "Freezing of Accounts of the Senior Minister at the council of Ministers" on the first page of the paper by the respondent on 30 October 2001 had caused defamation on his honor, prestige and dignity. Minister Khadka, among others, had prayed the court for compensation to be covered from the respondent.

One more case relating to defamation was filed at the Chitwan District Court against the editor and reporter of the Kantipur daily working at Chitwan on 17 January 2002. Chuna Pradhan habitant of Bharatpur Municipality, Mahendra Bus Park had filed the case against the "Kantipur National Daily" claiming that the news published entitled "Arrest of six engaged in prostitution" by the respondent was contrary to the enjoyment of her personal liberty. The case, later, was compromised.

Bagmati Zone Labour Office decided to impose a fine Rs. 100 against the Kantipur Publication on the ground that the publication had not implement decision rendered by the Supreme Court. The supreme court of Nepal, in response to the petition filed by journalists Shreelal Shah working for the publication rendered decision against the Kantipur Publication in order to pay compensation to the journalist shah.

The Kathmandu District Court decided to impose a fine Rs. 5000 (approx. US $ 64.00) to Chhalphal weekly as compensation. The fine was imposed to the respondent with reference to the litigation filed by the parliamentarian Mohan Bahadur Basnet. The plaintiff Mr. Basnet had prayed before the court that the news entitled "A Lakh (100 thousand) Robbery From Parliamentarian" published by the respondent on 26 August 2001 has caused defamation against him.

The Kathmandu District Court, on the accusation of defamation, imposed a fine Rs. 500 (approx US $ 7.00) to publisher and editor of the Hank weekly. The decision was rendered based upon the complaint lodged by plaintiff in regard to the news entitled "The Congress Baby in the Uterus of RPP" published by the respondent, The news was claimed to have caused jeopardize to the prestige, honor and dignity of the plaintiff.

The Kathmandu District Court discharged the case of defamation filed against Gorkhapatra daily on 24 January 2002. Govinda Ram Shrestha, who was expelled from the general membership of Aduait Institution on charge of disciplinary action, had filed the case against the then editor of Gorkhapatra daily Ramesh Tiwari and the then General Manager of Aduait Institution.

The Gaur District Court, on the accusation of committing murder against the reporter of Radio Nepal Shambhu Patel who was working at Rautahat, decided to imprison the member of Rautahat District Development Committee Jaya Prakash Kaushal into the judicial custody for the purpose of further court procedure on 14 February 2001. Mr. Kaushal was accused of committing murder against Shambhu Patel who was shot by two unidentified gunmen on 23 January 2000 at his residence in Rautahat district and died on 5 February 2000 while undergoing treatment in Bir Hospital, Kathmandu. Patel was Vice president of Nepal Press Union (NPU) Rautahat branch and a local reporter for state-owned Radio Nepal. The court is yet to deliver final verdict on the Patel murder case. According to our sources, the police also arrested suspected gunman Gagan Dev Raya Yadav on 22 June 2000, who was charged with shooting Patel.

The Lalitpur Appellate Court, in response to the writ petition filed by the famous comedian artist Madan Krishan Shrestha, issued an order of injunction to stop the Tele-program "Nagad Panchlakh" till the date of final adjudication of the petition. Mr. Shrestha had filed the petition at the appellate court against Media Finance Cooperatives Limited (MFCL) and Nepal Television (NTV) claiming that the MFCL had breached the terms and condition of the agreement between the petitioner and respondent particularly the clause relating to remuneration and reward to be given to the petitioner and winner of the program respectively.

The Supreme Court of Nepal issued an order to look into precedent held by the Court itself in an earlier case relating to broadcasting the news on the F.M. Radio. The special bench of the Supreme Court comprising justices Laxman Prasad Aryal, Kedarnath Upadhaya and Krishna Kumar Verma, in the earlier time, had issued an order to observe the decision of the Supreme Court rendered in connection with empowering the F.M. Radio to broadcast the news. Journalist Raghu Mainali filed the petition at the Supreme Court challenging the function of His Majesty's Government as being of unconstitutional and illegal where the government used to collect royalties from the broadcasting institutions.

