Overcoming information deficit Visa free regimeImtiaz Alam Dr. Bhekh Bahadur ThapaSecretary General SAFMA Minister-in-charge, Foreign Affairs of Nepal

Saarc Journalists Summit overview Inaugural Session:Sadaf Arshad Freedom of media and press lawsEditor Publications

Liberal visa for journalistsSaarc Journalists Summit Sheikh Rashid AhmadDeclaration Information Minister of Pakistan

Discussion SAFMA does itM. ZiauddinPresident SAFMA Pakistan

Proposed Protocol onFree Movement of Media-persons

Information and everyday democracyand Media-products Rajeev DhavanAcross the South Asian RegionSenior lawyer, India

Creating South Asian information spaceA bitter storyYashwant SinhaI. A. RehmanMinister for External Affairs of IndiaDirector HRCP

With SAFMA's initiativeJournalists harassed Khurshied Mehmood KasuriGokul PokhrelForeign Minister of PakistanVice-President SAFMA, Nepal

Better South AsiaScope of freedom not determinedM. Morshed KhanNiresh Eliatamby

Foreign Minister of BangladeshExpert on media laws

Supporting SAFMA Media dividedTyron Fernando Iqbal Sobhan Chowdhury Foreign Minister of Sri Lanka Vice-President SAFMA, Bangladesh

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Discussion Not to be complacentK. K. KatyalPresident SAFMA India

Session-II: Right to know and access to information

PM Thapa supportsGopal Prasad ThapaliyaPresident SAFMA NepalNot optimistic

Syed Badrul Ahsan Assistant Editor,

Train young journalistsNew Age BangladeshN. M. AmeenOrganiser SAFMA Sri Lanka

Our darling whistleblowerRajeev Dhavan

Proposed Protocol (Law) on Senior lawyer, IndiaFreedom of Information for Saarc and its Member Countries

Right to know not implementedDr. Ram Krishna TimalsenaSpokesperson of Supreme Court, Nepal Glimpses

Information law that prohibitsI. A. RehmanDirector HRCP

New era?N. M. AmeenOrganiser SAFMA, Sri Lanka

Session-III:Free movement of journalists and free flow of information

Through SaarcReazuddin AhmedPresident SAFMA

Edited by: Sadaf Arshad, Editor PublicationsDesigned & Produced by: DESIGN 8

Published by: South Asian Free Media Association (SAFMA)

Central Secretariat SAFMA: 09-Lower Ground, Eden Heights, Jail Road, Lahore. Pakistan.

Tel: 092-42-5879251/53; Fax: 092-42-5879254;E-mail: safma@hotmail.com; www.southasianmedia.net.

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A historic moment of the Saarc Journalists Summit when the Secretary General SAFMA, Imtiaz Alam, got the foreign ministers of India and Pakistan, Shri Yashwant Sinha and Mian Khurshied Mehmood Kasuri together for a friendly handshake at the Saarc Journalists SummitA historic moment of the Saarc Journalists Summit when the Secretary General SAFMA, Imtiaz Alam, got the foreign ministers of India and Pakistan, Shri Yashwant Sinha and Mian Khurshied Mehmood Kasuri together for a friendly handshake at the Saarc Journalists Summit

No enmity, all smilesA historic moment of the Saarc Journalists Summit when the Secretary General SAFMA, Imtiaz Alam, got the foreign ministers of India and Pakistan, Shri Yashwant Sinha and Mian Khurshied Mehmood Kasuri together for a friendly handshake at the Saarc Journalists SummitA historic moment of the Saarc Journalists Summit when the Secretary General SAFMA, Imtiaz Alam, got the foreign ministers of India and Pakistan, Shri Yashwant Sinha and Mian Khurshied Mehmood Kasuri together for a friendly handshake at the Saarc Journalists Summit

outh Asia, besides other shortcomings, suffers from an acute deficit of Sinformation. In an environment of suspicion, this deficit has turned into an ailment of paranoia. SAFMA was formed to overcome this gulf and it launched a campaign for free flow of and access to information, including free movement of media-persons and media-products across frontiers.

SAFMA, in its Second South Asian Free Media Conference held at Kathmandu (January 1-2, 2002), had proposed a Protocol on: 'Free Movement of Media-persons and Media-products Across the South Asia Region' to the 11th Saarc Summit, held in Nepal on January 4-5, 2002. Up till the 12th Saarc Summit, SAFMA campaigned for two years and lobbied with the respective governments to allow a liberal visa regime. Hundreds of letters were written to all the concerned ministries and officials, but this issue could not be brought on the agenda of Saarc. The Saarc information ministers' addressed all kinds of proposals, but avoided this central link to the whole chain of free flow of information. Despite the positive signals from the political leadership in five countries of Saarc and intense efforts before the Islamabad Summit, this issue was again ignored.

However, SAFMA's efforts climaxed with holding of Saarc Journalists Summit on 'Access to and Free Flow of Information' at Rawalpindi on January 3-4, 2004- a day before the 12th Saarc Summit. Media representatives from all countries of the region reiterated their demand for removing all barriers impeding free flow of and access to information with an emphasis on allowing unhindered movement of journalists and media-products across frontiers. The Journalists Summit also approved and proposed a draft law (protocol) on freedom of information for adoption by Saarc and the national legislatures. Thanks to the recommendations made by Pakistan Foreign Office and supported by the foreign ministries of India, Bangladesh, Nepal and Sri Lanka, it also demanded that SAFMA be recognised as an Apex Regional Media Body of Saarc.

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Imtiaz AlamSecretary General, SAFMA

SAFMA's efforts, it seemed, bore fruit when foreign ministers of Pakistan, India, Nepal, Sri Lanka and Bangladesh unequivocally supported its proposals and promised to remove hurdles in the way of free movement of journalists and media-products while addressing the concluding session of the Journalists Summit. Foreign Minister of Pakistan, Mian Khurshied Mehmood Kasuri and Information Minister, Sheikh Rashid Ahmad both made a clear commitment to liberalise visa regime and encourage free flow of information.

Taking a step further, External Affairs Minister of India, Shri Yashwant Sinha promised to take steps to ease Indian visa regime for the journalists immediately on his return to New Delhi and declared that SAFMA's protocol would be considered and a suitable mechanism on the freer movement of journalists and media-products would be adopted by the Saarc Council of Ministers meeting in July, 2004. Besides India and Pakistan, the Foreign Ministers of Sri Lanka, Tyron Fernando and Minister-in-charge of Foreign Affairs of Nepal, Dr Bhekh Bahadur Thapa asked others to emulate the example set by their countries in relaxing the visa regime. Foreign Minister of Bangladesh, M. Morshed Khan said that SAFMA's 'voice of knowledge and sanity should be heard and shared'.

Such forceful endorsement by the five foreign ministers at the concluding session of the Saarc Journalists Summit has created a ray of hope that Saarc will adopt a mechanism that shall ensure free movement of journalists and media-products. In the meanwhile, SAFMA must continue to lobby for the acceptance of its two protocols and its recognition as an Apex Regional Media Body by Saarc. Thanks to its efforts, SAFMA has turned into a fraternity of South Asian media community which should be prepared to play a greater role in bringing peace, promoting cooperation and press freedom in our region. We can neither create any understanding, nor help resolve conflicts or promote economic cooperation in the region without overcoming information deficit among the countries of South Asia.

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deficit in the region, especially among the countries about one another, and “Access to and Free Flow of Information”.

ollowing an intense lobbying by SAFMA had proposed its Protocol on “Free Movement of Media-persons and FSAFMA's national chapters for Media-products Across the South Asian Region” before the 11th Saarc Summit Protocol on free movement of at Kathmandu that it reiterated its call to the 12th Saarc Summit and also journalists and media-products, the proposed another Protocol on “Freedom of Information”. The agenda SAFMA Central Secretariat timed the Saarc set was to bring free flow of information and access to information on the Journalists Summit two days ahead of agenda of the 12th Saarc Summit.12th Saarc Summit to engage the foreign ministers from the member countries.

On the theme of 'Access to and Free Flow of Information', leading media practitioners met on SAFMA's platform at Rawalpindi, on January, 3,-4, 2003. The Journalists Summit, representing More than 130 journalists from all over the South Asia and around 100 the media community in South Asia, observers attended the opening and concluding sessions of the conference. focused on overcoming information

By Sadaf Arshad

Opening session in progress Opening session in progress

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Inaugural Session the development of media, it remained The conference started with the welcome address by M. Ziauddin, President under greater pressure in Nepal, he SAFMA Pakistan, who evaluated the steps taken by SAFMA in promoting concluded. dialogue in the region. He invited attention to the need to have free flow of information and free movement of journalists while taking note of the Niresh Eliatamby, from Sri Lanka, restrictions enforced by the governments. The eminent journalists and experts sounded hopeful while discussing the on freedom of media and press laws in the Saarc countries presented papers. freedom of media and press laws in Sri

Lanka. He said Freedom of Information Rajeev Dhavan, an eminent lawyer and leading civil rights campaigner from Act had been proposed. But he India, was applauded by the house for his scholarly presentation. He cautioned that next few months could thoroughly analysed and thrashed out the Official Secrets Act, Defamation be crucial. Law and emphasised the need to have press freedom allowing greater room to day-to-day democracy. Identifying new threats to democracy and areas to Iqbal Sobhan Chowdhury, Editor struggle for, Shri Dhavan made a remarkable plea for vibrant media freedom Bangladesh Observer, shared the blame

of restrictive press laws with the trading I. A. Rehman, human rights activist and senior journalist, specifically analysed houses to curb freedom of the press. He press laws and freedom of expression in Pakistan and the tale of prohibitive was of the view that free flow of press laws that started with Press and Registration Act and Press Emergency information, free movement of the print Power's Act. He was of the view that people should not go by the laws but look material and media-persons across the at the practice which is very restrictive. region could change the mind set

created by the colonial legacy and the Gokul Pokhrel, Vice-President Nepal Chapter, bringing forth the situation of politicians. freedom of media and press laws in Nepal, felt that media had undergone a change after the restoration of multiparty democracy in 1990 when the After these speakers critically evaluated Constitution had guaranteed to the right to know, which was considered the freedom of press and media laws in 'major watershed in the development of progressive press laws'. But, despite their respective countries, the house

Not on our establishments' prodding but on the call of our own conscience: Seema Mustafa pleads to push peace process forward as Mushtaq Soofi, Munno Bhai, Ruchita and Bandana watchNot on our establishments' prodding but on the call of our own conscience: Seema Mustafa pleads to push peace process forward as Mushtaq Soofi, Munno Bhai, Ruchita and Bandana watch 4

openly discussed all matters. H. K. Dua, Praful Bidwai, Vinod Kumar Sharma, Session-II: Right to know and access to informationZahiduzzaman Faruque, Satnam Singh The second session commenced with the 'Proposed Protocol (Law) on Manak, and Seema Mustafa chipped in Freedom of Information for Saarc and its member countries' presented by and gave their input. Reazuddin Ahmed, President of SAFMA. Again, the house was opened to

discussion on the Protocol in detail. Eminent media-persons, such as Imtiaz Most speakers focused on the hijacking Alam, I. A. Rehman, K. K. Katyal, and Iqbal Sobhan Chowdhury gave their of media by the commercial houses and arguments. its vulgarisation for ends other than providing information. Seema Mustafa Right to know in Bangladesh was well presented by Syed Badrul Ahsan who v e r y s t a u n c h l y c r i t i c i s e d t h e defined almost the whole situation how politics intervened in the working of nationalistic approach of Indian media journalists while keeping them away from sources of information and, regarding the peace and war issues as resultantly, the right to access information by the people remained elusive. portrayed by the External Affairs Ministry. Rajeev Dhavan expounded laws again and forced to protect the whistleblower.

Dr. Ram Krishna Timalsena while analysing the status of right to know in Nepal suggested some future strategies. Abbas Rashid read out his paper on

Information Minister of Pakistan, Sheikh Rashid Ahmad was the Chief Guest at the inaugural session and addressed the conference. He assured that any journalist recommended by SAFMA for visa will be free of restrictions. The minister assured the delegates that Pakistan supported SAFMA's proposal for free movement of journalists across frontiers. He also hosted a lunch for the delegates, observers and guests and held informal and frank conversation with the Indian journalists on the occasion.

A view of Session-II, with Hameed Akhtar, Hussain Naqi, M. K. Dhar and Vinod Kumar Sharma in the front row

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Delegates from Balochistan and Sindh in the mainstreamDelegates from Balochistan and Sindh in the mainstream

right to know in Pakistan, in which he Mr Khurshied Mehmood Kasuri, Foreign Minister of Pakistan, assured discussed the Freedom of Information SAFMA all his support for bringing people closer while declaring Pakistan's Ordinance with its drawbacks and support for free flow of information and free movement of journalists across recommended the changes required. N. frontier. Mr M. Morshed Khan, Foreign Minister of Bangladesh, claimed M. Ameen, the Organiser of SAFMA Sri proudly of having a level of freedom of journalism within the country which Lanka, presented his paper on the right can be compared to any developed nation. He assured the audience that to know in Sri Lanka and in detail Bangladesh would support SAFMA's proposal to overcome the barriers in the discussed the state of media from initial way of free flow of information. stages till the implementation of so many laws that snatched the freedom of media. Minister-in-charge, Foreign Affairs of Nepal, Bhekh Bahadur Thapa, shared

the positive development and steps that Government of Nepal has taken while liberalising visa for all the South Asian countries. He expressed his optimism The high point of the conference was the that steps like free travel across Saarc countries would eventually lead towards presentation of the 'Saarc Journalists South Asian union. Setting a good example to follow, he called upon the Summit Declaration' by M. Ziauddin, governments of South Asia to liberalise their visa regimes for the journalist President SAFMA Pakistan. At the end community.of the session, the house had an open

debate to reach a consensus on what SAFMA proposed. In the discussion, K.

All the foreign ministers voiced good will and support for SAFMA's struggle K. Katyal, Inayatullah, and Vinod for free flow of information and free movement of journalists, besides Kumar Sharma made their points.applauding it as a Saarc 's Apex Regional Body of Media.

Others who made comments were the presidents of SAFMA chapters; Gopal Session-III: Free movement of Prasad Thapaliya, Nepal; N. M. Ameen, Organiser Sri Lanka; K. K. Katyal, journalistsIndia; M. Ziauddin, Pakistan and Reazuddin Ahmed, President of SAFMA. This session was more encouraging and The Journalists Summit ended with an upbeat note for the media community eye catching where the five foreign in the region. ministers' attended the session and

addressed the conference. Firstly, Tyron Fernando, Foreign Minister of Sri Lanka expressed his solidarity with SAFMA and mentioned the steps being taken in Sri Lanka for the freedom of media and making information accessible to people.

