ICJ urges government to repeal media ordinance

December 14, 2005
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As the newly promulgated media ordinance is facing criticism from national and international organizations, the International Commission of Jurists (ICJ), criticized the media ordinance and asked the government to repeal it immediately.

In a report released on Tuesday, the ICJ said that the Media Ordinance is in violation of Nepal’s international human rights obligations and the Nepali Constitution and called on the government to immediately to repeal it.

“The Ordinance seeks to provide a legal cover for unlawful practices and restrictions used by the government to suppress freedom of the media and the right of Nepalis to receive information,” the report quoted Nicholas Howen, ICJ Secretary-General, as saying.

“Since its promulgation in October, the Ordinance has been used to justify raids on radio stations, seizure of radio transmission equipment, enforcement of restrictions on broadcasting news and detention and harassment of journalists,” the report says.

The report describes how through the Ordinance, the government is trying to roll back some successes journalists have had in defending their legitimate democratic space to speak and write. “The Ordinance severely limiting access to foreign media and enabling the government to bar journalists from working professionally,” the report adds.

“The purpose of the Ordinance seems to be to close down critical media, rather than legitimately regulating the media,” the report quoted Nicholas Howen as saying.

The ICJ in the report welcomed the Supreme Court’s two interim orders instructing the government not to enforce aspects of the Ordinance.

The report added that the ICJ is disturbed by media reports that that the Maoists have violated their 12-Point Understanding with the seven-party alliance by harassing a group of journalists, seizing their media equipment and abducting Ram Dahal, a UNDP programme coordinator, in Taplejung district on 1 December and called the rebels to take immediate steps to put their commitment to respect human rights and press freedom into action.

The Supreme Court is examining a number of cases related to controversial media ordinance formed on October 9, which puts fresh curbs on free media of the country.