STATE OF MEDIA
FROM THE ASPECT OF HUMAN RIGHTS
January - December 2000

Last year, while continuing to monitor, record and analyse on a regular basis all the relevant events and facts indicative of the state of media in the context of human rights (particularly when it comes to pressures exerted by the authorities on public media and media workers, and physical threats to journalists), the Helsinki Committee for Human Rights in BiH especially focused on the establishment of legal regulations in this field. The Helsinki Committee for Human Rights in BiH engaged its efforts in all forms of activities pertaining to the protection of the freedom of expression and the setting up of the legal framework in this domain, particularly in the sphere covered by two decisions of the High Representative, Carlos Westendorp, passed in July 1999, the substance of which was only partially translated into the form of legal regulations.

The Helsinki Committee deems that the publishing of the Draft Law on the Freedom of Information (June 28^th 2000) at both the state and entities’ level is one of the most significant steps in the democratisation of BiH and its struggle for promotion of the freedom of public expression. The Advisory Group for preparation of the Draft Law on the Freedom of Information and Libel, established by the Office of the High Representative (OHR) of the International Community in BiH and the Organisation for Security and Co-operation in Europe (OSCE) Mission to BiH thus performed the task that in fact was the duty of the BiH authorities. The Draft Law on Information was adopted by the Parliamentary Assembly of BiH under the name of Law on Free Access to Information. It is one of the pillars of civic freedoms. Therefore, the Helsinki Committee upholds its enforcement in practice, because the experiences of the countries that have this kind of laws indicate that there are attempts to avoid full implementation of their norms. The Helsinki Committee for Human Rights, with the assistance of the International Research and Exchange Board (IREX ProMedia), prepared a special programme for monitoring the implementation of the Law on Free Access to Information in practice.

The Law on Free Access to Information, which for the moment exists only at the state level, should make the functioning of governmental authorities and all the public institutions at all the levels more transparent, making them more accountable for what they do or fail to do. The provisions of the Law do not, as a rule, directly refer to private business organisations and non-governmental organisations, but if any of these organisations performs certain tasks for the governmental authorities, then, such an organisation also becomes subject to the norms of the Law. Whether the democratic potentials of the Law on Free Access to Information will be used to their full will depend on all the protagonists of civil society - parliament members at all levels, associations of journalists, media and their journalists, non-governmental organisations, as well as on all the citizens ready to participate actively in the introduction of true democracy in Bosnia and Herzegovina.

The Helsinki Committee will persist in insisting that the BiH Federation (FBH) Parliament and the People’s Assembly of Republika Srpska (RS) adopt the laws on free access to information as soon as possible. At the same time, it will campaign in favour of having the Draft Laws on Libel and Defamation enter the parliamentary procedure as urgently as possible. At this point, the Helsinki Committee reminds of the fact that the competent bodies in both entities are under obligation to enact the laws that will treat libel and defamation as civil law offences, striking out these categories from the criminal code.

The Helsinki Committee, together with other institutions from about fifteen countries (Central and East Europe, Scotland and USA) actively participated in a workshop organised by the Constitutional and Legal Policy Institute (COLPI), Open Society Fund and Central European University in Budapest. On that occasion, the experiences relating to the law on access to information were exchanged and this contributed to further development of activities relating to this issue in BH. A round-table on the topic “Right to Ask for, Receive and Disseminate Information” was held in the Human Rights House of Sarajevo. The round-table was organised by the Helsinki Committee for Human Rights in BH, with the assistance of the Public Relations Office of the US Embassy to BH. That initiative met with a powerful response of the public and gave an impetus to participants, (which included the representatives of the majority of journalist associations and media in BH, then OHR, OSCE Mission to BH, Independent Media Commission (IMC) and IREX ProMedia association) to further develop actions on this subject matter. After the round-table on the topic “Importance of the Law on Free Access to Information for Citizens of BH”, organised by the International Research & Exchange Board (IREX) and the Helsinki Committee for Human Rights in BH, an appeal was sent to political parties represented in the Parliament of BiH to urgently adopt the law. In co-operation with the Independent Union of Professional Journalists in BH, the Helsinki Committee is engaged in preparing the materials and selecting an author for a book to be published on freedom of public expression. The Helsinki Committee for Human Rights in BiH welcomed the decision of the Committee of Ministers of the Council of Europe to adopt the Recommendation R (2000) to member countries, which concerns the right of journalists not to disclose confidential sources of information.