Shri Yashwant Sinha, Minister for External Affairs of India, announced the talks at the foreign ministers' level to be held in Islamabad in July and there they will also formalise an arrangement for the visa free movement of media persons within the Saarc region. He a s s u r e d t h e j o u r n a l i s t s t h a t , immediately on his return to Delhi, he will initiate measures to relax the visa regime. Session-III: From another angle Session-III: From another angle

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Declaration of the Saarc Journalists Summit being debated in the open hoursDeclaration of the Saarc Journalists Summit being debated in the open hours7

e the representatives and delegates, from both print Islamabad, on July 1-2, 2000, 'Declaration of Intent' of the Wand electronic media from member countries of Second South Asian Free Media Conference on 'Media and Saarc, to the Saarc Journalists Summit of South Asian Free Peace', at Kathmandu, on January 1-2, 2002, and 'Dhaka Media Association (SAFMA), having met in Rawalpindi on Declaration' of the Third South Asian Free Media January 3, 2004, for a stock-taking of the current situation Conference on 'Media and Democracy', at Dhaka, on May in the region in general, and the state of media freedom and 25-26, 2003; media laws, the right to know and access to information in our countries and the free movement of media-persons and

Reiterating our commitment to the right to know and the free flow of information across the South Asian region, freedom of expression, as recognised by the UN, being a in particular;“fundamental human right and the touchstone of all freedoms”, Article 19 of the International Covenant on Civil Reaffirming the principles inspiring the 'Joint (Founding) and Political Rights, as a basis for informed and authentic Statement', issued by the First South Asian Free Media civil society and a pluralist democracy;Conference, 'Towards Free, Fair and Vibrant Media', at

Convinced that the right to know and freedom of Welcoming the wave of confidence-building, reconciliation expression, access to and free flow of information ensure and peace moves in the region and steps being taken by the information as empowerment for many based on inclusion, governments to resolve their differences and disputes as opposed to the 'need to know' based upon exclusion and through peaceful means, and the proposals to widen and as power for the few. It promotes awareness, transparency, deepen economic cooperation between Saarc countries;protection and exercise of rights and empowerment of the people. These rights are vital to the capacity of media and Realising our duties as citizens and opinion-makers in the the citizenry in tipping the balance in favour of human countries of South Asia to promote peace, eradicate rights, human security, humane governance, participatory terrorism and violence and religious extremism and development, empowerment of the people and the communalism by both state and non-state actors, stabilise hegemony of civil society through its freely expressed will, nuclear regime and non-proliferation of nuclear weapons, regardless of any distinction on the basis of belief, gender, uphold freedom, democracy, pluralism, human rights, social status, place of origin or residence; including rights of women, minorities and dispossessed,

and create understanding, harmony and friendship among Emphasising the imperatives of the information revolution our people;and the need to overcome information deficit among the member countries of Saarc, which is essential to create Have agreed to adopt the following Saarc Journalists understanding, build confidence, promote cooperation Summit Declaration on the eve of 12th Saarc Summit:and facilitate conflict resolution, and adoption of SAFMA's Proposed Protocol on 'Free Movement of Media-persons That we call upon the people of South Asia, especially their and Media-products Across the South Asian Region', governments, and the Saarc Secretariat, to adopt SAFMA's proposed by the Second Free Media Conference, before the Proposed Protocol on ''Free Movement of Media-persons 11th Saarc Summit at Kathmandu, and its 'Proposed and Media-products Across the South Asian Region', and Protocol on Freedom of Information', proposed by Saarc request the 12th Saarc Summit to, at least, include the Journalists Summit, before the 12th Saarc Summit, by following paragraph in the Declaration of 12th Saarc Saarc and its member countries; Summit:

Concerned about the delay in initiating an integrated, "Realising the need to respond to the imperatives of uninterruptible, inter-sector, composite and result- information revolution; recognising the urgency to oriented process of negotiations and dialogue between overcome information deficit among the member governments in South Asia, particularly between India and countries about each other and; appreciating the initiative Pakistan, who are both victims of terrorism, a continuing taken by the South Asian Free Media Association (SAFMA) row between India and Bangladesh over the issues of to promote understanding, access to and free flow of economic immigration, water and security concerns, information in the region;suspension of the peace process and negotiations between the LTTE and the Sri Lankan government, continuing We the heads of government and state of the member plight of the Bhutanese refugees, the suspension of countries of Saarc agree that: a) Leading media-parliamentary process and of the negotiations with the practitioners, to start with, shall be allowed free movement Maoists in Nepal, the repeated violations of press freedom across our frontiers to perform their professional duties and victimisation of media-persons and propaganda without a visa, as being practiced by certain other warfare through war movies, demonising the other side of categories of our citizens, and a liberalised, countrywide, the conflicts, banning of or subtle exclusion of each other's multiple-entry, five-year visa regime, without police television networks from showing on cable-networks by reporting and bureaucratic delays, shall be instituted for India and Pakistan, stigmatisation and marginalisation of media-persons with 10 years of credible experience or the minorities in almost every country of South Asia and accreditation since 1990; b)generally about the quality of governance and the pervasive corruption in the region; Media-products, whether print or electronic, shall be

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allowed free flow across our borders under a zero-duty rights, including the rights of women and minorities, regime and without restrictions with an objective to safeguard press freedom and stop the victimisation of promote harmony, free flow of information and better media-persons and repeal all restrictive media laws.understanding among the member countries; c) Facilitate by all possible means the citizens right to know and access That, welcoming the holding of 12th Saarc Summit at to and free flow of information; d) Form a Special Islamabad, we hope, and demand, that it agrees on the Committee on Media consisting of foreign/external, implementation of the guiding principles of South Asian information and interior/home secretaries of the member Free Trade Area (SAFTA) while addressing some of the countries, that shall, in consultation with media bodies, genuine concerns of the Least Developed Countries (LDCs) especially SAFMA, find a suitable mechanism to facilitate and take steps to make Saarc a really dynamic regional free movement of media practitioners and media products economic grouping.across frontiers by developing a consensus on a protocol; e) Will review the implementation of these guidelines on this

That, taking the lead, we the participants of this Saarc issue at our 13th Saarc Summit."Journalists Summit and SAFMA call upon the people, intelligentsia, elected representatives, organisations of

That, given the absence of an effective freedom of or access civil society and our own media fraternity to work together to information law in the countries of Saarc, and the need to in bringing closer the dream of a South Asian Economic ensure the people's right to know, we demand from all and Monetary Union, creation of a South Asian Collective governments in South Asia to adopt SAFMA's 'Proposed Security System to ensure the sovereignty, independence Protocol on Freedom of Information' not only at the Saarc and solidarity of each country, to divert resources from level, but also as a law by their legislatures. arms race and other non-productive heads to the

eradication of poverty and development of human and That, as a mainstream media body of the countries of South physical infrastructure, and to jointly face the negative Asia, fulfilling all the prerequisites of becoming a Saarc consequences of unilateralism and globalisation and for Apex Regional Body, SAFMA legitimately deserves to be South Asia's genuine share in world trade and its associated as a Saarc Apex Regional Media Body respectable place among the groupings of nations. immediately in order to play its due role in strengthening the Saarc process and achieving its noble objectives. We further call upon the governments of South Asia to

realise the aspirations of the people of the region for sound We call upon all the governments of South Asia to take the governance, transparency, accountabil ity and course of negotiations to resolve their interstate and strengthening of as well as the institutionalisation of intrastate conflicts and differences and respect human democracy.

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Delegates from Bangladesh contributing to the debateDelegates from Bangladesh contributing to the debate

I. A. Rehman parts; one is observation and the second is Director HRCP operative part. In the observation part we

express our concerns but in the operative part we onflicts within a country are not can avoid the possible controversy by not Cmedia issues, but they affect media referring to the particular issues that have

performance. These issues are leading already been paraphrased on page 5. to the promulgation of laws which affect media freedom. I believe, calling upon the governments in this

way, we can avoid certain controversies and They are introducing distortion in make our point more effective and reflective.media coverage of day-to-day events. Our attention is focused on media issues K. K. Katyal

but our concern is not confined to one country as far as issues like President SAFMA, Indiaconflict or suspension of democracy are concerned. They can affect The reference to the media in any country like Nepal and Sri Lanka. paragraph on India needs

to be updated. The Iqbal Sobhan Chowdhury additional reference to Vice-President SAFMA, Bangladesh the issues thrown up by We journalists as free men can always express our concerns regarding The Hindu case and the the peace process. The political systems are hindering free flow of threat to the freedom of information and also the peace process. expression by the notions

o f p a r l i a m e n t a r y It should be the part of this declaration. On page 7 in paragraphs 4 and privileges should be 5 we call upon all the governments of South Asia to respect human included as there is no rights including the rights of women and minorities, press freedom codification of these privileges and that adds to and an end to victimisation of journalists. This probably is in the spirit the problem.of expressing our concerns. But we can also call upon the governments to resolve bilateral or multilateral issues. There are two There were two issues; one was to avoid all

references to politically contentious issues so that we do not allow ourselves to get involved in politics. Second, we should confine our focus to media related issues. The suggestion was to delete all references to political issues both in the preamble and in the operative part.

The other viewpoint was that we cannot divorce ourselves from the political context in which we operate. And as such a reference to the political problems and contentious issues is absolutely necessary. A committee was set up in which Dileep Padgaonkar and I. A. Rehman merged both the viewpoints. The paragraphs referring to Iqbal Sobhan Chowdhury argues in defenceIqbal Sobhan Chowdhury argues in defence

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the specific political issues in courage. It would be very important for SAFMA the operative part have been to also build a charter for media, which is not deleted. But in the preamble, only about the rights of media but also takes a the reference to the specific position on what we believe to be the right for a political problems is there. So it journalist.is a compromise.

National interests at any given time cannot be Seema Mustafa determined by the government in power but by Political Editor, Asian Age the citizens of that country. There have been instances like Jayalalitha attacking The Unfortunately, national interests are being Hindu newspaper and then we determined today by whatever dispensation have the vicious attack by the comes to power in the capital and media is being state on the Tehelka website compelled, forced and coerced to take a position and the arrest of the innocent on this kind of jingoistic nationalism that might journalist, Iftikhar Gilanni. be detrimental to the interests of the country and

to that of free media. At one point, these cases are easier to handle because they As the establishment changes track and takes the unite the media and bring them peace root, media changes the tone as well. How

out on streets. There are blatant acts of censorship and victimisation long will we remain so and not become that expose the administration and state. Censorship is coming in a independent of our establishments? variety of ways but we are not able to fight it or detect it and are not even aware that it is happening. Because we are being caught into the Inayatullahsystem run by the state's stick and carrot policy and then by the Columnist, The Newsbusiness interests of the proprietors that have taken over the media in There is a reference in the preamble to specific India. issues like immigration, water and security

concerns in Bangladesh and India in paragraph Media has become an extension of business. In India and Pakistan 6. But in case of India and Pakistan relations, no relations, national jingoism is marking the media reaction towards specific issue has been mentioned. There is a lack the question of peace, nuclearisation and war. These are issues in of consistency.which media has usually taken an anti-peace position. Media was being encouraged by establishments in South Asia to support policies There is a mention of leading media that promoted national hatred. Media is being manipulated and practitioners with 15 years of credible coerced. Our war constituencies are considered nationalistic, but experience in the Summit declaration. But the peace constituencies are dubbed as anti-national. period mentioned for the free movement of

journalists in the protocol, is 10 years. So there is Over the last fifty years you can take the record of media that treats an inconsistency between the two statements.India-Pakistan relations in line with the government that says Pakistan is an enemy. Any journalist who tries to keep his head above The paragraph 6 welcomes the implementation the murky waters is targeted and all this is happening in the of SAFTA and says at the same time that steps democratic India today. should be taken to make Saarc a really dynamic,

regional and economic grouping, but without You have to be courageous because of the backing of your newspaper the domination of one country over the other. organisation, but your organisation has already been compromised The addition of these words has raised a very because of its business interests with the state. It is not possible for a important issue that has not been fully dealt working journalist to fight for peace while relying on his/her own with.

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Paragraph 7 recommends that we should work together for bringing emergency and that should be rectified on page 5 the South Asian economic and monitory union closer. and 7. Our main concern is to include concerns This is an idea that has come up recently. The need is to support the about the negation of peace process between the idea immediately and it needs a nationwide discussion. I support the government and Maoists in Nepal.idea but the wording should undergo some change. We should make a general statement. Imtiaz Alam

Secretary General SAFMAVinod Kumar Sharma There is a tendency among some delegates to Gen. Secretary SAFMA, India avoid political context while others feel reluctant Accreditation by the government does not make a journalist eminent. in deviating from official positions on pivotal The definition of a journalist with a credible experience could be very issues. This is at variance with SAFMA's relative. positions enshrined in its declarations and it will

not help us promote our agenda for peace Dileep Padgaonkar through media collaboration. Executive Editor, The Times of IndiaThe first SAFMA meeting focused very sharply on the professional It is right that we should focus on media issues in media issues. This is the second time when you are again focusing on this conference, but it is wrong to ignore the professional media issues. My submission is: Have we also included greater pol i t ical context whi le great certain political matters? developments are on the anvil in the next few Because our focus is on what inhibits the free flow of information in days. The tendency to make SAFMA avoid its the region and the barriers in the way of accessing information. The responsibilities as peace maker and become a tail second paragraph on page 6 is well drafted because it does not go into of our foreign offices will be disastrous. The specifics of bilateral issues. This conference is based on particular delegates should be more wil l ing to media issues, media laws, and flow of information. accommodate, rather than dictate.

Bandana RanaPresident, Women's Reporter's group, NepalAll the concerns that we have raised in the Kathmandu, Dhaka and in this conference leave an impact on the media and free flow of information among journalists. Now Nepal is not under a state of

MP Sherry Rehman, Shafqat Mehmood and High commissioner of Sri LankaMP Sherry Rehman, Shafqat Mehmood and High commissioner of Sri Lanka Not backbenchers as it may seemNot backbenchers as it may seem

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e the heads of state and government of the member countries of the cooperation in our region; WSouth Asian Association for Regional Cooperation (Saarc) having held Noting the multiple hindrances at extensive deliberations on the imperatives of information revolution, the various levels, both tariff and non-tariff, needs to promote free flow of and access to information and the hindrances in to the free flow of and access to the ways of free flow of information among our nations at the 12th Summit information and free movement of Meeting of the Saarc at Islamabad, Pakistan: media persons and media products

across the borders of the member Appreciating an ever-increasing demand to benefit from the worldwide countries; and information revolution and ever-growing free flow of information in all fields for the betterment of our peoples, enrichment of their tremendous potentials Acknowledging our obligation under and the overall progress of the South Asian region; the international covenants and other

instruments that recognise exchange of Recognising the imperative of free flow of information for better information in any form across frontiers understanding among our countries and peoples about one another and as a basic human right that each promoting mutually beneficial economic and cultural cooperation at both member state shall: bilateral and regional levels; 1. Promote, as far as possible, free flow

of and access to information within the Realising the greater need to allow free flow of and access to information, region in the best interest of our including the free movement of media-persons and media-products, such as peoples, economic growth of our newspapers, magazines, electronically-transmitted features/stories/news, countries and mutually beneficial across the borders of the member countries of South Asian Association for cooperation at both bilateral and Regional Cooperation (Saarc); regional levels;

Taking into account the aspirations of our peoples to know the world and our 2. Remove all impediments to free flow own region, requirements of development of our countries and an all-sided of and access to information for good-

Nepalese, Sri Lankan and Pakistani delegates engaged in deliberationsNepalese, Sri Lankan and Pakistani delegates engaged in deliberations13

governance, better understanding of cassettes, videos, soft-wares and electronical ly-transmitted each other and the urgently needed features/stories/news, etc.;progress of the region in all fields;

6. Allow bureau-offices or representation, with full rights and necessary 3. Eradicate all non-tariff barriers to protection, to the recognised newspapers, periodicals, magazines, news free movement of media-persons and, agencies, publishers and television networks from any member state, that will to begin with, those with ten years of be staffed by the media persons of ten-year of professional standing;recognised professional standing, and media-products, including newspapers, 7. Encourage professional collaboration among the media, media-bodies, magazines, periodicals , books, media-training and mass-communication institutions, in both private and c a s s e t t e s , v i d e o s , s o f t - w a r e s , public sectors;e l e c t r o n i c a l l y - t r a n s m i t t e d features/stories/news, etc.; 8. Form a Consultative Media Body, consisting of the representatives of media

persons, media bodies and media ministries in member countries;4. Facilitate the grant of multiple-entry five-year or single-entry Gratis visas of 9. Monitor progress on the lifting of all barriers in the information sphere and country-wide validity, that are free from implementation of this Protocol through a Saarc Committee on Information, police reporting, and are granted within consisting of Information Ministers, or their representatives, of the member a week of applying to the duly accredited countries; 10. Review the progress on the implementation of this Protocol at professional media-persons of ten years the 13th Saarc Summit Meeting.of recognised professional standing while removing tedious processes of (To be) Signed:security clearance and bureaucratic 1. The Prime Minister of the People's Republic of Bangladesh; delays; 2. The Prime Minister of the Royal Government of Bhutan;