Jagat Gauchan filed a complaint at the Kathmandu District Court against Jana Aastha weekly challenges the news published by the respondent, which caused defamation to the honor, prestige and dignity of his life.

The District Police Office, Kathmandu filed a state offence case against the street Poet Bhim Prasad Dulal accusing of his lyrics and songs that Poet Dulal used to sing on the open street complying stories on Royal Massacre being of state offence. The Poet Dulal, decorated with a several awards for lyrics and songs, was arrested and kept in the detention by Nepal Police on 21 October 2001 at a time while he was singing a serious song on Royal massacre on the street. Mahesh Raj Bhetawal, resident of Nuwakot District was also arrested at the time.

The Parsa District Court imposed Penalty with a fine Rs.5000.00 (approx. US$ 64) to the Sunday Times weekly and it's editor Ganesh Shah on the ground that the news entitled "Looting from Federation of Nepalese Journalists " published by the defendant had caused defamation to the complainer. The Federation of Nepalese Journalists (FNJ) Parsa Section had lodged the complaint at the court. Earlier to this decision too, the Sunday Times weekly published from Parsa District, was imposed with a fine Rs.1000.00 (approx. US $ 13.00) and a compensation 2000.00 (approx. US $ 26.00) by the Parsa District Court on response to the complaint filed by vice-president Central Region of the Federation of Nepalese Journalists (FNJ) Ishor chandra Gautam.

Minister for Information and Communication Jaya Prakash Prasad Gupta informed in a program with Journalist that His Majesty's Government was enacting a compressive law complying a strict clause relating to contempt against the newspapers held in Kathmandu on 20 February 2002. As of now, The Nepalese law only deals with defamation in case any news published in the respective paper cause any injury and loss to the prestige, honor or dignity or any person whose news are published there with.

The Supreme Court of Nepal dismissed the directives issued by Ministry of Information and Communication (MOIC) on 26 July 2001. The directive along with amended terms and conditions was issued by the Ministry of Information and Communication with a view to controlling, monitoring and Supervising the Radio and F.M broadcasting on 2 January 2002. Full bench of Supreme Court consisting of Senior Justices Laxman Prasad Aryal, Kedar Nath Upadhaya and Top Bahadur Singh ruled that His Majesty 's Government by virtue of Proviso of the Art 12(2) of the Constitution could impose reasonable restriction on any act of broadcasting information or news only by making an appropriate law, But contrary to the provision contained in the constitution His Majesty's Government had imposed unreasonable restrictions on the act of broadcasting news or information and such function of government was ultra-rule and unconstitutional held the court. The writ petition against the function of government was filled by practicing lawyers Madhav Kumar Basnet and Sudip Poudel on 26 January 2001 claiming that the directive issued by the Ministry of Information and Communication with regard to imposing restrictions on the act of broadcasting was contrary to Art 16,13 12(2) (A) and to other norms of the constitution. According to the government directives, all privately operated FM radio stations were barred from collecting and broadcasting their own news programmes. This followed a 16 January cabinet decision. The FM stations were only allowed to broadcast second hand news collected by state-owned media. They could only broadcast those reports after the authenticity of the news had been verified.

Towards, the end of year, a single bench of the Supreme Court issued an order of show-cause in the name of Ministry of Home and others. The Court had issued the order of show-cause to the respondent in response to the Contempt litigation which had claimed that the respondent did not implemented directive order effectively made by the Supreme Court pertaining to disseminate the provisions contained by the Social Behavior Reform Act, 2033 (1975/76).

The District Court of Morang dismissed the complaint of defamation filed against the editor/publisher Sagun Lawati and others of Ruprekha weekly. Dwarika Bahadur Shrestha resident of Biratnagar Municiplity had lodged the complaint against the Papers. In response to the complaint, the court observed that the news published by the Ruprekha Weekly was pursuant to objective of binafide motive.

