Deporting @robpenner

Penner is the first foreigner to get his visa cancelled for actively debating Nepal’s politics on social media

The Brief
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Pic: Robert Penner/Twitter Pic: Robert Penner/Twitter

From the Nepali Press

3 May, setopati.com

Canadian Robert Penner has been a prolific social media user, and showed a keen interest Nepal’s political process. The government on Tuesday gave him two days to leave the country. The Department of Immigration cancelled Penner’s visa citing ‘misuse of his work visa’ and for showing ‘unnecessary interest in Nepal’s internal politics’ and posting ‘posting provocative comments’ on Twitter.

Penner has been associated with Cloud Factory, a Nepal based IT company for the past three years, and was picked up by police from his office in Lalitpur on Monday, 2 May. He broke the news of his own arrest via Twitter.

“If we find him guilty of being involved in suspicious activities that threaten Nepal’s peace, security and interfere in our internal affairs we will cancel his visa,” said Kedar Neupane, the chief of Immigration Department adding, “it’s one thing to show general interest in Nepal’s issues and make common observations, but Penner was found to be doing much more than that.”

The order for Penner’s arrest and investigation was reportedly issued by the Home Ministry because he had violated Immigration Law by ‘participating in political activities’.

“The Police had been tracking his posts on social media for the past few months after his interest and comments came to our attention, and the possibility of deporting him was already discussed at the Home Ministry few days ago,” a government official said.

It is clear to see from his tweets that Penner had a deep interest in Nepal’s political process and regularly commented on it. He not only made comments or participated in discussions on social media, but also debated aggressively about Nepal’s politics. Penner’s father had earlier worked in Nepal at Dadeldhura Hospital operated by United Mission Nepal.

Advocate Dipendra Jha who is representing Penner, says: “Even foreign nationals have freedom of expression which is why the government’s action against Penner is wrong.” He added that it was incorrect to say that Penner was involved in Nepal’s political process.

Constitution expert Bipin Adhikari has a different opinion. “Of course an individual’s freedom of expression should not be curbed, but there’s a difference in the rights granted to a citizen and a foreigner,” he says.

According to Adhikari a citizen who partakes in activities that may affect the public interest can be exempted to a certain degree, but the same does not apply to a foreigner.

But Jha argued: “He didn’t go to Singha Darbar and organise a rally, he only expressed his opinions on Twitter, the world is now a global village. Even we comment about Bangladesh or the US. Is that also illegal now?”

This raises another question on what the term ‘involvement’ means in politics. According to Jha sloganeering and taking part in rallies can be considered a political activity, but not writing or speaking about political issues. Adhikari’s definition of ‘involvement’ is any activity that affects or has the possibility to affect politics.

“That’s why it is accepted globally that no foreign national should take part in any activity that can affect the internal politics of a country,” says Adhikari. “There’s no country in the world that grants a foreigner the freedom to be so actively involved in its internal politics.”

It is an individual’s choice to engage or not engage with another person on social media, but with Penner that wasn’t the case. He regularly hounded people on Twitter, which seems to be why the authorities were alerted about him.

There are many foreigners in Nepal who comment on the politics of the country and engage in discussions on social media. What set Penner apart from the rest were his provocative posts. Penner is the first foreigner to get his visa cancelled for actively debating Nepal’s politics on social media.

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Comments (Archive)

  • Chubb

    sounds like a sick obsessive guy who grew frustrated with his own homeland and came here to be a hero. little did he know that he turned into a zero.

  • Ravi Raj Kaur

    Sometimes it is hard to understand the do' s and don' t -s in another culture. In Nepal I frequently wondered why the negativity in general is applauded (from the media or who claims to be media) and still journalists are murdered or social protests can not be silenced or resolved. The phenomena of bandha and the 2 decades of weak governance must be applauded? Democracy is in it beginning coming from a culture of submission, no on has a lot of practice in it. I suppose if one were to really insult a Prime Minister in Canada a law suit may or may not follow, but criticizing the government it the meaning of democracy. The part where it turns bad is the chinese influence is unclear, murky, the power abuse is tremendous, the rebuilding of monuments before peoples' homes have no words for that. Yes by all means stop foreign visas at all and become Tibet under chinese rule.

  • namah

    Bipin Adhikari is the same guy who applauded the citizenship clauses of the current constitution...any news item quoting him...well...enough said...this is nepal

  • Wormhole

    Time for the nerd to go home.

  • namah

    hounding someone on twitter is subjective...also does it make a case for deportation? maybe twitter users should learn to use the 'block' function'. did robert show up at their door? chase them down alleys on his motorbike? attack them physically? hounding/stalking is very different from trolling...time for all of us to wake up to use the internet...

  • calix

    this is the symptom of a much bigger problem among the Nepali populace and it's ruling class. this kind of attitude foments racial prejudice in a nation already struggling with it. we like to promote ourselves as an friendly, tolerant society who are always smiling despite all the hardships But are we really the friendly, tolerant and resilient people that we say and pretend to be? Or are we just arrogant hypocrites in denial.

  • Asha

    This guy is nothing but an online troll made hero by foreign journalist and some far left lunatics in Nepal. He repeatedly seem to harass people who had no interest in interacting him. He clearly took a political side and try to push it filled with propaganda. Well done to Government for kicking him out in a respectful manner.

  • politicalanalyst

    A foreigner is "not allowed to comment on politics" - I have never heard anything more absurd in my life. This is not just a first for Nepal, but for the democratic world. Everyone has a right to participate in free speech, as per the International Law, regardless of your nationality. Only in countries which restrict free speech for everyone (e.g. North Korea) should you be wary, regardless of your nationality. The fact that a constitutional expert can even make such statements is deeply disturbing. This statement is even more bizarre when one considers the stateless population or foreign population denied citizenship due to Nepal's reactionary laws. I expect they are also not allowed to freely voice their opinion as they are not citizens? As the constitution directly affects them, they have every right (moral and political) to raise their voice.

  • Digital Subway

    Two events that have caught public's interest in regards to Freedom of Speech are: arrest of KMD and deportation of Penner. What I found interesting is: KMD's statements were published in setopati, the original in Nepali and translation in English. Then, Nepali Times, which is part of Himal khabar and owned by KMD, published a report about Penner from setopati. Nice tag team and Thank You for your independent journalism.

  • Ravi Raj Kaur

    Democracy Day Deport all Tourists

  • namah

    @politicalanalyst: perfect analysis...shut those up, who actually are in the greatest need of a voice! :-) Jai Nepal ... anyone?