The majority of the BiH Federation cantons have laws on information that provide for a moot mandatory requirement to register the media with the cantonal ministries in charge of inspecting the lawful work of media in the canton. The “inspecting” role has not been specifically defined, thus opening the door to various misuses. Among else, there are cases where the fines prescribed for editors-in-chief who fail to register the media or just the change in the data on the media outlet, are even five times greater than the fines prescribed for responsible authorities for not providing information. The Ombudsmen of the BiH Federation gave their opinion that there were no reasons for the existence of the control over media by the cantonal Ministries and that any registering of media with the organs of executive authorities was unacceptable. Only the Cantons of Tuzla and Una-Sana positively responded to the demand of Ombudsmen to abolish the obligation to register. The Ministry of Information exists in the Republika Srpska as well, although as of recently without the minister.

In the continuation of this analysis, we will consider the pressures exerted on media and journalists, threats to personal safety and physical assaults on public media, clannishness and inaccessibility of sources of information, as well as the status of media and journalists and their self-organisation.

ATTITUDE OF AUTHORITIES TOWARD MEDIA
AND ATTACKS AGAINST JOURNALISTS

What was the attitude of authorities toward media could be discerned from the introductory part that dealt with the issue of legal regulations in the sphere of public expression.

The pressure exerted by authorities on journalists reflects in the sphere of judiciary as well. Thus, the three Ombudsmen of the Federation of BiH intervened when the judge of the Municipal Court II in Sarajevo (BH F), Kenan Tahirovic, pronounced a 3 months imprisonment or one year suspended sentence to journalists of Oslobodjenje Arijana Kuci and Edin Krehic without reasonable grounds. Actually, this sentence infringed the decision of the High Representative on abolishment of the category of libel and defamation as criminal acts. After the intervention of the Ombudsmen, the President of the Municipal Court II, Senad Kreho, suspended judge Tahirovic.

Inspectors of the Ministry of Interior in Tuzla Canton interrogated Elvir Huremovic, journalist of Dnevni avaz, without informing him in what capacity was he being interrogated (as a suspect, a witness or something else). Huremovic was interrogated in connection with a dispute between a politician and a judge in Tuzla.

The municipal prosecutor in Lukavac (BH F) ordered the arrest of journalists Elvis Kovacevic and Denis Dugonjic, the authors of a play “Disaster”, instituting criminal procedure against RTV Lukavac “for inspiring panic and fear”. The play in question described a fictitious situation in which the nearby artificial lake Modrac threatened to bring disaster to Lukavac and neighbouring places.

Particularly indicative was the case of multiple pressures on a daily paper Dnevni avaz by the leaders of the Party of Democratic Action (SDA). The paper had made a turn in its editorial policy, abandoning its position of a media outlet controlled by SDA. At a solemn ceremony in Sarajevo, the editor-in-chief of Dnevni avaz, Mensur Osmovic, refused to accept the BiH Journalists’ Association’s Newspaper-of-the-Year Award. Addressing the audience, Osmovic said that the reason for the refusal of the award was the behaviour of the BiH Federation Prime Minister, Edhem Bicakcic, also present at the ceremony as sponsor. Indeed, prior to this, Enes Colpa, Bicakcic’s driver, had attacked Adi Hadziarapovic, journalist of Dnevni avaz, because of a critical article on the Prime Minister. After Osmovic had filed a written protest, Bicakcic did not respond to him directly, but addressed the Director General of the Dnevni Avaz Company, Fahro Radoncic, disparaging and insulting the editor-in-chief. This signalled introduction to an attempt of SDA to wipe out Dnevni avaz, in the course of which the Financial Police officers, accompanied by uniformed policemen of the Federation Ministry of Interior, repeatedly kept intruding, without authorisation, into the premises of this paper, interfering with the newspaper-making process and creating a menacing atmosphere. The Helsinki Committee for Human Rights in BH reacted promptly, resolutely demanding that such bullying behaviour of the authorities be stopped. Finally, the High Representative was forced to order cessation of pressures on Dnevni avaz and to suspend the work of the Financial Police in the pre-election time. The Helsinki Committee draws attention to the statement of the Director of the BiH Federation Financial Police, given in connection with the criticisms that appeared in media about the Dnevni avaz case: “I am not going to hide this either: let other media, electronic and printed, have in mind that we will soon be checking their business operations as well. This won’t stop only at Avaz.”

In the reporting period, twenty charges for libel were filed against the newspaper Glas Srpski from Banja Luka (RS).

In the first instance court in Banja Luka, the journalists of Reporter, Perica Vucinic and Zeljko Cvijanovic, were examined upon a request from the District Court of another country (Sremska Mitrovica District Court from the Federal Republic of Yugoslavia!). These journalists were called to account because they had published an allegedly insulting article and photo of (now already former) President of the Federal Republic of Yugoslavia, Slobodan Milosevic.