Minister for Information and Communication (MOIC) Jaya Prakash Prasad Gupta filed the case of defamation at the Kathmandu District Court against the then chief editor Yogesh Upadhaya, chairman Bahadur Krishna Tamrakar and managing director Jamim Shah of the Space Time daily on June 19,2001. Minister Gupta had claimed in the petition that some of the news published by the respondent caused loss and injury to prestige, honor and dignity of his public life.

A case relating to a public offence was filed against the local reporter Govinda Ghimire of Radio Nepal based in Itahari and others at the Itahari Police Office. The plaintiff lodged the complaint accusing that the reporter Govinda Ghimire and others had caused damaged to the property of Itahari Municipality.

The Kathmandu District Court decided to impose a fine Rs. 25 (US$ 0.32) to the editor and publisher of the Suryodaya weekly on 25 September 2001. The case was filed against the chief editor Pawan Thapa 'Kuntal' and director Shesh Raj Khatiwada of the weekly challenging the news relating to Spacetime Network and Chhanel Nepal published by the respondent. The plaintiff argued that the published news in the Suryodaya weekly was in contravening of the prestige, honor and dignity for the runner of Space Time Network and Channel Nepal. In another case, managing director of the Space Time Publication Pvt. Ltd. Jamim Shah filed a defamation case against the Suryodaya weekly and it's editors at the District Court, Kathmandu. Managing director Jamim Shah had lodged the complaint against the publisher Sheshraj Khatiwada, chief editor Matrika Poudel, reporter Phanindra Nepal and the Paper itself pursuant to section 3,5 and 12 of the Defamation Act 2016.

Social Welfare Officer of Birgung, Shanta Basnet and a local resident Om Prakash Gupta filed a defamation case against the Ankush daily at the District Court, Parsa. The plaintiff claimed that the Ankush had published news with the malafide motive of causing harm to the respect of their family.

Advocate Thakur Prasad Yadav filed a case on contempt of court against Punarjagaran weekly at the District Court, Bara. This complaint was lodged in connection with the news entitled "Bribery of Officers" published in Punarjagaran.

Member of Democratic Youth Organization Dharma Ghartimager filed a defamation case against Yugyan weekly at the district court, Kailali. Ghartimagar had argument that the paper had attempted to kill his moral and character.

His Majesty's Government filed a charge-sheet against the editor Yubraj Ghimire, chairman Hem Raj Gyawali and managing director Kailash Sirohiya of the Ppublication on the accusation of sedition under Offence Against the State and Punishment Act- 1989 at the Special Court, Kathmandu on 17 August 2001. The government filed the complaint in connection with an article written by the CPN (Maoist) leader Dr. Baburam Bhattarai, which was published on the Kantipur National Daily. In the meantime, Minister for Information and Communication Jaya Prakash Prasad Gupta, in one press conference, announced that the complaint lodged against the team of Kantipur publication was withdrawn to be effective from the decision of council of ministers. (See also arrest/imprisonment section)

Miscellaneous

Over the years, there are many cases, which are directly related with the concepts of the press freedom and freedom expression. Some actions are taken as inspiration for promotion of press freedom and freedom of expression. At the same time, some are taken against the basic principles of press freedom and freedom of expression.

HR Year Book put On Fire

The Human Rights Year Book published by Kathmandu-based human rights organization Informal Sector Service Center (INSEC) was put on fire by the activists of so-called Citizen Concern Society in Tamghas, Gulmi on 17 October 2001 charging that the Book had published biased human rights violation records of the district. They also said that the Book has not properly covered human rights violation cases and was politically biased. However, INSEC denied the allegation and clarified its process of the publication. According to INSEC, the Book is published after thorough research and field survey every year. It is published annually on 9th April and has been published since 1992.

Newspaper as Dowry

The Nepalese newspapers were handed over to newly married couple Kalpana Subedi, member of Sarbaswa Nepal, an NGO working against the trafficking of women and soldier Bishnu Kumar Jairu in Nuwakot on 1 July 2001 as gift known as 'dowry' in their wedding ceremony. Nuwakot is one of the districts that is highly affected by the practice of trafficking of young girls to Indian brothels.

