Free media and drafts of history

Abhi Subedi

Free media discourse did not receive as much attention from parties, governments and civil society as it should have after the political change of April/06. But it has received attention in recent weeks as an issue of freedom. Nepal government's first united response to Constituent Assembly (CA) elections came like a jolt about a month ago. The spokesman of the government indicated that they had agreed in principle that certain codes should be introduced to limit the media reporting about the CA elections in November 2007.
The recent closures of some newspaper distributions by Maoist trade unions and resumptions following a court order and the flexibility shown by the Maoist information minister Krishna Bahadur Mahara and the trade union near the CPN (Maoist) and the commencement of fast-onto-death by a democratic leader Birendra Dahal propelled by the closure of HBC FM brought the free media discourse to a new height. After these developments, two questions rose like cyclones in my mind. First, why focus on press restrictions before anything else? Second, who is wary of free media in Nepal?

Nepali free media was not created by political parties or governments who have their own mouth organs that they play whenever they feel like and invite readers to appreciate their composition and read their solipsistic notations. Little do such organ creators realise that free media's historical effect is immediate and vibrant.
About the historicity of free press, a senior British journalist John Lloyd says, “Journalists give the first draft of history: historians may do a quite different draft, but most people don't read the histories-so for them it's the first and last” (What the media are doing to our politics 37).
The first draft writers of the current, turbulent Nepali history are the media. The old history writers' books are shelved. They do speak very little now. So writing the drafts of history by free media has become the most important activity in the politically vibrant Nepal. Several native and foreign history writers have been using the Nepali free press to formally write the second draft of the history of this country's turbulent times. The free Nepali press --its journalists, columnists and freelancers have mutually written the first drafts.

Free media was created by middle class youths who found it as an important means of creating cultural and intellectual space for themselves. They came into existence with the awareness of their in-between-ness- the sense of being below and above, between global and local and founded the free media to express their world view. Their free press activity shook the class above and taught the people below how to be assertive.
Media entrepreneurs gave them freedom for obvious reasons. Little have the political parties realised that. Free media successfully challenged the ardent autocratic regime of the modern times in Nepal in April/06. The role of free media and the journalists was the most important one. They took many risks, disregarded life threats and moved under the barrage of batons and bullets to bring news to the public.
There are some caveats. The Maoists were among the first to realise the power of free press because they chose the free press to publish their important views. The Nepali Congress government jailed Editor Yubaraj Ghimire and publisher Kailash Shiroia of Kantipur for publishing Maoist leader Baburam Bhattarai's essay in Kantipur in June 2001 and put a temporary ban on free speech. But the free press prevailed. The free press helped the Maoists to come to the open through their constant attention to their politics, their histrionics, commitments and programmes. Some free Nepali weeklies devote not less than 40 percent of their coverage on the Maoists in each issue.

It is ironical, therefore, that the Maoists should look askance at the free press today and suspect that they may have been funded by foreign agents. Examples abound. Kanak Dixit was detained by King Gyanendra's government for defying the restriction to use IT to talk to the foreign press. Other media groups were attacked and their facilities and technologies were looted and vandalised by government agents. Journalists were gagged by militias and governments' armed personnel over the last decade.
Parties' ambivalent attitude towards the free press continues. But the reality is that if the free press leaves a day without reporting the ongoing minuscule U-turns of the parties even today, the political process will move back to square one. The free press has been overtly or covertly alerting the mass and the parties.
What does it mean then to develop hostile attitude towards free press by the government and political parties today? Can a party dream to rule absolutely tomorrow by suppressing free media? Nobody should work with such imaginaries. People are so vigilant that they will not accept any regressive reporting either. So, why instead of sorting out the main political agenda, mutually working for a law and order situation and going to the villages with manifestos as the chief election commissioner has been pleading them to do, are the political parties and government fantasising a muted and muffled press?
The writers of the first drafts of history have great responsibilities as much as the governments to save a free media in Nepal.

Source: The Kathmandu Post, August 22, 2007

Peace please

Prerana Marasini

So you're from Nepal? The country of Maoists," reacted a foreign classmate of mine here in India. "You can't say it's the country of Maoists; I'm not a Maoist," I retaliated. "Don't deny your country is going through turmoil and there hasn't been any settlement even after the revolution," he said, "Believe it or not but the synonym for Nepal has become Maoists today."
Feeling a little dejected at the comment, that too in a different land, I wanted to think for a while that Nepal is still the same-peaceful-but I couldn't agree to myself. I went to the computer lab and logged on to Nepali websites to update myself with the latest political news. I hoped to see some positive news, something that was not related with deaths and damages, bandas and its aftermaths but I had to be disappointed again.

