UNCLAS SECTION 01 OF 02 KATHMANDU 000695

SIPDIS

SENSITIVE

LONDON FOR POL/RIEDEL

E.O. 12958: N/A
TAGS: PGOV PTER ASEC CASC PINR NP
SUBJECT: STATE OF EMERGENCY RELAXED; ANTI-TERRORISM BILL
PASSES; ATTORNEY GENERAL RESIGNS

REFS: A) KATHMANDU 672, B) 01 KATHMANDU 2302


1. (SBU) Summary. Nepal's King on April 4 approved five
directives from the Cabinet easing restrictions on civil
liberties imposed under the state of emergency. The
directives allow criticism - so long as it is not
"demoralizing" - of the security forces; restore press
freedoms, but not in the service of terrorism; and permit
recognized political parties to hold public gatherings.
In reaction, Nepal's Attorney General resigned April 4 in
apparent protest. Also on April 4, Nepal's Parliament
passed the Terrorist and Disruptive Activities (Control
and Punishment) Bill, which would codify an ordinance,
targeted against the Maoists, that was promulgated by the
Cabinet at the time the state of emergency was declared.
This bill now awaits the King's seal. April 4's events
show that a measure of acceptance of the emergency
measures exists within Nepal's democratic institutions;
however, the new directives are unlikely to loosen the
ties of self-censorship currently restraining the Nepali
media. End Summary.

Emergency Restrictions Eased
--------------


2. (U) Nepal's King Gyanendra gave his pro forma assent
April 4 to five Cabinet directives relaxing restrictions
on civil liberties imposed under the state of emergency
that began November 26, 2001. The directives allow public
criticism of the security forces provided it is not
"demoralizing"; allow the publication and transmission of
news reports, articles or commentaries so long as they do
not aid terrorism; permit recognized political parties to
hold public meetings with the permission of district-level
authorities; and provide for the resumption of normal
procedures for civil service assignments and transfers.
The fifth directive specifies that matters not mentioned
in the bill shall be dealt with according to existing
laws. The Prime Minister had been under pressure both
from within his own party and from opposition parties on
both ends of the ideological spectrum to ease restrictions
- especially those on political rallies (Ref A).

Attorney General Steps Down
--------------


3. (SBU) In reaction to the King's issuance of the
directives, Nepal's Attorney General resigned April 4 in
apparent protest. A contact in the Attorney General's
Office confirmed that the AG had resigned because of
ongoing disagreements with the government over the
imposition of the legal framework for the emergency. One
observer speculated that the AG had resigned because he
objected specifically to the loosening of restrictions
under the emergency. Other sources told us that the
Attorney General - a political appointee - frequently
clashed with other Cabinet members. A replacement is
expected to be named soon.

Anti-Terrorism Bill Passes House
--------------


4. (U) Also on April 4, Nepal's Parliament passed the
Terrorist and Disruptive Activities (Control and
Punishment) Bill. The bill would codify a Royal Ordinance
declared along with the state of emergency last November
(Ref B). It now goes to the Palace for the King's assent.
The law would then remain in effect for two years.

Comment
--------------


5. (SBU) Parliament's acceptance of the anti-terrorism
ordinance promulgated along with the state of emergency
late last year shows that Nepal's democratic institutions
are accepting of the steps taken thus far to address the
country's current crisis. The newly issued directives
will promote normalcy in some areas, as in the civil
service personnel system. However, the measures related
to freedom of expression remain sufficiently ambiguous
that Nepal's press will likely continue to steer clear of
controversial reporting, including constructive criticism
of the security forces.

MALINOWSKI