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Media News Media News is a fifteen-day service which speaks about the media situation in Bosnia-Herzegovina, the most important media events, media legislation, relations between the media and the state and international community… D I G E S T No 51, Vol I Sarajevo, February, 7th 2000. If
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51
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¨ Responsibility for Peace Media, Truth and Reconciliation (1) A roundtable was held in Sarajevo on February 4 on the topic “Truth and Reconciliation,” attended by prominent public figures from across Bosnia-Herzegovina, neighboring Croatia and FR Yugoslavia, as well as representatives of international organizations and diplomatic missions. The aim of the gathering was to launch a general civil initiative in Bosnia-Herzegovina to achieve consensus on acknowledging violence suffered by all victims during the recent war. Establishment of a Commission for Truth and Reconciliation, whose purpose would be to objectively and professionally report on the causes and nature of the suffered violence, would prevent crimes from repeating. We asked the prominent guests, experts in different areas of society, whether media can influence the process of reconciliation and uncovering of truth, and in what way that can be done. ¨ Monitoring How Daily Newspapers Covered the War
in Chechnya
Relying
Mostly on Western News Agencies All daily newspapers in Bosnia-Herzegovina covered the war in Chechnya exclusively through news agency reports, rather neutrally, without going into comments on the situation there, or predicting future developments. All newspapers, as the core of all information they featured, used western sources which relied on news received from both warring factions. Potential inclination towards one of the sides in the conflict could perhaps be seen in headlines or neglect of certain facts from the frontlines. ¨
Serbia Journalists
at Nusic’s Monument Some fifty Belgrade journalists gathered last Monday on Republic Square, in front of the monument of well-known Serbian comedy and satire writer, Branislav Nusic, to draw attention to repression carried out in the past months against independent media in Serbia, primarily the fatal Law on Information, which has given courts the opportunity since a year ago to punish media and their editors even for “unsuitable” quoting of statements given in public places or interviews. The campaign in the Square was organized by the Independent Association of Journalists of Serbia with the intention of making it more massive, having it become traditional and each time enriched with a symbolic program reminding of current events. This time, in addition to reading protest letters and messages, a member of the Independent Association’s Executive Board sat on a chair with his mouth gagged, under a pole on which the names of judges were written whose decisions, ensuing from the Law on Information, imposed heavy capitation on independent press. ¨
News OSCE Mission to BiH Condemns Recent Threats Against Journalists The OSCE Mission to Bosnia-Herzegovina expresses its deep concern over the recent threats against journalists Hasan Hadzic, a journalist of Dani magazine from Tuzla, and Ada Lepara, a journalist of AS magazine from Travnik. It is particularly repugnant that threats have also resumed against Zeljko Kopanja, the editor of Nezavisne novine, who was gravely wounded in October 1999 for a series of articles he published concerning Serb war crimes committed in Teslic.
SFOR Hasitates in it’s Action Toward EROTEL Deputy High Representative for Media Simon Haselock announced during a visit to Media Plan’s School of Journalism that SFOR has not been willing so far to take action to stop the work of EROTEL, which has enabled this organization to continue to broadcast illegally. “It is sad that the international community in Bosnia-Herzegovina is disunited, due to which some decisions have lost efficiency,” Haselock told Media Plan’s students. He added that there has been some opinion lately that strong action should not be taken against EROTEL due to the change of authorities in Croatia. According to Haselock, this position is supported by the United States, which earlier advocated for military measures. Still, he added he “can bet” that the EROTEL issue will be resolved by the beginning of March, but did not say how.
RTV Zenica Threatens to Go on Strike The RTV Zenica syndicate board sent a warning to the municipality that, unless if fulfills its obligations as the station’s founder, RTV Zenica will go on strike. The reasons given are the catastrophic technical situation in the station and the fact that the municipality has been giving only one-seventh of the necessary broadcasting resources, the Sarajevo daily Vecernje novine reported.
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Helsinki Committee for Human Rights in BH Report(2) The Helsinki Human Rights Committee in Bosnia-Herzegovina recently issued a comprehensive report on the position of media in this country in the context of human rights for 1999, which Media News publishes in two parts. The report gives a good cross-section of attacks on media and journalists by authorities and individuals. The report contributes to better understanding of the difficulties that media are encountering in this transition period in Bosnia-Herzegovina.