Death threats again continued to be sent to Zeljko Kopanja, the owner, director and editor-in-chief of the Independent Newspaper from Banja Luka (RS), whose both legs had been amputated after the assassination attempt against him in 1999, when explosive had been planted in his car. Kopanja was the foremost champion of freedom of media in RS, among the first to try to disclose the truth on crimes committed by Serbs during the last war.

Marko Asanin, from the Party of Independent Social Democrats in RS, together with two of his bodyguards, physically assaulted Ljubisa Lazic, journalist of Srpsko Oslobodjenje,.

An anonymous person physically assaulted Antun Kasipovic, journalist and Deputy General Director of Srpski Glas daily in Banja Luka. Bojan Vjestica, activist of the Serb Democratic Party, issued threats to Gordana Katana, correspondent of Oslobodjenje and RTV BH, while the President of the municipal committee of SDS in Doboj, Milan Ninkovic, in an interview for Independent TV station Doboj, issued threats to Azemina Mulahuseinovic, the owner of radio station ZOS and correspondent of Oslobodjenje (according to the information of Help Line for Journalists, the person in question was Azemina Mulahuseinovic, while according to the information of IMC it was Azemina Smailbegovic - in both cases all this was about ZOS radio station).

The IMC fined NTV Doboj because of a comment of its editor-in-chief, Ozren Jorganovic (Serb), in which he spoke of his colleague Smailbegovic (Bosniak) in an utterly insulting and derogatory way.

The Directorate of the Intelligence and Security Service of Republika Srpska warned that would institute criminal proceedings against the editor-in-chief of Reporter, Perica Vucinic. The Prime Minister of Republika Srpska, Milorad Dodik, in his interview for the newspaper Blic from Belgrade (Federal Republic of Yugoslavia) singled out the journalists of Reporter, daily based in Banja Luka, as journalists who ”write untruths, thanks to their frequents visits to Sarajevo, and who obtain information exclusively from the circles that are against Republika Srpska”. On that occasion, Dodik implicated that it would be right for all the «patriots» to force a showdown with the editors and journalists of Reporter. Threats and attacks on the editorial staff and journalists of Reporter continue, and for that reason this paper again addressed the Helsinki Committee for Human Rights in BH, announcing that, in spite of everything, they will continue in their fight for truth. What irritated Dodik were the articles on corruption. The then Minister of Information in the Government of RS, Rajko Vasic (who resigned in the meantime) issued threats to journalists because of their allegedly false reporting.

Hasan Hadzic, journalist of independent weekly paper Dani from Tuzla, was forced to leave his apartment and move with his family to a safer place, because of many phone threats and sudden appearance of unknown persons in the vicinity of his family house, and also because of the failure of police to react properly. Hadzic received threats after a series of articles on the discharged of Minister of Work, Social Policy and Refugees in the Government of Tuzla Canton, Adib Djozic.

Fatmir Alispahic, journalist, also received threats from a moving car in Tuzla, after publishing the article “Terror-stricken Democracy” about the incidents provoked in that city by Islamic extremists of the Wahhabi sect. Alispahic claims that it was the Wahhabites who issued threats to him.

A morbid assault against an eleven years old boy, Davorin Sekulic, took place in community of Solin in Tuzla. After the classes, he was beaten up by about ten boys of same age, who were forcing him to declare himself as either Serb or Croat, and threatened that they would kill him next time. Davorin is a son of Marinko Sekulic, reporter of Deutsche Welle Radio, who has been living in Tuzla for more than five years as a displaced person from Srebrenica. According to Marinko Sekulic, the leader of the group of boys who beat up his son was a son of the local imam Saletovic.

Radio Hayat in Tuzla (F BiH) received an anonymous letter with Serb and Croat nazi-fascist symbols, which contained threats that the radio station will be blown up and that two journalists of this house will have their throats slit because they broadcast programmes of Bosniak-Muslim character.

Independent TNT Radio from Travnik (BH F) received several anonymous telephone calls and letters in which the station was accused of being an “ustasha media outlet” (ustashas are Croatian nazi-fascists - author’s note); this indicates that accusations and threats came from Bosniak extremists. While conducting a poll, a journalist of this radio was physically and verbally assaulted in the very centre of the city.

The editor-in-chief of Sarajevo magazine “AS” again addressed the Helsinki Committee for help because of the repeated assaults of Nasir Curic-Haka, who calls himself the best debt enforcer, against Ada Lopara, correspondent of this magazine from Travnik, and her family. The articles in “AS” showed Curic to be in connection with the Minister of the Police of Central Bosnia canton Midhat Zubaca.

