Playing the game...

My post entitled “Playing the media” drew many responses. Two of them were from Tenzing Lamsang.

In his first response, Tenzing argues that “sources” play an important role in revealing crucial information, often by taking great risks. He writes that:

Investigative Journalism internationally has to rely on confidential sources and so is the case in Bhutan. In fact a good journalists job is to cultivate the right sources in the right places.

We should salute these brave sources whose courage and conscience have helped to clean up society to some extent and also spread transparency.

The very lack of a RTI Act, Whistleblowers Protection Act, in-transparent system, cultural shyness to the media and other factors make even mundane information be released as leaks.

I agree with Tenzing Lamsang. I agree with him one hundred per cent.

But there seems to be a slight confusion. My post did not question the use of sources. In fact, like Tenzing, I too applaud whistleblowers who expose wrongdoings, especially by those in positions of authority. And, like him, I too believe that it’s about time we enacted legislation to enable the right to information.

Three days later, Tenzing Lamsang left a second response, one that appears angry and in which he threatens to take me to court. Here’s the second response in its entirety:

First the Opposition leader should stop spinning facts his way. This is not the political arena where you can throw wild accusations at the government but here you are dealing with the reputation of a media professional and an individual and what you have posted again borders on defamation.

When you made the original post on the pay hike I had no problem expect with the fact that you questioned whether the information had been ‘stolen’. I was unhappy and called you in 2008 to ask you by what you meant by the particular phrase ‘Or are they being stolen’. You very clearly told me that you meant that weather it was stolen by some official and then given to me implying that an official had stolen it which anyhow was an incorrect assessment. As you now claim I did not make any justifications to you as in the first place I did nothing illegal and secondly I owe no explanation to you.

I was simply trying to handle in a civil way what others would consider defamation. I accept that you have not accused me of stealing documents but by even hinting that the information was stolen without any evidence it is irresponsible and dangerous especially coming from the opposition leader of the country.

However the damage of your post in 2008 was done and since then some of my detractors have assumed your post to be a fact and used it to spread this fiction of stolen documents.

Perhaps the right way to handle it would have been to resolve the issue in court at that time like you recently did with the government.

Stealing is what a common thief or criminal does and it is the basest and most vile act for which there are adequate provisions in the penal code.

You have once again raised questions over my entire body of work for whatever reasons by hinting that the pay hike information was stolen. Lazy armchair journalism is something I do not do. I make it a point to meet everyone and get information and follow the basic rules of ethical journalism combined with backbreaking hard work.

A whimsical and defamatory comment like yours backed without any truth or evidence will not do the credibility of the opposition leader any good.

Truth does not spread easily but whisper a lie and it spreads like wildfire doing its damage. Based on this lie a paper has done a cartoon which is in poor taste, devoid of reality, petty and foolish. In Bhutan as I have said before the biggest challenge at times is not the government but people including those in my own fraternity who use the pen at times like a butcher’s knife.

Next time around I will not take kindly to such accusations and logical steps will be taken accordingly.

I don’t know why he got so upset. All I can say is that “Playing the media” was not intended to be an attack on him. Nor was it an attack on his sources. What I found questionable – even unethical – was that the government was purposely leaking information with the intention of gauging public opinion.

The post was titled Playing the media for a good reason. “Playing” the media – get it? Here’s the excerpt from Tenzing Lamsang’s column that I quoted in that post:

Another similar incident occurred in early 2009 when another source shared information with me that the finance ministry was planning car taxes of up to 50%. The story was done. However, the ministry immediately issued a circular saying that there is no proposal for a car tax. The source later told me that there was in fact a proposal which MoF withdrew immediately at the time due to the negative reaction. The source confessed to me that the information was deliberately leaked to me so that public reaction could be gauged.

I reiterate: “Playing the media” was not about Tenzing Lamsang. I covered that quite clearly in “Investigating rewards?”

“Playing the media” was about certain questionable practices of the government. That’s why my post ends with:

The government should not play games with the media and, through it, with the public at large. Such games are silly at the best of times. But more often than naught, like the rumors of resignation that spread following the Supreme Court’s verdict, they can get dangerous.

Enough said. Let’s address the real issue. I’d like to hear from you: is it okay for the government to deliberately mislead the media by disguising and leaking proposals that are still under consideration as policies ready for implementation in order to gauge public reaction?

 

Taking charge...

Here are two reasons why we should welcome news that the prime minister has formally taken charge of the foreign affairs portfolio:

One, the foreign ministry, an important portfolio, has been without a minister for about a year.

And two, this is a good opportunity for the government to reduce the size of the administration.

