Saturday, June 21, 2008

Self-Censorship In Refugee Reporting

By: T. P. Mishra
THERE are many ways representing encroachment in a media house, amongst which ‘self-censor’ also exists. The operation of media houses inside Bhutanese refugee camps came to public notice as early as 2000. During the initial days, Bhutanese media practitioners were less trained of professionalism in it. Most of the newspapers and other bulletins published during that period simply served as mouthpieces of political parties or other organizations.

Self-censorship
Bhutanese media sector in exile underwent a drastic change after the formation of Association of Press Freedom Activists (APFA) – Bhutan formally in 2004 comprising young and committed journalists. Since then new media practitioners were engulfed with the concept of maintaining balance and impartiality in the contents--be it newspaper, radio programs, or online they generated.

Now-a-days, some of the media houses such as the Bhutan News Service (BNS), owned by all independent Bhutanese journalists in exile are moving ahead abided by the standard ethics of journalism widely-practiced around the globe. They maintain professionalism in it, though untargeted for any financial profits. Following continuous ‘complications’ both inside and outside the refugee camps, Bhutanese media in exile is undergoing crucial phase in which they are abided by self-censorship.

On the other side, Bhutanese media in exile is under intimidation with the acceleration in the process for third country resettlement. There is divided opinion among individuals and various groups operating inside the refugee camps. When media covers issues related to repatriation, the other groups oppose it and when issues of resettlement are highlighted, pro-repatriation refugees term the media of being advocator of the United States that has coined the offer of third country resettlement.

Local authorities and other concerned agencies including some of the underground revolutionary outfits are also keeping continuous ‘vigilance’ on the Bhutanese media houses in exile. Now, journalists in exile fear to bring some of the issues of greater values to public notice due to existence of self-censorship within them. Besides, they have a sense of fear of being intimidated if they give coverage to such issues.

Of late, even local journalists in Jhapa are displaced from their regular reporting duties citing that they reported the issues related to ‘infiltration’ of non-Bhutanese in the refugee resettlement program. Bhupendra Timsina, Damak-based correspondent for Nepal Samacharpatra daily in an exclusive interview with Saranarthi Sarokar at Nepal FM 91.8 on Saturday June 21, said that separate gangs comprising both refugees and non-Bhutanese threatened him over telephone for reporting on infiltration of non-Bhutanese in refugee resettlement.

Timsina, who had written a news story regarding the infiltration of non-Bhutanese in the refugee resettlement program on June 8 in Nepal Samacharpatra, is mentally disturbed in returning to his normal duties. According to Timsina, attempts are underway from non-Bhutanese to fly to the US in the name of Bhutanese refugees and that a section of refugees are also involved in helping non-Bhutanese for such attempts.

However, in a joint statement issued on June 18, the US Embassy in Kathmandu and UNHCR strongly refuted such news reports thereby clarifying that such reports were unfounded. Here, the main concern is how could the gang threatened Timsina if attempts to ‘infiltration’ are not underway? While respecting the stance of both Embassy and Timsina, we can at least make a predicament that there are possibilities of infiltration even if such cases aren’t found till date. So authorities concerned should be alert in possible infiltration of non-Bhutanese in refugee resettlement.

Free Reporting
Thus, existence of self-censorship within journalists both inside Bhutanese refugee camps and in local areas is still reflected in many forms which should not have happened in democratic country. Free and fearless atmosphere should be created at the earliest so that the journalists are given chances to exercise their right to reporting after erasing the sense of self-censorship within them.

Right to Information Act – Power to the People

Source: www.kuenselonline.com
21 June, 2008 - The Right to Information Act, once passed, will allow ordinary Bhutanese to be informed and get a responsible, transparent and accountable government. Though the Act was drafted in 2007, the cabinet is yet to introduce it in the Assembly. “Information is absolutely critical for fighting corruption and the government should introduce the act and enforce it at the earliest date possible,” said the chairperson of the anti corruption commission (ACC), Neten Zangmo.