Ademir Jerkovic, adviser in the cabinet of the member of the BiH Presidency Halid Genjac, Bosniak (SDA) representative in this body, on several occasions pressurised Emir Felic, journalist of the BiH PRESS news agency, demanding from him to interpret official statements and releases in such a way as if they were coming from Jerkovic himself, which Felic refused. At one point, Felic even thought of leaving journalism because of this.

Certain M. Dz. from Sarajevo twice invaded the premises of Radio Kalman, issuing threats to the employees. The police arrested him.

An owner of a catering establishment physically assaulted a newsvendor of “Front Slobode” in the centre of Tuzla, shouting insults and threats. The passers-by intervened and prevented the incident from turning into one with more serious consequences.

RTV Mostar and its Director Alija Behram are now daily flooded with threats, after HDZ accused them of being responsible for the fact that the Election Appellate Sub-Commission had put a ban on a promotional video of HDZ.

An unidentified perpetrator broke into the premises of Radio Hayat in Mostar (BH F) and left a hand grenade on the desk of the director of this radio-station, Alija Lizde. In all probability, this was a sign of warning to stop broadcasting a documentary serial about internment camps in the territory which had been under the control of the Croatian Democratic Union and Croatian Council of Defence and in which Bosniaks had been detained during the war.

Bosniak Amela Rebac, woman-editor-in-chief of Radio 88 in Mostar, which gathers a multi-ethnic team of journalists, is receiving threatening phone calls every day.

In Stolac (F BiH), during a visit of the representatives of the International Peace Mission, a journalist of RTV Mostar and correspondent of OBN, Sanel Kajan, Bosniak, was physically and verbally assaulted by a Croatian extremist.

In Livno (F BiH), town where Croatian Democratic Union (HDZ) is in power, one day there appeared threatening leaflets, accusing Frano Mioc, the editor-in-chief of “Studio N” and Zeljka Mihaljevic, one of its journalists, of being “miserable mercenaries, who work exclusively for the sake of money, spitting and vomiting on everything that represents Croat legal authorities in Livno”. What particularly raises concern is the reaction of the government of Livno canton, which declared that it was maybe the journalists themselves who had written the pamphlet in order to draw attention and to win favour of those who advocate for freedom of media.

It is devastating that the major part of perpetrators and persons issuing orders for assaults against journalists and media houses are still out of reach of justice and law. According to the information of OSCE, which established a Help-Line for assistance and protection of journalists’ rights, out of 132 registered cases of assaults, even 35,5 percent (49) related to the government and other public officials, and 5 percent (7) cases related to the police. There were allegedly 20,3 percent (28 cases) of unknown perpetrators, and there were only 20,3 percent (28) cases without political background.

The Association of Electronic Media of Bosnia and Herzegovina (AEM BH) carried out a public survey on pressures among its members. As for the threatening telephone calls, out of 116 members, 86 of them either did not answer the question or stated that there were no pressures against them. 30 RTV stations received 733 threatening telephone calls. As for the threatening letters, out of 116 members, 99 of them either did not answer or there stated that there were no pressures of this kind against them. 17 RTV stations received 117 threatening letters.

During the round-table organised by IREX ProMedia, Zeljko Kopanja, director and editor-in-chief of Nezavisne novine, stated among else, that the perpetrator of assassination attempt against him was identified by the police and residing in the neighbouring state, but that this was something that the police in RS continuously kept silent about.

On the same occasion, Zorica Petkovic, woman editor of Radio Osvit from Zvornik (RS) said that charges against 14 people who took part in demolishing this independent radio station had been raised a year before, without the trial ever commencing as yet. During one of pre-trial questioning sessions, Petkovic met with sneers on the part of those present, including some court representatives.

Ismet Bajramovic Celo was fined with 60 DEM for breaking into the editorial office of Dani and threatening the staff with a gun (a toy gun, as it was found out later).

As a positive example of the attitude of the police we mention here two meetings of the Ministry of Interior of the Canton of Sarajevo, Ismet Dahic, with the leaders of the Helsinki Committee for Human Rights in BiH. The subject matter discussed was provision of efficient protection to media and journalists.

In the reporting period, an instance of something unseen before occurred: an under-age hacker sent more than 8,000 electronic messages in one day to Radio “Osvit” from Zvornik. This blocked the functioning of e-mail in this radio station.

The event when an armed man broke into the studio of TV D in Doboj (RS) on 18 March, issuing threats to the guests of the show was a first signal of rising pressure on media and journalists during the spring and autumn election campaigns. According to the findings of the Helsinki Committee for Human Rights in BiH and the OSCE Mission to BiH, number of threats to journalists and media doubled in comparison with summer and autumn 1999 figures; in May and June 2000 the number was even quadrupled.

