Media & Democracy

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he South Asian Free Media Association (SAFMA) has set an irresistible trend of building bridges in the region, especially after the successful conclusion of its Third South Asian Free Media Conference on 'Media and Democracy' in Dhaka. Its every conference engages almost a whole lot of media practitioners, representatives of civil society and most sections of political opinion in a process of dialogue. Dhaka conference was a resounding success, thanks to a broad-based national chapter of SAFMA and support extended by every section of society, including both the contending major political parties. Credit goes to SAFMA President Mr. Reazuddin Ahmed and the Central Secretariat who did a tremendous job by flawlessly organizing such a grand event.

Now SAFMA looks ahead with greater confidence, with the backing of mainstream media in each country of South Asia. It plans to promote understanding, confidence-building and conflict-resolution in pre-conflict, conflict and post-conflict situations in and among the South Asian nations through a sustainable process of dialogue among not only the leading media-persons, but also major stakeholders. After holding Pakistan-India parliamentarians, editors and experts conference on ‘Understanding, Confidence-building and Conflict-resolution’ and the journalists' summit before the th 12 SAARC summit on ‘Free Movement of Media-persons and Media-products Across the South Asian Region’, SAFMA will enter a new phase of accomplishment. Similar activities are being planned for the next year. Fourth Conference of SAFMA is to be held at New Delhi, India, in the first quarter of 2004.

In the meanwhile, SAFMA has successfully launched its news and views website southasianmedia.net. It is a most comprehensive website about everything happening in every sphere in each country of and across South Asia and it is being jointly produced from Lahore, Delhi, Kathmandu, Dhaka and Colombo. Similarly, an academic and analytical quarterly magazine, South Asian Journal, has started publication. This

analytical magazine will focus on major issues and challenges faced by the countries of South Asia and the region as a whole to develop a better understanding of our predicaments.

With each passing day, SAFMA is evolving into an interactive media community across frontiers in this part of the world. It is increasingly becoming a voice for access to and free flow of information and media freedom in our countries where the media is faced with numerous restrictions and extraordinary pressures. The journalists have been killed, tortured, imprisoned and harassed, with varying degrees, in almost all countries of South Asia. What is, however, disturbing is that a larger section of the media in South Asian countries is still ‘embedded’ with their establishments or various powerful lobbies. Yet a majority of the media practitioners have learnt to face all odds and keep the banner of their freedom flying.

SAFMA pledges to make the media a true defender of the public interest, fundamental rights and advocate of our civil societies. Bringing peace within our countries and among the nations of South Asia will remain our main plank and we will continue our efforts at bringing mainstream forces together for the common good of our people.

Imtiaz Alam, Secretary General Safma@hotmail.com

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hird South Asian Free Media Conference was held in Dhaka from May 25 to May 26. This was one of the most successful conferences held, given the level of local and regional participation, support across the media and the quality of dialogue and exchanges. More than 90 delegates were from India, Pakistan, Nepal and Sri Lanka, whereas more than 70 leading journalists participated from Bangladesh, beside the observers. The conference met with resounding success due to the hard work of Mr Reazuddin Ahmed and the Central Secretariat of SAFMA. With each conference SAFMA extends its vitality and influence and this was witnessed in Bangladesh where the whole media, the ministers, the Prime Minister, the President, leaders of all major political parties, intelligentsia and representatives of civil society joined the conference proceedings and facilitated its success.

Essentially it was the subject of the conference, Media and Democracy, that had attracted greater interest in the proceedings of the conference since every country of South Asia is faced with an uphill task of moving towards democracy, ensuring human rights, plurality, devolution of power, good governance, freedom of media and right of and access to information. There were five sessions of the two-day conference (May 25-26), presided by a presidium of eminent journalists:

Opening Session: (May 25) Presidium: K. K. Katyal, Vinod Sharma (India); Iqbal Sobhan

Chowdhury, Amanullah Kabir (Bangladesh); Gopal Prasad Thapaliya, Gokul Pokhrel (Nepal); Lakshman Gunasekara (Sri Lanka), Mustansar Javed, Abdul Qadir Hassan (Pakistan).

The conference started with the Reference paying homage to the memory of the martyrs of Bangladesh liberation movement. On behalf of Pakistani delegation, Mr. M. B, Naqvi presented the Reference before the conference that included unanimous regrets by the Pakistani delegates over the atrocities committed against the people of the former East Pakistan (see page 5). It was very well received by the participants, especially the people of Bangladesh.

After the transfer of SAFMA presidency from Nepal to Bangladesh, as required by SAFMA Constitution, from Mr Gopal Thapaliya, President of SAFMA Nepal, to Mr Reazuddin Ahmed, President SAFMA Bangladesh, (see page 6), the new SAFMA President welcomed the delegates. Most important was the Secretary General's Report (see page 9) that focused on conflict situations in the region, between India and Pakistan, Bangladesh and India, within Nepal and Sri Lanka. The

Report provided a guiding line to the media on how to behave in a situation of conflict, defend freedoms and uphold truth, without becoming ‘embedded’ with their respective establishments as happened with the AngloAmerican media during the aggressive war against Iraq. Secretary General also presented a work-plan for the current year and the Budget was also circulated among the delegates and for the press. The report received an enthusiastic response from, and approval of, the General Body.

No less important were the messages of felicitation from the leading political parties who were represented at the highest level. On behalf of Bangladesh National Party (BNP), its Secretary General Abdul Mannan Bhuuiyan; representing the major opposition party, General Secretary of Awami League, Mr. M. A. Jalil (see page 28); Chairman of Jatiya Party (BJP), Mr. Anwar Hossain Monju; Secretary General of Workers Party, Mr Rashed Khan Menon; General Secretary of Jamaat-i-Islami, Mr. Ali Ahsan Mujahid and others addressed the conference and supported the cause espoused by SAFMA and a free media.

Session-I: Media and Democracy This session focused on state of democracy in the countries of South Asia. Mr K. K. Katyal, President SAFMA India, presented a paper on 'Media, Democracy and the Peoples' Rights'. Pakistan's perspective on 'Media, Authoritarianism and Human Rights' was presented by Mr. I. A. Rehman, Director of HRCP and a leading columnist. Mr Gopal Thapaliya, president SAFMA Nepal, analyzed the issues of, 'Media, Monarchy and Militancy' in Nepal. Mr Lakshman Gunasekara, President SAFMA Sri Lanka, shed light on 'Media, Democracy and Ethnic-conflict' in Sri Lanka and Barrister Moinul Hossein, President of Bangladesh Newspaper Association (BSP), focused on 'Media and Civil Society' in Bangladesh. All the papers were very well received by the audience and are being included in this publication.

On the conclusion of the session, Minister for Communication, Barrister Nazmul Huda hosted a lunch in honor of the delegates.

Session-II: Draft Committees Meet Seven committees met for four hours each separately to prepare their reports for the plenary session. The conference Declaration Subject Committee met with rapporteur Mr. I. A. Rehman in the chair and the representatives of all the national chapters of SAFMA participated in it. It finalized the Dhaka Declaration on ‘Media and Democracy’ (see page 14 ) with consensus.

The Committee on Electronic Media met with rapporteur Agha

Nasir in the chair and the delegates from electronic media attended it. The committee presented its report (see page 44) to the plenary session and it was decided to circulate it to further improve it. Committee on Bangladesh under rapporteur Iqbal Sobhan Chowdhury prepared a report on the state of Bangladesh media (see page 34). Committee on the state of media in India met with rapporteur Vinod Sharma in the chair and prepared a report that covered some of the irritants faced by the media in India (see page 31). Rapporteur Ms. Bandana Rana held a meeting of the committee on Nepal and prepared an exhaustive report on the issues of media rights and suspension of democracy in Nepal (see page 35).

Similarly, the committee on Pakistan met with rapporteur Afzal Khan conducting the proceedings. It was a detailed report (see page 32) that, however, overlooked the declaration on media laws issued in Pakistan that were rejected in SAFMA Pakistan's national conference.

The most important event of the day was an interaction of the delegates with Foreign Minister of Bangladesh, Mr Morshed Khan who explained Bangladesh's foreign policy, especially Bangladesh's relations with its neighbors India and Pakistan. A very lively question-answer session followed. Afterward, the foreign minister hosted a dinner for the delegates.

Session-III: Plenary (May 26) This was the most vibrant and interactive session that involved delegates in discussion on the declaration and the country reports. The session started with the presentation of Dhaka Declaration on 'Media and Democracy' by Mr. I. A. Rehman. A

very lively discussion took place and some changes were made in the proposed draft.

The Dhaka Declaration was unanimously approved by all the delegates, who vowed to pursue the objectives set in the declaration.

The report on the electronic media received a few objections from some delegates who could not attend the meeting of the committee. It was decided that their suggestions will be incorporated into the report. Similarly, the country reports on the state of media in each country, India (see page 31) Pakistan (see Page 32), Bangladesh (see Page 34), Nepal (see Page 35) and Sri Lanka, were presented by the respective rapporteurs. The reports were appreciated by the delegates.

Session-IV: Special Plenary (Concluding Session) The hallmark of the session was the participation of Prime Minister of Bangladesh, Begum Khaleda Zia as the guest of honor. The presidium of the session consisted of Secretary General SAFMA, Mr. Imtiaz Alam, President of SAFMA Mr. Reazuddin Ahmed, Senator Mushahid Hussain Syed, K.K. Katyal, Gopal Thapaliya,

Enayetullah Khan and Lakshman Gunasekara.

After recitation from Quran and national anthem of Bangladesh was played, Mr Reazuddin Ahmed welcomed the guest of honor and the participants of the session.

Secretary General Imtiaz Alam presented the Dhaka Declaration on 'Media and Democracy' that was applauded by the participants. Senator Mushahid Hussain Syed, K.K. Katyal, Gopal Thapaliya and Lakshman Gunasekara briefly expressed their views and represented their countries.

The keynote address on ‘The Best Profession of the World’ (see page 23) was delivered by renowned journalist Mr Enayetullah Khan.

The most notable event of the session was that Prime Minister Khaleda Zia launched SAFMA's website southasianmedia.net and was also rewarded a shield presented by president SAFMA, Mr Reazuddin Ahmed.

The conference concluded with the address of Prime Minister Khaleda Zia (see page 16).

The Prime Minister was gracious enough to join the delegates for the lunch hosted by the president of Bangladesh Newspapers Association (BSP), Barrister Moinul Hossein.

In the evening a very frank, useful and exhaustive consultation took place among

the delegates from India and Pakistan. Most senior journalists, such as Mr Irshad Haqqani, Abdul Qadir Hassan, Brig. (Retd.) A. R. Siddiqui, Senator Mushahid Hussain, Shafqat Mahmood and others from Pakistan participated in the dialogue. From the Indian side Dileep Padgaonkar, K. K. Katyal, Mr Nihal Singh, Prem Shankar Jha, Jawed Naqvi, Anand Kishore Sahay, Satnam Singh Manak and Sushant Sareen took part in the discussion.

Since the proceedings of Indo-Pak consultation were off the record, they are not being included in this publication. Later a dinner was hosted by Standard Chartered Bank.

On the third day, President of Bangladesh, Dr Iajuddin Ahmed feted the delegates and hosted a breakfast meeting with the participants of the conference at the President House (see page 21). Many delegates also visited the BRAC Centre where they were briefed about the valuable rural development work being done in Bangladesh. The management of the Fantasy Kingdom also arranged a musical show for the participants of the conference.

