A Joint Statement by the Asian Human Rights Commission and CIVICUS
The state of civic space in Nepal is rated as ‘obstructed’ by the CIVICUS Monitor. Documented violations of fundamental freedoms include arbitrary arrests and the use of excessive force with impunity during protests, as well as the ongoing targeting of journalists, including through harassment, attacks and criminalisation. There are also concerns about online restrictions, especially the use of the Electronic Transactions Act 2008 to stifle dissent.
Nepal’s long-awaited transitional justice law, adopted by the lower house of parliament on 14th August 2024, incorporates many positive provisions that could help in advancing justice, accountability and redress for the widespread human rights violations and abuses committed during the 1996-2006 conflict. At the same time, human rights groups have raised concerns around some shortcomings in the bill.
In recent months, the police have arrested individuals for protests against government leaders and activists demanding justice. There has been ongoing persecution of individuals for their online criticism of politicians using the draconian Electronic Transaction Act 2008, while journalists were threatened or arrested for their reporting.
Peaceful Assembly
Youths arrested for chants against political leaders
Three youths were detained for chanting against the Prime Minister and senior leaders in August 2024.
According to Freedom Forum, Gopikrishna Jaisi, Dipak Thagunna and Ram Bahadur Budha were arrested at the Gaura festival celebration event held on 26th August 2024 in Tundikhel, Kathmandu. During the event, a group of youths protested, chanting slogans like “KP is a burden, who has invited pain and suffering …leave the country!”
Prime Minister K.P. Sharma Oli, President of Nepali Congress party Sher Bahadur Deuba, Minister of Culture, Tourism and Civil Aviation Badri Prasad Pandey, Minister of Forest and Environment Ain Bahadur Shahi and Minister of Industry Damodar Bhandari were present at the event.
Superintendent of Police at District Police Office, Kathmandu, Navaraj Adhikari informed Freedom Forum that the youths were detained and kept in police custody. They were investigated for causing ‘offence against public peace.’
Taranath Dahal, the Executive Chief at Freedom Forum, said: “Arresting and detaining citizens merely for protesting against government and leaders is a sheer violation of their freedom of expression and right to peaceful protest. This act is a severe misuse of the state’s position and power”.
Police arrest activists demanding justice
There were reports that police had arrested activists protesting to demand justice against the perpetrators involved in the alleged murder of two women from Nepalgunj.
As previously documented, a group of women from Nepalgunj in Banke led by human rights defender Ruby Khan had been staging a protest in the country’s capital Kathmandu since December 2022, seeking justice for Nirmala Kurmi, who has been missing since 2010, and Nakunni Dhobi, who died in July 2021. The activists allege that both cases relate to attempts to forcibly acquire the victims’ land. During this time, they had faced harassment and arrests.
On 6th September 2024, at least eight protesters, along with Ruby Khan, were arrested at Maitighar Mandala in Kathmandu. They were detained while attempting to enter the Singhadurbar area.
On 5th October 2024, three protesters including Ruby Khan were detained from the southern gate of Singha Durbar. A team of officials from the Kathmandu Valley Police Office (KVPO), Ranipokhari, arrested the trio for protesting in a restricted area. They were kept in detention at the Police Circle, Singha Durbar.
On 29th October 2024, the group suspended their protest following a three-point agreement with the Ministry of Home Affairs. The government agreed to expedite the investigation into the abduction, unlawful confinement and murder of Nirmala Kurmi, to reassign former investigating officers as necessary to assist with further inquiries and to ensure the security of the protesters and their families, with directives issued to the Nepal Police Headquarters and the District Administration Office in Banke.
Police crackdown on protests by supporters of politician
Nepali police fired water cannon and tear gas at protesters loyal to former deputy premier Rabi Lamichhane on 20th October 2024, as he appeared in court.
Police said thousands of people took part in the protests, with baton-wielding officers blocking off areas around the district court. Protesters chanted slogans against Prime Minister KP Sharma Oli, claiming the charges against Lamichhane were politically motivated.
Rabi Lamichhane faces charges of fraud and organised crime related to the alleged embezzlement of funds from a financial cooperative before he entered politics. Lamichhane rejects the charges, which his supporters say were trumped up. He shot to political power in November 2022 with his Rastriya Swatantra Party and became the deputy premier and interior minister. But he was sacked in January 2023, after Nepal’s top court barred him from office for failing to regain citizenship after giving up his US passport.