Eleven ministers (a prime minister and 10 cabinet ministers) for a country of 700,000 people and a GDP of barely US$ 1.3 billion is excessive by any measure. Switzerland, for instance, has 7 ministers for 8 million people and a GDP of US$ 500 billion.

Our government is bloated. And we need to trim it. We need to make it small, compact and efficient.

A good way to start is by reducing the number of cabinet ministers. And a good way to start that is for the prime minister to take charge of at least one ministry.

RUB fees?...

The RUB has accepted McKinsey’s recommendation to charge fees to their students. This year, 10% of the students entering RUB’s colleges will have to pay fees. And by 2013, 30% of them will have to do so.

Is this a good idea? What do you think?

Please share your thoughts. And please take the poll that asks “Should RUB charge fees?”

Examining exams...

Need testing

Earlier this year, when the education ministry announced that they were thinking about doing away with written examinations for students of PP to Class III, I asked if phasing out the exams was a good idea.

41% of you said YES, exams should be discontinued for Classes PP to III. But 56% of you said NO, written exams should not be discontinued. The rest said that they were not sure.

Thank you for taking the poll.

The idea of doing away with examinations was first mooted at a GNH for Education conference. The education ministry considered the proposal, but seem to have dropped it after concluding that, at this time, our schools do not have a suitable alternative to assessing student performance.

I agree. That, plus removing examinations from our classrooms sounds uncannily like NAPE  (new approach to primary education), another modern idea that our schools and teachers were not adequately equipped to implement.

Vicious precedence...

Okay, I’m confused…

On 31st March, Bhutan Today reported that the Chukha district court found the driver who was caught with 10 packets of khaini and 2 packets of cigarettes guilty of a misdemeanor. I’d written that we should welcome the verdict, and posted a copy of Bhutan Today’s article in which the Hon’ble Drangpon was quoted extensively.

But today, Bhutan Today reports that the Chukha district court found Ambar Biswa, the driver who was caught with 10 packets of khaini and 2 packets of cigarettes, guilty of a fourth degree felony and sentenced him to a prison term of three non-bailable years.

Do you smell anything vicious? Here’s today’s article by Bhutan Today:

 

Social media and Bhutan...

Social media was the subject of Bhutan’s attention on two occasions last month.

In one, the Bhutan Centre for Media and Democracy organized a conference to discuss “… the current social media scene in Bhutan and … how this can be used to benefit Bhutanese society.” The conference, which also provided “… a step by step guide to using Twitter and Facebook …”, took place on 29th and 30th March.

In the other, the government issued a circular pointing out that social media sites were “taking a toll on the productivity of the government machinery” and suggesting that social sites “… should be blocked in the office servers during the official working hours”. The circular, reproduced below, goes on to caution that “Measures adopted is to come into effect not later than 31st March, 2011.”


Virtuous precedence...

“linda”, a regular commentator, screamed in my last post:

ANY SAY ON THE TANALUM TOBACCO CASEEEEEE? DIFFERENT LAWS IN DIFFERENT DISTRICT, DIFFERENT LAWS BY DIFFERENT DRANGPON …. DIFFERENT LAWS TO DIFFERENT PEOPLE

What upset “linda” was the apparent inconsistency the verdict by the Chukha District Court on a 29-year old bus driver.

On 16th March, in Tanalum, the driver had been caught with 10 packets of Baba chewing tobacco and two packets of cigarettes. He was charged with smuggling tobacco under the Tobacco Control Act.

On 28th March, the driver had been released on bail.

And on 30th March, the district court decided that the driver had not smuggled tobacco, but had possessed the tobacco for his personal consumption. The court ruled that possessing tobacco for self-consumption is a misdemeanor, a bailable offense, and sentenced the driver to a prison term of one year.

That, in short, is what I know about what “linda” calls the “tanalum tobacco case”. My knowledge comes from Bhutan Today. Their website continues to remain inactive, so I’ve attached a copy of their article at the end of this post.

Now for my “say on the tanalum tobacco case”. I welcome the Chukha District Court’s verdict.

Number one, the driver was allowed bail during the trail. Great! After all, the driver couldn’t have been that great a threat to society (or to himself) to deny him bail.

Number two, the case was wrapped up in barely two weeks. Again, great!

And number three, the district court ruled that the accused had possessed tobacco for personal consumption, and that he was not involved in contraband. Great! Absolutely great!

Sending the driver to jail for one year for possessing 10 packets of khaini and two packets of cigarettes is stiff. But the sentence is bailable. And the sentence is required by the Tobacco Control Act.

Convicting the driver of smuggling, and sentencing him to three years in prison, without bail, would be draconian. That would also be wrong. The driver couldn’t possibly be carrying the 10 packets of khaini to sell in the black market. He couldn’t be smuggling.