The coverage of the conference both in the print and electronic media was quite exhaustive. For four days the Bangladesh newspapers were full of stories and some carried even supplements and on television it was the top news for four days.

Similarly, the media coverage of the conference was tremendous in the press and the television in other South Asian countries, such as India, Pakistan and Nepal. The message of conference on ‘Media and Democracy’ went across the region.

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his Third South Asian Free Media Conference, on this auspicious birthday of poet Kazi Nazrul Islam, pays respect and tributes to the martyrs of the national liberation movement of Bangladesh who sacrificed their lives for freedom and the realization of an inalienable right to selfdetermination by an oppressed people.

On behalf of the Pakistan delegation, let me express our deep regrets over the atrocities and repression committed against the people of then East Pakistan by the criminal gangs in general,

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and the military regime, in particular.

We join the people of Bangladesh while paying our tributes to the heroic struggle of the people of East Bengal for their fundamental rights.

This conference hopes to build the bond of friendship and amity among the peoples of South Asia.

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istinguished journalists and guests from the SAARC region ladies and gentlemen! On this Third South Asia Free Media Conference, I welcome you all.

Allow me to greet you in this magnificent city of Dhaka on behalf of SAFMA. Ladies and gentlemen, the First South Asian Free Media Conference was held in July 2000 in Islamabad with a motto ‘Towards Free, Fair and Vibrant Media’. The second South Asian Free Media Conference was held in Kathmandu, on January 1-2, 2002, on the agenda of ‘Media and Peace’. The Third

Conference is being held here on ‘Media and Democracy’.

As the President of SAFMA, my experience has been remarkable and I am thankful to all of you for your cooperation, especially the Secretary General Mr Imtiaz Alam. Setting a good tradition, I feel honored in transferring the presidency of SAFMA to the President of host chapter, Mr Reazuddin Ahmed and as warranted by our Constitution.

I congratulate Mr Reazuddin Ahmed on assuming the responsibilities as President SAFMA and hope he will perform his functions well and assure him of our full cooperation.

Thank you for honoring me to act as President of SAFMA.

On behalf of SAFMA, Bangladesh, I welcome you to this conference of the media practitioners of South Asia. We are proud to host this third conference of the South Asian Free Media Association, launched in Islamabad three years ago with the pledge to work together for peace, stability, democracy and a vibrant press in the region. We do not claim that we have been able to fulfill our objectives but certainly we are moving in the right direction. Our determination and willingness to work for achieving the goals were amply demonstrated in the two SAFMA conferences - one in Islamabad and the other in Kathmandu.

When they meet in such conferences, media practitioners get an opportunity to know each other better and know the ground level realities in different countries. Such deliberations should enrich this conference too.

We are happily meeting here at a time when the political climate in the region is showing signs of improvement and tension seems to be de-escalating with the initiative to reestablish missing links among the countries. The positive developments in IndiaPakistan relations have genuinely raised hope that the people of this region may live in peace. In recent years South Asia became the cockpit of new cold war which has decelerated progress in bilateral and multilateral relations. SAARC that grouped the seven countries of the region could not deliver much to change the living conditions of the world's largest number of poor in South Asia. South Asia cannot emerge as a strong bloc unless the countries in the region work together with goodwill and better understanding. I am happy to say that SAFMA is actively engaged in promoting a considerable degree of goodwill and fostering mutual understanding among the nations in the region. It is also working for better understanding and goodwill among the media practitioners. This is needed now particularly in the world order following the war in Iraq.

The theme of this conference is media and democracy. This has a special significance because the press can work freely only in a democratic atmosphere. Freedom of the press, people's right to know, access to and free flow of information are the hallmarks of an undiluted democracy. Therefore, media's freedom and democracy are inseparable. This conference, I believe, will critically focus their attention on this theme and the issue of governance that affects lives of the people as well as freedom of the press.

Much of what people in modern societies know about the world beyond the sphere of their direct experience comes from the news media. To the extent that news content is believed, it helps shape the society and politics. Since news plays an important role in creating a context for social and political action, the people are best served when the news is of high quality and credible. The media in most of the South Asian countries are still struggling to achieve these goals. It is understood that media's growth is linked to democratization of politics and society. The growth of democracy in most of the South Asian countries was thwarted by autocrats and dictators. The media remained under strict

censorship during autocratic rule. So democratization remains crucial for a free press.

The triumph in the movement for democracy in Bangladesh in 1990 paved the way for scrapping the draconian laws that were muzzling the press. It is true there are not many legal restrictions in our country for the press to enjoy unfettered freedom but pressure groups hinder such freedom. We are to wait for some more time until democracy takes strong roots in the society for total freedom of press that we aspire to achieve.

This assembly of the media practitioners from the region will no doubt add strength to our movement for freedom of the press and free flow of information.

Viewed collectively, the South Asian region has huge resources and constitutes a market of over 1.4 billion people. It can grow as a strong economy provided the countries work together with better understanding, goodwill

President of Free Media Foundation, Mr. Ahmed Bashir, and other delegates in the opening session and friendship. At the beginning of the new millennium South Asia stands at the crossroads of hope and despair. This conference, I believe, can contribute to a great extent, through meaningful exchange of views about the imperatives of regional cooperative efforts, to de-escalate tension in the region.

We are delighted that in three years time SAFMA has gathered a good deal of momentum. Yet much remains to be done.

This conference is sure to contribute significantly in leading us towards achieving our goal.

I shall be failing in my duty if I do not thank Mr Imtiaz Alam, SAFMA Secretary General, for his relentless effort in organizing this

conference. I also thank our patrons. Finally, I must thank my distinguished colleagues who worked hard to organize the conference. Our efforts will bear fruits only if its deliberations can further strengthen our movement for a free and vibrant press in the region. In our efforts we seek cooperation from our political leaders. I thank them for sparing time from their busy schedule to spend sometime with the senior journalists of the South Asia.

Mr. Reazuddin Ahmed is the editor of The News Today, Bangladesh and president of Dhaka Press Club.

Journalists from across the region attentively listen to the speakers

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e, the media-persons from the print and electronic media in the countries of South Asia, having met in Dhaka on May 25-26, 2003, at the Third South Asian Free Media Conference, and having deliberated on the interdependence of democracy and media freedom, Recalling the universally upheld ideals of democracy and freedom of expression inscribed in the Universal Declaration of Human Rights, the two covenants of 1966, other UN instruments, the UNESCO principles and the Johannesburg Principles on Media Freedom, Recalling and reaffirming the principles and declarations inspiring the Joint Statement issued after the First South Asian Free Media Conference in Islamabad on July 1-2, 2000, and the Declaration adopted at the Second South Asian Free Media Conference at Kathmandu on January 1-2, 2002, wherein faith in peace, democracy, justice and well-being of the family of the South Asian peoples was inscribed as the basic inspiration for free media in South Asia; Reaffirming once again our faith in the South Asian people's right to democratic governance; Recognizing the need of a democratic order for achieving the ideals of a free media in the region; Realizing the responsibility of media-persons to struggle collectively and severally for the twin objectives of democracy and freedom of expression;

Taking note of the uneven transition of South Asian nations to the contemporary ideals of participatory democracy and their peoples' empowerment, criminalization of politics and devaluation of systems of justices, especially of the situation in: 路 Bangladesh, where further efforts are needed to strengthen the gains of the people's heroic struggles for self-determination and democracy, and the major political forces need to arrive at a closer understanding and cooperation in order to ensure the basic rights of the people, especially the disadvantaged; 路 Bhutan, where despite the welcome initiative for a new constitutional set-up, progress towards democratization of the state and the society is both unclear and uncertain, and where the right to citizenship and the rights of the diverse communities forming the nation are subject to arbitrary abridgment; 路 India, widely hailed as a secular democracy, has been threatened by forces of communalism and religious bigotry; regional and sub-regional aspirations for devolution

of power have not been adequately addressed, resulting in frustrations and often also in the outbreak of violence and an established tradition of press freedom is being threatened by a growing criminalization of politics and abuse of judicial practice; these factors weaken India's pluralistic civil society and, by that token, sap the foundations of democracy itself; · Nepal, where the disruption of the democratic system is threatening to erase the people's rights secured through the democratic revolution of 1990 and creating obstacles to democratic resolution of civil strife and matters concerning the deprived communities; · Pakistan, where the state's return to the democratic path has again been thwarted and it is under a double squeeze by the forces of authoritarianism and religious extremism that reinforce each other and deny pluralism and will have extremely grievous consequences to the people's right to representative government and their basic freedoms; · Sri Lanka, where the suspension of hostilities and the process of negotiations have set the country on the road to peace, the prospects for consolidation of democratic institutions, pluralism and respect for human rights remain unclear; and Noting that in almost all South Asian states the factors impinging on democratization and respect for the people's basic rights and for pluralism in their multi-cultural societies, tend to inject political and cultural polarization into the media, thereby interfering with its functioning as a truthful, independent and non-partisan sentinel of democracy and a watchdog of public interest and preventing the media persons from discharging their obligations to their people and their conscience, And noting with disapproval some recent trends on the global scene, in embedded

journalism, that are undermining media's integrity in the region; Resolve that all members of SAFMA, in pursuance of the principles and objectives inscribed in the association's foundational documents and commitments made by it subsequently, will strive ! To uphold, collectively and individually, the system of multiparty, participatory democracy, wherein the rights of all sections of each country, especially the right to freedom of expression and dissent, the principle of gender equality and the rights of minorities, are fully respected; ! To respect the demands of pluralism and social justice in our respective societies; ! To strive for peace within and between nations of South Asia and secure the diversion of resources from wasteful acquisition of arms to public interest projects; ! To eschew the use of language, terminology or tone that exacerbate differences between peoples; ! To discourage hate-preaching, distortion of national characters, xenophobia, cultural chauvinism, racism, casteism, and exploitation of the poor and the marginalized; ! To resist authoritarianism and religious extremism in any form and promote the media's function as the foremost school of good citizenship; ! To reject the demonisation of the ‘others’ as an instrument of perpetuating conflicts; ! To fight violence and terrorism as they undermine both democracy and freedom of the media; ! To secure and enlarge the right to freedom of information for the media, in particular, and the people, in general; ! To promote regional media understanding and forums that could create space for (independence) themselves in the international context (of embedded media); ! To foster professionalism and transparency in the media; ! To develop intra-state and inter-state solidarity among media-persons in resistance to intimidation and violence by anti-democratic interests; ! To raise a bulwark against intra-media forces and tendencies that support or strengthen the vested interests' assaults on democracy and media freedoms; and ! To develop a system of consultation and cooperation among SAFMA's national chapters and individual members for the removal of doubts and difficulties that may arise in the pursuit of objectives mentioned in this Declaration.

Mr. President, Colleagues, Dear Friends from Media, Distinguished Guests, Ladies and Gentlemen,

positive and significant role. And I sincerely believe that this organization will rise far above the current tendency of setting up an organization with the limited aim of indulging in meetings and seminars and carry on its work and be able to create its own tradition.

I am happy that you are holding the third conference of the South Asian Free Media Association in the capital of Bangladesh.

Assalamu Alaikum. welcome you all to Dhaka, the capital of Banglaesh, especially those who have come from the neighboring countries to join this conference here.

I thank you for selecting Dhaka.

My good wishes to everybody who is taking part in this conference.

We can proudly say that media here is really, truly free.

I wish your conference all success.