A parliamentarian had been attacked ruthlessly by Maoist cadres. The news said that they wanted to burn him alive, in public. I got goose bumps. I hadn't heard anything like that before and felt ashamed too. If the parliamentarians were attacked that way, I wondered what happens to the ordinary citizens. I felt emotionally hurt too, as the Maoists who joined the government months ago were still carrying out barbaric activities.
Some weeks ago, I had read the news in which they had attacked a DFO. The fact that they were still embracing people-frightening image disgusted me. Their participation in the government should show respect towards law and order. Involvement of their cadres in activities like these indicates either they haven't been able to implement law in their own group or, they want to remain as rebels. No matter what!

I was still pondering over the remark of my foreign friend, whose nationality I don't want to reveal, when I read something that gave me another blow. The news read: "CPN Maoists have formed committees for eight different ethnic-based 'states' under a federal structure for the country." States? I waited a second trying to figure out what they meant by that. 'Seti-Mahakali, Tharuwan, Magarat, Tamuwan, Newa, Madhes..' gave me a complete picture what these followers of Mao Tse-tung were up to. Split the nation!!
When I was a kid, I always thought of various things to introduce my country, in addition to the tallest peak and the Light of Asia, with foreigners. At this moment, however, I could not think of anything else except the green combatants with red bandana, the group that calls itself Young Communist League and carries out atrocities, and the leaders like Prachanda, Baburam, Mahara, and Hisila. I also remembered what Jwala Singh said-"We won't allow constituent assembly election to take place." I also visualized the everyday bandas and burning of tyres, destruction and demolition, hues and cries.
The more I thought, the more pessimist I became. I tried to divert my mind to the natural beauty of the country. But even that didn't help. I wanted to tell my classmate on his face: "Hey, I come from a peaceful country, okay." If only it was true….I sat back and closed my eyes.

Source: The Kathmandu Post, August 22, 2007

Swing Into Action

IN its pursuit of holding the constituent assembly polls as per the schedule agreed upon and mentioned in the interim statute, the Election Commission has gone ahead with making the necessary preparations for the democratic franchise aimed at framing a new constitution for the country. Right after the enactment of the law relating to an election court, the Election Commission has published the schedule for the first past the post system as well as the proportional election system which indicates the efficiency and effectiveness of the constitutional body in carrying out its constitutional duty. According to the schedule disclosed by the commission, candidates seeking to contest for the 240 seats in the first past the post system should file nominations at the respective district education offices by the first week of October while the political parties are required to submit the list of their candidates to the commission for the proportional polls during the second week of October. The commission has, thus, set the timetable for the polls to ensure that the process for holding the polls is not delayed and for the political actors to swing into action accordingly.

What makes sense to note in this context has been the finalisation of the code of conduct for the polls, laying down obligations to be adhered to by the political parties and candidates. The code has been comprehensive enough to cover several aspects of poll ethics and mentions that the parties or candidates failing to obey the provisions are liable to face legal consequences. The commission reserves the right to invalidate and countermand the polling process, should there be serious cases of violation or breach of the obligations enshrined in the code. The prohibition on posters and wall paintings is very relevant as the political parties and candidates are found engaged in defacing and disfiguring public walls and compounds with slogans and campaign messages during the elections. Moreover, the code has fixed a ceiling on expenses involved in the poll campaign. However, it is not very much different from conventional practices. What is important in this context is the determination to enforce the provision so that money and muscle power are not flexed during the polls. Finally, congratulation to the Election Commission for its drive and zeal for carrying out its constitutional mandate, and it is high time the political parties reciprocated the spirit of the constitutional body responsible for conducting the polls.

Source: The Rising Nepal, August 22, 2007

West Seti Must Be For Nepalese Too

Dr. Trilochan Upreti

William Bulti-tude, Managing Director of Australia's Snowy Mountain Engineering Corp (SMEC), has reportedly said that the construction of the 760 megawatt West Seti Hydroelectricity Project will start in November 2007. This means three months earlier than the original plan to initiate the project by January 2008.