I’m excited about the tanalum tobacco case verdict for another reason. Precedence. I’m hopeful that the verdict sets a virtuous precedence for future judgments, including Sonam Tshering’s who has appealed to the High Court.

Sonam Tshering, by the way, is represented by Cheda, a partner with UC Associates. Cheda and his legal firm are representing Sonam Tshering and Lhab Tshering pro bono.

Sonam Tshering’s trial at the High Court is expected to begin today. He’s already been in detention for 71 days.

Big ideas...

House No. 7

I stayed at Yangtsena yesterday. It’s a small village on the southern slopes of the Pu-la overlooking the Amochhu river.

Yangtsena has only seven houses. But all of them are handsome, traditional farmhouses. It wasn’t always like that – just 14 years ago, they lived in basic bamboo huts.

That’s about when, when Yangtsena’s residents got together and decided that they, all seven households, must have better houses. Individually, no family had the resources to build a farmhouse. So they decided to pool their resources, especially labour, and collectively build all of their houses, one farmhouse at a time.

Contributing labour to build houses is not uncommon in our villages. Almost every house in rural Bhutan has been built using at least some form of free labour from their neighours.

But what sets Yangtsena apart is their resolve to build the entire village collectively, an idea that engaged every man, woman and child, almost every winter, in construction. Last winter, they completed their seventh, and final, farmhouse. And with that they completed an idea that began 14 years ago.

Yangtsena is a small village. But they have big ideas. Their next project is to improve their irrigation channels and then, again collectively, build more paddy fields. The idea – a big idea, and one that they will surely achieve – is to become self sufficient in rice.

BNCA rules...

Most of us support the objectives of the Tobacco Control Act, which is to reduce tobacco consumption – perhaps even eradicate it – in the country. But many of us are alarmed at the severe penalties being handed out under the Act.

First Sonam Tshering, a monk, was sentenced to three years in prison for possessing a mere 48 packets of chewing tobacco. He has appealed the verdict to the High Court.

Then Lhab Tshering, a driver, was arrested for possessing 64 packets of chewing tobacco. He’s currently being tried at the Thimphu District Court, and could also receive a three-year prison term.

And a couple of weeks ago, three people – an engineer, a soldier and an officer – were arrested for allegedly smuggling nine packets of cigarettes. Three people could go to jail for three years each for smuggling nine packets of cigarettes!

Most of us support the objectives of the Tobacco Control Act. But many of us can’t make sense of how the Act is being implemented.

So I was delighted to learn that the Royal Bhutan Police had offered the government a graceful way of resolving this predicament. Kuensel reported that the police had recently written to the Bhutan Narcotics Control Agency asking them a very pertinent question:

Carrying what quantity of tobacco would be considered smuggling or violation of the Tobacco Act provisions?

And Kuensel reported that:

Police officials said for them to enforce the Tobacco Act, there was a need to “quantify” the amount of tobacco products a person was carrying.

“At least the minimum amount should be specified,” a police official said. “Are you going to charge a person, who is caught with a packet of cigarette, like one caught with thousands of tobacco products?”

But, sadly, the government did not seize the opportunity. Kuensel went on to report that:

BNCA officials said the penalty is the same, irrespective of the quantity of tobacco one is caught carrying.

There’s a big difference between smuggling to sell or distribute tobacco products, and illegal possession of tobacco for personal consumption. And that difference should be clearly defined in BNCA’s rules and regulations. But they feel that there’s no need to differentiate between the two.

That’s too bad. If the police’s concerns were accepted, a monk wouldn’t go to jail for possessing a few packets of khaini. A driver wouldn’t face a similar sentence for also possessing khaini. And three people wouldn’t be charged with smuggling nine packets of cigarettes.

At this rate, many more of our fellow citizens will end up in jail.

A helping hand...

Here’s an announcement from Jurmi Chhowing. I won’t be in Thimphu, but for those who are … please attend.

My apologies for going off the topic!
I’m requesting personal help. We are trying to help raise whatever cash/kind we can for the Tsunami/Earthquake victims of Japan.

Its called “A HELPING HAND” – (With The Journalist, Bhutan Today, Radio Valley, Kilu Bhutan Music School & Japanese friends & colleagues using their resources besides many others). We are building up to the event (a MUSIC concert by STUDENTS from KILU), and trying to create avenues/raise publicity for people to chip in and show Solidarity at this tragic juncture in Japan.

It will culminate with the Concert on Sunday 2:30PM at the Clock Tower. And you are ABSOLUTELY WELCOMED!

Thanking You, Sincerely, Jurmi Chhowing.

 

 

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