Foreign journalist friends are coming here regularly, carrying out their professional duties without restrictions. The Silver Jubilee

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This is the third conference of the South Asian Free Media Association. You must be closely examining how far the

decisions you had taken on various matters in the earlier two conferences have been implemented, how far you have progressed in achieving the aims and objectives. I know, such a regional organization composed of people engaged in such a vastly influential profession like journalism can play a very

Conference of the Commonwealth Journalists Association was held in Dhaka recently. More than fifty representatives from foreign countries took part in that conference. They travelled throughout

positive and significant role. And I sincerely believe that this organization will rise far above the current tendency of setting up an organization with the limited aim of indulging in meetings and seminars and carry on its work and be able to create its own tradition.

I am happy that you are holding the third conference of the South Asian Free Media Association in the capital of Bangladesh.

I thank you for selecting Dhaka.

We can proudly say that media here is really, truly free.

Foreign journalist friends are coming here regularly, carrying out their professional duties without restrictions. The Silver Jubilee Conference of the Commonwealth Journalists Association was held in Dhaka recently. More than fifty representatives from foreign countries took part in that conference. They travelled throughout

Bangladesh and saw things for themselves. We have nothing to hide from anybody. But our request is, none should come in by concealing their identity. You are free to come here with the identity of journalists, the people of Bangladesh will not suspect you. They would rather help you. The people of Bangladesh are hospitable, they would cooperate with you.

Here I would like to mention a recent regrettable tendency.

A number of persons representing two international weeklies and a foreign TV channel came to Bangladesh concealing their identity. Some of them have expressed regret for such an act and went back home. Unfortunately, later on they filed a report containing false and distorted information about Bangladesh.

I want to ask you, doesn't giving such false identity demean the noble profession of journalism? Is it proper to have trust in the information provided by those who cheat on their own professional identity?

I want to firmly say, for information and news Dhaka is a completely free city.

You have taken the correct decision by convening the conference of the Free Media Association in this free city.

President of the South Asian Free Media Association, Editors, Columnists Members of the Association Journalists of South Asian Countries, Assalamu Alaikum and Good Morning.

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ith much pleasure I welcome you in Bangladesh. I thank the President and Members of the South Asian Free Media Association for holding a conference in Dhaka providing an opportunity to meet the South Asian journalists and to exchange their views freely. It is a rare occasion for the South-Asian journalists to think and re-think the economic and political situation of the region and to evaluate the continued efforts of the South Asian governments for poverty alleviation, increase of literacy rate and overall social development. It is a fact that the South-Asian countries have enough natural and human resources. If these resources are utilized properly, I am sure the South-Asian countries can achieve the desired social and economic goals, ensuring selfreliant social and economic base with a modern outlook.

Dear journalists, The journalist community is a part of the society and it can play a great role in guiding the policy makers in achieving their fruitful target. The journalists may have different views on different issues relating to public welfare. But I feel that they have no difference of opinion as regards the welfare of the people. The association could be a spokesman of the people of the region and can suggest specific guidelines for their benefit.

As for Bangladesh, which has a long history of communal harmony, it can boast of being a land of peace and natural beauty. People of all religious faiths live in peace and harmony here. They are patriotic and dedicated to common cause for democratic institutions and social welfare. We believe in values and strongly feel the need to widen the friendly cooperation among nations to face the new challenges of the modern scientific age. The

state principle 'friendly to all and malice to none' is strictly followed.

You all know that press freedom is part and parcel of democratic administration and good governance. The people of Bangladesh love democracy and struggled much in the past for establishing a democratic set-up and ensuring freedom of press. The necessity of press freedom is recognized all over the world and it has been provided in the constitution of many democratic countries. Press freedom has been guaranteed as a fundamental right in the Constitution of Bangladesh. The present government is very liberal in the flow of information and ensured press freedom in the country. The press, because of its great influence in the socio-political life, has been called the Fourth Estate. In this context the press, therefore, has a tremendous responsibility to the nation. With correct and constructive information the media people could contribute much for public welfare.

The people are sometimes found to be skeptical on vested reporting and views of some medias. Public confidence is also shattered because of ‘yellow’ journalism pursued by many all over the world. Recently ‘embedded’ journalists have tarnished the image of the community. A BBC journalist Stuart Hugs recently advised all not to believe in ‘embedded journalism’. But despite such criticism, we are convinced that the people like to trust the media persons as their friend and guide. Now it is your duty and responsibility to honor their trust.

The recent move of ensuring peace in the subcontinent by both the Governments of India and Pakistan has been welcomed by the peace loving citizens of this region. We hope that the initiative would be fruitful and an atmosphere of fellow-feeling and neighborly brotherhood would be established soon. I feel that journalists of the region have a definite role in defusing tension and furthering the process of peace in the region. I am convinced that the journalists are quite aware of their solemn responsibility for the betterment of the people in general. I feel the endeavors of journalists can be an asset in keeping good relationship among nations of this region.

Ladies and Gentlemen, I feel that the Dhaka venue of the journalists of the Free Media Association has provided them opportunity to know each other better and widen understanding and cooperation in their profession.

I thank you all for joining me in the breakfast at Bangabhaban.

Allah Hafiz, Bangladesh Zindabad.

President receives the delegates

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his congregation of the media practitioners in the region takes place at a time when the words ‘freedom’ and ‘democracy’, as understood by the book or practiced on the ground, have been literally bombed out of their normative core and objective structures. The US-British invasion of Iraq, the physical occupation of that country under a neo-imperial doctrine, the second sacking of Baghdad leading to the plunder of the civilizational heritages as also the killing field in which hundreds and thousands of Iraqi men, women and children lay slain or maimed, have numbed humanity and changed the world forever. The first phase of the war is nearly over, though not conclusively in terms of its political and economic agenda or the future roadmaps to more such wars or enforced peace in west Asia or any other target country near or far afield.

The extant world order, painstakingly crafted since the Second World War, was already experiencing difficulties and hiccups in readjusting to the post-Cold War realities. Now it has been virtually smashed to smithereens, and the unipolar global village is at present standing on its head. The casualties across the board are not only freedom, democracy and the libertarian thinkregime, but the media as well. If it took nearly a century to build the free media brick by brick in a large part of the globe, its architecture has come to totter in one fell swoop, because the media this time became a participant in the dynamics of the techno-warfare and not the observer of, the witness to, and the scribe of the drastic war itself. This participation with an 'embedded' status of the global media at one end, and the contrary responses of media positioning on emotional, populist, nationalist and religious lines at the other, have grievously undermined the objectivity of the media coverages in a polar way. Of the global media, electronic that is, the BBC and the CNN are illustrative of the partisan and selective nature of ‘embedded’ reportage. The global print media, however, would make a small allowance with the trifle of alternative or dissenting views on its pages. A bellicose Economist would not even care for such

feigned niceties.

If the unilateralist invasion has damaged the global media for its 'embedded', and hence surrogate status, and produced the antithesis of delusional non-objectivity of lionizing Saddam's unloved regime by some among others, the other bane of the global media was its dismissiveness towards the auto-reflexive anti-war mobilization of a kind never witnessed before. Afsan Chowdhury, a probing media analyst, says in a paper presented at a seminar on the World Press Freedom Day on May 3 that the anti-war mobilization was “much wider than expected” and “was very significant in the Western world, including the US”. In his words, and we agree, “It was the single largest unity of mankind on the issue since contemporary history began, and this happened because of media linkages.” But the media of the two countries that mattered chose to ignore it.

Curiously, while ‘reconstruction’ is the buzzword now, the root villain in the causality of the neo-imperial invasion, the weapons of mass destruction (WMD), was granted abdication and allowed to disappear from the printed words or the broadcast scripts or the tele-images as conveniently as it was anointed for the purpose of the invasion.

Conversely, there is also a non-objective trend in reinventing Saddam and sons on both obscurantist and old-left lines. This deconstruction of media objectivity at the opposite ends hurts the media in the long

run, though in the short run it may serve one of the polar ends to hide behind opportunistic amnesia, and to fan counterproductive passions at the other end in that order.

The South Asian media environment The media environment in South Asia, whether that of print or electronic, was infected by the above polarities impacting on objectivity. Historically too, the spill-over effects of the pre-and post-partition communal divide, the high-intensity face-off between India and Pakistan over Kashmir leading to wars and insurgencies, the 20year-long haemorrhage of Sri Lanka in Tamil insurgency-turned-fullblown-warfare, the low-intensity national minorities' insurgencies in the Indian North-East and Bangladesh's Chittagong Hill Tracts, or for that matter the Bangladesh-India discord over water sharing of the Ganges and also of other common rivers, and the demographic issue of Nepalese refugees ejected from Bhutan and lately the push-in syndrome on the Indo-Bangladesh border, entered the media domain with stridency, often blurring the facts on the ground.

Some of those conflicts or disputes or historical aberrations have been sought to be corrected or resolved or left to heal themselves. Whether or not satisfactorily, the CHT insurgency and Ganges water-sharing have been brought under the framework of treaties. The armed cauldron in the Indian North-East, however, persists and the Sri Lankan peace process remains fragile.

Kashmir, however, remains the hottest spot

and impacts on the media environment more than anything else.

The media feeds in this regard are highly partisan on both sides of the contention, and oftener enter the third country media domain in South Asia.

These subjective and objective factors notwithstanding, closer media-linkages between the countries of South Asia and initiatives of assemblies and platforms like the South Asia Free Media Association (SAFMA) preceded by the South Asia Media Association (SAMA) have contributed significantly to broader awareness, understanding of issues obtaining in each country or confronting the region as a whole. This assembly furthermore affords us an opportunity to take a searching took at the media in the context of each country and the region.

It may be noted that media objectivity in the South Asian countries is often distorted by the internal political dynamics and partisan power struggle in a given country and also by the demonisation of one country by another. The 9-11 al-Qaeda terrorist attack led to a loaded media campaign of painting one or the other country as an al-Qaeda nest. Also, a variety of idioms, encapsulating polemics and malignancy, got an evil spurt in political utterances as also in media contents, before and during the US-British invasion of Iraq. While it is counterproductive to cite instances of some of these open or clandestine campaigns, those certainly helped neither the campaigners nor the subject countries, nor even the region. The media unfortunately was an active party in inventing al-Qaeda among some and sundry.

This rancorous trend seems to have trailed off blissfully as the agenda of peace and cooperation has been upgraded again in the off-again, on-again bilateral processes among the South Asian countries. The India-Pakistan exchanges are taking place at the highest political level and the Bangladesh-India talks on the border and related issues have ended on a happy note. This time there are no screaming headlines or caustic commentaries. Even Sri Lanka's internal power-divide on the peace process has been mended in good time.

The US-British conquest of Iraq was a fait accompli. But the antiwar mobilisations in the respective South Asian countries and

across the world, which the NY Times designated as the other superpower, hopefully in the making, have put peace highest on the agenda as the only instrument in the service of national and regional security. The South Asian media also took note of the broad sweep of the mobilisations on their respective home grounds. As Afsan Chowdhury notes in the same presentation cited earlier in this paper with reference to Bangladesh: “The activist anti-war space, in which religious groups were dominant, was ultimately taken over by the civil society. And the religious groups then tried to create new spaces by turning violent, which didn't add much to their credibility and popularity. Again, for those who were activists without any religious stamp on their political and humanitarian position, this was an opportunity.”

The same opportunity is also being seized by the media to advance the cause of peace both in its advocacy and the highlighting of news and events contributing to peace, and thereby secure the security interests of the countries and the region. Happily, this congregation is taking place also at a time when a thaw in the relations between the adversaries in the South Asian region is seen to be in the offing. It is the media's opportunity of a century, so to speak.

