The Supreme Court (SC) on Tuesday issued stay order in the name of Nepal government not to impliment its decision to classify 140 kinds of information till 5 February 2012, and ordered defendants and plaintiffs to be present before it for a dicussion on whether the decision should be stayed until there is a final decision. 

An incident of press freedom violation has made Freedom Forum gravely concerned. The incident occurred in Dhankuta, eastern hilly district on January 29, 2012.

Security persons took 36 journalists under control for four hours while the latter were for the new coverage about the program attended by the Prime Minister. They were also with black armbands as a peaceful protest against the recent classification of information by the government.

In the name of protecting information, the government has given directive to all ministries to keep 140 types of information confidential which obviously suppress people's right to information (RTI).

At a time the country is gradually gaining the ground for RTI regime, the government move to keep many types of information secret is a move to promote corruption and malpractice.

Moreover, taking under the journalists, the police persons violated the press freedom thereby depriving people of getting true information on time.

The journalists were in a very peaceful protest, the protest against the unjust government move to classify information.

Similarly, they were in the program attended by the Prime Minister, most important and responsible person to ensure rights to all citizens including journalists. But police showed lowly manner by taking them under control for four hours.

"It shows how irresponsible the administration is towards press freedom which is a must in a democratic state. On the other hand, the government is trying to be oppressive to the RTI laws thereby being non-transparent in its behaviours," said Freedom Forum Chairman Taranath Dahal.

Freedom Forum, therefore, condemns the incident and urges the Prime Minister to become responsible towards people's right to information and respect journalists' rights to make news and peaceful protest against administrative malpractice. The security persons should also be meted out punishment.

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Krishna Sapkota
Executive Director
Freedom Forum

 

In a bid to discuss the ways to challenge the government's recent act of classifying information against the spirit of the Right to Information Act-2007, Freedom Forum organized a stakeholders' meeting in the capital city, Kathmandu,  on January 27, 2012 bringing together around 75 individuals representing civil society, human rights, media and legal sector.Almost all speakers in the discussion censured the government classification terming it an attempt to conceal information in the name of protecting information.

Citing the news in the media that Nepal Government determined the categorization of the information about the public bodies as per the clause 27 of the Right to Information Act 2007, the Freedom Forum Chairman Taranath Dahal on January 10 drew the attention of Chief Secretary, and sought information on the following:

a) The criteria of the categorization of the information is to be set as per the sub-clause 2 of clause 27 of RTI Act 2007. According to this provision, the criteria set only for the protection of the information related to the sub-clause 3 of clause 3 of the Act. Therefore, all public bodies need to inform people about the information that are kept confidential as per the sub-clause 3 of the clause 3 of the Act. However, the information about this has not been provided. Therefore, the prior information is sought on- why and for which information the criteria for categorization was set, and also the information if it was being reviewed as per the sub-clause 6 of the clause 27.
b) Provide information about the officials assigned in the information protection committee as per the sub-clause 1 of clause 27 which has assigned various official for protection of different data. Also provide the detailed information how and what the committee members set as criteria.
c) We are for the transparency and legal measure while categorizing the information.
d) If new criteria were set for categorization of the information, provide information to the public what the committee decided on this including the process. Once it was provided, it would pave the way for review as per the sub-clause 3 of clause 27 of the Act.

 

 श्रीमान मुख्य सचिवज्यू,

नेपाल सरकार

In a bid to make the political parties transparent and accountable, the Freedom Forum has launched a campaign by seeking information with the political parties representing in the parliament.

The Right to Information (RTI) Act 2007 has defined political parties as public bodies, so they are obliged to proactively disclose information of their entire activities in a routine manner.

Premised on this very provision of the RTI Act 2007, right activists in the Freedom Forum sought the following information with the parties:

1. Name of information officer in the central office of the party, his telephone number and email.

2. What is the official media to disseminate the news and information about the party? Does the party have any mouthpieces, website, newspaper, radio or notice board (citizens' charter)? If any, information about this.

3. Has the party formulated any formal policy on dissemination of information? If formulate, copy of the policy.

4. What is the total number of the members in the party? Is the membership of two or more types? If any, what are these and the information about these.

5. How many staffs does the party have for full time? Information about this.

6. Are there any leaders and office bearers receiving regular perks and benefits? If any, provide information about the monthly perks and benefits to them.

7. Does the party get regular donation in addition to its members? If gets, give information about those providing more than 20,000 donations in the recent three years.