Energy vs. revenue

Baltitude has been quoted as saying that SMEC is willing to consider providing free energy to Nepal instead of cash, if the government asks for it. He also said that, legally, SMEC is under no obligation to provide free energy to Nepal because the existing agreement is to provide Nepal 10 per cent of the revenue generated by the project. It is also said that the government has not yet formally requested SMEC to provide 10 per cent of energy instead of cash. However, Baltitude has been misinformed. The government is not in a dilemma because the Natural Resources Committee of the legislature-parliament has instructed the government to get 10 per cent of the energy instead of cash from SMEC.Bultitude had also revealed that it was not economically feasible to provide energy to Nepal from the West Seti Project itself, and, therefore, a different project would have to be identified for that purpose because the West Seti is being built to export power to India. SMEC has already initiated a Power Purchase Agreement with the Power Trading Corporation of India for a period of 25 years at 4.95 US cents per unit.

Pursuant to the policy of involving the private sector in generating energy, and SMEC having showed its interest in the West Seti, a MOU was signed between the two 13 years ago. In the MOU, SMEC had promised to provide Nepal at least 10 per cent of the total hydro-electricity to be produced and exported to India from the project. This provision was changed in 1998, whereby, in lieu of the 10 per cent energy, 10 per cent of the revenue was to be provided to the Nepal government. This provision was again replaced by a provision of providing 10 per cent energy instead of 10 per cent revenue. Thus, the presiding water resources ministers have been inconsistent on the policy of energy versus revenue, whereas the need of the country for energy has not changed at all. Thus the ministers, who agreed to the option of revenue against energy, had not decided the matter considering the better option for Nepal. It is an allegation from the side of the people at this juncture of time.West Seti Hydro Ltd. (WSH) has also conducted a meeting with some 28 parliamentarians representing the far-western region, where the topic of the discussion was about energy versus money. It is also reported by the WSH that in the event the project moves ahead as it is today, Nepal would obtain an estimated financial return of US$ 1.12 billion (Nepalese Rupees 73 billion), inclusive of royalty, tax and bonus from the project over the 30-year period. The total cost of the project is US$ 1.2 billion, and 1,579 families would have to be resettled for the construction of the project. This project, if commenced on time and no out of control situation emerges during the implementation stage, will be completed by 2012, five years from now.

Regarding the investment in the project, the WSH's investment would be 26 per cent, Asian Development 15 per cent, China National Machinery Import and Export Corporation 15 per cent, Government of Nepal 15 per cent, for which it has acquired US$ 2 million from the ADB and Special Purpose Vehicle investment will be 14 per cent. The profit of the company has not been made transparent to the media and public. However, the government would not be prohibited from the huge profit generated by the project. This is the first test case of hydropower development by private investors with the aim of exporting power to India. Those who think that this is the only natural resource bestowed on us by nature and that it should be utilised for the optimum benefit of the country wish for its success so as to open up a flood of private investors for making a prosperous Nepal from the huge royalty and other benefits from large water projects. A recent World Bank study suggests that Nepal could get annually US$ 6-10 billion from its water resources development, if a holistic, integrated and prudent use of Nepalese water resources is carried out.

There are a few issues that have to be resolved. For example, the rehabilitation and resettlement of 1,600 displaced families should be undertaken in accordance with international standards and norms. Water withdrawal rights of the local people in this basin must be protected for the past as well as future use. For it to happen, any such plan should be made with wider consultation and consent of the people likely to be displaced, and the basic tenet of it is that their life and livelihood should be better off than the present level. In terms of employment, housing, property, cultural and religious rights, their mode of life should be strengthened and preserved. Therefore, the social, environmental and resettlement policy must be people-friendly and highly beneficial to the displaced families, which is yet to be finalised and accepted by the local community. The local people and the institutions should also get proper benefit from the project, and water entitlement and right of the upper riparian people should also be well defined and protected so that present and future use for drinking and irrigation facilities of the people is safeguarded. This will prevent potential disputes with local institutions and the federal entity, if it is established after the election of the constituent assembly.

Unless a full guarantee of the local interests is safeguarded and local institutions and people are happy, this project cannot move forward. Therefore, the developer should be prudent and liberal to protect and preserve the interests of the local people, and ensure that no adverse effect on the environment and livelihood of the people of the surrounding districts of the project is caused in any way. The legal, constitutional, socio-economic and technical issues and loopholes should be dealt with in a better way for ensuring the broader benefit of the local people. If SMEC is successful in its objective, then many private investors would queue up to invest billions of dollars in many hydropower projects in Nepal.

Trade balance

Nepal's rapid economic acceleration and development depend upon water resources development. If we are able to develop 4,000 megawatts of hydroelectricity and export them to India, then our Rs. 55 billion trade deficit would be balanced. Bhutan has been exporting around 2000 megawatts at the moment and will export an additional two thousand megawatts in the foreseeable future, giving a big boost to its economy. Once the smooth export of West Seti power is resolved, then the prospects of Nepal's development in the hydropower sector will also be opened.