The praxis of press freedom Having profiled the media as above in these seasons of drastic newsfall (the 9-11 tragedy, the war on terror, and last but not the least the Iraq conquest), it needs to be seen how some of the fundamentals in the praxis of press freedom are observed on the ground. The South Asian countries, now mostly under a representative and pluralist political order, have constitutional guarantees of free speech and free press. In this praxis, India can take pride in its longest history, followed by Bangladesh of the last one decade and earlier in late seventies, with Sri Lanka close on their heels. Even in Pakistan, where the military holds the

whip hand, the press is eminently free unlike the olden days. Content regulations like registration of media outlets and prepublication review have now been put behind. Post-publication punishment, considered prejudicial by the governments, and oftener meted out under criminal law, is also becoming scarcer. Use of the criminal law and unspecified charges of sedition et al. are abhorrent establishment practices and those can be easily reconciled under the express dictum of the civil law.

Access to information, the legislations on which are already in place in some South Asian countries, is, however, stonewalled by the bureaucratic excuse of secrecy interests.

The Official Secrets Act of 1923, instituted in those days for guarding against espionage or restricting access to security installations, is used as the shield, though it has not been used for penal action for any leak of information having security implications either by the press or by an official.

Nevertheless, it is strongly felt that the right of a journalist or the civil society to request and obtain documents from public institutions or, on refusal, to have access to relief from, say, an independent freedom of information ‘umpire’, needs to be guaranteed by law and not left to bureaucratic discretion or blanket denial.

Into the looking glass Now into the looking glass, freedom of the

media is seeing exactly what is in the beholder's eye. Hence, in applied journalism and not academic or clinical ones, in terms of hands-on practice with the printed word, the print-fare of the 'best' news 'that is very often best presented' by Gabriel Garcia Marquez's definition, and the editorial decrees coming from the editor's tribune, means different things to different people.

To illustrate the faces in the eyes of the beholder.

Only recently a Bangladeshi dignitary holding statutory high office called the populous Bangladesh print media a ‘rumor industry’. The politicians in power routinely rant on the virtue of ‘responsible’ and ‘constructive’ journalism. The development partners, particularly the multilateral organizations, designate 'information' as a public good and measure its short- and longterm input-output value on the calculus of the market and the percentage points in developmental statistics. Some donors find solace in NGO journalese.

In the more abstract sense, press freedom is also seen from the instrumentalist perspective, 'in rendering, by way of expose', governmental abuse of power more and more difficult and less likely. That is what Joseph Stiglitz had to say before he parted with The World Bank and collected the Nobel award.

The theoretical paradigm is drawn from the thesis of a preceder Nobel-laureate, Amartya Sen, who says: “Countries with a free press do not encounter famines because the free press draws attention to the problem and people will view a government failure to act in such situations as intolerable”.

Be those as those may, to use a cliché, the boon or the bane of a free press are not necessarily axiomatic. Those vary widely and

are oftener like the above perceptions or precepts, which are neither right nor wrong, or perhaps either or both.

The relationship between free media and democracy is like what comes first: the chicken or the egg. But as Roumeen Islam points out in The World Bank publication, The Right to Tell, “it seems obvious that generally more democratic countries have freer press, but do free media promote greater democracy or does a functioning democracy promote a free media?” Although the measure may depend on many other variables quite unrelated to media and democracy themselves, we in this assembly are committed to practice both media freedom and democracy and have the freedom of information by law.

The absence of freedom of information leads to the media's dependence on leaks, routinely attributed to sources speaking on condition of anonymity. This can be a two-edged sword, in the words of Stiglitz. He says, “They are an important way of getting information, that would otherwise be secret, into the public domain and an important way for government officials to shape coverage in the ways that advance their interests and causes.

Hence, leaks may lead to more information but also to more distorted information.”

On another plain, the absence of the above also leads to higher dependence on exogenous sources for data on public and governmental affairs and conduct like that of the Jane's weekly on military matters, Transparency International on corruption and even the BBC and the CNN, whose credibility has now come under a cloud.

In sum, governmental information under a legally-mandated disclosure and compliance regime has the highest reliability for reporting and analyses by the press to be shared with the people.

Coming to the region, the Internet has afforded country-specific media with linkages, formal or informal, with the media of other South Asian countries. Besides the few and far between correspondents based in another capital, the media linkages in respect of columns or op-ed articles between the newspapers of the South Asian countries on the basis of mutual arrangements vis-a-vis copyright, are being set up more closely than before.

This helps sharing the other perspective(s) or the logic of argument in media discourses on issues, policies and events impacting on relations between the South Asian countries or even getting to see things happening in Dhaka, Delhi, Islamabad,

Colombo, Kathmandu, Maldives and Thimpu through the lenses of the respective country's journalist or analyst. This opens the window on the problems and prospects of the South Asian countries to one another. If the windows invite some flies with the whiff of fresh air, to plagiarise Deng Xiao Ping, it is better yet.

Demonisation then does not stay as a habit. Instead, such openings lead to healthy discourse.

Labelling and stereotyping In these days of labelling and stereotyping countries summarily, the South Asian media on each country's home ground must guard against networked hate journalism by stringers and legmen feeding on hate staples and living off them. Although it has abated somewhat in the last few months, the years from the mid-nineties to date saw the surfeit of it entering the media domain with calculated vehemence. The campaigns sneaking into the international press as well, say on Bangladesh, not only harm the media's objectivity but damage the victim country when anti-terror passion runs wild and becomes the most handy and convenient excuse giving the dog a bad name and then hanging it. Such disinformation, when planted for material or propaganda gains at another's cost, is one of the most baneful aspects of stringer journalism.

The cocoon of terror by Bertil Lintner and Alex Perry's thriller fiction in the Time magazine are cases in point. The Reuters story, later withdrawn by the pioneer news agency of the world, and the Channel 4 episode leading to the restrictions on foreign journalists and the incarceration of two local stringers and two foreigners, since relieved, are among the unhappy episodes at the ends of the government on one side, and the news agency and the journalists concerned on the other. While the government's reaction was knee-jerk in being heavy-handed, those episodes were directly proportional to the clandestine cooking of hatebroth.

The episodes have two lessons: one, visa facility for movements of foreign journalists into the country helps establish the subjectcountry's openness, and two, reduces chances of sneak entries, speculation bubbles, and fictitious journalism as those were from the word 'go'. On the positive side, the openness, though at times marred by intelligence tails, puts a premium on objectivity over disinformation or calculated hate campaigns. Phillip Bowring's reports in the IHT and the South China Morning Post and Amy Waldman's in NYT may not all be bouquets for Bangladesh and the government of the day, but are probing, balanced and neutral.

The visa restrictions on journalists, particularly those belonging to Bangladesh, India and Pakistan, need to be eased for the above reason. This will facilitate further media-linkages and more credible and objective news-gathering of journalists, seeking to cover one or the other country first-hand.

Through the looking glass Now seen through the looking glass, I am made curiouser by the description of a journalist by English novelist Evelyn Waugh.

His description of foreign correspondents covering a war in the fictional country of Ismaila in his 1930s novel Scoop, paints them in these words: “rat-like cunning, a plausible manner, a little literary ambition”. It is not exactly complimentary. When ratlike cunning is stretched too far, it produces the Dhaka stringer's tale of a 5-time checking of a quote from a Minister over telephone calls that never were. A little ambition produced the miscarriage of Channel 4's filming of a fictional Allah's party in the very heart of Dhaka and a purloined interview in which one of

the two foreign contract-journalists, a UK citizen, faked herself under a burqa. Right to free speech is not the right to cook up white lies.

I will rather go by the conviction that print journalism is of a literary genre, though penned in a hurry. It is somewhat antiintellectual in so far as it is governed by empiricism. It is creative and hence beautiful in so far as again, in Marquez's words, the “best news” is what is not obtained first but very often the news that is ‘best presented’ for its news value and 'truth'.

Gabriel Garcia Marquez, who started as a journalist in the 24-hour roving academies of newsrooms, print shops, run down corner cafes and Friday night parties, and remains a journalist, besides winning the Nobel prize for his Hundred Years of Solitude, calls it the best profession in the world. To quote Marquez: “Journalism is an unappeasable passion that can be assimilated and humanised only through stark confrontation with reality. No one who does not have this in his blood can comprehend its magnetic hold, which is fuelled by the unpredictability of life.

No one who has not had this experience can begin to grasp the extraordinary excitement stirred by the news, the sheer elation created by the first fruits of an endeavour, and the moral devastation wreaked by failure. No one who was not born for this and is not prepared to live for this and this only can cling to a profession that is so incomprehensible and consuming, where work ends after each news run, with seeming finality, only to start afresh with even greater intensity the very next moment, not granting a moment of peace.”

Having topped off my paper with Marquez's soul-lifting words, I conclude that this assembly of leading journalists from the South Asian countries must commit themselves to the security of the countries, the peoples of the region and the region itself by building the bulwark of unarmed peace and cooperation and giving life to the inert printed words.

“Not the rat-like cunning, nor the little literary ambition” it is the passion for truth and the romanticism of the words which one thinks are worth their weight in gold that make the true journalist run. That is the highest compensation for those who have fallen in love with it for a lifetime. It is hence the best profession in the world. Let's all make it beautiful.

Enayetullah Khan is the Editor-in-Chief of weekly HOLIDAY and its monthly magazine 'SLATE'. He will also be editing the forthcoming English language daily ‘NEW AGE’.

O

n behalf of the people of Bangladesh and the Bangladesh Awami League, I welcome the journalists, experts and the distinguished persons associated with the SAFMA . Please accept my warmest felicitations.

The topic of the conference ‘Media and Democracy’ is not merely a duet of words but has great significance as well. I use the word 'duet' for the words media and democracy because they complement each other.

Democracy without a free press is a breeze without oxygen, while a press without democracy is a torch without battery. In reality, one without the other is incomplete and inert.

The word mass media is pluralistic. In the age of the information revolution the electronic media has become the powerful tool of communication. Courtesy of the satellite, rich and poor, literate and illiterate are being shown the world through TV. On the other hand, any person literate in any international language (say English) can enter cyberspace.

By dint of the latest technology, we can access television or internet even when we are on the move. Today like a book or a newspaper, a watch, a cellular phone, a laptop or a palmtop can bring the world to all of us.

The media today has no national boundaries.

What we call satellite technology is really boundless like the sky. The utility of the media is also multi - dimensional. It is no longer limited to providing news or information. The mass media, particularly the electronic one, is heavily used for entertainment. Besides, as a marketing tool it is unparalleled. It builds images across the world, brands the product and creates market. In reality information technology has created the preconditions of

globalization.

The relationship between democracy and media is intrinsic. The ‘enlightened 18th century’ saw the proliferation of newspapers and publications in France, Britain and other countries, carrying the latest philosophical, political, economic and cultural ideas.

The feudal system did not tolerate newspapers as it did not democracy. Censorship was imposed to restrain the free flow of ideas that was the fountain head of pluralism. Many publications were banned. The system had to be institutionalized by decree.

The democratic movement, the labor movement and civil society movement in Europe and America used newspapers in the 19th century as their mouth pieces defying censorship. Because of the wide diversity of philosophical and political thought 'universal news' was hard to find.

It was observed that the followers of a particular school of thought, organized their own newspaper or publication to propagate their ideas. The 'people's paper' a popular newspaper, was the mouth piece of the English Chartist movement. The tradition continues in the post-modern era. There are differences in the level of the censorship from country to country.