Position Of Media in BH Within Context Of Human Rights reporting
period: 01.01.-31.12.1999
Barred
Access To Sources of Information The Helsinki Committee for Human Rights in BH several times publicly expressed its concern due to more frequent unavailability of sources of information and non-transparency in the work of organs at all the levels of authorities as well as public enterprises and institutions through which the citizens are deprived of their right to be informed of the work of institutions which is directly connected with their financial, social, political and cultural position. We shall illustrate this kind of approach toward the election body with several examples. We especially emphasise barred access to information of the Ministry of Interior Affairs of the Federation of Bosnia and Herzegovina and unwillingness to co-operate with public media of the Minister Mehmed Zilic, for example, ungrounded and impermissible refusal to give information in respect to murder of Deputy Minister Jozo Leutar and series of unlit terrorist acts in Central Bosnia. The Helsinki Committee also pointed at restrictive information service of the BH Presidency and Council of Ministers in respect of giving information. The characteristic case is the case of the Minister of Finances of the Tuzla Canton when he replied on a question put by editor-in-chief of Dani Senad Pecanin how the funds are formed and spent from the cantonal budget as follows: “I am not interested in giving you this information”. We should specially emphasise here the cases of selective giving the information by state and entity bodies to some media, of course, those media under the control of some of national parties. Alija Izetbegovic, on a question whether Dnevni avaz has an exclusive right to his statements, interviews and generally to his addresses to public replied: “It does not have exclusive right, but I have no time to do all”. Moreover, Izetbegovic divided journalists to those who are “journalists and those who are “journalists – prostitutes” alluding to support of international organisations to independent media in BH. The Serb Radical Party of the Republic of Srpska, six months before assassination on Kopanja denied access of journalists of Nezavisne novine to press conferences of that party. General Secretary of that party Ognjen Tadic explained this act with assertion that the journalists of that newspaper wrote “lies and untruth from the media conferences of SRRS”. The Croat Democratic Union has also its media and its favourite journalists. Their officials and representatives in the authorities are inaccessible for public, this being characteristic for areas in which HDZ is dominating political power. However, despite such situation, journalists and crews of independent media, especially written media, are succeeding in developing their research work thus disclosing numerous essential facts speaking in favour of misdeeds and of accountable persons for the misdeeds in the war period as well as of misuses, robberies and black-marketing in the post-war period and of the responsibility of holders of authority for that. In that context, there are articles about obstruction of the Dayton Agreement. A number of investigations and court procedures were initiated only after pressures being exerted by the public, and following the journalists’ findings on criminal acts and their perpetrators. Thus, the area of free public word is being spread this contributing to a democratisation under extremely difficult circumstances.
Law
Regulations The Helsinki Committee for Human Rights in BH, during 1999, insisted upon law regulations in the field of public information and communication. As it is already emphasised, former High Representative Carlos Westendorp brought the decision to conduct the acts of libel and defamation under civil proceedings not under criminal law. The Independent Media Commission and the Helsinki Committee prepared for the Parliament of the BH Federation the amendments to decriminalise libel and defamation. But, after this, there has appeared the issue of an amount of money fines when treating libel and defamation within civil proceedings. Namely, extremely high money fines have been proposed which by themselves are threats for free journalism and lead to auto-censorship. Pronouncement of such fines to editorial offices would practically mean end of media. Therefore, the Federation Ombudspersons suggest that fines be symbolic (1 DEM) and that damaged party receives satisfaction through publishing true information and public apologise. Measures of Westendorp included also systematic solution in arranging basic RTV network in BH. Within this, transformation of RTV BH into two parts is foreseen – RTV of the Federation of BH and a part which would together with other parts of the system make Public RTV Service for the entire Bosnia and Herzegovina, this being of capital importance for peace process, i.e. for normalisation of the state in the country and its democratisation. Political resistance by national oligarchies hinders the completion of the essential undertaking in media area of BH. The Helsinki