Source: The Rising Nepal, August 22, 2007

Ethnic Nepalis And Bhutan's Citizenship Acts

Kazi Gautam

THE ethnic Nepalis residing in Bhutan have been facing different problems off and on. There is no peace and security, and the ethnic Nepalis have to succumb to different forms of torture. The government introduces policies and acts, brings them into force and amends them after a period of time. But all these acts are measures to exclude the Sarchhops (Nepali speaking people) from participating in governmental activities. The Druk government has always swindled the international community by appearing benevolent. Backed by the greatest democracy in the world, the Druk dictators have very easily succeeded in establishing "a clean relationship" with the outside world. This has always benefited the Bhutanese government. Although it has been preparing for the first general election to be held in 2008, and also towards establishing democracy, this move of the Bhutanese king plausibly needs to be read between the lines, as thousands of Nepalis within and outside the country have been excluded from obtaining citizenship.

Citizenship Acts

Among the different acts introduced by the government, the Citizenship Acts deserve special mention as they were intended to hit a hard blow to the ethnic Nepalis. The latter first migrated to Bhutan in the 19th century. Most of them became eligible for Bhutanese citizenship under the 1958 Nationality Law. Furthermore, from the mid-1950s, ethnic Nepalis began to establish them in different fields.The 1977 Citizenship Act increased the residency requirements for citizenship by 10 years: from five to 15 years for government servants and from 10 to 20 years for all other foreigners. The growing concerns about the threats posed by ethnic Nepalis to Bhutan's cultural identity were reflected in an additional requirement for applicants for Bhutanese citizenship to have "some knowledge" of the Dzongkha language and Bhutan's history. As the Nepalis had little or no knowledge of Dzongkha, this requirement was difficult to meet for them. The 1977 Act also very easily excluded the Nepalis to avail the opportunities to obtain the citizenship. It did not grant citizenship to anyone who had carried out activities against Tsawa Tsum (king, country and people). Following the country's first National Census from 1979 to 1981, citizenship was granted only to those identified as citizens according to the 1977 Act.

The Citizenship Act that followed the 1977 Act further tightened the requirements for citizenship. Under this new 1985 Act, a child automatically qualifies for citizenship if both parents are Bhutanese. This Act further complicated the process of obtaining citizenship through the naturalisation process. However, if one had resided in Bhutan on or before December 31, 1958 and had one's name registered in the Ministry of Home Affairs Census Register, he would be provided citizenship. There are certain points to be noted about the new census of 1988. This census was conducted only to add to the retroactive implementation of the 1985 Act. The census was conducted only in southern Bhutan. It excluded ethnic Nepalis from becoming naturalised citizens, as provided under the 1985 Act. Instead, the authorities restricted Bhutanese citizenship to ethnic Nepalis who had records, such as tax receipts, to prove they were residents in Bhutan in 1958 - 30 years before the census.The Bhutanese officials refused to accept residency records from 1957 or earlier, or from the years 1957 and 1959 to establish citizenship. They disregarded the citizenship identity cards issued after the previous census: the authorities classified people who could not prove residence in 1958 as non-nationals, "returned migrants", or other illegal immigrant categories, even if they possessed a citizenship card.

Along with the different Citizenship Acts, the king implemented various policies that were intended to exclude and, thus, expel the ethnic Nepalis. Eventually there was a mass demonstration in September and October 1990. Almost all participants were termed "anti-nationals", and thousands of them were detained. In the light of the above-mentioned points, one can figure out how fruitfully the government can carry out the developmental activities in the country. Majority of the Nepalis residing inside Bhutan do not possess citizenship. They shall never be allowed to exercise their political rights. The political parties that have been recently registered to participate in the country's election are, in fact, under the beck and call of the king. The refugee political parties have not been recognised till date.

Repatriation

It is also noteworthy that the politically-conscious people have been languishing in the refugee camps. The Druk regime always plays fast and loose if it is a question of repatriating the exiled people. Its erstwhile commitment to repatriate at least those refugees who fall under category one (genuine Bhutanese) is too far to come into effect. Instead, it has termed the peaceful and innocent refugees to be "highly politicised and terrorists". According to the agreements reached by the governments of Bhutan and Nepal, refugees in category two (genuine Bhutanese who are deemed to have left Bhutan voluntarily) would be allowed to return to Bhutan, but would have to reapply for Bhutanese citizenship. However, the provisions of the 1985 Bhutan Citizen Act would exclude most, if not all, people in this category.

Source: The Rising Nepal, August 22, 2007