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Attempts are being made to curtail freedom of speech in Nepal as citizens are being persecuted for criticizing leaders from the ruling parties.

RSS files

Kathmandu: On August 31, Nepal’s Prime Minister KP Sharma Oli expressed the commitment of the government for strengthening democracy and constitution. Oli, during his speech, also expressed a strong commitment to establishing a full democracy in Nepal.

However, in contradiction to Oli’s own speech and to democratic norms and values, his government has arrested five youths who protested against top political leaders, including himself, demanding accountability for corruption and malpractice.

On August 26, police arrested three youths from Kathmandu. The next day, two more youths were arrested from Dhangadhi. Their offense: criticizing the government.

During the Gaura festival celebration in Tundikhel, a few youths chanted slogans against Prime Minister Oli, and former Prime Minister Sher Bahadur Deuba. The next day, Nepal Police, identifying them through videos circulated on social media platforms, arrested, interrogated, and kept them in custody. On August 28, the Kathmandu District Administration Office ordered the police to keep them in police custody and investigate for offenses breaching social harmony. Later, they were released on bail. 

In another case, two youths—Pratik Joshi and Racheet Sarkar Shah—from Dhangadhi were arrested for writing on Facebook seeking accountability. 

Taking to Facebook on August 27, Joshi, while welcoming Minister for Foreign Affairs Dr Aarzu Rana Deuba, who was due to arrive the next day to Dhangadhi, wrote: “The country is in real crisis and people are in trouble… is this what happens in your democracy?”

Within its first 50 days in power, Nepali Congress-CPN-UML coalition government has started to gag the freedom of expression, with citizens harassed, and even arrested for criticizing leaders from the ruling alliance.

On the same day, Racheet Sarkar Shah had posted a status on Facebook criticizing Minister for Foreign Affairs Arzu Deuba Rana. He had raised several questions including: “Don’t you feel ashamed not to be able to do anything substantial even while being the PM for five times, Mr Deuba? Don’t you feel ashamed to appoint someone involved in the fake Bhutanese refugee scam as the minister? Don’t you feel ashamed not to take any action by the party to the former home minister who was jailed on the same refugee scam?  Don’t you feel ashamed to make a person who you earlier said was the leader of Giri Bandhu Tea Estate scam the Prime Minister?

Shah’s questions were directed toward Congress president Deuba and Foreign Minister Arzu Rana Deuba. 

Pratik Joshi recounted with The DMN News  how he and Racheet were harassed and interrogated by police. “We [Pratik and Rachit] were in Hungry Cafe.  Police personnel in plainclothes came and asked us to go to the police station. We asked why and they said it was for enquiry,” Joshi said. “They took us to the District Police Office and said we were being taken there to discuss political matters.  There we were taken to the office of DSP (police officer).  And they asked us questions such as: What is your political affiliation? Who did you vote for?”, Joshi said. “Then we were put inside the lockup. We were put under police control for about five hours. And they made us sign a paper which said we would not commit any type of activities, physically, orally or through symbols, that disturb peace and security. And then we were released.”

In yet another similar incident, a youth was arrested for writing on Facebook that PM Oli is “corrupt”. Police have filed a chargesheet of cyber crime against Ramesh Bahadur Rawal, 21, as per the Electronic Transactions Act. 

Rawal was arrested by the District Police Office, Sindhupalchowk and handed over to the Cyber Bureau of Nepal Police, reported Naya Patrika daily. He was released on Tuesday (3 September 2024) on bail. Deepak Raj Awasthi, Superintendent of Police (SP) and spokesperson at Cyber Bureau of Nepal Police, however, claimed that Rawal was arrested for misusing Artificial Intelligence to produce photos and videos. The arrest was made to inform the public about consequences of misuse of AI, he added. Observers, however, do not agree on the police claims.

These instances show that the government has taken stringent approaches under the pretext of maintaining social harmony and cohesion. Commentators are concerned that the government is making deliberate attempts to curb people’s right to freedom of expression.

The recent trends show that the government has been weaponizing the Electronic Transaction Act against opposing voices. This is against the notion of democratic values and civil rights and liberties, said Tara Nath Dahal, Chief Executive of Freedom Forum-Nepal, an organization that works to uphold free speech and democratic principles. 

The government is misusing the Electronic Transactions Act 2007. Freedom of expression must be upheld, unless it involves hate speech. However, the cases of the government misusing this act are increasing, and this is alarming, he shared. 

“It is becoming clear that the government is intolerant of criticism, and it is silencing voices through an outdated and irrelevant law. What needs to be understood is that public officials should be open to criticism, as listening to diverse voices is essential in a democracy,” said Dahal.

In Nepal, those in public office often misuse the Electronic Transactions Act and the police administration to shield themselves from criticism. This is a clear abuse of power. The police should be addressing actual crimes, not interfering when people are simply exercising their right to free speech.

Globally, exceptions aside, free speech is not criminalized unless it crosses into hate speech. In a functioning democracy, freedom of expression should be protected and not suppressed under outdated laws, he added.

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Disregard for right to freedom of expression and opinion: Santosh Sigdel

Recent incidents highlight a growing disregard for the right to freedom of expression and opinion by political leaders, state authorities, and law enforcement agencies in Nepal. In the Tudikhel case, the youths’ expressions did not pose a clear and present danger to public order, yet a former Prime Minister publicly incited action against them. The youths were arrested the following day. It was clear that their action did not cause any public disorder.

In Dhangadhi, state authorities appear to have engaged in the surveillance of individuals critical of the government. No formal complaints were filed against the youths posting on social media. Detained for questioning, they were handcuffed while being taken to the hospital for a health check-up. Reports indicate that the police inquired about their political affiliations, including which party they voted for, violating their fundamental rights to privacy and a fair trial.

Similarly, in Sindhupalchok, criticism targeted a political leader or Prime Minister. Public figures, including political leaders, have voluntarily entered public life and must be open to public criticism. If they feel defamed, they should pursue legal recourse. The government has a positive obligation to promote freedom of expression and remain open to public criticism. However, current trends suggest that political leaders and the government are unwilling to listen to criticism.

(Santosh Sigdel is Executive Director at Digital Rights Nepal)