On 5th November 2024, police detained seven protesters from the Rabi Lamichhane-led Rastriya Swatantra Party (RSP) in Pokhara. The police used tear gas when protesters attempted to breach a restricted area.
Expression
Persecution of individuals for online criticism
Digital Rights Nepal reported cases of individuals targeted under the Electronic Transaction Act 2008 for their social media activity,
Ramesh Bahadur Rawal, a 21-year-old employee from Keystone Hospital in Barhabise, Sindhupalchowk, who posted a Facebook status calling Prime Minister Oli as corrupt was arrested on 16th August 2024 and charged with spreading public hatred. He was later released.
On 21st August 2024, Man Bahadur Karki was arrested in Kathmandu for posting content on Facebook deemed ‘harmful to social harmony’. SP Deepak Raj Awasthi from the Cyber Bureau stated that Karki’s posts violated Section 47 of the Electronic Transaction Act.
In August 2024, two youths were arrested for their critical comments online. According to Digital Rights Nepal, Kailali police arrested the two youths from Dhangadhi for allegedly posting comments on Facebook on Nepali Congress President Sher Bahadur Deuba and his wife, Minister for Foreign Affairs Arju Rana Deuba. Rachit Shah criticised Deuba for his alleged inaction during his five terms as Prime Minister, his failure to address the Bhutanese refugee scandal involving a former Home Minister, and his support for appointing as Prime Minister an individual accused in the Giribandhu scam.
Pratik Joshi and Rachit Shah were detained by the District Police Office on 27th August 2024. The youths were handcuffed and were released after few hours after signing an affidavit that they would not engage in anything disrupting public peace.
On 2nd October 2024, the District Court of Kathmandu issued an arrest warrant against medical practitioner Durga Prasain for violating the Electronic Transactions Act (ETA). Prasain faces accusations of making defamatory statements and urging the public to refrain from repaying bank loans.
The Electronic Transactions Act 2008 contains vague provisions that have been misused to stifle freedom of expression. This provision is overly broad and has been used to target journalistic work and social media posts, resulting in legal actions against journalists and social media users that restrict online expression.
Journalists targeted for their reporting
Journalists in Nepal have continued to be arrested or threatened for their reporting.
According to the International Federation of Journalists (IFJ), Nepal Ground Zero investigative reporter Subhak Mahato was reportedly threatened on 10th August 2024, with the journalist receiving multiple calls from an unknown number warning him to stop his reporting on alleged corruption in the construction of some Nepali airports. Mahato claims the investigation implicates the Director General of the Civil Aviation Authority of Nepal (CAAN). Despite filing a report and providing an audio record, the Nepal Police investigation into the death threat has yielded no arrests or concrete progress.
Bijay Shah, Editor-in-Chief of Dastak Khabar, a local online news portal in Siraha District, Madhesh Province, was arrested by police on 18th October 2024 for reporting on vulgarity at a cultural programme. Shah was taken into custody from his office in Lahan Municipality and released after spending two days in detention. Shah said he was subjected to psychological pressure and his phone was seized by the police.
In September 2024, The Federation of Nepali Journalists (FNJ) expressed serious concern over the attempt by police to arrest President of Press Chautari Nepal, Ganesh Basnet over a news report. The cyber bureau said the police tried to forcibly arrest Basnet as he was participating in a discussion programme held at a hotel in Kathmandu.
Ban on TikTok lifted
On 23rd August 2024, Nepal lifted its ban on Tik Tok after nine months following a decision by the Council of Ministers.
After internal discussions and negotiations with TikTok, the company agreed to comply with certain conditions and follow all local rules and regulations.
In November 2023, Nepal banned TikTok. Rekha Sharma, Minister for Communications and Information Technology, said the decision was made because TikTok was consistently used to share content that ‘disturbs social harmony and disrupts family structures and social relations’. The decision to ban TikTok was widely criticised as an attack on freedom of expression.
Digital Rights Nepal (DRN) urged the government and TikTok to reveal the terms and conditions under which the ban was lifted. The groups also called on the government to refrain from imposing blanket bans on platforms in the future, as such actions pose a significant threat to citizens’ freedom of expression.
