Nepal flag. Nepal is still a sovereign country, with laws and a constitution to follow.
"Freedom of opinion and expression?" Nepal repeatedly breaking its own Constitution at Everest Base Camp

Posted: Apr 23, 2008 10:01 am EST
(MountEverest.net) "Well, we are only guests here, and have to follow the laws of the country we are visiting," some climbers (commercial clients) on Everest have said about the bans, searches and censorships thrown at them.

BC packed with a fancy crew of international doctors, scientists, business folks and "veteran guides" - you'd expect at least one lawyer in the place.

When the American (a young, free climber with little funds) was busted with a Tibetan banner in his backpack yesterday, he was actually exercising his legal right, and should report the government and military to the police.

On Everest right now, the government of Nepal is repeatedly breaking its own Constitution established as late as last year.

Freedom of opinion

In 2007 the interim constitution of Nepal was set up and should be followed until a new constitution is written. In part 3, page 5 the Fundamental Rights of Nepal are listed.

(3) Every citizen shall have the following freedoms:
(a) freedom of opinion and expression;
(b) freedom to assemble peaceably and without arms;

This stipulates that climbers at base camp has constitutional right to express any opinions in regards to the torch, China and the Tibetan issue - any restrictions imposed by the military is against the constitution and unlawful.

Freedom of publication

Part 15, page 7. Right Regarding Publication, Broadcasting and Press

(1) No publication and broadcasting or printing of any news items, editorial, article, writings or other readings, audio-visual materials, by any means including electronic publication, broadcasting and press, shall be censored.

This stipulates that the military has NO right to control or restrict any reporting from Everest BC - they are breaking Nepali law.

(2) No radio, television, online or any other types of digital or electronic means, press or any other communication media shall be closed, seized or be cancelled the registration because of publishing and broadcasting or printing any material by such means of audio, audio-visual or electronic equipments.

(4) No communication means including press, electronic broadcasting and telephone shall be obstructed except in accordance with law.

This stipulates that the military has NO right to seize satellite phones or other communication equipment - they are breaking Nepali law.

Find the full list of rights in the links section.

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