3. The Prime Minister of the Republic of India; 5. Harmonise and bring all tariffs in 4. The President of the Republic of Maldives; conformity with zero-duty regime on all 5. The Prime Minister of the Kingdom of Nepal;media-products, including newspapers, 6. The President of the Islamic Republic of Pakistan; magazines, periodicals , books, 7. The President of the Democratic Socialist Republic of Sri Lanka;

M. B. Naqvi and other participantsM. B. Naqvi and other participants 14

without the need for a visa. I suggest we adopt in our respective countries a liberal visa regime for the movement of media-persons, the moment we go back to our capitals. And when we meet in the Council of Foreign Ministers in Pakistan in July, we should formalise an arrangement for the v isa- free

n the three years since its inception, SAFMA has gathered the reputation of movement of media-persons within being a forum that can think ahead of political developments. It has created I Saarc.

an intellectual space that reflects media solidarity as well as strong commitment to universalism and peaceful cooperation. I am therefore

We have made a new beginning here in extremely happy to have this opportunity to share my views with members of Islamabad. I have therefore absolutely SAFMA. I extend my special compliments to SAFMA and to all distinguished no hesitation in saying that winds of participants for holding these deliberations on the sidelines of the Saarc change are blowing in the Saarc region. Summit. This reflects not only a great sense of occasion but also a correct I have no doubt in my mind that after judgement of the mood generated by the upswing in people-to-people what we are done on the 6th of this contacts within our region.month, we will be beginning a new phase in our relationship. I am not It is a matter of no small significance that this forum has chosen for its merely talking of the relationship deliberations the theme of access to and free flow of information. These are between India and Pakistan but concepts that are as pertinent today as they are complex. They are also issues between all the seven countries of Saarc. that need to be squarely addressed by each of our societies and by the region If we can do it at our level, there is no as a whole because they extend to the core of regional cooperation in its widest reason why SAFMA will not be able to sense.achieve the same thing at the level of media-persons. I appeal to you to aid India will support whole-heartedly any arrangement that is made for media-and assist in this process. Let's leave the persons in Saarc countries to travel in the region either with a liberal visa or

As Shri Yashwant Sinha addresses, Maulana Fazalur Rehman, General Secretary MMA; Mr. Shashank, External Affairs,Secretary of India and K. K. Katyal share the podium with othersAs Shri Yashwant Sinha addresses, Maulana Fazalur Rehman, General Secretary MMA; Mr. Shashank, External Affairs,Secretary of India and K. K. Katyal share the podium with others

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suspicions and the baggage of history realised the tremendous extent of power it wields? behind us. Let's make a great and promising beginning. Our region is a great contributor to the communication revolution, the process

that doubles global computing power every eighteen months. Our people are Given the history, politics and diversity in the vanguard of this revolution, helping the world solve its problems. Surely of this region, careful thought has to be some of this energy can be channelised to solve the problems that we face in given to not only how we communicate South Asia and to remove the information deficit that is so evident.with each other but also to what we communicate. In this situation, the These are clearly long term issues that require thought and sustained work. medium itself often becomes the Yet, we must all find reassurance in the fact that there are several positive message. It will help no one in this factors working in favour of the objectives of SAFMA. The overwhelming and region or for that matter anywhere else, spontaneous desire of the people of our region to live in friendship and peace i f w e c o m m u n i c a t e n a r r o w - are a few among these.mindedness, dogmatism, paranoia, and hostility. That would be an abuse of the Friends! I am aware of the difficulties involved in making access to and free call for access to and free flow of flow of information a reality. There are differences in the politics of our information. countries and in our cultural sensibilities. There are legal issues to be

addressed and harmonised. There is also the historical baggage of distrust. This is where forums like SAFMA assume critical importance. They We all agree on the need to free the movement of media and media-products provide an opportunity for close within the region. But we hesitate when it actually comes to implementing interaction between media-persons of supportive measures. The biggest non-tariff barrier we encounter in this different countries, diverse cultures and process is the suspicion in our minds. Trust me, we are not protecting our asymmetric societies. Meetings such as respective economic interests by these unfounded apprehensions. We are not this can be an occasion for soul- threatening our respective cultures. We are only limiting opportunities for searching by all of us. Has the medium better understanding amongst ourselves, for our growth.

Charming the two foreign ministers to get close: Secretary General SAFMA, Imtiaz Alam, with Mr. Yashwant Sinhaand Foreign Minister Khurshied KasuriCharming the two foreign ministers to get close: Secretary General SAFMA, Imtiaz Alam, with Mr. Yashwant Sinhaand Foreign Minister Khurshied Kasuri

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In the 21st century, information cannot societies. Let us break down these artificial walls. be confined within national boundaries. This is a reality we must accept. Today, The time has come to end this self-defeating approach. South Asia must rise insatiable public demand, propelled by above such short sightedness. In the past, the melodies of Rafi and Noorjehan the process of globalisation and rapidly and the poetry of Tagore and Kazi Nazrul Islam wafted across our frontiers to a advancing technology, is rendering common heartbeat. Let us not, so much later in the day, still hinder one from ineffective all barriers to the free flow of enjoying another's creativity, or joining with the other to find fresh and information. Moreover, the imposition inspiring expressions. of such restrictions on the free flow of media-products is, in effect, a means of Let us have the courage to recognise the extremely important role that the d i s - e m p o w e r i n g t h e a l r e a d y media can play in leading the people of our region onto the path of peace and marginalised poor. The poor cannot prosperity.access the internet while the rich can. So, all we achieve is to deprive the In fact, I would strongly recommend that we decide and start working, in a already deprived. Such restrictions are short-term framework, towards the goal of a South Asian Common also amount to encouragement for Information Space. Let our understanding at the popular levels be further violations of intellectuals property deepened, to create fresh synergies for cooperation and addressing rights because all they achieve is growth differences. in piracy of various media products.

I am also aware of the specific demand of SAFMA for the free movement of India is a country that is completely

media-persons. This is an issue close to the heart of India. It is an absolute open to the flow of media-products

shame that the doyens of our media find it impossible to visit each other freely from outside, except for some

and travel across the length and breadth of our countries. There is a crying unavoidable reciprocal restrictions.

need for redressal of this situation. Sadly, we are also a society about which ignorance abounds even within our

Some arrangement, as has been made for the leaders of our business and immediate neighbourhood. We are also

industry, can certainly be explored for media-persons as well. The target of disinformation, propaganda

Information Ministers of Saarc countries are currently engaged in these issues and false type casting. People are often

and will, I am sure, come out with satisfactory results soon. Let me assure you surprised to learn that India has the

that India will be fully supportive of rapid progress towards implementation second largest Muslim population in the

of a liberal regime of visas for media-persons of the region.world. They are unaware that around 150 million people who profess the great faith of Islam live and thrive in India. I wonder, is it that a persistent barrage of propaganda turns even the biggest untruths into popular belief?

Let me use this occasion to issue a fervent appeal to Pakistan and Bangladesh, the only two Governments of Saarc, who continue to restrict the free flow of media-products into their countries. Please consider a change in your policies. Indian newspapers, magazines, music, films and televisions are not going to undermine your

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Is Bangladesh Foreign Minister, M. Morshed Khan, lobbying with Sinha on the concerns of LDCs regarding SAFTA?Is Bangladesh Foreign Minister, M. Morshed Khan, lobbying with Sinha on the concerns of LDCs regarding SAFTA?

n behalf of the Government of OPakistan and on my own behalf, as Chairman of Council of Ministers of Saarc, I thank the organisers of the Saarc Journalists Summit for the opportunity to speak to you today. South Asian Free Media Association undoubtedly is a representative mainstream media body of the region, working for understanding, regional cooperation and free flow of and access to information, besides upholding the right to know and right to expression for the future because what we need is a fresh way of looking at old issues and and principles inspiring various finding innovative ways to move forward.declarations of SAFMA's South Asian Free Media Conferences. I have been The media in our region I hope is poised to play a crucial role in breaking the supportive of the efforts of SAFMA in cycle of mistrust and antagonism in the region by breaking down the existing this regard and I am appreciative of its stereo-types, and helping to build bridges of understanding and tolerance. tireless endeavours to promote This can only be done if the media decides to choose the path of celebrating understanding and goodwill among the diversity rather than divisions. Such change in focus would herald a paradigm peoples of South Asia. shift in the way we perceive ourselves and others in the region.

The challenge before the media consists In this regard, we can learn something from the European experience where of envisioning an alternate future for centuries of conflict fell by the wayside in a process that culminated in the the region, a future that looks beyond triumph of the values of pluralism, democracy and the promotion and the existing atmosphere of mistrust and protection of human rights. The challenge before us is to reach a similar level perception, a future that breaks through of amity without being forced to learn these lessons through a trial of fire and the shackles of historical experience and cataclysmic conflict. Tolerance and the celebration of diversity is also the key reflects the true aspirations and hopes to dealing with the challenge of globalisation as a vehicle to universalise a of the people of the region, a future that single brand of culture and paint the world in monochrome. It is a far more is built on the foundations of a durable effective antidote to the negative side of globalisation than attempting to shut peace in the region rather than one in out the world outside or take refuge in anger.which the search for peace remains an elusive quest. The challenge becomes The South Asian region faces very grave challenges. Poverty, malnutrition and more daunting because it is axiomatic underdevelopment still stalk the region. Too many people die due to lack of that durable peace can only be based on access of clean water and basic health facilities. As responsible members of the principles of justice and equity. ever-growing, vibrant civil society, the media has a special responsibility to

highlight these problems and make a positive contribution to finding I, for one, believe that we must look to workable and innovative solutions to these problems. the intellectuals and media-persons to help us define the contours of this vision I would once again emphasise that the key to realising the media's full

Khurshied Mehmood Kasuri Foreign Minister of Pakistan

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As Maulana Fazalur Rehman, MMA leader watches, Mr. Kasuri makes his address as Chief GuestAs Maulana Fazalur Rehman, MMA leader watches, Mr. Kasuri makes his address as Chief Guest

potential as an agent of positive change is credibility, particularly in the eyes of is necessary to determine a wise course the public. The concept of credibility takes on a very different meaning when for the future of the people of Pakistan seen in the context of media-products that are aimed at the entire regional and India. Let us address all the audience rather than at consumers in any one particular country. While, in outstanding issues with courage and principle, we support free movement of media-persons and media-products, statesmanship, which have so far the danger highlighted above needs serious consideration. A regional media impeded progress so that we can move firmly grounded in a tradition of freedom and objectivity and able to look towards a cooperative future for the beyond the prism of narrow nationalism should be the desired aim. people of the two countries.

The question that needs to be asked is whether the media-products are driven Let's make this a really historic by the same compulsions of profit and loss as other commercial ventures? If conference. Let's hope that the so, how can we prevent those with greater financial clout and enjoying greater enthusiasm that it has generated will economies of scale from drowning out the smaller, independent voices? How lead to an atmosphere of mutual trust can we guarantee that the media does not become a tool of political power in and that in turn will enable both India the interaction within the regional states?and Pakistan to try and grapple with I do not have a definitive answer to either of these questions. What comes to issues that have defied solutions for a mind immediately is that the larger aim of free movement of media-products very long time. I would like to assure across frontiers and contradictions likely to arise in this process can be you once again Mr Imtiaz Alam, overcome speedily only by making credibility and sensitivity, both cultural Secretary General SAFMA, and other and political, the corner-stone of the regional media edifice.office-bearers that the Ministry of Foreign Affairs would support your The people of this region have a vision, of a peaceful and prosperous South endeavours for free movement of Asia where we accept each other as sovereign equals in our quest for peace and journalists and free flow of information prosperity. We seek the resolution of all outstanding issues including Jammu across frontiers. I believe that you have and Kashmir through a peaceful process of dialogue and constructive performed an excellent role in bringing engagement. The expansion of people to people links through increased people of this region closer. We support exchanges could play a role in building an environment of understanding and the Protocol you have presented today. confidence between the two countries. A serious and scrupulous introspection

With SAFMA he (Kasuri) standsWith SAFMA he (Kasuri) stands

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In May 2003 I had the opportunity of meeting some of the very distinguished leaders of SAFMA in its Dhaka moot. It is a great encouragement for foreign ministers when they interact with the journalists to create a better understanding in the region. Whatever we do, the package part of our image-building is done by the media. Unless we join hands and work together for a common cause, forgetting our conflicts, we would not be able to change the destiny of South Asian people.

Hiding facts from the media is equivalent to hiding from the nation. I believe in total transparency. The job of the media is to give awareness to the people of what is going on.

When the visas are open to the officials of Saarc countries these should also be given to the journalists. The Islamabad Summit is a milestone in the history of Saarc. We are today talking about South Asian Free Trade Area (SAFTA). Other areas also need to be addressed. Under SAFTA, we have to discuss the visa regime, financial regime, food banks and the health regime. I am committed to multilateralism. Seven of us definitely can do better in future global trade negotiations. Let one negative area not impede the process of cooperation in so many positive areas. Our attitude is very positive.

If we cannot come to an understanding on some conflicts then at least we can pick up those issues on which we would like to move forward. We have ur government has enacted a very our own limitations towards media but let's proceed with the positive. comprehensive law to ensure freedom OSAFMA is a unique organisation and the cream of society in an island of of press. I think Bangladesh today has illiteracy. SAFMA is the voice of knowledge and sanity that should be heard achieved a level of freedom of journalism and shared. Let's all unite together to create a better South Asia.that can be compared to any developed

country.

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Morshed Khan being presented conference papers by theSecretary General SAFMA as Mr. Kasuri applaudsMorshed Khan being presented conference papers by theSecretary General SAFMA as Mr. Kasuri applauds

Sharing the podium with Bhekh Bahadur Thapa, Minister incharge of NepalSharing the podium with Bhekh Bahadur Thapa, Minister incharge of Nepal

e are fully in agreement with WSAFMA's proposal regarding exemption from visa and freedom to travel across the borders for media- persons. I will certainly be taking it up as a necessary step towards regional cooperation. I am very happy with the title of this conference, 'Access to and Free Flow of Information'. This is the need of the hour. I am the pioneer of private electronic media in Sri Lanka. Our cabinet has agreed on Freedom of Information Act and it will be passed very soon by the Parliament. Our people

should the press depend on sensationalism? There are places that we never will be allowed to access official hear of until something happens to them. Let's give adequate information to information. The public must know the people. The whole region needs true information. In Sri Lanka, we have what decisions are being taken. Media- established the Press Complaints Commission to encourage journalists not persons have a crucial role to play in only to be free but to be accurate and responsible. The Press Complaints serving the needs of the citizens. Commission consists of media-persons so that people can complain and it Information related to law should be resultantly will improve the professional standards.given to our people. It is a challenge for

you to dedicate your work to the goals of For the efforts towards a free media to bear fruit, it is important not only to access to and free flow of information in ensure the free flow of accurate information but also to check misinformation the best possible sense.and disinformation. Let's all dedicate ourselves to inform people accurately. Let's have the right to get accurate information. I express my solidarity. Writing about what people want to read Long live Saarc and SAFMA. can lead to sensational journalism. Why

Tyron FernandoForeign Minister of Sri Lanka

Sri Lankan Foreign Minister Fernando sharing the podium with president SAFMA Pakistan, Ziauddin and Secretary General SAFMASri Lankan Foreign Minister Fernando sharing the podium with president SAFMA Pakistan, Ziauddin and Secretary General SAFMA

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r Thapalia, the President of SAFMA how we can live in greater harmony MNepal chapter, briefed me about this and allow room to our neighbours.organisation, its objectives and what it is trying to promote across the region. This Why do we always look for media solidarity could be extended to bring prosperity outside and find misery our people and governments closer. I want at home? These are the issues that to convey my best wishes as well as support have haunted the civil society in all on behalf of His Majesty's Government of our countries and nobody has Nepal to attain the goals of SAFMA championed the cause more eloquently than the media. including free flow of information across Today we have completed our homework in trade promotion, cooperation frontiers. Our Prime Minister's advice to against terrorism and on social charter. Visiting each other's countries me was to be unequivocal in our support to without any difficulty will lead eventually towards South Asian Union in the cause you are championing, especially which you will be talking about a common currency, a customs union and a visa free regime for journalists. South Asia without barriers. It will be a journey from a South Asia filled Media in general and SAFMA in particular, with barriers towards a South Asia without barriers. This is the message have been consistently preaching that most of you in media had been conveying to us and trying to put some understanding, proximity and harmony sense in the minds of the people. between the countries and civil societies. I have come here to greet you and assure that SAFMA will get all our The atmosphere is changing and there is a support and nothing would be better in terms of cooperation than for the need to look ahead. Some unpleasant media-persons to have free access to all the countries unilaterally and we incidents of the past have to be left behind would like other countries to do likewise. This was our duty and for the common good. The new horizon responsibility towards the citizens of South Asia, to convey a sense of motivated all of us in the last three days to welcome and openness that Nepal has towards the citizens of South Asia. see how we can create opportunities for In my capacity, in my present position and as a citizen of South Asia, I will each other, rather than creating barriers; be accessible and ready to do whatever I can.