Gupta appointed as Spokesperson of the Government

The government has appointed Minister for information and Communication Jaya Prakash Prasad Gupta as Spokesperson of the "Council of Ministers" on 17 August 2001 to disseminate cabinet decisions and government views. Gupta was appointed as the Spokesperson by the government to make public cabinet decisions through press conferences. Before his appointment, the cabinet decision used to be made public only after they were published in Gazette.

"Bahas" (Debate) in Palace

As desired by the King Gyanendra, Nepal Television sent the copy of 'Bahas', a television debate/talk program, of 1st September 2001, produced by Indra Lohani, to the Royal Palace. According to Space Time daily of 4th September 2001, the discussion was held on "Maoist People's Struggle and Dialogue". In that program, the issues of monarchy and 'republic' were also discussed. Former general secretary of SAARC Yadav Kant Silwal, chairman of HURON Sudip Pathak, editor of Kantipur daily Yuba Raj Ghimire, human rights activist Padma Ratna Tuladhar, journalist Shyam Shrestha and first vice chairman of FNCCI Binod Bahadur Shreshtha had participated in the discussion program.

Regretted Ignorance of the Press

Police released from Maoist captivity in Surkhet on 3 October 2001 have expressed their sadness over the role of media during their abduction. According to Kantipur daily of 4th October, they felt sad over the ignorance by the media about their situation during the three months they were in Maoist captivity. Maoists had taken them into captivity from Holeri, Rolpa. They said, they were expecting that the journalists would come to see them and often used to talk about journalists. Among them, Assistant Sub Inspector, Chaudhari said with Kantipur journalist J. Pandey and Moti Poudel, that even Japanese journalist came from overseas but we could not see any Nepalese journalist.

Maoist Extortion against the Press

Despite the party's public commitment against extortion, the Maoists have demanded Rs. 400,000.00 (approx. US$5,341) from Kantipur Publication. According to "The Kathmandu Post" daily, two activists of the underground CPN came to the Kantipur Publication's office on 3 September 2001 and handed over an appeal to Publications' Managing Director Kailash Sirohiya and Director Binod Raj Gyawali, demanding a donation for "counter struggle." Although, the letter was addressed to Namaste Group, which also has its office in Koteswar, Kathmandu, the two rebels said that it was intended for the publication. Similarly, the Maoists asked similar donation from several publication houses, journalists and rights activists. In a separate case, the sister organization of the Maoist- All Nepal Trade Union had sent letter to three officials including general manager of state-owned Gorakhapatra daily asking for Rs. 550,000.00 (approx. US$ 7,236.00).

Teachers worst-hit from Maoist 'terrorism'

Minister of State for Education and Sports Mr. N.P. Saud said more teachers have become the victims of CPN (Maoists') terrorism than the party workers at the inauguration of Eighth National Meetings of the Nepal Teachers' Association (NTA) on 14 March 2002. The teachers during the gathering said many of them have fled their homes to live in the districts headquarters. Many teachers said they have been threatened both from the government and the Maoists. These teachers are in the biggest fix-whether to donate the Maoists and make them happy or run for their lives to district headquarters.

MP Offers Bribe

A Nepali congress lawmaker offered a Rs. 1000.00 (approx. US$13) to the parliament reporter of Kantipur daily Balaram Bania on 9 October 2001 just outside parliament. According to The Kathmandu Post, Lama told the reporter "since writing the news about his concern would take a little extra effort, some expenses for tea would be appropriate." Lama had spoken in the parliament about issues of politicization of the police force and other discriminatory practices.

PM Urges Journalists to be Bold

Prime Minister Sher Bahadur Deuba said that freedom of press existed in the country but the journalists had to be bold while writing about the Maoists on 25 September 2001 during a function organized by the Press Council Nepal to commemorate its 32nd anniversary and to present Gopal Das Journalism Award. According to "The Kathmandu Post", Deuba said that the press was only criticizing the government but were reluctant to do the same about the Maoists. He further said, once the journalist's start getting braver democracy will develop in Nepal and hoped that the press would be more responsible and investigative in the following years.

