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The decision of the Civil Aviation Authority of Nepal (CAAN) to seek clarification over news published in Annapurna Post daily is an attack on freedom of speech and expression, experts have said. 

They are of the view that CAAN, a regulatory body of Nepal’s civil aviation sector, is not authorized to seek clarification on the issues related to news stories. Of late, Post and its sister publications had been publishing  a series of stories regarding the new rules of CAAN that are discouraging the aviation sector.  

Balkrishna Basnet, chairperson of Press Council Nepal, says it is the council’s jurisdiction to examine the authenticity of news, not CAAN’s. “The letter issued to Annapurna Media Network by CAAN seeking clarification about news stories is unacceptable to the media fraternity.”

There is a constitutional and legal provision enabling responses to media reports. If such responses are not published, individuals can lodge complaints with the Press Council Nepal. 

 “The Press Council will carefully examine and inquire into instances where the media’s published materials do not meet expectations,” says Basnet. 

Editorial freedom in media pertains to the autonomy of publishers in making decisions free from external interference. This encompasses editors’ independence to determine content and coverage. An integral facet of editorial independence is its role to act as a barrier against undue influence, be it from owners or external parties, when it comes to editorial choices and what gets published or broadcast. This becomes particularly relevant when media outlets publish content that may not align with advertisers’ preferences or owners’ viewpoints.

It is a well-known fact that Nepal’s geographical remoteness poses extreme challenges for accessing health services and transporting food. They have no choice but to rely on air services for these essential services. 

But CAAN has enforced a policy suspending air services in remote districts after 12 pm starting July 31. This decision has had serious repercussions in remote and mountainous regions of Nepal. Tragically, due to the absence of air services, four children in remote regions of Karnali province recently lost their lives. They could not get timely medical attention due to the new CAAN policy.

After Annapurna Post, a sister publication of ApEx, reported about the hardship faced by the people living in remote hinterlands of Nepal, the issue garnered significant attention. Media outlets, such as BBC, Kantipur, and Radio Nepal, also covered similar news stories, emphasizing the need for prompt government intervention to resume essential air services in remote regions of the country.

Despite appeals from the chief minister of Karnali province, the federal minister of Culture, Tourism and Civil Aviation, political leaders, and local representatives, CAAN Director General Pradeep Adhikari decided not to lift the air service restrictions. Instead, the CAAN decided to go against the media for exposing his misguided and callous decision.

The clarification letter states that AMN has repeatedly disseminated news, analyses, and comments that gravely undermine flight safety. The letter further points out that despite Capt Thapa’s role as the head of an airline company responsible for upholding flight safety, he seems to have misused his publishing rights through his media outlet, engaging in misleading and rumor-spreading activities. 

Senior advocate Bijay Gupta says that the news covered by the Annapurna Post was about the effects of flight suspension. “It’s what the media should do.”

These actions, as stated in the letter, conflict with the Nepal Civil Aviation Authority Act of 2053 BS and the associated regulations, requirements, manuals, and other standards outlined by the authority.

But experts maintain that while CAAN has the capacity to regulate airspace, it has no right to encroach on editorial freedom.

Bipul Pokharel, president of Federation of Nepalese Journalists, emphasizes that the media conveys information in alignment with their principles, benefiting from editorial independence and direction. “Individuals without relevant involvement should not become the focus of clarification or measures based on edited content,” he adds.

Clause (b) of section 7 in the Press Council Act of 2048 BS stipulates that the journalist code of conduct of 2073 BS, endorsed by the Federation of Nepalese Journalists, emphasizes the importance of upholding editorial freedom. According to this provision, the code establishes that editors bear ultimate responsibility and control over news collection, editing, production, presentation, and distribution. Aligned with the global principle of editorial independence, the code underscores that media outlets and journalists must have the freedom to gather, publish, and express information, opinions, and perspectives without external pressure or influence.

As pointed out by legal experts, Capt Thapa holds leadership roles within three distinct organizations, each governed by separate laws. Hence, it is inappropriate for CAAN to conflate Thapa’s roles and seek an explanation for news published in his newspaper while linking it to his involvement with Simrik Air. Capt Thapa’s roles in Simrik and Annapurna are separate, and experts believe that CAAN Director General Adhikari has committed a constitutional and legal misstep.

The authority to write and publish news and editorials rests with editors, not investors. If dissatisfied with news coverage, individuals or organizations concerned should approach the relevant journalist or editor to present a rebuttal, or file a complaint with the Press Council Nepal.

Simrik Air functions as a separate company. “In accordance with the Companies Act of 2063, individuals are legally permitted to establish a company to achieve objectives specified in the memorandum of association, either independently or collectively,” says senior lawyer Jagadish Dahal. Pursuant to the Companies Act, Capt Thapa assumed the position of chair for Simrik Air, he says that there is another distinct law that governs the selection of the Airline Operators Association's president. 

“As CAAN DG Adhikari has committed a series of unconstitutional moves, he should step down from the post on an ethical ground,” says Dahal. “According to the Publication and Printing Act, Capt Thapa undertook the role of the AMN chair as a mere investor, meaning he does not exert editorial control over published content.” 

Dahal adds CAAN cannot address the chairperson of different organizations in the same way, though the individual may be the same. “There is no legal provision for CAAN to interfere.”

The FNJ has also warned the Civil Aviation Authority to immediately withdraw the clarification sought over the news published in the Annapurna Post daily. The FNJ concluded that asking for clarification in an illegal way is objectionable and against the constitutional concept of press freedom, reads a letter issued by FNJ General Secretary Roshan Puri on Aug 21.