In many places the intolerance of the state reaches such a level that newspapers unacceptable to the ruling coterie have to be underground. Bangladesh in the pre and post independence period, like Europe in the 18th century, faced such situations.

From the 50s till the attainment of our independence, the daily 'Ittefaq', 'Sangbad' and 'Observer' not only worked as mouthpieces of the democratic and national movement but were also tools in organizing the masses. Some short lived periodicals also played a great role during the period. These newspapers played a historic role in developing the secular nationalist ethos for a democratic nation-state that emanated from the language movement of 1952.

Like the Pakistan period, the post-independent Bangladesh too suffered overt and covert military rule for almost two decades after the brutal assassination of the Father of the Nation Bangabhandu Sheikh Mujibur Rahman on 15 August 1975.

During this time constriction of the press was a routine affair.

Apart from censorship, dictation by telephone, intimidation, cancellation of declaration, seizure of certain issues, denial of government advertisements, bribes, arrests, persecution and killing of journalists and other kinds of state terror continued.

After the restoration of parliamentary democracy in 1991 for the first five years when the BNP was in power, the media was subjected to the same policies as the military governments had pursued and a discriminatory policy was the result.

The people of this country under the leadership of Awami League have repeatedly engaged in a valiant struggle against military and autocratic rule. Hundreds of political activists and scores of journalists had to face inhuman torture, persecution and imprisonment as a result. Many had to lay down their lives.

The situation changed after the Awami League came to power in 1996. Sheikh Hasina, daughter of the founding father of Bangladesh Sheikh Mujibur Rahman, institutionalized democracy and ensured absolute freedom of the press. State intervention, intimidation, coercion and telephonic dictations to newspapers and newsmen were abolished. As per election commitment, the National Press Trust, paid for by tax payers’ money, was abolished. Working journalists and employees in the Trust papers were adequately compensated.

A number of private television channels started operated during the Awami League regime. Apart from satellite TV, a terrestrial television-Ekushey TV-was allowed to operate. ETV gained mass popularity. This television channel was closed down by the present government. These electronic channels enjoyed full freedom during Awami League rule. A commission was set up to ensure autonomy for state owned radio and TV. Policy principles for granting autonomy to radio and TV were also adopted.

Sheikh Hasina's government had ensured free flow of information because access to information is a fundamental right of the people. Proceedings of the national parliament was broadcast live on radio during the Awami League regime.

Certain parts of the proceedings were also shown on TV live and others were telecast later.

The withdrawal of taxes on computers and the establishment of a 100 crore special fund for the development of the IT sector led to revolutionary changes. The free access to information technology led to the proliferation of e-mail and websites in the country.

The confluence of democracy and mass media in the 21st century has led to the redefinement of the democratic contours. The mass media has become the ornament of democracy. But unfortunately, I have to say, the incumbent BNP-Jamaat government has failed to accept this ground reality in Bangladesh.

The misrule of the government for the last 19 months has pushed the country to the brink of disaster. After the general elections of October 1, 2001, violating all democratic norms and values the government and the ruling Alliance's hoodlums have let loose a reign of terror on Awami League and the minorities. By this time, a few thousand opposition political leaders, workers and supporters have died at their hands. Hundreds of women and children have become victims of persecution, merely because of

their political affiliation. Just because they were Awami League supporters, thousands of people from the minorities had to leave their homes and hearths and seek safe sanctuaries elsewhere. Hundreds of leaders and workers of Awami League and other opposition parties have been repeatedly sent to jail. Even, non partisan intellectuals and journalists have not been spared. Violation of human rights have become a regular event. In the last 19 months at least 3 journalists were killed. More than 5 hundred journalists became victims of physical torture of intimidation. A number of newspapers and publications from the rural areas lie 'Dainik Uttar Banga' (The Daily North Bengal) of Natore have had their declarations scrapped.

About fifty press clubs around the country have been attacked or occupied by ruling party activists. Insecurity in the carrying out of journalistic duties is increasing alarmingly. The government has either stopped giving advertisements or reduced them to newspapers that it dislikes, like the daily Janakantha (The People's Voice).

Government commercials are being used to rein or rule newspapers. Although censorship has not been enforced, the free flow of information through newspapers and the electronic media is being interrupted in various ways. The state owned radio and television have been transformed into ruling party mouth-pieces.

Universal franchise, right to freedom of expression, criticism, freedom of choice, right to association and assembly are the essence of democracy. And not only for molding opinion but also to organize people, newspapers have taken the lead. That is the reason why the press is called the 'Fourth State'. In the post-modern era the role of electronic media has become ubiquitous, along with the print media. No law can now interrupt the free flow of information in the cyber age. It is not possible to resist the march of democracy, nor is it possible to contain democracy's partner-the mass media.

Therefore, the free people of a free society in contemporary times is the historical destiny of humankind.

I

do welcome all the journalists coming here from different countries of South Asia. I hope that your stay in Bangladesh will be enjoyable. The exchange of views, ideas and experience of South Asia Mass Media will enrich us. You will discuss the problems and prospects of South Asian Mass Media which will pave the way for adopting common strategy.

The main theme of the conference is ‘Media and Democracy’. We firmly believe that a strong mass media is indispensable to consolidate democracy . On the other hand, in the absence of democracy media cannot play a strong role. This is why, mass media and democracy are complementary to each other. I believe that the conference will help strengthen the bridge between these two.

In this perspective, mutual cooperation of the media men of South Asia will benefit all. If it is possible to ensure the free flow of information among the South Asian countries, the development and progress of the countries of this region will be accelerated.

Bangladesh is a liberal democratic country.

The flourish of democracy had been halted with the introduction of one party rule in 1975. Publication of all newspapers excepting only four state-controlled newspapers had been banned at that time. As a result the democracy and the newspapers as well were shattered. We have passed that stage after a long struggle for democracy. All the black laws relating to control of newspapers were annulled. I am proud to say that Bangladesh

is now a country of free press.

After assuming power in 1991 the government of Bangladesh National Party (BNP), under the leadership of Begum Khaleda Zia, removed all those hindrances in this respect. Now everyone has a freedom to publish any newspaper. Anyone can express his opinion in a free and fair manner. The government has no control or restriction on the free flow of information.

But its a matter of great regret that in some cases the advantage of free flow of information is being misused by some quarters.

Some newspapers are tarnishing the image and interest of the country by publishing baseless and fabricated news items. It has been repeatedly proved that published news items are fabricated and motivated. Inspite of that, the government did not take any measures against those newspapers. We hope their good sense will prevail one day for the interest of the people and the country.

Not only the South Asian countries, but also all the Third World countries are hostages to the developed countries in this age of free flow of information because they have all the modes to control the flow of information. We are very much dependant on them for information. But they do not accept our achievement in the field of democracy and development. For this reason, the actual picture of Third World countries is not being projected.

These problems, I think, will be addressed to a great extent if the co-operation among the mass media of South Asain countries is strengthened.

There is ample scope of cooperation amongst the South Asian countries. This cooperation can help ameliorate the lot of 150 crore people of this region. Bearing that prospect in mind, Shaheed President Ziaur Rahman took initiative to form South Asian Association of Regional Co-operation (SAARC). I hope the mass media of South Asia will play a pivotal role to make SAARC a more effective and vibrant organization.

It is my firm believe that you will also take some bold initiatives in this regard. I wish the conference a great success.

W

hile the Indian media have many achievements to their credit, they face several challenges:

1.

2.

3.

4.

5.

Widespread trivialization of the media stemming from commercial considerations has eroded the institution of the Editor.

The dangers represented by non-State players in Indian polity. In this context, the role of extremist organizations serves further to imperil the freedom of the media.

In consonance with the trend elsewhere in the region, the Government is seeking to expand its influence/control of media. This phenomenon is exacerbated by the lack of good governance and rise to power of elements inimical to a pluralistic society and a free media.

Commercialization of the media has posed new problems and challenges for the integrity of individual journalists. This danger is compounded by efforts of the authorities and political forces to distort professional perspectives by encouraging proxy journalism.

Attempts by governments to abuse the institution of the judiciary and branches of the executive such as the police and various regulatory agencies to target select individual journalists have a ripple effect on all aspects of democracy, notably the freedom of expression. The Official Secrets Act and the law of contempt pose a major challenge to the media's freedom.

Media in Pakistan Rapporteur: Afzal Khan

P

akistani media has a history of nearly half a century of struggle to free itself from unprecedented shackles, multiple constraints and diverse social, political, religious and ethnic pressures.

Several factors have determined its growth as an industry and the ability as a purveyor of news and views.

1. Lack of democracy even under civilian rule, apart from periodic bouts of military interventions that kept the country under authoritarian rule for half of its existence.

2. Newspaper circulation and readership has been low. Readership is estimated at about 7.5 million.

The reasons are: i) Low literacy rate, 47 % according to official figures which includes people who can just sign their names; ii) Prohibitive cost of production (Price of English newspapers is between Rs. 10-13 and Urdu language newspapers Rs. 7-10). iii) Advertisement market is small, worth only Rs 3 billion (1/3rd of which comes from public sector which dominates the economy while private sector has remained weak, thus providing the government with enormous leverage to control the media.

3. Electronic media which has wider reach and audience, has remained under state control, severely restricting its credibility and increasing dependence on foreign media like BBC, VOA, VOG, etc. for information. Indian governments' unilateral punitive actions in the wake of Dec. 2001 terrorist attacks in parliament provided an excuse to the government to ban Indian TV channels.

4. Of late, private channels have sprung up, providing access to largely unrestricted information and opinion. Globalization afforded opportunity to foreign wire services to provide news services to Pakistani press. Till 1993, state-owned APP distributed these services censoring all anti-government material.

5. Commercial interests and lack of commitment to ideals of press freedom and professionalism on part of newspaper owners (barring few

33

Mr. Afzal Khan presenting his report on the media in Pakistan

6.

exceptions) put the entire burden on working journalists to fight for press freedom. They measured up to the challenge and waged a valiant struggle against military dictators and authoritarian persecution, flogging and even assassinations.

Like in other South Asian countries, the information

ministry has wielded unprecedented influence and control over the press through ads, secret funds, patronage in the form of foreign trips etc. It has promoted sycophancy and encouraged proliferation of dummy press. Investigative reporting has been discouraged and the press focuses on statements and long speeches.

7. The style of governance in the entire region has tended to promote a personality cult. Rulers have appropriated projection on TV channels, radio and newspapers. In his first address on TV, Mr Z. A. Bhutto told TV, radio and newspapers that they had destroyed Ayub Khan through over projection, particularly during celebrations of 'Decade of Development'. “Show workers, peasants, students and ordinary people on TV, not me and my ministers,” he said.

But he soon reverted to the same practice. Zia in his first news conference said he was a humble man and would like to remain in low profile in the media, but never acted upon that promise. Same was true about Benazir Bhutto and Nawaz Sharif. Gen. Musharraf initially avoided publicity for quite sometime but could not resist the temptation too long.

Nobody ever realized that over projection produces an opposite effect on the targeted audience.

8. For the past nearly two decades, the press in Pakistan has enjoyed unusual freedom. The quality of reports and comments has won international praise. It is interesting to note that the first flush of freedom came at a time when Prime Minister Junejo and his information minister were least bothered about personal publicity. The genie of press freedom popped out of the bottle and the successive governments, including the military regime of Musharraf, had to allow more and more freedom to an increasingly independent and assertive press.