Minister-in-charge, Foreign Affairs of NepalDr. Bhekh Bahadur Thapa

Foreign ministers Morshed Khan and Khurshied Kasuri applaud as the Secretary General presents papers to Dr. Bhekh BahadurForeign ministers Morshed Khan and Khurshied Kasuri applaud as the Secretary General presents papers to Dr. Bhekh Bahadur22

A view of the open discussion during session-IA view of the open discussion during session-I

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imperatives of information revolution; recognising the urgency to overcome the information deficit among the member countries about each other; and appreciating the initiative taken by SAFMA to promote understanding, access to and free flow of information in the region, Pakistan supports the following initiatives:

I- Leading media-practitioners, to start with, shall be allowed free movement across our frontiers to perform their professional duties without a visa, as being practised by certain other categories of our citizens. A liberalised, countrywide, multiple-entry, five-year visa regime without police reporting

he Government of Pakistan and bureaucratic delays be instituted for media.appreciates the initiative taken by T

SAFMA, a representative mainstream II- Facilitate by all possible means the citizens' right to know and access to and body of the region, working for peace, free flow of information.understanding, regional cooperation, III- Form a special committee on media consisting of Foreign/External, conflict resolution and free flow of and Information and Interior/Home secretaries of member countries that shall, in access to information, besides consultation with media bodies, find a suitable mechanism to facilitate free upholding the right to know, right to movement of media practitioners and develop a consensus on a Protocol. expression and principles inspiring various declarations of SAFMA's There is a problem regarding visas and free movement in South Asia and I conferences. assure you that Pakistan fully supports your idea. You are the people with some

vision who can change the mind of people and create a good atmosphere that We support the right to know and will be helpful for all the nations of South Asia. I assure you that any journalist freedom of expression, as recognised by recommended by SAFMA for visa will be free of restrictions. the UN, as a fundamental human right and touchstone of all freedom, and As far as Pakistan is concerned, the media is enjoying unprecedented freedom. Article 19 of the International Many new TV and radio channels have been established in the private sector Convention on Civil and Political and Pakistan Television also started three new channels last year. Pakistan Rights, as a basis for informed and Television is also coming up with the new Direct To Home (DTH) service and is authentic civil society and pluralist planning a bouquet of 100 channels in the near future. Pakistan Electronic and democracy. Print Media Regularity Authority (PEMRA) has already issued two DTH Realising the need to respond to the licences in the private sector.

Information Minister of Pakistan Sheikh Rashid Ahmad

Session-I: Minister for information, Sheikh Rashid with (from left) Gokul Pokhrel, Ziauddin, Imtiaz Alam, Reazuddin Ahmed and K. K. KatyalSession-I: Minister for information, Sheikh Rashid with (from left) Gokul Pokhrel, Ziauddin, Imtiaz Alam, Reazuddin Ahmed and K. K. Katyal

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I am hopeful that this conference will forge collective and integrated efforts to solve manifold challenges faced by the media community of this region and create a congenial environment for enhancing the dignity of media profession.There are many critical objectives of the Association, which continue to remain elusive.

We have not yet been able to convince the governments in the seven countries, especially those in India and Pakistan, that sharing of media products and free movement of media-persons across the national borders would contribute meaningfully to the efforts being made to enhance understanding among the member countries and to bring the people of the region closer in terms of hearts and minds.

We have also not been able so far to get SAFMA affiliated to Saarc. But do not lose heart. We have not given up hope. And with our Secretary General Imtiaz Alam's mind set on achieving these objectives without any further loss of time, I can assure you that the battle has been all but won.

We have found all the seven foreign and information ministers as well as the Saarc Secretary General positively responsive and highly cooperative. And we hope we will have something very good to report to our members at the end of the forthcoming Saarc Summit.

he SAFMA family has come a long way Thanks to SAFMA's efforts, and other people's initiatives, India and Tsince its birth some three years ago. Pakistan have taken quite commendable confidence-building measures, including the ceasefire across the Line of Control. Despite all odds SAFMA in this short span

of time has achieved some stunning It's time to start an integrated, uninterruptible and result-oriented successes that in retrospect appear like dialogue and take historic decisions. SAFMA will welcome not only dreams come true.the creation of South Asian Free Trade Area (SAFTA), but also a South Asian Economic Union. One such dream come true was a gathering

of parliamentarians and intellectuals from This is also a time to think in terms of establishing a collective security India and Pakistan under one roof here in system for South Asia. But, all these good initiatives cannot be Islamabad, last year where they discussed realised, unless the governments allow free flow of information and freely without any hindrance all the free movement of journalists across our frontiers. These are some of contentious issues that mar Indo-Pak the biggest challenges for all of us in the Saarc countries. relations.

M. ZiauddinPresident SAFMA, Pakistan

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he subcontinent is the greatest society. Elections are a very Texperiment in governance; we have important part of democracy but the diversity that is unparalleled d a y - t o - d a y p r e s s u r e s o f anywhere in the world. Any step, big or democracy do exist and it is at the small, that brings this diversity together ground level of the day-to-day is valuable. Information plays a crucial pressures that the journalists, role in this regard. When we talk of lawyers, and NGO's give meaning information, it concentrates on the to what democracy means today. affairs of state. There is an electoral democracy which renews itself time and There has been a tremendous again but there is another democracy of change in the last 30 years as to everyday life in which we play a massive how we expose information. The role. classical British technique was to

ask a commission for inquiry and It is in this democracy of everyday life it would say that so and so may be that we find people maltreated. We find responsible and then you that corporate power is something to be expected that particular man to dealt with and that too is a challenge for resign. democracy. When we talk of the information order, of course, we are It worked in the 50's when constrained and in many ways Jawahar Lal Nehru was alive and constricted by many laws that exist. Sardas Commission looked into

the oddities and corruption and, How do these laws actually interact and resultantly, Sardar Pratab Singh Keru resigned. how often is the Official Secrets Act used? In India, apart from one very If the missions of inquiry are the way in which democracy is going to unravel famous case of 1946, and again in itself then it is of no worth. We know that commission of inquiry works on Salakey Brothers spying case, the politics of shame. The politics of shame has disappeared from our political Official Secrets Act has not been used. system across the board. Information based democracy does not just wait for When you are dealing with local the next commission or inquiry and next elections but an ongoing government, corporate powers, grants information based democracy will ensure it. and even with newspapers, you ask the question who stifled the story and who The weapons of democracy are the whistle and the whistle blower. What hurts did not. about the Official Secrets Act is the catchall Section 5. If you take one

particular document and publish it and even if it is wrongly classified and You are actually raising questions of day- unclassified, it is technically an offence against the Official Secrets Act. The to-day democracy and that is the real enormous amount of information that you can get from inside bureaucracy democracy that exists in any particular does not have a parallel.

Rajeev DhavanSenior lawyer, India

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The imperial apparatus in the form of Press and Registration Act came into under-secretary who had to write on the being in 1867. The origin of this massive conversion of Press Registrar into an request of the minister that this book or inspector general is to be found in the Second Indian Press Commission picture is banned in India. Report of 1982. Suddenly, one finds out that the Press Registrar is supposed to have enormous powers. He can inspect any newspaper. In 1998 such a bill was Nobody even gave me a right to be proposed in India but journalists said that they were not going to allow a heard. If you ban something under the simple registration requirement to be turned into a regulatory control. banning provisions of the imperial

statutes then a full bench of three judges The original penal code has sections on defamation. In 1870, the Chairman of has to hear it. the Law Commission discovered that there was no provision for sedition. Section 120 A and B of Penal Code are the inventions of the Law Commission The new danger is the framework of the because they realised that they did not want it for England but they wanted to old Raj, which you see in the Penal Code. have it here. Then there was a change in 1898 that added other A and B's like India does not have the forfeiture 153 A on 'Religious Enmity', 295-A after the infamous case of Rangeela Rasool provisions, but they exist in other parts of which we are all truly ashamed. The judgement of Dileep Singh needs to be of South Asia. The real danger comes rewritten. from a section of civil society.

Banning books does not just take place under section 99-B of the Criminal But what is responsible for the large Procedure Court. It takes place under subtle circumstances. Salman Rushdie's number of bans, censorships and book was banned in India in 1988 not under any due process. It was banned custom prohibitions that take place? under the Custom's Act. Then one particular picture of Jawahar Lal Nehru on There are forces in civil society who also a horseback was banned. demand it. It is this aspect of civil

society that also makes and preserves I think he was dressed in imperial robes and India did not want to give the these demands and makes censorship impression that Pandit was a budding Viceroy. But it was banned neither possible. under the great statutes nor under section 99-B. It was banned simply by some

The problem in defamation law is the defamation injunction. Kuldip Nayar wrote a book India House. Some members of Supreme Court Bar Association did not like it and parts of the book had to be altered.

What are the tools of trade that have to emerge to get that critical information that makes democracy of everyday life possible? The democracy that enables a villager to say this fund is for me and I did not get it.

The capacity to tell the editor and to be able to examine what internal censorship takes place. The biggest battle is the huge amount of civil censorship that takes place in society. We have to learn now, putting our bitterness aside.

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Exchanging notes: Mr. S. Nihal Singh and H. K. Dua, IndiaExchanging notes: Mr. S. Nihal Singh and H. K. Dua, India

result of a long struggle, Federal Shariah Court struck down some of the provisions and it was assumed that if the declaration was not signed for four months then it would automatically be deemed that it has been given.

Two weeks ago, the Interior Ministry announced that henceforth no declaration would be authenticated without its clearance. The justification is that there are terrorists at large.

What we find is that laws are becoming more rigorous. The Freedom of Information Ordinance denies information. No question can be asked about any exemption or classification imposed by the government. Now PEMRA at the moment is being used to blackmail the electronic media. There is a very famous channel that has been functioning for quite some time but it is still to be given the license. Press laws are not only applicable to the media. Hussain Naqi, Mazhar Ali Khan, Wajid Shamsul Hasan and Mehmood Sham were prosecuted under the Official Secrets Act, 1923.

Sweeping legislation like Security of Pakistan Act and Maintenance of Public Order Ordinance do exist. Then we have an interesting section of Penal Code 123-A, which states that if anybody, abuses the ideology of Pakistan, he will be thrown into prison for 10 years. But there is no explanation of how the he story of press laws and press ideology of Pakistan can be abused. The restriction on thought is very evident Tfreedom in Pakistan is very brief but here. Then in 1960 a whole lot of people were prosecuted under 124-A for bitter. We have many laws to curtail sedition. Section 153-B is common between India and Pakistan. Then there is freedom and little opportunity to enjoy it. Section 292, which prohibits sale, exhibition or possession of obscene books. When we look at laws we do not get the Now the question arises who decides what obscene is? The only exemption is full picture of coercion that the state material used for religious purpose. We have the system of publishing applies. We are in the imperial notifications, orders, ordinances and laws in gazette to inform the people. straitjacket and very fond of colonial

legacy. When Pakistan came into being, Under section 295-C, the so-called Blasphemy Law was to be regularised by there were two laws; Press and the National Assembly and the Senate. A standing committee was set up to Registration Book Act, based on Adam review the bill and it observed that we are not the only Muslim country in the Regulations of the 19th century, and the world and we should see how this problem is treated in other countries but Press Emergency Powers Act, 1931. The they decided that we should not allow the people to know the standing British regulated the press through committee's observations. A gazette was issued but the word 'confidential' emergency provisions. Our rulers was put on it. Our structural adjustment agreements are still secret though extended the Press Emergency Powers the agreement itself says that both the parties will publicise this agreement Act till 1963 and many publications were and make it known. proceeded against under it.

We also have Section 99-A of Criminal Procedure Code and Contempt of In 1960, General Ayub Khan decided to Court is also applied to journalists, editors and even printers. You can hold create a new information regime not only journalists under the Anti-Terrorism Act. This applies to minorities as well. related to the press but also to cinema, Pakistani media has suffered more from censorship than any other thing in television and publications and decided this region. Mr. Ridley's UN report on torture was banned in Pakistan. Last to hegemonise writers as well.year, many journalists were picked up and it was not disclosed where they There was a time when no declaration were kept as we have the recent example of Khawar Mehdi. So I suggest do could be granted unless President not go by the laws but look at our practice.General Zia himself sanctioned it. As a

I. A. Rehman Director HRCP

29

publishing of objectionable material. These guarantees were deemed essential in the aftermath of the draconian press laws enforced during the 30 years Punchayati rules.

One of the significant features of the 1990 Constitution is the guarantee to right to information. But it is not available. There has been a boom in the number of newspapers in the aftermath of 1990 democratic restoration. Most of them exist in registration only but do not appear in the market. The reason is that our law does not have any provision for cancellation of registration for not complying with the rules over a certain period of time. They exist forever. The real number of newspapers published on regular basis is only 237 out of 1879 that are registered.

However, progress of broadcast media is very encouraging. The law for broadcasting is very liberal which allows private sector participation in operating radio and television channels. We now have 55 small FM radio stations providing services to various districts even in the remote mountainous areas.

We are facing problems now when we talk about state of media freedom because of the Maoist insurgency over the last eight years in which about 9 thousand lives have been lost. Consequently, media freedom is also being curtailed. There was a report published by the Human Rights Commission, which stated that 560 people were harassed or arrested against whom no case had been registered. Many journalists have faced harassment, intimidation and arrest.

Media practitioners have to compromise and observe restraint due to Anti-Terrorism laws. The Press Council in Nepal is there to monitor and n 1901 during the autocratic rule of Rana ensure that professional norms are being practiced. Last year, the Press Ithere was a Prime Minister who issued a Council Nepal issued a 24-point Code of Conduct, which enumerated the decree in which he said there should be no do's and don'ts for journalists. praise for a sitting Prime Minister. This

statement was considered as one of the There are several laws to prohibit the dissemination of information in classics of Code of Conduct for the media public interest and to protect national sovereignty or security. The civil and it is unparalleled in Asia. This is how the laws restrict the spokespersons and government officers from divulging press law of Nepal emerged in 1901 from a information to the press. We hope that the proposed ordinance, which the very autocratic set up. government had promised to bring on right to information, might improve the situation. The other restrictive provisions on the freedom of The establishment of democracy allowed information are the Official Secrets Act and the Press and Registration Act freedom of information in the private that restrict objectionable publication. sector. In 1990, the restoration of

multiparty democracy marked a major The Offence Against State and Punishment Act put restrictions on print watershed in the development of and electronic media. Security laws also have restrictive provisions to curb progressive press laws. The Constitution of the freedom of expression. The Copyright law amended in 2002 is very Nepal provides media freedom and comprehensive. The government is moving ahead on cyber-policies that guarantees against censorships, cessation are to translate into legislation very soon.of publication, closure of printing press and

Gokul PokhrelVice-President SAFMA, Nepal

30

months ago and it will try to increase the level of public confidence in the media.