The federation has also warned the CAAN to withdraw the clarification asked in an illegal way by respecting the constitutionally-guaranteed rights to expression and press freedom.

The Labor and Employment Office in Janakpur has been found issuing work permits on the basis of fabricated documents.  Because of this, youths have been deprived of foreign employment opportunities. Not only foreign employment opportunities, workers have also been subject to financial losses incurred in the purchase of air tickets and the processing of labor permits.

The irregularity within the labor office came to light following the interception of several workers heading for overseas job destinations by the Tribhuvan International Airport (TIA) Immigration Office. 

Sources have pinpointed the involvement of Section Officer Basuki Nath Jha, Nayab Subba Umesh Kumar Dahal and Ram Balak Yadav, and translator Shamsad Alam in issuing labor permits on the basis of fake documents. Inexplicably, the Department of Foreign Employment and the Department of Labor and Occupational Safety have refrained from taking action or initiating investigations into these allegations. The authorities have neither penalized the culpable individuals nor pursued corrective measures. 

The Labor and Employment Office in Janakpur opted to deflect attention by dismissing translator Alam from their ranks. The extent of the wrongdoing at the Janakpur-based office emerged when three aspiring jobseekers en route to Kuwait were denied passage by the TIA Immigration Office. Chandra Bahadur Gurung, Raj Kumar Shrestha, and Kaji Ram Shrestha were refused departure after it was discovered that their labor permits were issued on the basis of  counterfeit Kuwaiti civil identification documents. 

Chandra Bahadur and Raj Kumar were embarking on foreign employment for the first time, while Kaji Ram had previously worked in Dubai on two occasions. It was also found that contract agreements signed with employers, which the youths were carrying, were also fake. 

While Section Officer Jha sought to distance himself from the issuance of Kuwaiti labor permits, suggesting that any mistakes may have been made by the translator, other officials contest this explanation. They assert that labor permits cannot be granted solely on the basis of translation.  Sources within the Ministry of Labor, Employment, and Social Security have said that they have received complaints of wrongdoings by the Janakpur office. “We are in the process of getting more details,” a source said. Not only Janakpur, similar wrongdoings have also been reported against labor and employment offices in Pokhara and Biratnagar.

Midlaj Plywood, established in 2021 has started the export of plywood to India. A young company established by Rihan Miya, 22, got the export license a few months back.  Established with an investment of Rs 100m, the industry has exported plywood worth Rs 1m in the first month, however, Miya says, his company is building capacity of exporting plywood worth Rs 7m per month. “Export market is better than the local market but we have some hectic bureaucratic hurdles in the process,” says Miya. “I consider it a privilege to contribute to the growth of Nepal’s economy by generating foreign exchange through our exports.”

With only two weeks left for the new federal budget, the Nepali private sector is busy lobbying with Finance Minister Dr. Prakash Saran Mahat to get its demands addressed. The Federation of Nepalese Chambers of Commerce and Industry (FNCCI) and the Confederation of Nepalese Industries (CNI) have already met the finance minister and presented their suggestions for the federal budget of FY 2023/24 while the Nepal Chamber of Commerce (NCC) is presenting its suggestion on Friday. Hard hit by the economic slowdown, falling market demand, and high borrowing rates, the private sector wants the government to bring the budget that would bail it out from the current crisis. Business community members are looking for a fiscal policy that will instill confidence, create an investment-friendly environment, and provide tax and refinancing facilities to support the ailing businesses. Declare the next five years as investment years: CNI CNI has urged the government to declare the next five years as 'investment years'. The private sector body has said that the emphasis should be on bringing an investment-friendly budget. "It is necessary to increase the massive investment from the government and private sector to boost the economy," CNI stated in its budget suggestions. According to CNI, it is looking for a budget that emphasizes industrialization, export promotion, import substitution, promotion of indigenous products, and market regulation. The confederation has demanded to provide cash subsidies for the export of goods, to make Nepali products competitive in the market, and to control unauthorized trade. It has also suggested formulating and implementing the Payment Security Act for the safe recovery of credit dues from the market. CNI has requested the government to operate the proposed Shaktikhor and Mayurdhap industrial areas in a public-private partnership model. Similarly, the confederation has proposed to establish the Industrial Construction Development Authority for policy and operation reforms of infrastructure development with the private sector's representation. It has also urged the government to bring Sunset Law and policy to complete projects of national pride, projects of long-term importance, and projects of strategic importance on time. Organize energy summit in India: FNCCI FNCCI has suggested the government of organizing a summit in India to attract Indian investment in the hydropower sector and increase power exports to India. FNCCI has also suggested that the power trading license be given to the private sector. In its budget suggestions, the apex body of the Nepali private sector has asked the government to reduce interest rates, reschedule loans, promote startup companies, and power export. It has suggested reducing the interest rate by lowering the policy rate to 5.5 percent, the bank rate to 7 percent, the CRR to 3.5 percent, and the statutory liquidity facility to 7 percent. FNCCI has urged the government to provide a cash subsidy to exporting goods with a value addition of more than 50 percent, to India. Similarly, it has sought loan guarantees for export-oriented industries at a maximum interest rate of 5 percent. FNCCI has demanded that immediate refinancing should be provided to industries related to sectors such as construction, agriculture, industry, tourism, and national priority projects. The body has suggested setting aside 300 ropanis of land in each municipality of the hilly areas and 50 bighas of land in the municipality of Tarai region for establishing industrial areas and industrial villages.