9. While government curbs have steadily decreased, the press has faced pressures from religious, sectarian, ethnic and

other segments of society. These have multiplied during past over two decades with the rise of fundamentalism, conservatism and obscurantism, particularly under Zia. 10. Security syndrome, chauvinism and parochialism have impacted on professionalism and objectivity of journalists in the entire South Asia region. Organizations like SAFMA can play significant role in promoting tolerance, understanding and accommodation. They can also resist attempts to curtail freedom in crossborder reporting in the name of security and ‘national interest’. Free flow of information among SAARC nations and frequent interaction among journalists can immensely improve the political climate.

11. The National Conference of SAFMA, held in Lahore on December 19-20, 2002 critically reviewed the six press laws issued by the Musharraf government, rejected these laws as arbitrary and as yet another effort to muzzle the media. It proposed the alternative guiding principles for the media laws. (The Declaration issued by SAFMA Pakistan Conference is included in this publication.)

Pakistani delegation haplessly trying to persuade its Rapporteur to include the points raised by it

34

1. The print media in Bangladesh underwent a sea-change in the last one decade. With the overthrow of the authoritarian regime by people power on December 6, 1990, and subsequent restoration of parliamentary democracy in 1991, the restrictive and penal provisios of the Printing Press and Publication Act of 1974 were excised. This opened the floodgates to new and independent publications. In other words, freedom of the press in terms of opening new outlets without legal and bureaucratic hindrances and freedom of expression in print were restored by the book.

2. Though pre-publication review or pre-censorship for that matter has long been put behind, the print media was further subjected to informal official dictates like press advice or the twisting of arms through government control over allotment of newsprint quota and allocation of government advertisement.

Military of the pre '91 regime no longer evoked; press advices have ceased to be proactive; -- newsprints, imported or local, can now be obtained from the open market; government advertisement may at the most be used as favours to some and not so much as an instrument of control any more as private sector advertising has grown in size and volume.

3. While the legal and the market factors favour a free media eminently, some problems of governance, to which the government admits, stand in the way of the print media or that of any other endeavour in the private sector. These pertain to law and order, and the money and muscle-power of vested groups in the society. These power-groups within and outside the government often pose a threat to independent and investigative journalism or newspapers expose of governmental or corporate excesses, abuses and corruption.

Consequently, some newsmen fell victim to grievous physical attacks, even death in some cases, in the last part of the 90s and the first two years of the new century. These attacks and fatalities were directly linked to the aforesaid journalists' professional pursuits, and are defying both investigation and trial.

4. The government of the day chose to be heavy-handed on some stringers and freelancers for what it considered as prejudicial reports or media activities. Without having to go into the merit of the claims on either side, it needs to be said that the random use of provisions of CrPc like Section 54, Section 501 and 502 and the subsequent alleged or real persecution in custody, particularly under 'remand' remains a serious cause of concern.

While the journalists are not above law for their professional infraction, this random practice poses a threat to pressfreedom. The professional delinquency, if any, must be dealt under the relevant civil law, and better still by an expeditious award of judgment in terms of monetary damage. The defamation law exists, but the process is so cumbersome that such plaints become time-barred, hence irredeemable.

5. The electronic media is still firmly in the hands of the government. Pledges by all the three regimes spanning the decade to bring it under an autonomous authority have fallen by the wayside. Private electronic media, including one struck down by the Supreme Court in a public interest litigation, to some extent faces governmental 'plugs on information flow'.

But the state controlled electronic media of TV and Radio strictly remained at the service of the ruling governments and their partisan interests. Yet a number of private TV and radio

6.

7.

8.

9.

channels are operating, some more are emerging, with certain limitations however.

Official Secrecy Act is an obsolete law that hinders 'free access to information'. Under the cover of this law, government officials evade transparency and accountability and it stands as a barrier to 'people's rights to know'. With the institutionalization of democracy, this archaic law and others standing in the way to 'free flow of information' need to be revoked to promote freedom of press.

The journalists' community here is now more concerned about any abuse of freedom of press that may shed lack of credibility on the profession. However, to pursue objectivity of the profession the journalists are often being subjected to 'contempt'. The community is alarmed about the frequent use of the contempt provision.

The television and radio controlled by the government have a very wider reach due to extensive terrestrial network of the BTV in particular. The report of the broadcasting commission set up by the previous government did not see the light of the day.

There is no significant progress to the pledge by the government, save the institution of a committee with some participation from outside the government, which will look into and review broadcasting and other relevant laws regarding it.

The journalists' community including the Journalists Unions, despite its political differences, is now pressing the demand for a national policy on print media, repeal of Official Secrecy Act and passage of a law for the right of access to information.

T

here has been a setback on the functioning of democratic institutions following the dissolution of parliament in May last year and the failure to hold general elections in 2002. In the absence of parliament and local governing bodies the state power is exercised arbitrarily. Against this backdrop there is growing concern that the derailed democratic process should be reinstated at the earliest through the facilitation of free and fair elections.

The Nepali media suffered a lot of restrictions and curtailment of freedom of expression during the nine month long state of emergency. However, with the present ceasefire and the peace process initiated between the Maoist and the government, the situation of intimidation and harassment of media practitioners has considerably deceased. But apprehensions on reverting to previous situation with the continued existence of arbitrary authority, threat and intimidation cannot be ruled out. Therefore, the media has a crucial role to play at present in strengthening the peace process and ensuring a peaceful conclusion of the power struggle between the palace, political parties and the Maoists, to prevent a backlash in the reinstatement of democratic Institutions.

The Nepali delegation to the SAFMA conference deliberated on the above situation and has come to the following conclusions:

1.

The media should play a proactive role in creating a conducive environment for paving the way for a quick and fair election and serve in best possible way the interests of our civil societies. We urge all South Asian countries to support the process of de-escalation, confidence building and a sustained dialogue to resolve conflicts and build bridges of harmony and understanding.

2.

Free and fair flow of information is still denied in the absence of proper legislation in Nepal. In this context we would like to draw lessons from the experiences of other South Asian countries.

3.

We want all publications from all South Asian countries to enjoy unrestricted flow into Nepal, ensuring free exchange of information across borders.

4.

In the present context almost all South Asian countries are having to cope with the impact of conflict. The most affected communities within these countries are women and children. However, we do not find examples of women being involved in the peace process. Therefore, we strongly suggest that women be involved in all negotiations of peace building and conflict resolution process, and urge the South Asian media to promote this environment.

5.

During the seven years long armed Maoist struggle in Nepal, there has been massive displacement of people from rural areas and women and children are the worst victims of this situation. They have to face different forms of exploitation and violence both physical and mental. In the context of the South Asian independent media continuing to be reluctant to recognize women's rights, we urge SAFMA to focus on this humanitarian problem of enormous magnitude and draw adequate media attention for the improvement of this situation for strengthening an equality based democracy.

6.

Nepal's democracy has also been affected by the issue of displaced people and Bhutanese refugees in Nepal. We urge the South Asian countries to support these refugees and pave the way for an amicable solution to this problem.

7.

We reiterate the demand for granting of free visas for journalists of South Asia to travel in South Asian countries

8.

We strongly recommend SAFMA Secretariat commissioning a team of senior South Asian journalists to visit Nepal with the following mission; a. examining the condition of journalists affected during the state of emergency in Nepal; b. assessing the impact of peace building process that is being threatened by the power struggle among different forces; and c. to exert moral pressure on the concerned parties, to settle their differences and expedite the possibility of holding free and fair elections at the earliest.

T

o start with, I will dwell on some basic, elementary points, for the sake of developing my arguments, even though it may seem out of place in the interaction with this enlightened gathering. What is democracy? What is the role of the media? And how are the people's rights to be safeguarded? A strong perceptible common strand runs through the three and this makes the discussion of the subject highly fascinating.

Democracy is nothing if not the people's right to choose their rulers, their government from among the various contenders.

It is a participatory system as against the authoritarian rule, where the will of whosoever is mighty in a given situation prevails and they have to live with him or her, there being no opportunity for rejection in the case of misgovernance. In exercising their choice in a democracy, citizens are guided by their experiences as also by their observations, individually and collectively. The media helps them, on the one hand to express themselves and on the other, to put various issues and situations in a perspective to enable them to exercise their right of choice intelligently.

In situations other than the choosing of rulers or the making and unmaking of governments, the part played by the media is crucial too. There are different views on its role -- some would like it to function as an adversary, others prefer it to be a watchdog, a guardian of the people's interest. In both the cases, the media has to turn the spotlight on the working of governments, their decisions and implementation. The media has not to go by their claims and in doing so, it has to tear off the facade of misrepresentations, remove the cobweb of lies, frustrate the bids for cover-up. It has to be ruthless in its exposures, if so demanded by the imperatives of defending and safeguarding the people's rights.

The people's rights should not be viewed in a narrow context.

Among these, of course are the rights guaranteed by the Constitution; right to equality, right to particular freedoms, right against exploitation, right to freedom of religion, cultural and educational rights, right to property and right to constitutional remedies. Equally important are the rights to employment, healthcare, education and shelter. It is the job of the media to ensure that the rulers make sincere, result-oriented efforts in this regard too.

Needless to say, the media cannot discharge these tasks if it is not independent or is subjected to pressures and intimidation or allows itself to compromise its independence, consciously or unwittingly. The media's may not be an adversarial role, but quite often there is a clash of perceptions between it and the government. But more on that later.

It is in order at this stage to make some generalisations -- to which caveats will be added subsequently. In India, as elsewhere in South Asia, the media asserted its independence against heavy odds.

Paradoxically, this assertion was stronger wherever the pressure against it was stepped up. The story of the newspapers, particularly of the Indian languages, conducting themselves in the restrictive regime imposed by the colonial rulers before 1947 may be old but is worth recalling. It was a golden period for the print media -- newspapers, with a few exceptions, were not economically viable but they kept aloft the banner of independence.

After the independence, the media -- the print media for the first four decades -carved out a special place for itself through its growth (not only in number but also in upgradation of production techniques). A notable feature was its pluralism and diversity, reflective of the socio-economic, linguistic and cultural scene of the country.

Newspapers are published in 100 languages and dialects, but mainly in 18 official languages and English. Hindi newspapers have the largest circulation, followed by English and then by Malayalam. The emergence of television added a new

dramatic dimension to the media scene in more than one way.

One, through its power and spread. Two, through its impact on the print media. Because of its character, television exposes the unvarnished reality -- to quote some instances, abject poverty, squalor, manifestations of official apathy and maladministration, the people's power, both in its constructive and destructive application. It frustrates attempts to cover up inconvenient situations and fudge unpleasant issues. Its potency contributes substantially to independent reporting. This healthy trend is infectious -- it enables and helps the print media in its assertion of independence.

Till recently, television in India was the monopoly of the government, which was the controlling authority. It (along with radio) is now run by an autonomous body, Prasar Bharati, but its claims of independent functioning are often questioned. Then there are satellite channels on television, run by private enterprises and others operated by foreign media corporates.

The co-existence and competition has further helped the independence of the media as a whole.

As against the healthy evolution of the media, the governmental structures and mindset are slow in changing.

The officialdom is either reluctant or unprepared to adapt to the fast changing reality. Looking at the functioning of the Press Information Bureau, one does not get the impression that it has risen to the challenges posed by the emergence of television and its impact on the print media. Old procedures still hold good. At the higher governmental levels, both political and official, the mindset has not changed. The move for a defamation law some years ago was given up following pressure from the media ranks, but the threats of action on this count have not quite disappeared. Right to information, though recognised, is yet to translate itself into reality. There is the danger of cosmetic steps projected as substantive measures.