“The Right to Information Act will allow a fair and just system, sensitise the administrative machinery and empower the people,” said the chief justice, Lyonpo Sonam Tobgye.

On the origins of RTI Draft Act, the chief justice, who headed the drafting committee said, “His Majesty the Fourth Druk Gyalpo in his great wisdom had earlier asked that the draft of all major acts be ready before the constitution is passed.”

Under RTI, any Bhutanese can go to any government agency and ask for official information, which the agency has to provide within a certain time period or face prosecution in court. For example, a farmer can question the executing agencies on how exactly money was spent for his water supply. “RTI is therefore an enforceable public right to access information in possession of any government ministry, department, nationalised industry, public corporation or any other organisation substantially financed by the government,” said Lyonpo Sonam Tobgye. “Information here pertains to all written papers, documents, drawings, electronic, photographic, film, audio and physical records, including all records of all administrative decisions.” The government agency would not be allowed to question the person seeking information or set conditions for giving information.

“The only exempt information shall be those affecting the security and sovereignty of the nation, personal information with no relation to public activity, protected intellectual property rights, prohibition by court order and prohibition by another act which mentions this act, substantially diverts public resources and interferes with lawful functions,” said Lyonpo Sonam Tobgye.

He said that the clauses could also not be misused by any authority to deny valid information. “Apart from national security issues, the police and the courts will also come under this act,” said Lyonpo Sonam Tobgye.

Under the Act, it will be mandatory for every government agency to set up an information cell headed by an information officer. The responsible ‘public authority’ under the act will be the head of the public authority itself. So it is likely that, in the case of ministries, the public authority will be the secretaries, according to the chief justice.

“The public authority will also have to make available to the public an annually updated detailed organisational and operational statement that describes its structure, functions, budget, decision making procedures, powers, laws, all categories of official information, advisory boards, telephone directory of all employees, facilities for obtaining information, policies, receipt of concessions and permits granted by it,” said Lyonpo Sonam Tobgye.

The public authority will also have to maintain all information in an organised and easily reproducible manner and provide it in the desired format at the cheapest cost possible. “The public authority will also have to submit to the prime minister an annual report on the compliance of the authority with its obligations under the Act,” he added.

“All information will have to be furnished within 30 days from application and an extension of 15 days will only be granted if information asked is of a large volume of records affecting government function, consultations needed to clear the request and also to protect any government interest or rights of any person,” said Lyonpo Sonam Tobgye. He also said that a maximum three-month extension would be possible in exceptional cases like a national calamity of large proportions. But any extension or denial would have to be submitted in written form by the public authority. “If any information is not provided within time or any reasonable extension not applied for in writing, then it can be taken as denial,” said the chief justice.

“In case of denial of any information, the court can be approached which will decide the case under the civil and criminal procedures code of Bhutan on the lines of administrative adjudication, liability for damages, denial of information and contempt of court,” said Lyonpo Sonam Tobgye.

On introducing the Act, Lyonchhen Jigmi Y Thinley did not commit to a specific date but said that the current acts were taking longer than expected to be passed and also that the cabinet would have to discuss the RTI Act before introducing it.

The minister for works and human settlement, Lyonpo Yeshey Zimba, said, “The Act is important for democracy, fighting corruption and keeping people informed.”

“However, since RTI is a fundamental right, even if the government has not passed the act, anybody can go and apply for information and, on being denied, can move the high court, which in turn can ask the government to fulfill its constitutional obligations,” said Lyonpo Sonam Tobgye. The RTI is already a fundamental right given under the constitution to every Bhutanese citizen.

He also said that the powers of judicial review will make sure that the basic framework of RTI and the constitution supporting it cannot be changed.
By Tenzing Lamsang
http://www.kuenselonline.com/modules.php?name=News&file=article&sid=10611