Committee has given full support to this project and expressed dissatisfaction with blockade of the process of reorganisation. Particularly severe resistance to establishment of the Public RTV service at the level of BH has been extended by the Prime Minister of the Republic of Srpska, Milorad Dodik who is a political favourite of the international authorities. The decision of the High Representative to rename the main RTV in the Republic of Srpska (Srpska RTV) to RTV of the Republic of Srpska was conducted. However, the struggle for transformation of RTV RS into a media centre, that would primarily act as public service, has not been finished yet. In this case, there appeared a conflict between the representatives of the international community and Prime Minister of RS Dodik following his efforts to establish full governmental control over the RTV RS. In order to incite the process of transformation of RTV BH, the High Representative Wolfgang Petritsch brought the decision on the composition of the Steering Board of RTV of the Federation of BH. The Party of Democratic Action and the Croat Democratic Union were against such a composition since it did not include people who would listen to the parties’ orders. We should note here that SDA and HDZ could have initiated bringing a decision in the Federation Parliament, but they did not do it as they usually block the process of establishment of RTV at the level of the Federation of BH, i.e. transformation of RTV BH. In addition, there is an international supervision both in the RTV of BH and RTV of RS. Positive step in this area was jointly moved by the competent entity ministers Fahrudin Rizvanbegovic and Rajko Vasic by submitting initiative to the Council of Ministers of BH to initiate the procedure that BH access the Conventions and Additional Protocols of the Council of Europe in respect of the media. This refers to the Convention on Transfrontier Television, on Protection of Copyright and Similar Rights in Broadcasting Satellite Television, and additional protocols. Thus, fulfilment of smaller part of obligations at the level of both entities and entire BH in respect of reform of media has been initiated. These obligations, established by the Madrid Conference, are also preconditions for accession of BH to the Council of Europe. Special problem is EROTEL, RTV organisation that rebroadcasts the programme of the neighbouring Republic of Croatia in the territory of Bosnia and Herzegovina. It basically presents great Croatian design in BH and it is under the control of HDZ. The Independent Media Commission (IMV) put a ban on (re)broadcasting of its programme because EROTEL refused to respect BH law regulations in its engagement in BH. EROTEL refused to carry out this decision and possible engagement of SFOR has been announced. Among else, IMC asked that EROTEL in BH uses 11 instead of former 41 RTV transmitters. The IMC intervened also because of unlawful re-broadcasting of the programme of RTV of Serbia from the neighbouring Federal Republic of Yugoslavia. The decision banned transmitting that programme via transmitters on the mountain of Trebevic near Sarajevo. A number of electronic media in BH was punished because of unregulated registering and because of non-respect of norms in the sphere of distribution of the programmes, i.e. use of frequencies. The IMC has issued permits for temporary work of radio and TV stations. IMC announces that many of 227 electronic media in BH shall stop working since they will not be able to fulfil the rules for obtaining permits in duration of two to five years.
Abuse
of Media The Independent Media Commission (IMC) reacted several times in respect of abuse of media position. Thus, RTV “Sveti Georgije” (St. George) from the Republic of Srpska had to suspend broadcasting for three months because of violating the programme-editorial code and refusing to pay money fines pronounced, then Radio station Mostar, in a part of the city which is under the control of the Croat Democratic Union. After fulfilling demands of IMC, suspensions were lifted. Broadcasting of the TV programme of channel “S” in the Republic of Srpska was also suspended and money fines in that entity had to pay “Sveti Jovan” (the owner of which is the daughter of Radovan Karadzic), Radio “Srpsko Sarajevo”, RTV Srebrenica, while in the territory under the control of the Croat Democratic Union , broadcasting of the radio station Drvar was suspended. The Croat RTV of “Herzeg-Bosnia” from Mostar was fined for repeated violations. The suspensions were lifted before their expiry if the managers of those RTV stations in meantime accepted norms from the Code prescribed by the IMC, as well as decisions of this body. All the above mentioned fines were being pronounced because of war-mongering or schauvinistic activities of the mentioned media, because of encouraging hatred toward peace forces or because the shots of parts of programmes for which it was believed to be in controversy to the Code of Editing the RTV programmes in BH were not submitted. In one year, IMC recorded 150 violations of the Code while in 36 cases decisions on fine were brought.