Official intolerance manifested itself every now and then, as was evident from the action against the Tehelka portal or the correspondent of Time magazine. The newspapers and magazines at the state and more so at the district levels continue to be vulnerable to pressures by official agencies and functionaries. In cases where these publications depend on government advertisement for subsistence, there is always the danger of the financial lifeline being cut.

On its part, the media, in particular the print media, has failed to draw the desired attention to the serious maladies in the body politic -- criminalisation of politics, defections (followed by shameless rewarding of defectors with cabinet posts or monetary help) -- and corruption in public life. This indifference, in a way, is responsible for the decline in the standards of administration.

The crusading spirit, mustered by the Press before independence, is conspicuous by its absence. Had the media been alert and performed its job as a watchdog, the proliferation of mafias, the nexus between criminals, politicians and officials would have been curbed.

Whatever the imperfections, there could be no two opinions about the crucial importance of a free and independent media.

What it implied was explained by a former chairman of the Press Council, Justice P.B. Sawant, thus: "The media can perform its roles only if it is run to serve the society and is free and independent to do so. If the media outlet is operated only to earn profit, it can hardly be expected to play the said role.

Further, free press/media does not mean free only from the overt restrictions of the government. That is a narrow conception of the freedom of the media.

Besides the overt legal restrictions imposed by the government, there are covert influences exerted by it and the other authorities by extending or withholding various perks and facilities such as land, water, electricity, telecommunication, advertisements, news print and so on. If the media owners run other businesses and have to depend upon the government and the other authorities to promote them, they render themselves vulnerable all the more to the influences of the authorities. The other external pressures flow from the social, racial and religious groups; the politicians, the political parties and their supporters; the bureaucrats, the police, the local goons and the mafias of all kind; and the militants and the terrorists wherever they exist.

Internally, the pressures are exerted by the proprietors, the advertisers and the financiers. Besides, the political, ideological, class, caste, racial, social, religious and even personal biases and corrupt motives of the editorial staff from the editor down to the reporter, play their own role in interfering with the impartiality and objectivity of the media.

The owners and journalists may also be

influenced by the foreign powers and their agencies. The information is on occasion tilted, suppressed, distorted and even false information is planted on account of these various influences. The media which is subject to such pulls and pressure is not always able to perform its due role expected of it in a democratic society.

Information is the staple diet of the media and, if denied, could well lead to starvation.

As the ultimate sovereign, the people have the right to know and to have access to information. This is necessary to enable them to make right decisions. It is an inherent right, not stemming from any statute. As pointed out by those who have studied the functioning of the press in detail, freedom of media includes the right to receive and collect information of public importance from all primary and authentic sources and to disseminate it through all legitimate means.

The freedom of the media also means the freedom of the people to have full and truthful information on all matters of public interest. The only exception is the information which needs to be withheld in the interest of the people. But care is to be taken that this exception to the rule does not become a pretext to deny the media -- and through it, the people -- their inherent right.

The rulers tend to blur the distinction between the government and the state and deny information unpalatable to the ruling establishment, on the ground that its dissemination would hurt the interests of the state. According to one study, some 60 out of 117 democracies have a free press, but only 17 allow the citizens free access to government information and only one, South Africa, gives access to information from private organisations. Governments everywhere have a stake in secrecy of their functioning.

That is a major challenge for the media everywhere -- India, not excluded.

Any account of the Indian media scene will not be complete without a mention of an animated controversy that raged last year over the official proposal to allow foreign direct investment in the print media. Finally, the government announced permission for 26 per cent equity participation, subject to conditions, seeking to guard against editorial control by the foreigners.

This reversed a settled policy, laid down as far back as 1955 during the Nehru era and followed rigidly since then despite occasional demands for a review. The parliamentary standing committee on information technology, which was asked to consider the issue, was against any change. It was "not in favour of allowing foreign newspapers and periodicals, which deal mainly with news and

current affairs to bring out Indian editions or foreign shareholding in any form in the Indian print media sector."

However, it made an exception in the case of foreign scientific and technical magazines, allowing their publication in India for the "benefit of the students of science and technology and scientific community in collaboration with well-known or competent Indian publishers dealing with such subjects". The government allowed up to 74 per cent foreign investment including FDI in this category.

In the preceding debate, the two viewpoints were propounded strongly, even acrimoniously. Those favouring the change adduced the following arguments. 1) Restrictions on foreign investment do not fit in with the current trends -- of globalisation and liberalisation of economy. In an increasingly integrated world, human and democratic rights too, need to be seen as global in nature, with newspapers anywhere regarded as the resources of the whole mankind, 2) When other sectors of the economy are being opened up so as to allow foreign capital, management and technology, newspaper industry should not be made an exception, 3) In the context of globalisation, Indian business, industry and financial institutions need to obtain fast and reliable information and analysis of trends from other parts of the world and foreign newspapers could be a valuable source, 4) The entry of foreigners would solve the problem of the paucity of capital, faced by some newspapers. Also, it would help bring in latest technology, 5) Foreign newspapers or foreign investment would be allowed within the Indian legal framework and, as such, apprehensions of control by foreigners are unfounded and 6) Foreign television networks have entered Indian homes through satellite and cable services. The entry of foreign newspapers would be no different.

Those opposed to the change on the other hand, based their arguments on constitutional and political grounds and on considerations of national interest. They resented the stand of those who equated newspapers with other industries -newspapers, unlike other industries, influence the minds of people, shape their opinion on all manner of issues. It was because of this role that newspapers were described as the fourth estate. If there was no case for the entry of foreigners in the first three estates, the executive, legislature and judiciary, what was the justification for opening the fourth one, it was asked. Entry of foreigners in the print media would pave the way for their interference in the country's political life. In support was cited the case of Britain where a mighty media baron, a foreign national, shifted his support from one Tory candidate for prime ministership to another, or from the Conservatives to the Labour Party and, thus, exposed himself to the charge of interfering in the country's domestic politics. How would Indians like a situation where a foreigner, controlling one paper, backs the BJP and another in a different publication supports the Congress?

As for technology, major Indian newspapers already use sophisticated equipment which is freely available off the shelf in the world market. Foreign newspapers do not have a monopoly of modern technology.

The debate is over. How the 26 per cent foreign investment works is to be seen. It will be interesting to find whether other South Asian countries faced such a situation and, if so, with what results.

By I. A. Rehman (Pakistan perspective)

P

akistan has never known democracy.

Even when the trappings of democratic rule have been sported by the state's establishment, media's role has not been accepted either as a contributor to democracy or as one of its beneficiaries.

Thus, Pakistan can claim to have a greater, and more varied, experience of the impact of authoritarianism on media and human rights than perhaps any other state in South Asia. I wish my country did not have this foul, and avoidable, distinction.

Pakistan at its birth was supposed to be a democratic state, at least to the extent the Government of India Act permitted. The Act, employed as Pakistan's provisional constitution for nine years, did not envisage a democratic dispensation which had to be raised on the foundations of democratic federalism. The lack of space in it for the aspirations of the provinces (the federating units) was presumably the reason that the founder-leader of Pakistan, Quaid-i-Azam Mohammad Ali Jinnah, had rejected the federal part of the Act. But that was before the British made a slight change in their maxim, replacing 'divide and rule' with 'divide and quit'. Once Pakistan had been achieved, its ruling elite saw no harm in the Act of 1935.

Not only was the Act retained as the state's basic law for long years, all constitutions of Pakistan have derived their main body from this piece of legislation by the British Parliament.

Studied, deliberate and stubborn denial of the federal imperatives gave rise to authoritarian tendencies early in Pakistan's history. The retention of the two-nation theory, discarded by Mr Jinnah as well as Mr Sohrawardy in 1947, as the dominant ideology and the mistaken belief that religion provided a comprehensive package for diverse people's unity (which could justify the running of a federation as a unitary state) made a rational discourse on federal issues impossible. Reliance on religion as the raison d'etre of the state marked a critical first step towards theocracy and, inevitably, towards

authoritarianism.

Another factor that fed the authoritarian streak was the security syndrome Pakistan was born with. Expiry of the infant state might well have been a legitimate fear in the minds of Pakistan's first leaders but they soon fell in love with the complex since it enabled them to protect their undemocratic actions against serious challenge.

The result of these two premises -- denial of federal principles and inflated security concerns -- was devaluation of democracy and human rights both. Any reference to the multinational character of the state was condemned as a deviation from the foundational ideology of the state. Demands for the rights of the federating units became treason. Anything that the establishment considered contrary to its security perception was

branded as not only treacherous but also sinful.

Thus, within months of Pakistan's creation, publications that had referred to the rights of nationalities were proscribed. An English daily was suppressed for what was considered an adverse reflection on the holy war in Kashmir and Maudoodi was castigated for not treating this conflict as holy. The state went back on its pledges to scrap the laws that curtailed the civil liberties and made the Press (Emergency Powers) Act of 1931 into a permanent instrument to keep the media in check. And it was kept in check.

By the beginning of the fifties, the basis of Pakistan's division into two entities following contradictory political ideals had been laid. This also marked the division of the media. While the media in East Bengal could not, by and large, fail to espouse the democratic aspirations of the population, the popular media of the privileged western wing became, by and large, the drumbeater of the establishment. The latter made little attempt to appreciate the requisites of a federation, treated the provinces' demands for autonomy as heresy, and went to the extent of denying equality of status to the citizens of the oppressed nationalities. The result was that not only the gap between the leaders of the two wings became wider and wider, their people also got alienated from each other. In the period that demanded conscious and affirmative efforts at national integration Pakistan was failed by its political leadership and also by its dominant media. The west wing leaders and its media made some signs of realizing this in 1971 but perhaps found the lesson much too distasteful and chose not to learn the whole of it. Throughout this period democracy and human rights remained at a discount.

However, during 1947-58 the establishment's efforts to control the media and clip human rights stemmed from its perceived needs of the state and authoritarianism formed part of its tactics.

But when authoritarianism was established in the country in 1958 as the state's legitimate ideal, control of the media and denial of human rights became integral to the state philosophy.

Authoritarianism cannot flourish without curbing freedom of expression (the illegitimacy of rule must not be exposed) and convincing the people that they are better off without enjoying their human rights.

The man who laid the firm foundations of authoritarianism in Pakistan was Ayub Khan. Following the logic of authoritarianism he labored to bring the whole media and culture under state control. He began by 'regulating' cinema, followed this by the enacting of a more pernicious version of the Press Act of the colonial period, added to security legislation applicable to the media also, created his own Press through the National Press Trust, added television to the state monopoly over the electronic media, and created a Writers' Guild to hegemonise the writers.

As regards human rights, he not only denied them by depriving the people of their political rights, he did not consider it necessary to include the fundamental rights chapter in his constitution of 1962 and when this omission was corrected he perhaps considered the change as inconsequential as the readoption of the state's title as an Islamic Republic. Some basic

features of the Ayubian design have survived to this day.

Ayub's authoritarianism, however, was not rooted in religion belief. He remolded institutions, including the media, in accordance with the requirements of dictatorship which were largely of a secular nature. It was left to Ziaul Haq to turn authoritarianism into a divinely ordained order. All proprieties, in politics, in law, in education and in social conduct had to be determined by popular belief of the majority community. Realizing that obscurantists shared the military's interest in denying democracy, including media freedom and the spirit of free inquiry, he fostered their growth. He freed the mulla of dependence on the community's charity, brought him into the judicial and bureaucratic machinery and finally placed a gun in his hands. There was no possibility of democratic ideas or notions of media freedom surviving under his regime.