8. Has the party invested in any business, hospital, media, cooperatives, bank, finance, school, college, commercial building, transport service, and share in any firm?  Detailed information about this.

9. Information about the fixed asset (land, house etc) of the party and the party using.

10.  Does the party carry out annual auditing? If carries out auditing, provide copies of the reports of the auditing of recent three years.

11. Copies of the party's statute, regulations, directives and other policy level documents.

The political parties are not only public bodies but also the entities to propel the agenda of transparency and accountability. Therefore, the parties are urged to provide information by internalizing the essence and emergence of the RTI as a tool to foster people responsive governance.

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Krishna Sapkota
Executive Director
Freedom Forum

Yet again, the Freedom Forum has moved to the Nepal Oil Corporation (NOC) on December 27, 2011, seeking information on free distribution of petroleum products to various public bodies and persons.

As per the Article 9 (1) of the Right to Information Act 2007, Freedom Forum Chairman filed again the application addressing the Executive Director at the NOC after the Information Officer denied information demanded on December 6, 2011.

Chairman Dahal had filed the application in the NOC on December 6, 2011, seeking the following information:

a)    Complete details about the free coupon of petroleum products distributed to the persons/offices by the NOC since July 17, 2006 till date (name and address of the persons/office getting petroleum products, amount provided and petrol pump and date)

b)     On which basis the NOC has provided the free coupon; photocopies of any policy documents or guidelines or decision if has any

c)    Amount of the petroleum products and LP Gas the NOC purchased and sold, and details of purchase and retail prices since July 17, 2006 (separate purchased amount and sale  prices of each time with clear date)

The registration number of the application in the NOC is 8654.

As the NOC is a public body, every Nepali citizen has the ownership on it. Its administrative and financial activities must therefore be transparent to all Nepalis.

The registration number of the application filed on 27, 2011 is 8260.

 

The Freedom Forum filed an application in the Ministry of Foreign Affairs on December 26, 2011, seeking information about the government efforts made in the process of ratification of the statute of the International Criminal Court (ICC).

In line with the Right to Information Act, Freedom Forum Chairman Taranath Dahal, for the study, filed the application in the Ministry seeking the photocopy of a report submitted to the then Deputy Prime Minister and Minister for Foreign Affairs on December 14, 2006 by a study team formed by the government as per the directive of the House of Representatives on October 18, 2006 to ratify the ICC statute which is also known as the Rome Statute.

Also sought along with this are the information and details about the activities the government is carrying out for the endorsement of the Rome Statute like when the government is presenting proposal in the Legislature-Parliament to this regard.

The registration number of the application is 1766.

 

The Freedom Forum has been concerned over the recent war between the court and press.

The court and press entered the war path after the contempt of court case was filed at Biratnagar Appellate Court against the Nagarik daily, published by the National Republic Media, on December 21 over the news it published about Appellate Court's decision to release an accused involved in an abduction case.

President of Biratnagar chapter of Appellate Court Bar Association, Kumar Bhattarai, Morang Chapter president Devendra Koirala and Appellate Court Bar Association Sunsari chapter president Hemraj Pokhrel jointly filed a contempt of court case in which Nepal Republic Media Pvt. Ltd, its managing director, director, editor, and Nagarik's Biratnagar based reporter Khilanath Dhakal and Morang SSP Pradyumna Karki were named defendants.

In the meantime, taking up a contempt court application, the Biratnagar Appellate Court on December 22 ordered Dhakal and Superintendent of Police Pradyumna Karki to appear before the court within three days.

A division bench of Judges Kumar Chundal and Shiva Narayan Yadav also ordered Editor-in-Chief of Nagarik Narayan Wagle and the publisher to appear before the court within seven days.

This is very much serious and we are cautious that the recent development would not curtail the scope of freedom of press and expression in Nepal.

"Public scrutiny of the judicial authorities is the best guarantee for the fair justice system. Merit of court verdict is always the subject of public criticism otherwise it could lead to the situation where the court might also be autocratic in the administration of justice. Therefore, the court should also restrain patience and respect the criticism rendered to its works and verdicts," says Taranath Dahal, Chairman, Freedom Forum.

He added that the press should also not be that much vocal to the courts orders and proceedings in a superficial and partial manner. Consequently, it will not only create difficulty in the proceedings of the courts but also ruin the independence and importance of the court.

Freedom Forum is always for the harmony between the court and press with equal esteem and urges the concerned sides for the same.