Special monitoring undertaken by the Helsinki Committee for Human Rights in BiH, during which the behaviour of media in the pre-election times was closely observed, has shown that the public media for major part worked in accordance with the Rules and Regulations of the Provisional Election Commission (PEC) and the Rules of the Independent Media Commission (IMC). However, it was obvious that editorial policy was under pressure of political, particularly the ruling national (i.e. ethnically-oriented) parties, due to which some media asked for help and protection from IMC and OSCE. On the other hand, IMC punished some media outlets for being partial. IMC sanctioned the media under the control of the Serb Democratic Party and the Serb Radical Party (Radio Doboj, Radio Srpsko Sarajevo, Radio Srebrenica) and media outlets in service of the Croatian Democratic Union and its extremist satellites (Croatian TV Mostar, Croatian Radio Station Mostar, Croatian Radio TV Herceg-Bosna, Croatian TV Mostar -Oskar Croatian) for violating election rules and Code on Editing RTV programmes during the local and general elections. The Helsinki Committee deems that the major part of media outlets in BiH have, by fairly reporting and commenting during the election campaign, contributed to having general elections this year pass in an atmosphere appropriate to countries of highly developed democracy.

As concerning the behaviour of the leading national parties, SDA and HDZ frequently accused the most influential media houses that they were paid by the international factors, and that they were under the direct command of foreigners and part of the international conspiracy against the national parties. The party leaders particularly accused the independent media of being against “their” own people. SDS, during the campaign, behaved quite discreetly, trying not to irritate the international authorities, in fear that it would otherwise be eliminated from elections and access to power. The Prime Minister of RS, Milorad Dodik, put the most powerful media outlet in Republika Srpska, RTV RS, completely at the service of his own election needs. The leaders of SDA justified their electoral results by “brutal partiality of some media outlets”. Both HDZ and SDS complained about inequitable treatment.

The Helsinki Committee for Human Rights in BiH continuously engages its efforts in criticising the clannishness and inaccessibility of sources of information, and non-transparent work of the bodies of authorities at all the levels, including public enterprises and institutions, which deprive citizens of the right to be informed. Inaccessibility of the sources of information, which also means the lack of responsibility of the authorities toward their electoral body, continuously shows what is the attitude of the authorities toward citizens and their social position. As mentioned earlier, the Helsinki Committee was particularly active in the field of establishment of legal regulations governing the freedom to information. Unfortunately, not even the existing norms and standards in the sphere of public expression and right to information are observed. We will give some examples.

The releases issued after the sessions of the BiH Presidency, which, as a rule, are a task of advisors to the members of collective state bodies, following the principle of rotation, are usually given in corridors, without public-address system and other elementary conditions provided for proper work of journalists, who kneel in front of their interlocutors in order to get out of the way of TV cameramen, who, on their part, also do not have an easy job. In addition to this, the refusal of then Chairman of the Council of Ministers of BiH, Spasoje Tusevljak, to give any information to the journalist of TV Hayat, Kenan Cerimagic, about the costs of the trip to the Olympic Games in Sydney (although it was financed from the budget) speaks of the arrogance the highest officials show toward journalists, and therefore toward the public in general.

The crew of Liberty TV, which intended to make a television broadcast about Bosniak returnees into the village of Suceska near Srebrenica had first to ask for permission from the Minister of Information in Republika Srpska, Rajko Vasic. They claim that after obtaining the approval they had to pay 50 KM (DEM). A TV crew ATV from Banja Luka also paid 50 KM for permission to take pictures of a border crossing with the Federal Republic of Yugoslavia. These procedures are striking examples of disrespect for the right to freedom of information, which implies free access of journalists and media crews to places and events without obligation to obtain any permission from the state administration. Indeed, the Resolutions of the European Ministerial Conference (from 1994 and 1996) read, among else, that even in the situations of conflicts and tensions the work of journalists and freedom of press should not depend on credentials obtained.

The leaders of the religious communities continue to insist on their special position in respect to the right of the public to demand transparency of work from all public factors. After the Archbishop of Vrhbosna, the Cardinal Vinko Puljic, had involved himself in pre-electoral activities and sided with the retrograde political platform of the Croatian Democratic Union and the unlawfully held “referendum” of Croatian people in BiH on the very day of general elections, the media and journalists who dared criticise that act were condemned by persons from Cardinal’s environment. The Islamic community (IZ) demonstrated its aversion to public openness of their work, especially on the occasion when the chief imam of Tuzla, Muhamed effendi Lugavic, was discharged by the Islamic community. This event astonished the democratic public in Tuzla and in wider region, particularly since ef. Lugavic was an unrelenting fighter for religious and ethnic tolerance. Upon the invitation sent to the representatives of the office of Mufti of Tuzla to participate in a public debate on this issue, there came a reply signed by Husein effendi Kavazovic which read: “I consider your invitation as an interference of journalists and media with the competences and the work of the Islamic community regarding its duties and decision-making processes. No public debate announced on this topic could be a forum to discuss its work, procedures and decisions”.