Material
Position of Media And Journalists A difficult material position of media and journalists is a serious threat to freedom of media and their survival. Western mediators speak in favour of the need that media in BH become profitable companies. This is completely in disharmony with the reality of the country destroyed in the war, in which only a small part of economy is reactivated and in which privatisation has just started while at the same time there is grey economy, black-mail and corruption ruling in BH. Media market is narrowed, price of newspapers are high and purchase capacity of the population is little. The international subject therefore have to establish strategy in the field of media in BH which would be adjusted to its characteristics and prospects keeping in mind that the independent, professional and research public media are of significant importance for peace process and total transformation of the country. Sudden withdrawal of some of donors from this territory and leaving media to non-existing market would cause discontinuation of significant public media, this being not in favour of the process of democratisation and regaining of the international confidence and finally, effectiveness of the international mission in BH. Among the drastic examples of position of media we can mention a very renowned magazine Svijet which ceased to exist. Due to lack of financial means, the only independent weekly in Una-Sana canton Prezent also ceased to exist. Under the influence of the authorities (SDA) all firms from this area stopped advertising in Prezent and even refused to pay for services already done. The fact that the status of media is not legally regulated significantly affects the fate of media and journalists and it caused that journalists have not been legally protected. Insensibility of some of foreign factors in media in BH for the position of journalists was expressed in the “OBN case”. Namely, there is a marathon court dispute between OBN and 11 dismissed workers. “Because of permanent cheating in respect of employment contract, and because of harassment by the persons in charge” the former journalists demand compensation for damage to the amount of 200,000 DEM. Some workers were also dismissed in the Radio FERN. Among others, the journalist Dzevdet Tuzlic was fired and the new director of this station did not even want to speak to him about it. There is also another drastic case in respect of 39 workers of RTV “Studio 99” who sent their appeal to the IMC to intervene with the director of that RTV house Adil Kulenovic in order that debt to the amount of 80,000 DEM be paid to them for their services. These workers also said that they had been thrown out from the premises and had not been even allowed to take their personal belongings, without any explanation and under control of bodyguards. When one of the former workers mined the repeater of “Studio 99” in anger, Kulenovic reacted through press calling his former workers “terrorists and collectors of debts”. The Office of the High Representative (OHR) and domestic authorities mutually accuse each other for material position of media. Thus, OHR, for the time being without effects, has given initiative to the Federation Government to write off the million debt to RTV BH in order that this RTV house enters the process of transformation starting with financial zero. This was response to objections of domestic authorities for lack of foreign assistance for the Federal RTV BH. OHR stated that SDA and HDZ were looking for donors’ assistance for the Federal RTV BH while at the same time spending great amounts for the cantonal RTV stations which are neither independent nor multiethnic nor transparent in finances. This is a good example of the state in media system in BH in which it is necessary to additionally intervene as soon as possible in order to create conditions for its reform and material stabilisation.
Conclusion The Helsinki Committee for Human rights in BH estimates that in BH there are public media which are approaching criteria of objective journalism and standards, or they have reached them already. Their activities and effects are of extraordinary importance for the implementation of the Dayton Peace Agreement and overall democratic transformation of the country. On the opposite side there are media under the control of national oligarchies that obstruct the peace process and democratisation. Thus therefore, it is necessary to speed up the process of overall reform of media system in BH, this being impossible without full engagement of the piece mission in BH and the international institutions outside the country. Meaningful donors’ engagement is crucial if we are to preserve and to develop acquired values in the sphere of public communication. Public media, among else, are of crucial importance for affirmation and protection of human rights and freedoms and the Helsinki Committee for Human Rights in BH shall do all to further develop co-operation with them. In the past year, thanks to that co-operation, the issue of rights and freedoms of people was a regular content in a number of public media in BH, this contributing to the increase of social awareness for this issue. Finally, we should point at several encouraging facts in respect of public communications in BH. Thus, the private news agency ONASA, which was established within Oslobodjenje, has opened its agency in the biggest city of the Republic of Srpska, Banja Luka. Studio 88, established with the international assistance, started operating in Mostar, in which young people from both parts of Mostar shall be working. The OSCE Mission and the Office of Ombudspersons of the BH Federation agreed on establishment of Assistant Ombudsman for Media who is to monitor the realisation and violations of right to expression as well as activities and movement of journalists and who will take part in implementation and creation of law regulations in this field. News analyst and until recently editor-in-chief of Oslobodjenje Mehmed Halilovic, the first President of the Union of Independent Professional Journalists in BH too, was nominated to this function. The Helsinki Committee for Human Rights in BH welcomes these steps as direct contribution to developing democratic media environment in BH Listen with your ears! Look with your eyes! Think with your head!
Council:Media Plan Institute Prof. Dr. Muhamed Nuhic, Hamza Baksic (Sarajevo); Perica Vucinis (Banja Luka); M.S. Lenart Setinc (Ljubljana); Prof. Dr. Mario Plenkovic (Zagreb); M.S. Loius de la Ronciere (Paris); M.S. Aleksandar Todorovic (Montreaux); Prof. Dr. Slavo Kukic (Mostar), Prof.Dr. Miroljub Radojkovic (Beograd). |