Many government officials simply do not speak to the media without the written permission from the secretary of their ministry and that takes weeks. The Freedom of Information Act, if passed would help greatly in that respect.

There are other developments that are not so encouraging. The President took control of three ministries two months ago and one of them was the Ministry of Mass Communication. All the state media institutions; radio, television, and newspapers, would come under her control.

She has removed the chairmen of these institutions and appointed ri Lankan media is in state of members of her party to head them. The government of Ranil St r a n s i t i o n . F r e e d o m o f Wickremasinghe had been making some promises to the media like information bill has been proposed.privatisation of some state-owned media institutions. The state-owned Independent Television Network (ITN) was actually put up for There are some other developments privatisation. But before it could be privatised, the President took its like the setting up of the Press control once again. Complaints Commission of Sri

Lanka. It is very significant because There was another promise to privatise Lake House, which was it was organised by several media nationalised by an Act in 1973 under which 75 per cent of its organisations. The commission shareholding was taken by the government and invested in the Public looks into complaints from the Trustee's Department in order to redistribute it later for making that public regarding media. Its 11 shareholding more broad-based. members are appointed by media

organisations, though the majority In the last 30 years, those shares have not been redistributed and of members are not from the media remained with the Trustee's Department. This allows our governments but are taken from other fields. to appoint its Board of Directors and its Chairman as well as some of its editors. Next few months are crucial to media and scope of its freedom. This commission was set up 3

Expert on media laws

31

Niresh Eliatamby

He cited some examples regarding the restrictions on journalists, police raid on private TV channels and the defamation case filed by an official candidate for the Secretary General of OIC against two national dailies. There are new methods of repressing and restricting journalists like the Official

angladesh claims that it has a free Secrets Act, detention, interrogation by Bmedia. Unfortunately, the media is the intelligence forces, defamation free but the journalists are not quite laws, contempt of court, charge of free. Pakistan and Bangladesh both sedition and control on electronic have the legacy of military regimes. media. The recent trend and monopoly Fortunately, Bangladesh got rid of of media by trading houses and military rule in 1990 with the capitalists groups is also a cause for emergence of democracy again. But the concern. hopes and aspirations with which the

The state control on media has gone media people fought against military today, if not fully, but in a very substantive way. But now the control of big regimes still remain unfulfilled. The business houses is emerging, which is considered to be a real threat to free media people despite limitations and media. On the one hand, there is a boom of private channels but at the same restrictions have been continuing their time there are incidents of infringement on freedom. The government is not struggle to exercise their rights. The allowing the applicants to start new channels. Governments decide the extent media has been persistently fighting of freedom to be exercised. In the name of given freedom, covert and overt against harassment, repression and restrictions sometimes come in crude ways. There is no call from the state to restrictions in the way Pakistani civil censor the news but there are big ifs and buts. society and the media have been

fighting against military regimes.The journalist community had fought with unity during the autocratic regimes and assisted political parties in restoring democracy and removing autocratic I n d i a i s f o r t u n a t e t o h a v e rulers. Now we have lost our unity and the journalist community is divided on institutionalised democracy but other political lines in Bangladesh. It is hampering the struggle to ensure the rights countries in South Asia have to struggle of the journalist community and freedom of media. Despite this divide, for institutionalising democracy. There journalists have taken up this fight on common programmes and on common is a spectre of the third force re-issues like freedom of the press, democracy and human rights.emerging in our political arena. This

third force can either be a constitutional It is very interesting that political parties pledge in election campaigns to give third force or an extra constitutional freedom to media. When they are in opposition they consider media very bold third force. If it is a constitutional force but as a ruling party they emphasise on media to be 'responsible'. In then we do not have any objection but if opposition they need press to be vocal for them but in power they want media it is an extra constitutional third force to be 'objective' because freedom of media will go against their misdoings. then it is a bad omen. The civil society Civil society and human rights organisations are with the media in its fight and and media in Bangladesh are passing at times media supports them for real democracy.through a crucial stage. We will try to

strengthen constitutional democracy In our country, in the absence of press laws to access information, the media and at no cost will compromise media cannot really take the role of informing the people. It becomes visible when a freedom. journalist tries to dig out information and faces restrictions. This fight will

Afsan Chowdhury has mentioned continue with the hope that the spectre of interference whether it is from the certain restrictions, particularly about state, political parties or other quarters will not really diminish the prospect of major legal infringements on the media. freedom.

Iqbal Sobhan Chowdhury Vice-President SAFMA, Bangladesh

32

the freedom of press being encroached upon by the legislators. The threat from the judiciary is also there. The law of contempt is often used to protect the judges from the press. But the press cannot report many things where the conduct of judges is involved. This law is used as a shield to protect the judge who may be corrupt and whose conduct may be questionable.

The Defamation Bill was brought without any notice and without discussing it with the journalists' bodies and it was passed by the parliament within three hours. The reaction from the press was immediate and it unanimously opposed the bill. A few papers fought against Indra Gandhi's Emergency but the press was lacking in unity and vigilance. But as far as the Defamation Bill was concerned, the unity of the press forced Rajiv Gandhi to withdraw the bill even without talks.

Praful BidwaiColumnist

As pernicious as the censorship by the state and the whole imperial legacy, is the self-censorship in the media under the new dispensation. There is always a degree of self-censorship by editors and publishers who want to please

H. K. Duapolitical parties. Now there is a new phenomenon of Murdochisation, which

Editor Tribunerepresents the unique combination of the new liberal right-wing free-market policies with the extremely new c o n s e r v a t i v e p o l i t i c s o f he parliament has not enacted any e x t e r n a l a n d i n t e r n a l Tlaw to define its privileges. They are hegemony. just following what the British House of

Commons, where there is no written Under Murdoch, the entire Constitution, has passed. These press is undergoing a transition privileges are continuously hanging on globally. Concentration and the press as a sword. 'The Hindu' centralisation has increased. In newspaper wrote a sober editorial the west, 8 groups control 80 criticising the Chief Minister of Tamil per cent of mass media. Nadu, Jayalalitha, who did not take any

offence but the Tamil Nadu Assembly M u r d o c h i s a t i o n i s t h e targeted 'The Hindu' newspaper for a c o m b i n a t i o n o f t h r e e breach of privilege. The police went to components. The first is the arrest the editor of The Hindu but the elimination of separation Supreme Court stayed the arrest. between the editorial and managerial functions of the The case is still in the court because it has media. Once the line is raised constitutional issues regarding

33

Praful Bidwai provides the perspective onMurdochisationPraful Bidwai provides the perspective onMurdochisation

obliterated, and once the reporters are completely disabled from performing their functions, censorship becomes blatant. Murdoch has done this shamelessly and destroyed solid institutions like The London Times.

The second characteristic is heavy-handed strong-arm marketing tactics. Newspapers are being pushed as a commodity that is meant to sell other commodities. Therefore, one can practise all techniques including predatory pricing. In India, newspapers of 24 to 32 pages cost 12 to 15 rupees to produce. If they are sold at the price of 2 rupees then only advertisement makes real danger lies. In fact, the difference between advertorial and editorial is fast the difference. But only big papers get diminishing. significant advertising and the rest are sinking. Freedom of expression is being There have been certain newspapers that have authorised their marketing curtailed and variety is being sacrificed. people to sell space or fill it up with a commercial idea. In elections, the

opinion of people of our respective countries seldom gets reflected in the The third component is the conscious tie newspapers. The poor people get a chance to make a point only when they vote up with the right wing agenda of the in India. most conservative communalism and support for the worst policies of the If the newspapers are not playing their legitimate, moral and intellectual United States under the conservative roles then the civil society is going to be a big loser. Firstly, the faith in media leadership, including the war in Iraq. will be weakened and then the interfering role of media between the people Opposing friendship with neighbours and government will die away. and the constant drumming up of pseudo-nationalism of all varieties are The media must be willing to take risks of physical, commercial and producing a unique kind of threat to the intellectual nature. If they do not take risks and positions on issues that are media both internally and in terms of its relevant to the people, it will lose people's trust. People are not getting the credibility for the larger public. This is information that really empowers them and media's job is to empower the the threat we must actually take note of public opinion. A journalist can travel across the borders but neither his and develop a strategy to fight against it. product nor thought can travel. We are not adequately empowering public

opinion in our respective countries. Vinod Kumar Sharma

Newspapers should come under the Essential Commodities Act. People are Associate Editor, Hindustan Timesbeing made accustomed to the substandard information. Media is following 'demand and supply'. Now there is a trend of publishing pictures on the front The entire concept of tetra-pack page to strengthen a weak newspaper. journalism in India has to be contested

immediately; the mortgaging of the The kind of consumerism promoted by the media across the subcontinent is respective economies of the Indian breeding the phenomenon of intellectual poverty. Our endeavour should be newspapers to the big advertisers who to create papers that are not big in terms of circulation but to create papers are highly flexible when it comes to that are really great. making compromises. That is where the

34

Vinod Kumar Sharma, darling of SAFMA, makes his point quite theatricallyVinod Kumar Sharma, darling of SAFMA, makes his point quite theatrically

Zahiduzzaman Faruque Satnam Singh ManakGen. Secretary SAFMA, Bangladesh Assistant Editor Ajit, President SAFMA Punjab, India

As a journalist I must see what the The commercialism in media is detrimental to its due role. Now readers do demand of the situation is. In our not buy newspapers to read them but to cut coupons for free prizes. country, more than 50 per cent people Newspapers used to build their identity through their ideology but now the live below the poverty line. We are difference among credible and largely circulated papers is increasing and that talking about the free f low of will affect the credibility of the press. In a big country like India, when the information and press freedom but can government attacks the electronic media, the press remained mum. In we stand by the reporter or can the editor Punjab, when the Congress established its government less than two years fight with the publisher to publish his back, it stopped official advertisement to Ajit. No paper wrote any editorial to reporter's story. sympathise with this paper and small papers gave the excuse that the previous

government had favoured this newspaper. The press should be courageous Only morality and professional enough to confront any danger and threat. Secondly, a charter of do's and commitment can change media's don'ts should be prepared because the level of commercialism would cause strength. media its credibility.

A mix of delegates, especially Ms. Nerun Yakub from Bangladesh, engaged in proceedings35

Apply equal standards says Satnam Singh Manak

he situation faced by media in Bangladesh is neither very Toptimistic nor pessimistic; it is somewhere in between. When the editor of New Age applied for the declaration of the newspaper it transpired that he needed to get a certificate from the Award Commissioner, a local body member in the city. Despite the fact that the editor is a senior journalist, he had to undergo the whole process to bring out the newspaper.

Then there is the defamation law in Bangladesh. One recent example relates to a couple of news reports published in some dailies of the country. The government candidate for the position of Secretary General of the Organisation of Islamic Countries took two

established and it started hearings of a case newspapers to the court. He filed defamation charges and warrants against a judge of High Court but then an of arrests were issued against the editors who faced the agony of effective blackout was clamped on its workings. running from one place to another in and outside Dhaka. That is one Now the press in Bangladesh is not aware of the aspect of harassment that journalists often face.proceedings.

Journalists can complain before the Press Commission but it does not seem to be an effective body. The situation today is somewhat Trading houses have entered the media better than what it used to be during military regimes because now industry. There are reports of shady dealings the press does not have to deal with the advice from the government. behind financial transactions. The negative However, the Official Secrets Act is still in force. The Press and aspect of these houses is that they do not allow Publications Ordinance is still there but is rarely enforced. trade unions. The unions are also divided in

factions and basically we have two factions, Limitations on the right to know are demonstrated by what a private Bangladesh Federal Union of Journalists and TV channel had to face. There were some technical difficulties that the Dhaka Union of Journalists, and they owe ETV faced when a case was filed against it. They lost the case, but the their loyalty to the two main political parties. way the authorities handled the case demonstrated how the private dissemination of information was being stifled. In the meanwhile, people have been applying for permission to restart ETV. Even the In this situation you do not expect much of Information Minister said there was no plan at the time to give objective journalism. There are newspapers permission. that have not paid journalists for months. There

are also newspapers that sack journalists when Another problem is related with the question of investigative they demand to be paid. In spite of all these journalism in Bangladesh at present. We do find reports but follow- problems, journalism in Bangladesh is thriving up of these stories is rare. The Supreme Judicial Council was and there is more freedom today than before.

Syed Badrul Ahsan Assistant Editor, New Age Bangladesh

36

information that exists, it will be fed by the man of conscience inside the administration who will come to you and say this is what is going on. Whistleblower protection is going to be in future the heart and soul of exposure. In our Central Service Rules, even if the whistleblower is not subjected to criminal liability, he is subjected to severe internal disciplinary actions. To what extent will the Freedom of Information Act be viable if there is no policy on freedom of information? We need to have an access to active information now, but how is this access to be given? Ram Jethmalani, a minister in the urban ministry, introduced the One-Rupee Scheme for the citizens to enable them to get any paper that was at that time not circulated after paying one rupee. As soon as the scheme was announced, the Cabinet Office went through a fit over it. We have Archives Resolution but except the date nothing can be disclosed. Even that resolution is secret. So the next problem is an information regime and an information system. When the two press commissions reviewed government periodicals they found them dead boring but the volume of government speech is enormous. Let the Freedom of Information Act be pensioned off. Let whistleblowers be given protection. Let us ask for an information policy that does not look at Archives but at active information.The Contempt of Court is a terrible thing that came into modern contempt law in 1802 out of a decision that was never ever made. The law of contempt certainly grants power to the courts for their proceedings. You cannot have the public interest litigation, on one hand, and the silencing law of contempt, on the other. These are the issues which will be decided by the Supreme Court. The right to comment on litigation which involves a huge

s far as Official Secrets Act 1923 is concerned, number of vested interests must remain with the people. Athe common law discovered that there was no The third issue raised is the parliamentary privilege. The jurisdiction is offence known to the law if somebody takes some very annoying like the defamation jurisdiction because the process is the information. The 1923 Act was passed within a day. punishment. When this privilege is used again and again it is a humiliating The Attorney General told the House of Commons experience. Defamation laws are divided into criminal and civil. The Hindu that this is an emergency measure because these newspaper has taken the issue of criminal contempt to the Supreme Court. Germans are up to all kind of things. The 1911 Act, Criminal defamation has no place in our laws which were put there on the which afterwards turned into the 1923 Act, was basis of the 1833 report on the Indian Penal Code and there is not a single never repealed. The English who had passed this law word of justification as to why criminal defamation should be there. The in 1911 pensioned off the Official Secrets Act. But law of criminal defamation should be deleted. The worst part of the civil India, Pakistan and Bangladesh are still exercising defamation is what we are now going to enter into: the Strategic Lawsuit this law. The Freedom of Information Act should in Against Public Participation (SLAPP). The entire purpose of SLAPP is to fact be scrapped. The Indian Act says 'to the extent keep you quiet. of inconsistencies', but what does it mean by the There is an enormous commercialism of the press and we should not run extent of inconsistencies? There can be no doubt away from Murdochism. There was a satirical magazine Private Eye, which that this particular Act covers just about everything. was ruined by Murdoch. Our papers are getting commercial and Second is the access to government information but advertisements are important. Governments speak not just through their where does it come from. It cannot be done by disinformation regimes but with advertisements as well. These are the anyone going straight to the government and asking things we must consider because ultimately we do not just talk about the for information. We rely on the person whom we right to know or even the right to express but the right to make norms. That know all along and every member of the press relies right is at present being trivialised to some extent and taken over by on him and he is called the whistleblower who needs commercialisation. The press is under threat both internally from its our protection from the Official Secrets Act. editors and certainly from its owners. It is the civil society the press must The clause 47 states what you can whistle about? If interlock with because if it loses its voice, then it becomes someone else's the democracy is to be fed by the vast volume of voice. That is not the voice in public interests.