STATUS AND SELF-ORGANISATION OF MEDIA

The status of the media was the product of the absence of legal regulations that would govern this area, frequent disrespect for elementary rights and freedoms in the sphere of public word by the bodies of authorities and other public protagonists, interventions of the international peace mission, depressing economic situation and poor purchasing power of the population. A large number of media outlets, particularly at the local levels, is under the direct control of the ruling national parties and depends on municipal and cantonal budget. All this contributes to narrowing the freedom of opinion and expression and to self-censorship of journalists.

The Helsinki Committee for Human Rights in BiH expressed on several occasions its dissatisfaction with the tempo of transformation of Radio and TV broadcasting system, as the most mass-oriented and influential media complex, into public broadcasting services at the level of the state and at the level of the entities. The restructuring of RTV BiH was delayed with no justifiable reason, with international factors directly contributing to such situation. To boot, not a single one among the RTV houses has forces capable of taking upon themselves the process of transformation. The High Representative, Wolfgang Petritsch, as late as end-October passed a decision whereby by a framework for a system of public RTV broadcasting was established. Under this decision, PBS (Public Broadcasting Service) at the level of BH, RTV of the BiH Federation and RTV of Republika Srpska were established as the three key broadcasters. All three systems should operate in the best interest of the citizens of BiH, based on a principle of professionalism and economic sustainability, and should be financed in a transparent manner.

PBS is in its trial period, and its most successful action last year took place during the Summer Olympic Games in Sydney, when RTV BiH and RTV RS crews worked jointly on producing the Olympics broadcasting programmes, transmitted by all three broadcasters. During the year, RTV (of the Federation of) BiH, due to its unclear status and inconsistent activities of the international factors, suffered blows in terms of its financing, organisation and staffing, which adversely affected the quality of its programme. In its programming and editorial policy, RTV RS formed a more correct attitude toward Bosnia and Herzegovina and its overall problems. Yet, it was evident that that the news programme of this house was under the command of the Prime Minister of RS, Milorad Dodik. The High Representative intervened, eliminating the provisions from the Law on RTV in RS which were in violation of the European standards in this field. The name was also changed - instead of Serbian Radio TV it is now called Radio TV of Republika Srpska.

At the end of the year, the Independent Media Commission (IMC) invited tenders for long-term licenses to radio and television stations in BH, by regions. The citizens were given a possibility to submit their comments on the programmes of RTV broadcasting stations.

IMC refused to grant a long-term work license to Bosniak Radio Television International, house under the control of SDA. Indeed, the IMC identified the BRT Int. as an institution with special domestic and foreign sources of financing. The decision provoked contradictory reactions of professional associations and in public. As BRT Int. was refusing to comply with the IMC’s decision, its broadcasting was stopped by means of technical intervention.

During the year, the IMC was forced to impose a number of penalties on broadcasting stations in BiH, particularly for not respecting the Code on Editing of Programmes of broadcasting stations. Those who most frequently breached the Code were the media outlets in the territory of Republika Srpska and those under the control of the Croatian Democratic Union. Thus, Kanal S TV station (RS) had to suspend its broadcasting for two months because it had broadcast the American film “Lolita” without copyright license and also because of repeated breaches of the Code. But, from the point of view of programming and editorial policies and their impact on public, far more serious breaches of the Code by Kanal S were those that were sanctioned because of Kanal S’ having broadcast the programmes that distorted the truth on war crimes, instigated ethnic hatred and called for revenge. IMC also fined the radio station Bratunac because of its broadcasting an appeal of the Association of War Veterans from Bratunac, addressed to Serbs, inviting them to protest against the visits of Bosniak displaced persons to their homes. During the protests that followed this appeal, several returnees were injured. In the period observed, IMC did not impose penalties on RTV stations under the control of HDZ for broadcasts provoking ethnic hatred and calling for revenge. However, it should be noted here that these stations were sanctioned several times in in connection with the local and general elections, because of their propaganda in favour of HDZ and its allies and to the detriment of the rights of other parties in the election period. In connection to this, we have to remind that the election campaign of HDZ, particularly during the November elections, took an extremely negative stand toward the BiH Federation, Dayton Accords and the International Peace Mission, producing messages aimed at instigating ethnic intolerance and exclusion of other peoples. The IMC also punished FERN radio station (based in Sarajevo) because of its broadcasting the Islamic prayer to God “Allah-u-ekber” during a broadcast of church music on the day of the Orthodox Easter holiday. We have to mention also that the radio station Kalman (Sarajevo) was warned because of frequent calls to the families of shehids (families of killed Bosniak Muslim soldiers) to prevent eviction of one shehid family. In addition, the RTV of Una-Sana Canton, where SDA is a dominant party, was penalised because of a contact show about war crimes committed during the war, during which revengeful feelings were instigated.

