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Medienhilfe Ex-Jugoslawien

Professionelle Solidarität gegen Nationalismus und Chauvinismus
Professional solidarity against nationalism and chauvinism

1999 IHF-HR COUNTRY REPORTS ON HUMAN RIGHTS

International Helsinki Federation Human Right Reports
- extracts on Media situation

Bosnia and Herzegovina

Freedom of Expression and the Media

As of late 1999, there were 300 media outlets in BH, 3000 of them electronic and 170 printed. The majority were independently oriented but only had local coverage, which made them less influential. The most powerful media were under the control of the ruling parties. Hate speech decreased due to sanctions issued by the Independent Media Commission (IMC), which was established in 1998 by the HR. The IMC was able to warn, fine, suspend or confiscate the equipment of media outlets that did not abide by the agreed radio and television program code and thus violated the DPA. It also allocated licenses and air frequencies. Simultaneously, however, verbal and physical assaults and pressure on media outlets and journalists increased.

The High Representative also introduced a public system of television broadcasting in BH by transforming Serb RTV into public RTV of RS. This decision also abolished those provisions of the Law on Public RTV of RS that were in blatant violation of European standards. The High Representative’s decision provided for editorial independence, financial transparency and pluralism. The transformation of the former RTV of BH into TV of the Federation BH was planned for the end of 1999. A public RTV station ­ covering all of BH as a public enterprise ­ was also planned.

The IMC suspended broadcasts by the RTV Saint George in RS and a radio station in the HDZ-controlled Mostar for three months due to violations of editorial and program codes and the refusal to pay a fine. TV Channel S, radio station Saint John (RS), radio Serb in Sarajevo, RTV Srebrenica, and radio station Drvar in the HDZ-controlled area were also suspended. All penalties were issued for warmongering and inciting intolerance and hatred. The IMC also fined RTV Herzeg-Bosnia for failing to submit tapes of its programs to the IMC as required. Further, the IMC intervened in illegal broadcastings from Serbia through the transmitters of RTV.

The role of EROTEL, which partly re-broadcast the programs of HRT (public television of Croatia) remained unresolved. High Representative Petritsch intervened to cancel its programs in BH. Other outlets were penalized for irregularities in sending in applications and disregarding the use of frequencies. The IMC issued temporary licenses for the electronic media. 272 radio and television stations, whose provisional licenses were about to expire, were expected to adhere to strict rules in obtaining licenses for 2-5 years.

Also of major importance was the establishment of branch offices of the private independent news agency ONASA in Banja Luka, RS. In addition, Radio 88 in Mostar began operating with international support, with young journalists from both sides of the city.

Harassment of Journalists

In both entities, journalists faced harassment, intimidation and physical assault in an attempt to silence their criticism and promotion of ethnic tolerance.

  • In October, Zeljko Kopanja, director and editor in chief of Nezavisne Novine and NES Radio in Banja Luka (RS), was seriously injured when a bomb exploded under his car: both of his legs had to be amputated. Kopanja had published information about Serb crimes during the war and expressed a tough stance towards the Belgrade regime.
  • On 6 March, a mob attacked and demolished the editorial office, including equipment, of Radio Osvit in Zvornik.
  • Mika Damjanovic Avdo, a freelancer from Orasje (controlled by the HDZ), received death threats from Ivica Benkovic Marsev, the owner of a local company. He warned her not to write about him or his business affairs.
    On the other hand, the Croat Journalist Association strongly protested SFOR action against EROTEL in West Mostar. The SFOR forced their way onto EROTEL premises and arrested 15 employees, forcing them to sign a document allowing the soldiers to take pictures of them. The journalists were held in custody for four hours. SFOR was trying to detect the illegal activities of Croatian secret services in BH and later emphasized that EROTEL was not at the center of such activities.
  • In Gradacac (under SDA control), the local radio station was controlled by the SDA and financed by the municipal budget. As a result, local authorities «previewed» suspicious articles and the head of the economic department demanded that no information on his activities be published without his prior consent.
    Many journalists faced libel charges for their critical reporting. The Helsinki Committee in BH recorded 73 cases of libel or defamation, 95 percent of them against journalists.
  • Senad Avdic, chief editor of the independent weekly Slobodna Bosna, received two suspended prison sentences for criticizing authorities; he was acquitted at the third trial. Nevertheless, police arrested Avdic and held him incommunicado. A total of fifteen criminal charges were brought against Avdic. He was released following the intervention of the then High Representative Westendorp, who demanded in July that cases of libel should be governed by civil law, rather than criminal law, and handled in civil courts.

In November, the post of special assistant for the media at the Office of Federation Ombudsmen was created to collect information on the violations of the rights of journalists and their freedom of movement.

Access to information presented another problem for journalists; the authorities’ attitude towards them was often arrogant, and information was only given to «loyal» reporters.

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