Rajeev Dhavan Senior lawyer, India

37

he Constitution has guaranteed 13 different fundamental rights Tincluding, freedom of opinion and expression, press and publication right and right to information under Part III of the Constitution. After the promulgation of the new constitution in 1990, His Majesty's Government formulated the National Communication Policy in 1992. On the basis of this policy, His Majesty's Government also opened doors to the private sector in the operation of electronic media. A number of media laws were enacted.

The Press and Publication Act, 1992, the National Broadcasting Act, 1992, The Press Council Act, 1992, the National News Agency Act (Amendment), 1990, the Working Journalists Act, 1994, and the

which have a wider audience. Telecommunications Act, 1996 were the major enactments. The government also drafted the Right to Information Bill in 1992 but

As far as access to official documents is failed to get it passed by the Parliament. Of late, His Majesty's concerned, Nepalese legislation makes it limited Government has prepared a Public Information Bill. to the concerned person. The person requesting access has to supply the details of the documents The Nepalese Constitution, however, does not make the right to in his application. There is no provision of access information an unqualified right. It allows secrecy to be maintained to information if it is recorded in a computer or by law. If the parliament enacts a law to make certain information electromagnetic devices. secret, the right to that information is not available. However, in such

a situation the Supreme Court, while exercising its power of judicial Moreover, if the departmental head or office in-review, may examine the constitutionality of the law allowing secrecy charge does not permit a copy of the requested and may declare it ultra vires of the Constitution.document, there is no appeal against it. It shows that the right to access official documents is not The right to freedom of opinion and expression under Article 12(2) really a right because it depends on the (a), the freedom of press and publication right under Article 13(1) (2) discretion of the concerned head of the and the right to information under Article 16 of the Constitution of the department or office in-charge. In the absence Kingdom of Nepal are the foundation of press freedom in Nepal. of proper classification of documents, the right has not been implemented properly. Therefore, The Press and Publication Act 1991 also provides the press with there is a gap between the constitutional vision institutional independence. Though the press in Nepal is and the statutory provision. independent and strong in its constitutional and legal status, it is

dependent in various ways. There are newspapers run by the One may ask for a copy or duplicate of the government as well as by private sector. It is alleged that the archival documents under the Archives government favours its own newspapers in providing Preservation Act 1989. Access to archives is advertisements. The official National News Agency is the only restricted on certain grounds. If the document authorised agency in the country to collect and sell information. Both that has been transferred by the concerned office the state and private companies run television and radio. As in print to the National Archives for preservation, with or media, the government owned and controlled television and radio

Dr. Ram Krishna TimalsenaSpokesperson Supreme Court of Nepal

38

without specifying the time period, and it in drafting the right to information legislation. A bill was drafted by a prohibits the reading, copying and duplicating of committee of experts comprising media-persons and legal experts. such document by a person other than the But as it passed through bureaucratic scrutiny, it lost its teeth. prescribed person, access is not permitted.

However, the present bill is comparatively better than that of 1992. It The bureaucracy in Nepal seems unaware of the has widened the scope of the right to information by defining “ public constitutional guarantee of the right to authority” very widely, which inter alia includes Parliament, information. The Civil Service Act and Rules Supreme Court and other inferior courts, Royal Nepal Army, both forbid civil servants from disclosing Commissions formed by His Majesty's Government, political parties, information to unauthorised persons. The oath NGOs and INGOs operating for the purpose of promoting public they take forbids them to disclose the good. In this respect, this bill has a wider scope than that of any other information known to them in the course of their freedom of information legislation in the world. It also defines the official duties. right to information. Right to information under this bill includes the

right of access to information and includes inspection, taking notes At the moment, there is no law regarding access and extracts and obtaining certified copies of documents or records of to information in the hands of the private any public authority. organisations, institutions and companies. If any corporation denies access to information to Where the information is stored in computers or any electromagnetic any citizen, there is no law compelling the device the facility of access through terminals or supply of printout is organisation to give information. His Majesty's guaranteed. The Bill also defines the subject matter of public interest Government has drafted a bill regarding the for the purpose of this legislation.right to information recently under which the public authority is obliged to justify any refusal

The Secrecy of Document Act 1982 classifies documents into 'strictly of information. prohibited', 'top secret' and 'confidential'. This Act has not been After a long and tireless struggle by the civil enforced so far. The Act does not address the problems of society organisations including media classification. Therefore, a suitable legislation having proper organisations and Federation of Nepalese guidelines regarding classification of official documents is required. Journalists, the government showed an interest

39 Keeping the silence: Rehana Hakeem and Saira IrshadKeeping the silence: Rehana Hakeem and Saira Irshad

General objectionsbe in the national interest to hold information

. The Freedom of Information Ordinance is liable to rejection on therefore after a stipulated period of say 20 years 1the ground of the lawmaker's lack of legitimacy. In fact, it should these records should be made public. Also the

be titled as the denial of information law. Further, this ordinance was standing committees of the parliament should

published in the gazette on October 26, 2002, a fortnight after a new be fully cognizant of these decisions.

National Assembly had been elected. The issuance of extra-constitutional legislation at such a time betrays a reprehensible

V) Section 9, Duty to assist: This section is contempt for democracy.

superfluous and has been added only for effect.Section 10: It denies public its right to decide

2. While substantially following the draft ordinance circulated for through parliament.

debate in August 2000, the present measure made some changes for the worse. The provisions added to the 2000 draft and their impacts

Section 13(2) A & B are beyond the scope of on the substance of the enactment are:

common understanding and should be more simply put. Also, seven days of time period is

I) Section 2, and definitions: The addition of (a) 'complainant' (b) sufficient from the filing date of the application.

'complaint', (d) 'employee', and replacement of 'public office' with 'public body' in (h) are inconsequential. The addition of Federal Tax

VI) Sections 14,15,16,17 and 18 added to the draft Ombudsman as a forum for redress (in revenue matters) is welcome

of 2000 enlarge the volume of information the but it does not affect the design of the ordinance plus promotion of a

government can withhold. Also, all of these parallel form of judiciary in the form of Mohtasib should be

should be subject to agreement of the completely done away with. Also, once a final decision has been taken

parliamentary committees. Clause 18 is like, ECC & Cabinet summaries, they should be made public.

redundant.

Section 3. There has been over legislation in every aspect of the Section 19: A High Court Judge instead of a activity. Therefore it should be simplified so that the authority Mohtasib should be vested with the powers to residing within this clause cannot be abused. Also it should be decide in order to discourage parallel judiciary clarified as to who determines that it is necessary to withhold institutions from flourishing. Therefore information. wherever the term Mohtasib has been used it

should be replaced with that of a High Court II) Section 4, Maintenance of record: This section only formalises Judge.what we always believed was government's duty.

VII) Section 20, Frivolous complaint: This III) Section 5, Publication: What this section says has been done since section adds punishment to a principle raised the colonial period. during the debate on the draft of 2000.

IV) Section 8, Exclusion of record: Additional clauses (e) and (I) only VIII) Offence, Destruction of record: The enlarge the reservations made in the 2000 draft and since all provision is welcome but it is inadequate. governments have displayed a tendency to hide facts by terming it to Comparison with the draft of 2000 is required on

I. A. RehmanDirector HRCP

40

two grounds: know must be included.a) The period of more than two years that the measure has been before the II) Section 7: The process leading to final orders must be included in public government has not been utilised on record. This is necessary to ascertain whether a final decision is based on improving the draft in public interest. It reason and takes into consideration expert opinion and precedents.has been utilised on making a bad draft worse. Serious questions arise about the III) Section 11: The designated official is made subject to government establishment's sincerity. That the instructions. This is opening a door for deviation from the law and rules. government has further diluted the 2000 proposal speaks for itself. IV) Section 12: Reservation of the right to access information to Pakistani

citizens is unfair, as it will exclude foreign journalists, scholars and historians. b) Unlike the original draft of the 1997 The condition of a prescribed form and the obligation to furnish particulars Ordinance (drafted by Fakhruddin G. are unnecessary and will only lead to red tape and defer information seekers.Ebrahim) the ordinance makes no reference to the people's fundamental V) Section 14,15,16,17 and 18 create an extraordinarily large area of right to information as provided in the exemptions that are couched in extremely general terms. While some Constitution (Article 19). That any exemptions can be defended in public interest most others cannot be freedom of information law should be justified. International opinion has finalised concepts for exemptions, which premised on the basic right to know is Pakistan need not to ignore.absolutely essential.

VI) Section 19: Recourse to Mohtasib has been limited. He can be approached 3. The authors of the ordinance have not only if the designated official declines to give information on ground that the t a k e n i n t o c o n s i d e r a t i o n t h e applicant is not entitled to receive that information. The question of international actions and the discourse entitlement is unjustified. The creation of another forum, the head of the around them relating to enlargement of department, before an aggrieved applicant can go to the Mohtasib is the right to access information. unnecessary. It will cause delays and may frustrate the purpose. No time

frame has been mentioned for disposal of matters by the ombudsmen.4. The law applies only to federal records whereas the original draft of the 1997 law VII) Section 20: Destruction of record in an unauthorised manner before and covered provincial and local records as after a complaint has been filed/disposed of should also be an offence.well. Granted that information is a Section 22: Instead of the term in pursuance the expression in providing provincial subject but it was not information to the public should be used.impossible to make the law applicable to provincial records in the manner used

VIII) Section 23: The original draft of the 1997 Ordinance provided that right for local bodies' legislation.to information law would override all other laws. This feature has been dropped and this abridges the right to information.

5. The ordinance attracts all the criticism on the 2000 draft.

IX) Section 25: The rules are yet to be framed. Till this happens the ordinance cannot be enforced. No examination of the law is possible until the rules also 6. The ordinance does not provide for are scrutinised. The rules should have been notified along with the ordinance. appeal to judiciary, which in a matter

related to a right, amounts to denial of Conclusion: The ordinance is flawed in terms of both concept and content. that right. Unless it is drastically changed to accommodate public views it will serve only as a vehicle for denying information instead of making it accessible to the Specific provisions:citizens.I) The preamble: The people's right to

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his 1978 constitution-making exercise was very different from what took Tplace way back in 1948. At that time the influence of the British constitutional expert Sir Ivor Jenning was quite evident. But in 1978 the wisdom that went in to making the constitution was indigenous.

Its makers were inspired though by the constitution of United States of America and by the constitution of the Republic of France. The 1978 of access to information in Sri Lanka.constitution was widely scrutinised in the subsequent years. In 1996 a committee to advise on the reforms and laws affecting media freedom and The new Legislation proposes the freedom of expression was appointed and it recommended steps relating to following:these vital matters. 1) The right of any citizen to access

official information in the custody and In 1988, the Colombo Declaration on Media Freedom and Social control of public authorities.Responsibility was issued jointly by the Free Media Movement, the Editors 2) The circumstances and the types of Guild of Sri Lanka and the Newspaper (Publishers) Society of Sri Lanka, to information to which access shall be promote the freedom of expression and media freedom. Most of the proposals denied.made subsequently by the 1996 committee formed to advise on the reforms of 3) The appointment of Information laws affecting media freedom and freedom of expression have been included Officers in each public authority and the in the Colombo Declaration. The government that came into power in establishment of a Freedom of December 2001, introduced a series of bills to ensure freedom of information. Information Commission to hear

appeals regarding information that is Finally, a landmark bill was approved by the cabinet of Sri Lanka on 17th denied.December, 2003. This bill provides public access to official information and 4) Final appeal to the Supreme Court.was the culmination of a longstanding demand of media groups in Sri Lanka. 5) Deliberate non-compliance with the

law to be punishable with a fine. The symposium of Media Freedom and Social Responsibility that preceded 6) The duty of public authorities to the Colombo Declaration, for the first time in the history of the publicise high-value foreign-funded Commonwealth, provided a platform for the media personnel from all ranks and locally funded projects. to meet in a single forum to discuss issues of media freedom and a common 7) To exempt whistle-blowers who platform of reform. A high-powered team headed by Prime Minister Ranil divulge public information within the Wickremasinghe was responsible for the drafting of this landmark bill law from punishment.together with the representatives of the media. 8) A non-governmental, non-partisan

body of responsible people is mooted as The bill that was to be proposed to parliament this year was expected to receive the mechanism to ensure that freedom the unanimous approval of all members of the legislature. The bill has also of expression and access to vital received the blessings of President Chandrika Bandaranaike Kumaratunga, information, are ensured without any already. This bill when it becomes law is sure to herald a new era in the sphere hindrance.

N. M. Ameen, Organiser SAFMA, Sri Lanka

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rranging the Saarc Journalists A Summit ahead of the 12th Saarc Summit is a success. The foreign ministers' presence and

their support to our protocol will go a long way towards achieving

our objectives. The success of this meeting reckons on two grounds. We have been able to get support in favour of our protocol and we have discussed the nitty-gritty of

press laws. We promise to continue our struggle to

supplement the cooperative efforts through Saarc in South Asia.

Reazuddin AhmedPresident of SAFMA

t is a big achievement to have secured personal assurances from the Iforeign ministers of Saarc countries regarding the demand made by SAFMA for free movement of journalists and media-products. What has

been accepted is principle of free movement and modalities will have to be worked out. It will be a crucial stage and we need to be prepared for that.

We have suggested some criteria for allowing visa free entry from one country to another for journalists. There are some reservations to the 10-

year stipulation on the ground that it shuts the door to younger journalists. The journalists as a tribe are not a defined category unlike members of Parliament or Supreme Court judges. I hope this formulation could be

refined further as to be acceptable to various sections.

Foreign Minister Yashwant Sinha gave the assurance that some specific steps will be finalised in response to our demand in the July meeting of foreign ministers. But we will have to continue with our lobbying. We should also be conscious of the hard work that is ahead before we pat

ourselves on our back.

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K. K. KatyalPresident SAFMA, India

e the media-persons are facing identical problems all over South W Asia and at the same time, striving hard to protect media and citizens' rights as well.

We have been active to make SAFMA popular among the journalists of Nepal and the South Asian region and mobilise journalists and media organisations in Nepal for the realisation of the objectives and goals of SAFMA. SAFMA has been raising the issue of free movement of people across the South Asian region. Our active lobbying in Nepal raised the issue of free flow of information and free movement of journalists with the government. Prime Minister Surya Bahadur Thapa has assured his support and Foreign Minister Bhekh Bahadur Thapa has promised that he would include the issue of free movement of journalists in his main

address in the 12th Saarc Summit.

PM Thapa supports

Gopal Prasad ThapaliyaPresident SAFMA, Nepal

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n behalf of SAFMA's Sri Lankan chapter, I extend my thanks O to SAFMA Pakistan for organising this seminar. The efforts of SAFMA Sri Lanka have borne fruit and it gives me pleasure to

inform you that our Ministry of Mass Communication has recommended the proposal made by our chapter to Mr. Raheem,

the Secretary General of Saarc.

Our foreign minister has assured that Sri Lanka will welcome all the journalists and that they will get visas without any problem. The Indian foreign minister has also given the assurance that we will be able to get visas from next July without hassle. I think this

is a great achievement by SAFMA. I have been requesting the SAFMA Secretariat to consider training our young journalists.