Negative influence of the authorities on the situation in the sphere of public information reflects in the economic domain as well. Namely, in the situation where industrial production is minimal, market reduced and the purchasing power of the population diminished - the entity governments imposed such taxes on media that put in question their survival. Thus, in September, in the BiH Federation, a tax rate of 12 percent was imposed on the sale of dailies, weeklies, periodicals and magazines. It is paradoxical that foreign newspapers and periodicals, therefore also including those coming from the same language area (Croatia and Federal Republic of Yugoslavia), were exempt from the tax, whereby the domestic media were brought in an unequal position.

The Prime Minister and Deputy Prime Minister of the BiH Federation, Edhem Bicakcic and Dragan Covic, when asked by the Federation Ombudsmen to explain the decision on the tax rates said that they had to comply with the request of the World Bank and the International Monetary Fund (IMC). However, the representatives of these two institutions claim that they “exclusively insisted on general taxation policy principles, i.e. that they neither mentioned nor asked for taxes to be imposed or increased”. The Helsinki Committee supported the BiH Federation Ombudsmen in their demand that tax on sale of daily newspapers be completely abolished, and that the tax on weeklies and periodicals be reduced to 5-6 percent. The associations of journalists demanded the same.

It is not realistic to expect that about 80 television and about 200 radio stations in BiH will all survive. As many as 25 radio and TV stations could not afford to pay 1,000 KM (DEM) to IMC for provisional broadcasting licenses. The system of long-term licenses will by itself reduce the number of stations, while the logic of the free market will decide what will happen with the remaining ones. To speak the truth, some RTV houses will succeed in surviving thanks to their political obedience.

A special problem is the question of privatisation of media. The public applauded the privatisation of Oslobodjenje, in which the management and the employees became the majority owners both of the paper and the company; however, this house is far from stabilising its financial situation. The process of capital re-equipment offers some hope, but internal efforts are needed to bring about a radical change in the market position of the newspaper as such and the company as whole. The real ambiguities appeared in connection to the privatisation of Vecernje novine (Evening Newspaper), the major owner of which became Irfan Ljevakovic, former member of the Agency for Information and Documentation (AID) – secret service under the control of the Party of Democratic Action. Legal and economic irregularities in the privatisation of this media were revealed when the name of the paper was changed into Jutarnje novine (Morning Newspaper) in order to avoid the payment of enormous financial obligations that had been created prior to the privatisation on the basis of the paper’s prize competition.

The factionalism of the press market is caused primarily by the policy of the ruling structures, although as of recently there are wider possibilities for purchase of newspapers from “the other” entity, particularly when speaking of the bigger cities. Even five years after the signing of the Dayton Agreement, in the majority of the municipalities of the Livno Canton, controlled by HDZ, it is impossible to buy dailies published in Sarajevo and Banja Luka. It is possible to find Oslobodjenje and Dnevni avaz in Livno, but not in Drvar, Bosansko Grahovo, Kupres and Tomislavgrad. The good news is that the programme of RTV BiH can be seen in this area from November.

Political war is being waged in the sphere of electronic media as well. There is a characteristic case of closing down the Velika Kladusa radio station on September 25^th following the decision of the Board of Directors of the public enterprise RTV of Una-Sana Canton to exclude that station from their organization. The cantonal government had nothing in essence against this decision, giving away the equipment of the “banished” Velika Kladusa radio station without any compensation in return. On the basis of the decision of the Board of Directors of RTV Una-Sana Canton eight employees of the radio station remained without a job and went on strike, upon which the cantonal government asked that this decision be reconsidered in order that the journalists and technicians be not the only victims in this case. Doubts are, making the situation even more complex, that the intention behind exclusion of the Velika Kladusa radio station is to revive the former RTV Velkaton, which had been a powerful weapon in the arms of the former power-wielder Fikret Abdic. It is obvious that this is a media expression of the political struggle between the Party of Democratic Action and the Abdic’s Democratic People’s Community.