The steel-frame of authoritarianism perfected by Ayub and Zia regimes, with the addition of religious sanction for it by the latter, was not broken by the supposedly democratic regimes that appeared during the periods when Pakistan's military preferred indirect rule to a direct one. The political leaders who took command during such intervals attributed the military rulers' ‘successes’ (in keeping the people down) to their authoritarian policies and chose to adopt them without reservation. None of the measures put into place to restrict democracy and control the media were undone by these civilian rulers.

General Pervez Musharraf, Pakistan's ruler since 1999, has chosen to have the best of both Ayub and Zia models. He prefers the Ayubian mask of a liberal (if not a secularist) to Zia's proselytizing zeal and borrows rhetoric from both to deny democracy and human rights. His attitude towards the media can be judged from the series of ordinances he issued last year, most of them after the general election that was supposed to mark the country's transition to democratic rule.

One of these is a revised version of Ayub's Press law, another envisages the creation of an authoritarian Press Council, a third creates a more stringent defamation law for media-persons, and the fourth restricts access to information under the garb of

freedom of information. Through arbitrary changes in the basic law he has made the state more authoritarian than ever.

Pakistan's history is unique in the sense that here authoritarianism is sanctioned by the judiciary and issues of democracy are decided not by the people but in courts.

Neither Zia nor Musharraf struck down the fundamental rights. However, while Zia denied human rights by barring access to the judiciary, Musharraf is being accused by the country's bar association of having achieved this result by bribing the judicial authorities.

No discussion on the state of media, democracy and human rights in any country is possible without reference to its judicial organs' capacity to defend the basic rights.

All forms of authoritarianism are bad but those enjoying the underpinning of religious belief are the worst. At the moment the scheme of governance devised by Pakistan's latest military regime has not reached fullscale implementation. A tussle is going on between the under-privileged remnants of the democratic elements and the privileged votaries of authoritarianism. This, and the explosion of the international media, has enabled the Pakistan media to appear to be freer than it is. It is wrong to judge the degree of a media's freedom from a great deal it can report and ignore the little it cannot. The critical issue in Pakistan is that the media is confined to the parameters of discourse determined by authoritarian regimes. Thus it cannot challenge the existence of the Federal

Shariat Court or the rationale of the blasphemy law. It can feel sorry if a woman is gang-raped or a 6-year-old girl is given in marriage to a man of 60 but cannot challenge the precepts in which these practices are rooted. It cannot challenge the military's exclusive right to build roads or the Rangers' right to oversee the supply of water in Karachi. It can go on preaching that rulers should be properly robed but cannot tell the truth when one is found naked.

It will be unfair not to admit the resistance to authoritarianism by a section of the media throughout Pakistan's history.

However, even the most courageous in the media have often lacked adequate comprehension of the indivisibility of human rights or their universality. Thus one may find tomes written on the democratic rights of the Muslim majority and ignoring these rights of non-Muslims. Similarly, the independent media continues to be reluctant to recognise women's rights.

The media in Pakistan is like a strange mosaic. Some of the pieces are as brilliant as anywhere while some others are shaped by authoritarian tendencies. In the electronic field the state retains a strong monopoly which is only partially challenged by private TV channels. The government not only keeps a close watch on them but is also not averse to interfering with their news and current affairs programmes. The owners of these channels cannot even think of defying the intelligence agencies. The print media publishes a great deal in the nature of criticism of the establishment but cannot break out of the restrictions of ideology maintained by state and non-state actors alike.

Perhaps some of the authoritarian tendencies in Pakistan and their adverse impact on media, democracy and human rights are fuelled by bilateral and regional tensions that South Asian governments keep alive in narrow political and sectarian interests. A time may have come to examine these issues in the regional context.

T

he Popular Peoples' Movement of 1990 and the present Constitution had fundamentally restructured our state and the system of governance. A constitutional framework was established with the people as the real sovereign. The role of all the organs of state, including the Constitutional monarchy, had been defined. Still, the language of the constitution was not clear on some issues. Due to these shortcomings and failure of governments in the last 12 years, we failed to develop strong democratic institutions and a democratic culture.

There is a crucial need for a media which has a responsible role to play in ensuring good governance, rule of law, transparency and free flow of information. But the Nepali media had to suffer even more due to the imposition of a nine month long state of emergency. The Nepalese people want to preserve constitutional reforms and the present democratic constitution. The Constitution guaranteed adult franchise, parliamentary system, constitutional monarchy, multi-party democracy, free and effective judiciary, the rule of law and the sovereignty of the people.

Past constitutional exercise was not without shortcomings. For example, the parliament remained a hostage to the whims of political parties and the government. The governments failed to fulfill the commitments made to the people. The political parties have not been able to function in a democratic and responsible manner. The lack of good governance, criminalization of politics, politicization of administration and education sectors caused disillusionment among the masses. The media has been vigorously campaigning for the peaceful solution of all the problems that Nepal is faced with. At present it has a crucial role to play in ensuring that the present peace process succeeds. In this regard, it is encouraging that the government and the Maoists have agreed to a Code of Conduct to make the peace talks more systematic and successful. The media in Nepal played an important role in drumming support for such a code of conduct to come about and develop an environment of mutual trust.

The Constitution of the Kingdom of Nepal ensures fundamental rights and they cannot be withdrawn. Under the fundamental rights, Article 12 (2) (a) guarantees the right to freedom of expression to every citizen. Similarly Article 13 of the Constitution guarantees that there will be no prohibition on printing and publishing of news; there will be no closure of a printing press and the registration of a publication will not be cancelled. But His Majesty the King had declared a state of emergency and suspended all the rights guaranteed by the Constitution. When emergency was declared the government also introduced an ordinance regarding the control of and punishment for terrorist and destructive activities.

Under this ordinance, a ban was placed on the publication and broadcasting of any interview, write-ups, news, materials and visuals that may report or highlight the activities dubbed as terrorist by the authorities. The direct consequence of this

Mr. Gopal Thapaliya presenting his paper

ordinance was felt by the entire press of Nepal. The government had ordered the entire Nepalese media not to publish and broadcast such materials. The Nepalese press had to experience one of its most difficult periods in history during this nine month of state of emergency. There were incidents when journalists were intimidated. The government provided one-sided information. Access to information was completely denied. Some arrested journalists were even murdered. Media bodies were harassed through surprise inspections.

Arrests and harassment became common practice. 91 journalists were arrested. Among those, 31 were in government custody, 13 were incarcerated in prison, 18 were under general arrest and whereabouts of 21 journalists are still not known. The media had to initiate a protest movement against it.

The National Human Rights Commission has taken note of the serious violations of human rights during the state of emergency. The

rebel side was also involved in the acts of intimidation of journalists. It was unfortunate that because of the restrictions imposed by the governments, the Nepali media was not able to provide true and factual information. Similarly, a great challenge arose in fulfilling the role of a responsible media, because obstacles were created in the verification of events. Nepal, according to international agencies, had become the world's largest prison of journalists.

The freedom of expression is at the heart of all other freedoms. Article 19 of the Universal Human Rights Declaration states that “every person has the right to freedom of expression and its publication. He or she can get opinion without interference and will also have the right to seek and publicize through any medium such opinions without any hindrance”. The Constitution of the Kingdom of Nepal also states that freedom of expression is the basis of multi-party democracy and freedom of press is necessary for the consolidation of democracy. However, in Nepal, they have made a mockery of the constitutional right to press freedom. Direct interference continued to take place, sometime through the notices of the Defense Ministry and through similar requests from the Home Ministry. Similarly, security agencies and officials directly controlled the dissemination of news and information, sometime not even revealing their identification.

More than 118 journalists were kept under

detention and even now, after the declaration of a ceasefire, there still are many journalists in government custody. Krishna Sen, who was a central member of the Federation of Nepalese Journalists and editor of Janadisha Daily was arrested on May 20, 2002 and killed while he was in government custody. The truth about this incident has not been made public yet. Raids were conducted against some printing houses, workers were arrested and published materials confiscated. The media persons also became a victim of the Maoists. During this period, the Maoists kidnapped about half a dozen journalists and killed Navaraj Sharma, the editor of Kadam, the first ever newspaper of Karnali zone, a zone in the remote Western part of Nepal, after he was kidnapped by them.

Protecting fundamental rights, democracy and press freedom is our main concern. The Nepalese media is opposed to all encroachments on our fundamental rights. It has expressed determination to stand by its commitment to “information, personal security and freedom of press”. At the moment when Nepal is close to achieving peace in the government-Maoist conflict, the media has a crucial role to play in facilitating a durable solution. In fact, the entire Nepalese media sector can take pride in helping a peaceful settlement to the civil war.

However, the task of the Nepalese media has not ended. Now, as the Code of Conduct is being announced by the government and the Maoists, the media has to be vigilant about strict adherence to this code.

I am confident the Nepalese media with the cooperation of all my friends and colleagues will live up to the expectations of the people. And I am also sure our friends from the media sector in this region will continue to support our efforts to ensure democracy, freedom and peace in our country.

Mr. Gopal Prasad Thapaliya is Editor-in-Chief of Chhalphal weekly, Nepal.

Specifically, it was decided to recommend the holding of a SAFMA workshop for journalists working in the electronic media.

Here is the brief list of recommendations made by the committee:

! The committee was of the unanimous view

that there should be no banning of TV channels of one country in another South Asian country. Such a ban, without any doubt, violates the very spirit of freedom of media.

!

Restraints should be put on the tendency to indulge in chauvinistic and communal approach to coverage of contentious issues.

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It was felt that politics dominate the coverage of the electronic media and sufficient attention is not devoted to such areas as economy, culture and social development. This balance has to be corrected with an emphasis on human interest reporting.

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SAFMA should help bring the electronic media professionals together through its website and provide contacts that may be used in giving a balance to stories that relate to regional issues.

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Visa problems of electronic media teams are somewhat of a different nature as they have to travel in groups. SAFMA should extend assistance in this context.

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SAFMA should also help in the training of electronic media journalists for operating in high risk and hostile areas; furthermore, there is a need for all kinds of training of professionals. One idea discussed was to provide internships in other countries to promote mutual understanding.

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It was suggested that joint productions particularly in the field of TV documentaries, should be encouraged.

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Considering the great benefits that can be drawn from the electronic media technology, it was suggested that all SAFMA events should be covered on Betacam digital format and CDs should be provided to all the delegates.

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It was pointed out that Sri Lanka is at the edge of satellite footprints and does not normally receive all signals. SAFMA may contact the relevant authorities to look into the problem.

S

ince all the participants were electronic media professionals, the deliberations of the committee were well-focused and pertinent to the subject. The committee dealt with cross border issues. It reviewed the entire electronic media scene and noted the remarkable surge of private television channels in South Asia. An important element of this trend is the increasing domination of 24hour news channels. It was felt that due recognition should be given to electronic media by SAFMA, ensuring more participation of radio & TV professionals.

The participants of the meeting reviewed the state of professionalism in the domain of electronic media at a time when the proliferation of news channels has inspired hectic competition. This competition has the capacity of breeding sensationalism and often, events are unnecessarily dramatized.

The participants also talked about the great social responsibility of the electronic media because of the massive impact that it can have on the minds of millions of viewers and listeners.

Consequently, it was suggested that SAFMA should make a special effort to study the role that the electronic media plays.

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