Train young journalists

N. M. AmeenOrganiser SAFMA, Sri Lanka

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hile presenting its Proposed Protocol on Freedom of Information for Saarc and its member countries, South Asian WFree Media Association (SAFMA) reiterates:

a) The right of freedom of information was recognised by the international community even before the adoption of the Universal Declaration of Human Rights when the UN General Assembly declared in a 1946 resolution that "freedom of information is a fundamental human right and …the touchstone of all the freedoms to which the UN is consecrated."

b) The right to freedom of information has been guaranteed in the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, and in regional treaties, such as the Inter-American Declaration of Principles on Freedom of Expression, and the European Convention on Human Rights.

c) The Commonwealth, to which six Saarc states belong, has adopted a number of principles and guidelines on the right to know and freedom of information as a human right. The position taken by the Commonwealth is that "freedom of information should be guaranteed as a legal and enforceable right, permitting every individual to obtain records and information held by the executive, the legislative and any other body carrying out public functions." The Commonwealth recognises the importance of public access to official information both in promoting transparency and making governance accountable and in encouraging the full participation of citizens in the democratic process.

d) The adoption of freedom of information laws by a number of states and the experience of their implementation has led to definition of some basic principles that should determine the content of the right to information. These include the principles of maximum disclosure, states' obligation to publish records, promotion of open government, limited scope of exceptions, devising of processes that facilitate access to information, keeping the costs as low as possible if fees cannot be avoided, and protection for people who release information on wrong-doings

SAFMA notes that nearly all Saarc countries have recognised the need for freedom of information laws but their initiatives need to be reinforced.

For instance, in India, a Freedom of Information Bill has been pending before the parliament since 2000. The bill has been criticised for lack of affirmation of the people's fundamental right to information, the scope of disclosure of information by the state on its own is limited, the exemptions are excessive, wide discretion has been allowed to officials to withhold information, private bodies have been excluded from the purview of the proposed law, and there is no provision for independent oversight. A number of states in India have enforced freedom of information laws. They lack uniformity and are wanting in their scope.

In Pakistan, the Freedom of Information Ordinance, promulgated in 2002, instead of removing the flaws and deficiencies in the earlier drafts, makes access to information extraordinarily difficult. The definition of public records has been diluted, the right to know has been made subject to entitlements and government instructions, the right to appeal against

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refusal to provide information has been limited to instances of rejection of an applicant's entitlement, and no provision has been made for challenging decisions exempting public record from the principle of access to it or for a final appeal to a judicial forum against denial of information. In its present form, the ordinance neither accords with guarantees provided by the Constitution nor with the international human rights standards.

In Sri Lanka, the government made a commitment in 1994 to guarantee the right to information in the form of an amendment to the constitution. Two years later, the Law Commission drafted an Access to Official Information Act. It had rejected the idea of maximum disclosure and provided for a large number of exceptions. Recently, the UNF cabinet has approved a bill on freedom of information that will come into force after one year. This is yet to be seen how far it is closer to the international standards and a Freedom of Information Bill that was a part of Colombo Declaration on Press Freedom and Social Responsibility to which the Newspapers Society, the Editors Guild and Free Media Movement were signatories.

Bangladesh, Bhutan and Nepal are yet to develop legislation on the right to access information.

In view of the foregoing, SAFMA appeals to the member countries of Saarc to consider its Proposed Model Law on Freedom of Information for South Asia and adopt it as a Saarc Protocol on Freedom of Information. This Proposed Protocol on Information has jointly been drafted by Article 19, Center for Policy Alternatives, Commonwealth Human Rights Initiative and Human Rights Commission of Pakistan and adopted by South Asian Free Media Association at its Saarc Journalists Summit, held at Rawalpindi, on January 3, 2004. The participants of the Saarc Journalists Summit also resolve to lobby with their governments, mobilise political parties, opinion and policy makers and respective civil societies for the adoption of this Proposed Protocol on Information for Saarc, by the Saarc, and as a model law by their respective legislatures and governments. The Proposed Protocol/Law on Freedom of Information is being attached as an annex to this representation.

Proposed Protocol (Law) on Freedom of InformationIntroductionThe right to information is guaranteed in international law. It is a part of the guarantee of freedom of expression in Article 19 of the International Covenant on Civil and Political Rights. Many countries around the world are now giving legal effect to the right, both by enshrining access to information in their constitutions and by adopting laws, which give practical effect to the right, providing concrete processes for its exercise.

The Model Freedom of Information Law is based on best international practice, as reflected in the ARTICLE 19 publication, The Public's Rights to Know: Principles on Freedom of Information Legislation, as well as a number of freedom of information laws from around the world. It is intended to respond particularly to the freedom of information needs of the countries of South Asia, and as such reflects a common law drafting style. At the same time, it represents global standards in this area and, therefore, is also relevant to civil law countries.

In this context, the term 'Protocol' is used to suggest that all countries should take this as a fixed template for their own legislation. Every country has different informational needs and different structures, and laws must be adapted accordingly. The term' Protocol' is used to signify that it is through a law incorporating the types of provisions set out here that maximum effect is given to practical disclosure of information, in accordance with the best standards on the right to know.

The Model Freedom of Information Law (the Law) provides for an enforceable legal right to access information held by public bodies upon submission of a request. Everyone may claim this right, and both information and public bodies are defined broadly. The Law also provides for a more limited right to access information held by private bodies, where this is

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necessary for the exercise or protection of any right. In this respect, it follows the South African legislation in recognising that private bodies hold much of important information, and that to exclude them from the ambit of the law would significantly undermine the right to information.

In terms of process, the Law sets out a requirement for public bodies to appoint special information officers who have a duty to promote the objectives of the law. However, a request may be made to any officer of the relevant body. Requests must be responded to within 20 days, extendable to 40 days for large requests where compliance within the original time limit is not possible. Where information is required to safeguard life or liberty, it must be provided within 48 hours. An individual making a request may specify the form in which she/he would like the information to be provided. Fees may not exceed the actual cost of providing the information and may not be charged for personal or public interest requests.Crucially, the Law provides for the appointment of an independent Information Commissioner with the power to review any refusal to disclose and with a general mandate to promote the goals of the law. The Commissioner may both receive complaints and undertake his or her own monitoring. He or she may also require bodies to disclose information and even impose fines for wilful failures to comply with the law.

Part III of the Law places a number of positive obligations on public bodies, including a requirement to publish certain types of information and to maintain their records in good order, in accordance with a Code of Practice to be published by the Commissioner.

Part VI of the Law provides protection to whistleblowers, individuals who release information on wrongdoing, as long as they acted in good faith, in the reasonable belief that the information was substantially true and that it disclosed evidence of wrongdoing or a serious threat to health, safety or the environment.Finally, The Model Freedom of Information Law provides protection to those who disclose information in good faith pursuant to a request and, at the same time, imposes criminal liability on those who wilfully obstruct access to information or who destroy records.

PART-IDefinitions and PurposeDefinitionsI. In this Act, unless the context otherwise requires:(a) "commissioner" is the office of the Information Commissioner established by Part V, or the holder of that office, as the

context may require;(b) "information officer" is an individual with specific responsibilities under this Act, required to be appointed by every

public body pursuant to section 16(1);(c) "official" means any person employed by the relevant body, whether permanently or temporarily and whether part-

time or full-time;(d) "minister" means the Cabinet minister responsible for the administration of justice;(e) "private body" has the meaning given by sub-section 6(3);(f) "public body" has the meaning given by sub-section 6(I) and (2);(g) "publish" means make available in a form generally accessible to members of the public and includes print, broadcast

and electronic forms of dissemination;(h) "personal information" means information which relates to a living individual who can be identified from that

information; and (i) "record" has the meaning given by section 7.

Purpose2. The purposes of this Act are

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(a) to provide a right of access to information held by public bodies in accordance with the principles that such information should be available to the public, that necessary exceptions to the right of access should be limited and specific, and that decisions on the disclosure of such information should be reviewed independently of government; and

(b) to provide a right of access to information held by private bodies where this is necessary for the exercise or protection of any right, subject only to limited and specific exceptions.

PART - IIThe Right To Access Information held by Public and Private BodiesFreedom of information3. Everyone shall have the right to freedom of information, including the right to access information held by public

bodies, subject only to the provisions of this Act.

General Right t o Access4. (I) Any person making a request far information to a public body shall be entitled, subject only to the provisions of

Parts II and IV of this Act:(a) to be informed whether or not the public body holds a record containing that information or from which that

information may be derived; and (b) if the public body does hold such a record, to have that information communicated to him or her.(2) Any person making a request for information to a private body which holds information necessary for the exercise or

protection of any right shall, subject only to the relevant provisions of Parts II and IV of this Act, be entitled to have that information communicated to him or her.

Legislation Prohibiting or Restricting Disclosure5. (I) This Act applies to the exclusion of any provision of other legislation that prohibits or restricts the disclosure of a

record by a public or private body.(2) Nothing in this Act limits or otherwise restricts the disclosure or information pursuant to any other legislation, policy

or practice.

Public and Private Bodies6. (I) For purposes of this Act, a public body includes any body:(a) established by or under the Constitution;(b) established by statute;(c) which forms part of any level or branch of Government; (d) owned, controlled or substantially financed by funds provided by Government or the State; or(e) carrying out a statutory or public function, provided that the bodies indicated in sub-section (I) (e) are public bodies

only to the extent of their statutory or public functions.(2) The Minister may by order designate as a public body any body that carries out a public function, (3) For purposes of this Act, a private body includes any body excluding a public body that:(a) carries on any trade, business or profession, but only in that capacity; or(b) has legal personality.

Records7. (I) For purposes of this Act, a record includes any recorded information, regardless of its form, source, date of

creation, or official status, whether or not it was created by the body that holds it and whether or not it is classified,(2) For purposes of this Act, a public or private body holds a record if: (a) the public or private body holds the record, other than on behalf of another person; or

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(b) another person holds the record, on behalf of the public or private body.

Request for Information8. (I) For purposes of section 4, a request for information is a request in writing to any official of a public or private body

that is in sufficient detail to enable an experienced official to identify, with reasonable effort whether or not the body holds a record with that information,

(2) Where a request for information pursuant to section 4(1) does not comply with the provisions of sub-section (I), the official who receives the request shall, subject to subsection (5), render such reasonable assistance, free of charge, as may be necessary to enable the request to comply with sub-section (I),

(3) An individual who is unable, because of illiteracy or disability, to make a written request for information pursuant to section 4(I) may make an oral request, and the official who receives an oral request shall, subject to sub-section (5), reduce it to writing, including their name and position within the body, and give a copy thereof to the person who made the request.

(4) A request for information under section 4(2) must identify the right the person making the request is seeking to exercise or protect and the reasons why the information is required to exercise or protect that right.

(5) An official who receives a request for information may transfer that request to the Information Officer for purposes of complying with sub-sections (2) and/or (3).

(6) A public or private body may prescribe a form for requests for information, provided that such forms do not unreasonably delay requests or place an undue burden upon those making requests,

(7) A public or private body which receives a request for information shall provide the requester with a receipt documenting the request.

Time Limits for Responding to Requests9. (I) Subject to sub-section (3), a public or private body must respond to a request for information pursuant to section 4

as soon as is reasonably possible and in any event within twenty working days of receipt of the request.(2) Where a request for information relates to information which reasonably appears to be necessary to safeguard the life

or liberty of a person, a response must be provided within 48 hours.(3) A public or private body may, by notice in writing within the initial twenty day period, extend the period in sub-section

(I) to the extent strictly necessary, and in any case to not more than forty working days, where the request is for a large number of records or requires a search through a large number of records, and where compliance within twenty working days would unreasonably interfere with the activities of the body,

(4) Failure to comply with sub-section (I) is deemed to be a refusal of the request. Notice of Response10. (I) The response under section 9 to a request for information pursuant to section 4(I) must be by notice in writing and

state:(a) the applicable fee, if any, pursuant to section II, in relation to any part of the request which is granted, and the form in

which the information will be communicated;(b) adequate reasons for the refusal in relation to any part of the request which is not granted, subject only to Part IV of

this Act;(c) in relation to any refusal to indicate whether or not the public body holds a record containing the relevant

information, the fact of such refusal and adequate reasons for it; and(d) any right of appeal the person who made the request may have.(2) The response under section 9 to a request for information pursuant to section 4(2) must be by notice in writing and

state:(a) in relation to any part of the request which is granted, the applicable fee, if any, pursuant to section II, and the form in

which the information will be communicated; and

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(b) in relation to any part of the request which is not granted, adequate reasons for the refusal.(3) In relation to any part of a request that is granted, communication of the information must take place forthwith,

subject only to Section II. Fees11. (I) The communication of information pursuant to a request under section 4 by a public or private body may, subject

to subsections (2) and (3), be made conditional upon payment by the person making the request of a reasonable fee, which shall not exceed the actual cost of searching for, preparing and communicating the information.

(2) Payment of a fee shall not be required for requests for personal information, and requests in the public interest.(3) The Minister may, after consultation with the Commissioner, make regulations providing:(a) for the manner in which fees are to be calculated;(b) that no fee is to be charged in prescribed cases; and(c) that any fee cannot exceed a certain maximum,(4) A public body shall not require payment of a fee under sub-section (I) where the cost of collecting that fee would

exceed the amount of the fee,

Means of Communicating Information12. (I) Where a request indicates a preference as to the form of communication of information contained in sub-section

(2), a public or private body communicating information pursuant to a request for information under section 4 shall, subject to subsection (3), do so in accordance with that preference.

(2) A request may indicate the following preferences as to the form of communication of information:(a) a true copy of the record in permanent or other form; (b) an opportunity to inspect the record, where necessary using equipment normally available to the body;(c) an opportunity to copy the record, using his or her own equipment;(d) a written transcript of the words contained in a sound or visual form;(e) a transcript of the content of a record, in print, sound or visual form, where such transcript is capable of being

produced using equipment normally available to the body; or(f) a transcript of the record from shorthand or other codified form.(3) A public or private body shall not be required to communicate information in the form indicated by the person making

the request where to do so would:(a) unreasonably interfere with the effective operation of the body; or (b) be detrimental to the preservation of the record.(4) Where a record exists in more than one language, communication of the record shall, from among those languages, be

given in accordance with the language preference of the person making the request. If a Record is not held13. (I) Where an official who receives a request pursuant to section 4(I) believes that that request relates to information

that is not contained in any record held by the public body, the official may transfer the request to the Information Officer for purposes of compliance with this section.

(2) Where an Information Officer receives a request pursuant to sub-section (I), he or she shall confirm whether or not the public body does hold a record containing the information and, if it does not, shall, if he or she knows of another public body which does hold the relevant record, as soon as practicable, either:

(a) transfer the request to that public body and inform the person making the request of such transfer; or(b) indicate to the person making the request which public body holds the relevant record, whichever would be likely to

ensure more rapid access to the information.(3) Where a request is transferred pursuant to sub-section (2)(a), the time limit for responding to requests under section

9 shall begin to run from the date of transfer.

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(4) A private body which receives a request pursuant to section 4(2) relating to information that is not contained in any record held by the private body shall notify the requester that it does not hold the information.

Vexatious, Repetitive or Unreasonable Requests14. (I) A public or private body is not required to comply with a request for information which is vexatious or where it has

recently complied with a substantially similar request from the same person.(2) A public or private body is not required to comply with a request for information where to do so would unreasonably

divert its resources. PART- IIIMeasures to Promote OpennessGuide to Using the Act15. (I) The Commissioner shall, as soon as practicable, compile in each official language a clear and simple guide

containing practical information to facilitate the effective exercise of rights under this Act, and shall disseminate the guide widely in an accessible form.