There were strikes in other media as well. Thus, seven journalists of radio Buzim (BH F) went on hunger strike because their founder, the municipality of Buzim, owed them 23 unpaid salaries. The municipal authorities used the salaries to blackmail the radio station because they were not satisfied with its editorial policy. The employees of radio Kljuc also went on hunger strike, because the founder, the municipality of Kljuc, for two years had been neglecting to fulfil its obligations toward this media outlet. The threats of journalists and other editorial staff of the daily Oslobodjenje that they will go on hunger strike proved effective, and after that they finally started receiving their pays and dues. The problem of failure to pay the salaries and contributions is a general problem facing the journalists and other media workers in BH, and the above were only the examples of the situation. Seven experienced and renowned journalists of RTV BiH protested in public because they were badly treated by this media outlet, where the management did not duly acknowledge their professional qualities and labour rights. It happened at the time when the editor-in-chief was Senad Hadzifejzovic, who, after having been removed from duty, with an explanation that his resignation had been accepted, himself also announced filing suit against the management of RTV BH. The international factors accepted his removal.

The difficult position in which the public media and media workers are is also the consequence of poor level of their self-organisation. As many as five journalists’ associations were established; the tendency of journalists to organise along the entity and ethnic lines played a role in this. The lack of the solidarity among the journalists also leads to quarrelling in public between independent media themselves, as was the case with editorial boards and editors-in-chief of Slobodna Bosna and Dani. Several court actions were instituted, based on disputes among journalists.

The imposition of ethnic divisions among journalists and media blocked for a long time the setting up of the Council for Press as an important body for self-regulation of media, the role of which would be to promote journalist ethics and professional standards, to defend the freedom of media and to monitor the implementation of the Press Code. After eight months of painful negotiations, the Council for Press was established thanks primarily to international factors.

The trade union of BH, which started ambitiously, now shows no signs of existence at all. The trade union of RTV BiH is active, but it is out of the trade union at the BiH level. The trade union of RTV BiH is trying to be an equal partner in the transformation of this house, but is being reproached for uncritically siding the external mediators in the process to the detriment of the employees. Moreover, this trade union opposed the Decision of the High Representative on constituting the RTV BiH F on 15 January 2001 (whereby RTV BiH would actually cease to exist), because it was not involved in this key phase of transformation of RTV BH. Lately, there is an active trade union organisation in Oslobodjenje, which might contribute to the rehabilitation of this firm and to the reaffirming of the status of journalists and other editorial staff in this house.

As a sign of support to the freedom of media in BiH and in wider region, there was a World Congress of Journalists held in Sarajevo, in which about 180 journalists representing about 60 media outlets from 18 countries took part. Unfortunately, the Congress and the accompanying events did not prove a motive strong enough for representatives of domestic media to take a more active part in this, otherwise successful, gathering.

The Helsinki Committee for Human Rights in BiH points out that in spite of the above difficulties, there is an on-going process moving toward developing media in line with the criteria of contemporary democracies. The last year has shown that we also have media which are close to the parameters of European journalism. On this occasion we particularly emphasise two new qualities that have appeared in the domain of written press – the fact that Nezavisne novine, by its contents, and even by the composition of its editorial and journalist staff, are increasingly becoming an independent bosnian-and-herzegovinian newspaper which operates along the principles of research journalism and democratic ideas, and the emancipation of Dnevni avaz, which should be supported in its attempts to promote its own editorial and strategic concept. It would be important were Oslobodjenje to make more radical moves in its transformation, which would enable this progenitor of independent journalism in BiH to spread its influence in a more profound manner.

CONCLUSION

The situation in media, as shown in this analytical report, indicates that it is necessary to undertake a number of actions in 2001 in order to make substantial improvements in this field, which is of a vital importance for the process of normalisation and democratisation in BH. It is important, in the first place, to complete the legal framework in relation to media picture in BH, in order that the activities of media attain the highest professional and democratic standards and in order to protect and develop the freedom of public expression. It is also necessary legally to regulate the status and protection of journalists and other media workers in terms of their relations with founders and employers.

Finally, it is necessary to complete the transformation of the public broadcasting system in BH, as a potentially a key protagonist in the provision of objective information in the entire territory of the country and in the creation of a critical social-mindedness as an important factor in the peace process and development of democracy. It is necessary to initiate a new action aimed at self-organisation of journalists and other media workers and self-organisation of media. It is also necessary rapidly to create conditions for media to disengage themselves from political manipulation and to reduce the intervening role in the organisation of international factors.

The Helsinki Committee for Human Rights in BH, together with representatives of media and their associations and other non-governmental organisations and international associations, will be always an active factor in advancing the situation in this field of crucial importance for promotion and protection of human rights and freedoms.

No.: 29A -01/2001