Minister Gupta requests for maintaining Conducive Environment

Minister for information and Communication Jaya Prakash Prasad Gupta asked the press to help maintain the present conducive environment for peaceful talks between the Government and the Maoists on 2 September 2001 speaking at the program organized by Chandeswari Publication. He said that the press could play a vital role in making the talks successful. On that occasion, Dharanidhar Khatiwada, Director of Department of Information said that the press should be objective, not subjective. He also asked the print media to use pen to preserve rich culture of the nation.

Role of Press is important in Judiciary: Chief Justice

The Chief Justice Keshav Prasad Upadhayaya said that the role of press is important to carry out free and fair justice during the meeting with "Legal Journalists Group" on 26 December 2001. He further said the role of press is remarkable to ensure independent judiciary as it can present its activities transparently. So, the journalists should be alert during the coverage of judicial news reports. Expressing his commitment to assist delivering Court verdict and orders to people, Chief justice suggested not to carry out baseless news. Pointing out the news items of some newspapers about the judiciary and judges, he said, such news would create wrong impression about the judiciary, which will not be in favour of anyone's interest. So, the press has responsibility to save the dignity of the judiciary through fact-based and objective news reports. In the meeting, journalists also expressed their concern about the lack of easy availability of Court orders and verdicts and asked to provide prepared copy of the Court verdict to them. They also demanded that the information should be delivered for making transparent judiciary.

NTV to Live telecast WC

Nepal Television (NTV) has announced that it will telecast all 64 matches for the upcoming World Cup 2002. The state-owned television station, in a press release issued on 13 March 2002 confirmed that all necessary arrangements have been made for the purpose. NTV has reached an agreement with Ad Avenues, the company holding broadcasting rights in Nepal, on the broadcasting of all 64 matches on NTV.

RSF inquiry on Freedom of Press during State of Emergency

Mr. Vincent Brossel, from RSF - Asia Pacific Desk has made an inquiry in March 2002, over Attacks on Freedom of the Press during four months of State of Emergency.

The mission report concludes: The breach by the Maoist Party of the cease-fire and of negotiations, in November 2001, marked an historical turning point in the civil war that has been raging in Nepal since the mid-1990s. The conflict, which has caused the death of at least 3,000 people, has grave human, economic, social and political consequences for this Himalayan kingdom. The proclamation of a state of emergency and intervention of the Nepalese Army in the hostilities marked the start of an all-out war against "terrorism." If nearly all of the country's national dailies have sided with the government, many journalists, and most emphatically those who work for far-Left weeklies, have paid dearly for the Nepalese regime's determination to win victory at any price. And that cost has been very high. Nepal has thus become the country with the highest number of imprisoned journalists and press contributors in the world.

The report further recommends to the Nepalese Authorities to release immediately the journalists and press contributors in respect of whom the police have no tangible and documented proof that they are members of the Maoist Party; to comply with the international commitments made pertaining to human rights, to repeal all extraordinary legislation, like TADO, to give the International Committee of the Red Cross (ICRC) and Nepalese human rights organizations free access to all prisons and detention centres in the country, and also to simplify the procedures for family visits.

RSF has expressed the desire that the European Union and the United States intervene within the United Nations to ensure that any cases of abusive treatment involving Nepalese journalists be referred to UN special rapporteurs covering such issues as torture, freedom of opinion and expression and arbitrary detention.

RSF has expressed the desire that the European Union and the United States intervene within the United Nations to ensure that any cases of abusive treatment involving Nepalese journalists be referred to UN special rapporteurs covering such issues as torture, freedom of opinion and expression and arbitrary detention.
RSF also mentioned its condemns to any justification in the media of violence and of organizations guilty of war crimes, and occasionally virulent criticism expressed by certain public media of publications and prominent individuals who support a political solution to the conflict.