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Rule of Law to Ensure Safety of Journalists and Combat Impunity - Yek Raj Pathak
- 1. Rule of law to ensure Safety of Journalists and Combat Impunity A Presentation By Yek Raj Pathak Lecturer, MA MCJ
- 2. Rule of Law Individuals, persons and government shall submit to, obey and be regulated by law, and not arbitrary action by an individual or a group of individuals.
- 3. Impunity The term that is understood as a failure to bring perpetrators into justice system, which perpetuates the cycle of violence against the society and individuals. Impunity not only impedes the path of justice, but it also reinforces future threats to press freedom. Attacks against media professionals should be regarded as abuses against the society at large as they violate the fundamental human right to freedom of expression. William Horsley, Media scholar
- 4. Freedom of press The right of publishing books, newspapers or periodicals and broadcast news and views from electronic media without restraint or censorship subject only to the existing laws against libel, sedition, and indecency.
- 5. Status of press freedom Preamble of the constitution 2063 Article 15, fundamental rights Press and publication Act, 2048 National Broadcasting Act, 2049 Working Journalist Act, 2o51 Right to Information Act, 2064 Communication policy Is being drafting Labor court
- 6. Violation Types • Manhandle and Verbal Abuse • Arson and Newspaper Burning • Obstruction- Journos barred from entering public program • Rape Attempt • Sacking • Arrest • Vandalism • Seizure
- 7. Some events of the year Despite the year of the general election, the incidents of press freedom violation have radically declined in Nepal. A total of 52 press freedom violations have been recorded the monitoring period- a year from May 2013 to April 2014. Last year, the violations stood 131. The improvement is because of comparatively stable politics the country had. Source: Freedom Forum
- 8. Who are against free press? • Political cadres • Security Persons (Nepal Police, Nepal Army) • Businesspersons • Government Employees • Goons • Unknown Persons • Attack- injury, murder attempt, attack • Threats- threats of physical attack, death threats
- 9. Now Impunity is not fully ended but the independent judiciary and Labor court has helped a lot to reduce it. Various journalists arrested by security agencies have been released due to prompt action of the courts. So, the level of impunity is positive to some extent. • Attacks on media is decreasing • Labor court established a precedent • Media are united against their violence • Professionalism is developed • Media laws are being reformed • No special law for media security
- 10. What to do? • Nepal is still in transition • Ensure press freedom in new constitution • Needs effective vigilance • Monitor media situation periodically • Maintain transparency in investment • Punish who attacks media • Fight against impunity