April 6, 2012
Dr. Baburam Bhattarai
Prime Minister of Nepal
The Office of the Prime Minister and Council of Ministers
Singhadurbar
By facsimile: +
977 1 4211 086
Dear Prime Minister:
The International Fact Finding and Advocacy Media
Mission to Nepal that met with you in February has finished
its review of specific provisions
from the country's draft constitution that the Constituent Assembly will
finalize by May 28. As one of the groups on the mission, the Committee to
Protect Journalists urges you to encourage the assembly to incorporate the
group's recommended
changes before the constitution is finalized. The review and recommendations
pertain to freedom of expression, the right to information, and freedom of the
press.
In a 2011 analysis
on Nepal, CPJ noted that political in-fighting has encouraged anti-media
attacks, and that a failure to address violence against journalists both before
and after the 2006 peace accord has
established a deeply entrenched culture of impunity
in the country. On the mission, we were encouraged by our interactions with
representatives of Nepal's vibrant press, and by your own express wish to
ensure that the constitution holds the strongest possible protections for journalists'
rights.
We also welcome the explicit guarantees of
media freedom already included in Article 4 of the draft constitution. However, in its current form, the
draft allows potential legal restrictions on the mass media, including censorship
of expressions deemed to be treasonous, according to the mission's review of
the draft. CPJ believes these grounds are vague and open to abuse, and we
support the mission's recommendation that the constitution be amended to ban
all kinds of censorship.
"International law regards any form
of prior censorship with the greatest suspicion," the mission's review noted
(original emphasis).
We urge you, along with party leaders and members
of the Constituent Assembly, to comply with the mission's suggestions for
revising these provisions, and thereby strengthen the guarantee of media
freedom in accordance with international standards. We further support the
mission's recommendations on freedom of expression and the right to information
and believe that adopting all of these changes will create a more transparent environment for the
media as well as for Nepal's fledgling democracy.
Thank
you for your consideration.
Sincerely,
Joel Simon
Executive Director