(2) The guide in sub-section (I) shall be updated on a regular basis, as necessary. Information Officer16. (1) Every public body shall appoint an Information Officer and ensure that members of the public have easy access to

relevant information concerning the Information Officer, including his or her name, function and contact details.(2) The Information Officer shall, in addition to any obligations specifically provided for in other sections of this Act, have

the following responsibilities:(a) to promote within the public body the best possible practices in relation to record maintenance, archiving and

disposal; and(b) to serve as a central contact within the public body for receiving requests for information, for assisting individuals

seeking to obtain information and for receiving individual complaints regarding the performance of the public body relating to information disclosure.

Duty to Publish17. Every public body shall, in the public interest, publish and disseminate in an accessible form, at least annually, key

information including but not limited to:(a) a description of its structure, functions, duties and finances;(b) relevant details concerning any services it provides directly to members of the public;(c) any direct request or complaints mechanisms available to members of the public regarding acts or a failure to act by

that body, along with a summary of any requests, complaints or other direct actions by members of the public and that body's response;

(d) a simple guide containing adequate information about its record-keeping systems, the types and forms of information it holds, the categories of information it publishes and the procedure to be followed in making a request for information;

(e) a description or the powers and duties of its senior officers, and the procedure it follows in making decisions;(f) any regulations, policies, rules, guides or manuals regarding the discharge by that body of its functions;(g) the content of all decisions and/or policies it has adopted which affect the public, along with the reasons for them, any

authoritative interpretations of them, and any important background material; and(h) any mechanisms or procedures by which members of the public may make representations or otherwise influence the

formulation of policy or the exercise of powers by that body.

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Guidance on Duty to Publish18. The Commissioner shall:(a) publish a guide on minimum standards and best practices regarding the duty of public bodies to publish pursuant to

section 17; and(b) upon request, provide advice to a public body regarding the duty to publish.

Maintenance of Records19. (I) Every public body is under an obligation to maintain its records in a manner which facilitates the right to

information, as provided for in this Act, and in accordance with the Code of Practice stipulated in sub-section (3).(2) Every public body shall ensure that adequate procedures are in place for the correction of personal information.(3) The Commissioner shall, after appropriate consultation with interested parties, issue and from time to time update a

Code of Practice relating to the keeping, management and disposal of records, as well as the transfer of records to the [insert relevant archiving body, such as the Public Archives].

Training of Officials20. Every public body shall ensure the provision of appropriate training for its officials on the right to information and the

effective implementation of this Act. Reports to the Information Commissioner21. The Information Officer of every public body shall annually submit to the Commissioner a report on the activities of

the public body pursuant to, or to promote compliance with, this Act, which shall include information about:(a) the number of requests for information received, granted in full or in part, and refused;(b) how often and which sections of the Act were relied upon to refuse, in part or in full, requests for information; (c) appeals from refusals to communicate information;(d) fees charged for requests for information;(e) its activities pursuant to section 17 (duty to publish);(f) its activities pursuant to section 19 (maintenance of records); and(g) its activities pursuant to section 20 (training of officials).

PART-IVExceptionsPublic Interest Override22. Notwithstanding any provision in this Part, a body may not refuse to indicate whether or not it holds a record, or

refuse to communicate information, unless the harm to the protected interest outweighs the public interest in disclosure.

Information Already Publicly Available23. Notwithstanding any provision in this Part, a body may not refuse to communicate information where the

information is already publicly available.

Severability24. If a request for information relates to a record containing information which, subject to this Part, falls within the

scope of an exception, any information in the record which is not subject to an exception shall, to the extent it may reasonably be severed from the rest of the information, be communicated to the requester.

Personal Information25. (I) A body may refuse to indicate whether or not it holds a record, or refuse to communicate information, where to do

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so would involve the unreasonable disclosure of personal information about a natural third party.(2) Sub-section (I) does not apply if:(a) the third party has effectively consented to the disclosure of the information;(b) the person making the request is the guardian of the third party, or the next of kin or the executor of the will of a

deceased third party;(c) the third party has been deceased for more than 20 years; or(d) the individual is or was an official of a public body and the information relates to his or her function as a public official. Legal Privilege26. A body may refuse to indicate whether or not it holds a record, or refuse to communicate information, where the

information is privileged from production in legal proceedings, unless the person entitled to the privilege has waived it.

Commercial and Confidential Information27. A body may refuse to communicate information if:(a) the information was obtained from a third party and to communicate it would constitute an actionable breach of

confidence;(b) the information was obtained in confidence from a third party and: i. it contains a trade secret; or ii. to communicate it would, or would be likely to, seriously prejudice the commercial or financial interests of that third

party; or(c) the information was obtained in confidence from another State or international organisation, and to communicate it

would, or would be likely to, seriously prejudice relations with that State or international organisation. Health and Safety28. A body may refuse to indicate whether or not it holds a record, or refuse to communicate information, where to do so

would, or would be likely to, endanger the life, health or safety of any individual. Law Enforcement29. A body may refuse to indicate whether or not it holds a record, or refuse to communicate information, where to do so

would, or would be likely to, cause serious prejudice to:(a) the prevention or detection of crime;(b) the apprehension or prosecution of offenders;(c) the administration of justice;(d) the assessment or collection of any tax or duty;(e) the operation of immigration controls; or(f) the assessment by a public body of whether civil or criminal proceedings, or regulatory action pursuant to any

enactment, would be justified.

Defence and Security30. A body may refuse to indicate whether or not it holds a record, or refuse to communicate information, where to do so

would, or would be likely to, cause serious prejudice to the defence or national security of [insert name of State].

Public Economic Interests31. (I) A body may refuse to indicate whether or not it holds a record, or refuse to communicate information, where to do

so would, or would be likely to, cause serious prejudice to the ability of the government to manage the economy of [insert name of State].

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(2) A body may refuse to indicate whether or not it holds a record or refuse to communicate information, where to do so would, or would be likely to, cause serious prejudice to the legitimate commercial or financial interests of a public body.

(3) Sub-sections (I) or (2) do not apply insofar as the request relates to the results of any product or environmental testing, and the information concerned reveals a serious public safety or environmental risk.

Policy Making and Operations of Public Bodies32. (I) A body may refuse to indicate whether or not it holds a record, or refuse to communicate information, where to do

so would, or would be likely to:(a) cause serious prejudice to the effective formulation or development of government policy;(b) seriously frustrate the success of a policy, by premature disclosure of that policy;(c) significantly undermine the deliberative process in a public body by inhibiting the 1ive and frank provision of advice

or exchange of views; or(d) significantly undermine the effectiveness of a testing or auditing procedure used by a public body.(2) Sub-section (I) does not apply to facts, analyses of facts, technical data or statistical information. Time Limits33. (I) The provisions of sections 26-31 apply only inasmuch as the harm they envisage would, or would be likely to, occur

at or after the time at which the request is considered.(2) Sections 27(c), 29, 30 and 31 do not apply to a record which is more than 30 years old. PART -VThe Information CommissionerAppointment of the Information Commissioner34. (I) The Commissioner shall be appointed by the [insert head of State] after nomination by a two-thirds majority vote

of [insert name of legislative body or bodies], and after a process in accordance with the following principles: (a) participation by the public in the nomination process;(b) transparency and openness; and(c) the publication of short-listed candidates.(2) No one may be appointed Commissioner if he or she:(a) holds a public office, or is an employee of a political party, or holds an elected or appointed position in central or local

government; or(b) has been convicted, after due process in accordance with internationally accepted legal principles, of a violent crime

and/or a crime of dishonesty or then, for which he or she has not been pardoned.(3) The Commissioner shall hold office for a term of seven years, and may be re-appointed to serve a maximum of two

terms, but may be removed by the [insert head of State] upon a recommendation passed by a two-thirds majority vote of [insert name of legislative body or bodies].

Independence and Powers35. (I) The Commissioner shall enjoy operational and administrative autonomy from any other person or entity,

including the government and any of its agencies, except as specifically provided for by law.(2) The Commissioner shall have all powers, direct or incidental, as are necessary to undertake his or her functions as

provided for in this Act, including full legal personality, and the power to acquire, hold and dispose of property.

Salary and Expense36. The Commissioner shall be paid a salary equal to the salary of a judge of the Supreme Court [insert name of

appropriate court] and is entitled to be paid reasonable travel and living expenses incurred in the performance of his

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or her duties.

Staff37. The Commissioner may appoint such officers and employees as are necessary to enable him or her to perform his or

her duties and functions.General Activities38. In addition to any other powers and responsibilities provided for in this Act, the Commissioner may:(a) monitor and report on the compliance by public bodies with their obligations under this Act:(b) make recommendations for reform both of a general nature and directed at specific public bodies;(c) co-operate with or undertake training activities for public officials on the right to information and the effective

implementation of this Act;(d) refer to the appropriate authorities cases which reasonably disclose evidence of criminal offences under this Act: and(e) publicise the requirements of this Act and the rights of individuals under it. Reports39. (I) The Commissioner shall, within three months after the termination of each financial year, lay before [insert name

of legislative body or bodies] an annual report on compliance by public bodies with this Act, the activities of his or her office and audited accounts of the office during that financial year.

(2) The Commissioner may from time to time lay before [insert name of legislative body] such other reports as he or she deems appropriate.

Protection of the Commissioner40. (I) No criminal or civil proceedings lie against the Commissioner or against any person acting on behalf of or under

the direction or the Commissioner, for anything done, reported or said in good faith in the course of the exercise of any power or duty under this Act.

(2) For the purposes of the law of libel or slander, anything said or any information supplied pursuant to an investigation under this Act is privileged, unless that information is shown to have been said or supplied with malice.

PART-VIEnforcement by the CommissionerComplaint to the Commissioner41. A person who has made a request for information may apply to the Commissioner for a decision that a public or

private body has failed to comply with an obligation under Part II, including by:(a) refusing to indicate whether or not it holds a record, or to communicate information, contrary to section 4;(b) failing to respond to a request for information within the time limits established in section 9;(c) failing to provide a notice in writing of its response to a request for information, in accordance with section 10;(d) failing to communicate information forthwith, contrary to section 10(3);(e) charging an excessive fee, contrary to section II; or(f) failing to communicate information in the form requested, contrary to section 12. Complaint Decision42. (I) The Commissioner shall, subject to sub-section (2), decide an application under section 41 as soon as is reasonably

possible, and in any case within 30 days, after giving both the complainant and the relevant public or private body an opportunity to provide their views in writing.

(2) The Commissioner may summarily reject applications:(a) which are frivolous, vexatious or clearly unwarranted: or

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(b) where the applicant has failed to use any effective and timely internal appeals mechanisms provided by the relevant public or private body.

(3) In any application under section 41, the burden of proof shall be on the public or private body to show that it acted in accordance with its obligations under Part II.

(4) In his or her decision pursuant to sub-section (I), the Commissioner may:(a) reject the application;(b) require the public or private body to take such steps as may be necessary to bring it into compliance with its

obligations under Part II;(c) require the public body to compensate the complainant for any loss or other detriment suffered; and/or(d) in cases of egregious or wilful failures to comply with an obligation under Part II, impose a fine on the public body.(5) The Commissioner shall serve notice of his or her decision, including any rights of appeal, on both the complainant

and the public or private body.

Direct Implementation of Decision43. (I) The Commissioner may, after giving a public body an opportunity to provide their views in writing, decide that a

public body has failed to comply with an obligation under Part III.(2) In his or her decision pursuant to sub-section (1), the Commissioner may require the public body to take such steps as

may be necessary to bring it into compliance with its obligations under Part III, including by:(a) appointing an information officer;(b) publishing certain information and/or categories of information;(c) making certain changes to its practices in relation to the keeping, management and destruction of records, and/or the

transfer of records to the [insert relevant archiving body. such as the Public Archives];(d) enhancing the provision of training on the right to information for its officials;(e) providing him or her with an annual report, in compliance with section 21; and/or(f) in cases of egregious or wilful failures to comply with an obligation under Part III, paying a fine.(3) The Commissioner shall serve notice of his or her decision, including any rights of appeal, on the public body. Commissioner's Power to Investigate44. (I) In coming to a decision pursuant to section 42 or 43, the Commissioner shall have the power to conduct a full

investigation, including by issuing orders requiring the production of evidence and compelling witnesses to testify.(2) The Commissioner may, during an investigation pursuant to sub-section (I), examine any record to which this Act

applies, and no such record may be withheld from the Commissioner on any grounds. Appeal from Commissioner's Decisions and Orders45. (I) The complainant, or the relevant public or private body, may, within 45 days, appeal to the court for a full review of

a decision of the Commissioner pursuant to section 42 or 43, or an order pursuant to section 44(I).(2) In any appeal from a decision pursuant to section 42, the burden of proof shall be on the public or private body to show

that it acted in accordance with its obligations under Part II.

Binding Nature of Commissioner's Decisions and Orders46. Upon expiry of the 45-day period for appeals pursuant to section 45, the Commissioner may certify in writing to the

court any failure to comply with a decision pursuant to section 42 or 43, or an order pursuant to section 44(I), and the court shall consider such failure under the rules relating to contempt of court.

PART-VIIWhistleblowers47. (1) No one may be subject to any legal, administrative or employment related sanction, regardless of any breach of a

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legal or employment obligation, for releasing information on wrongdoing, or that which would disclose a serious threat to health, safety or the environment, as long as they acted in good faith and in the reasonable belief that the information was substantially true and disclosed evidence of wrongdoing or a serious threat to health, safety or the environment.

(2) For purposes of sub-section (1), wrongdoing includes the commission of a criminal offence, failure to comply with a legal obligation, a miscarriage of justice, corruption or dishonesty, or serious maladministration regarding a public body.

PART-VIIICriminal and Civil Responsibility'Good Faith Disclosures48. No one shall be subjected to civil or criminal action, or any employment detriment, for anything done in good faith in

the exercise, performance or purported performance of any power or duty in terms of this Act, as long as they acted reasonably and in good faith.

Criminal Offences49 (1) It is a criminal offence to wilfully:(a) obstruct access to any record contrary to Part II of this Act;(b) obstruct the performance by a public body of a duty under Part III of this Act; (c) interfere with the work of the Commissioner; or(d) destroy records without lawful authority.(2) Anyone who commits an offence under sub-section (I) shall be liable on summary conviction to a fine not exceeding

insert appropriate amount] and/or to imprisonment for a period not exceeding two years. PART - IXMiscellaneous ProvisionsRegulations50. (I) The Minister may, by notice in the Gazette [or insert name of appropriate publication] and after consultation with

the Commissioner make regulations regarding:(a) additional forms of communication of information under section 12(2);(b) training of officials under section 20;(c) reports to the Commissioner under section 21;(d) any notice required by this Act; or(e) any administrative or procedural matter necessary to give effect to this Act.(2) Any regulation under sub-section (I) must, before publication in the Gazette, be laid before [insert name of legislative

body or bodies]. Interpretation51. When interpreting a provision of this Act, every court must adopt any reasonable interpretation of the provision that

best gives effect to the right to information.Short Title and Commencement52. (I) This Act may be cited as the Right to Information Act [insert relevant year].(2) This Act shall come into effect on a date proclaimed by [insert relevant individual, such as president, prime minister

or minister] provided that it shall automatically come into effect six months after its passage into law if no proclamation is forthcoming.

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December 10, 2003

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Arrival of Foreign Ministers

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Glimpses of receptions

Secretary General SAFMA presented letters addressed to the foreign ministers of member countries of Saarc at a reception for Foreign Minister Khurshied Mehmood Kasuri and High Commissioners of India, Bangladesh, Sri Lanka and Ambassador of Nepal on January 22, 2004. The letter reminds the foreign ministers of their obligation to fulfil their commitment to consider SAFMA's protocol on free movement of journalists and media-products at the next Saarc Council of Ministers meeting and evolve a mechanism for a liberal visa regime.

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