Discussion: Situating Civic Space in Bagmati Province

The Center for Media Research- Nepal (CMR-Nepal) organized a discussion program on 14th September, 2021. The virtual event was participated by Bagmati Province parliament members, Communication Registrar, government officials, CSO experts, advocates, NGO workers and journalists in the province.

Presenting the discussion paper, media expert Bhuwan K.C. highlighted the issues and concerns related to civic space in Bagmati province. He pointed the laws passed by the Province Assembly still contains provisions that are the constitutional provisions. The provisions of law to cancel the registration in the media related law could be a means to control the press needs to be amended.  K.C. highlighted the need to amend the provisions that criminalizes journalists just for writing news.

He pointed out that the Bagmati Province is amending the law limiting the power of Communication Registrar that could limit the financial and administrative rights. If this is done, the position of registrar will be ceremonial, it is necessary to rethink of such amendments that it being introduced.

He also highlighted the need to rethink about the NGO registration in all the levels of the government which could affect the civil society functioning. He informed that only 24 per cent of local government has made laws related to media out of 119 local government in the province.

Speaking at the program, Communication Registrar Rewati Sapkota informed that there are problems with the decentralization of power between province and federal government, has resulted to practical problem to run the media as license renew is done by province and equipment renew is done by federal government.

With respect to limit the power of press registrar in the province he was of the opinion, “If the power of registrar is limited, it is better not to recruit the Communication Registrar.”

Chairperson of Bagmati Province Affairs Committee,  Madhav Prasad Poudel said that their team had worked to establish Press Registrar who are out from the government employee. Poudel was of the view that they look into the amendments of the Act that try to limit the power of Communication Registrar. “If we limit the power of communication registrar, the basic thrust of the law will be useless,” he emphasized.  Pouel was positive towards amendment in the bill to decriminalize journalists.

Buddha Saran Lama of NGO Federation Bagmati Province outlined the need to scrap the 2034 NGO registration which is still functioning. He said that Bagmati Province made the laws on NGO registration and there are flaws in the laws that needs to be changed.

Rajendra Sharma, Central Member of NGO Federation said that there is less progress towards improving the situation of NGOs in the region , where he is not positive towards that the laws will be formulated that supports development of NGOs.

Deepak Niraula chief Whip of CPN- UML, emphasized the need of freedom of expression but there is limitation to freedom. He was of the view that those who over step the limitation needs to be controlled. He also criticized the media, where he has experienced media being misused in several instances, that was the reason why the provisions of punishment was required in the law.

Province Parliament Member Ramesh Poudel Bibeksheel Sajha Party said that the journalists should be proactive in reporting on parliamentary affairs and be vigilant towards laws that shrink civic space, which needs to be brought to public domain.

Advocate Rishi K.B of Makawanpur Nepal Bar said that it was necessary to formulate laws taking into consideration that the laws can be applied. He pointed out that it is necessary to regulate the communication sector where misuse of media in the present context has been found.

Pratap Bista former chair of Bagmati Province FNJ, pointed out that the political leaders have less understanding on the media issues. If there is problem in the political situation it creates problem in the journalism sector.  The problem of social media has hampered the media sector and further caused problem in understanding the journalism that comes in this media.

Sunil Khadka, FNJ Central member said discussing and participation with stakeholders is main weakness towards making of media related laws. The policies are introduced in such a way that it is very difficvutl to implement, he added. “We have suggested the Province government not to operate media on its own, but this fiscal year Rs. 10 crore was separated,” Khadka added.  He observed that the province government’s role to weaken the Communication Registrar in the province.

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