Letters and protests / part III

• ANEM ANNOUNCEMENT - ADVANCED FORMS OF REPRESSION, May 24, 1998

• INFORMATION FOR MEDIA - ACTIVITIES OF RADIO B92, May 25, 1998

• AN INITIATIVE FOR ESTIMATION OF CONSTITUTIONAL BASIS AND LEGALITY

ANEM ANNOUNCEMENT - ADVANCED FORMS OF REPRESSION, May 24, 1998

MINISTRY OF TELECOMMUNICATIONS STARTED SENDING INDIVIDUAL ANSWERS TO MEMBERS OF ANEM ABOUT REASONS WHY THEY WERE NOT ALLOCATED TEMPORARY BROADCASTING LICENCES

Association of Independent Electronic Media (ANEM) informs the public that some of its members received letters from Yugoslav Ministry of Telecommunications related to documentation allegedly missing from original applications for frequencies submitted by those ANEM members. Stations must complete "their construction documentation related to working rooms" i.e. broadcasting studios, as well as documentation about construction of transmitters and antenna systems. Members of ANEM, according to verbal instructions received from the Ministry, had already submitted required construction documentation about the studios, and this documentation is not different from the ones submitted by stations which were allocated broadcasting licences. However, now for the first time documentation on construction of transmitters and antenna systems is mentioned as necessary, although the stations had originally been told that such documentation would not be required for the competition. Since this kind of documentation takes lot of time and money to be prepared, as well as prior approvals and verifications from relevant municipal and city government organs, it is obvious that the Ministry did not select this "construction aspect" at random choice or by chance as a formal cover for refusal of stations, and the Ministry counts on the fact that it would be very difficult or even impossible for stations to meet such demands within such a short deadline left. This particularly goes for necessary prior approvals which stations must obtain from other government organs.

ANEM strongly protests against the fact that the Ministry of Telecommunication immediately after the announcement of the Public Bid did not publish an official, clear, detailed and precise specification of documentation which was required for participation in the Bid, and against the fact that the Ministry gave wrong verbal explanations to interested stations by saying that documentation about construction of transmitters and antenna systems would not be required. Also, ANEM already stressed the fact that stations were unable to influence timely issuing of construction licences by relevant municipal and city government organs i.e. that production of timely and proper construction documentation directly depends on work of a number of state organs, not the stations themselves or their actions.

Members of ANEM will - within deadline of 30 days, for which we think should be counted from the day when each of the stations received precise individual explanation from the Ministry about necessary documentation missing - intend to deliver to the Ministry all required documents about construction of transmitters and antenna systems (construction documentation or a contract about business cooperation with current owner of a transmitter). ANEM calls on all local state organs in municipalities and towns, which are in charge for issuing of necessary construction documentation, to issue that documentation to the stations in an urgent and efficient procedure. The stations which will be unable to provide construction licences or other documentation within new deadline of 30 days - because compilation of necessary documentation takes whole series of procedures which in total always takes much more time than 30 days - will inform the Ministry of Telecommunications that procedure at relevant local municipal or city government organ is ongoing and they will demand prolonged deadline from the Ministry.

This kind of work by the Ministry of Telecommunications and its deliberate misinformation of the interested stations represent another act in the series of actions aimed to make the grant of broadcasting licences to members of ANEM very difficult or even impossible. If demands of ANEM are definitely refused, it will start legal procedures at Yugoslav Federal Court of Law and demand court protection against the illegal actions and decisions of the Ministry of Telecommunications. ANEM and all its members will continue comprehensive action for protection of their legitimate rights to work and for freedom of electronic media in general.

On behalf of ANEM, Veran Matic , Chairman

INFORMATION FOR MEDIA - ACTIVITIES OF RADIO B92, May 25, 1998

Boris Yeltsin today in Moscow opened 47th general assembly and the Congress of International Press Institute, on ceremony held in Kremlin, with more than 500 participants from 93 countries. In his speech, President Yeltsin paid homage to all journalists who were killed while they were doing their professional reports. He condemned nationalism, chauvinism and racism which were most frequent causes of wars and he stressed an important role that media could play in resolution of conflicts, but he also stressed negative role of media in fermenting of conflicts. On behalf of the International Press Institute, President Ezen Roberts and Director Johann Fritz addressed the participants. Conference includes participation of most important representatives from Russian and world media as well as politicians Boris Berezovski, Yegor Gaidar, Evgeny Primakov, Adam Mihnik, Violeta Camoro (former Nicaraguan President), Yuri Luzkov (Mayor of Moscow), Aidan White, Secretary General of International Federation of Journalists, Viktor Chernomirdin, Genady Zuganov, Marrie Robertson, High Commissioner for Human Rights, and Sergei Kyrienko, Russian Prime Minister. The only participant from Yugoslavia, General Manager of Radio B92, Sasa Mirkovic, on closing ceremony will receive annual award "Pioneers of Free Media '98", given to Radio B92 for ist merits in protection of free speech and protection of other media in the region of Yugoslavia. General Manager of Radio B92 will use this significant occasion to warn international public about problems that members of the Association of Independent Electronic Media have with Yugoslav government which intends to ban all independent radio and TV stations by depriving them of broadcasting licences and imposing exorbitant fees for use of frequencies. Congress will complete it work on Wednesday, May 27. - Veran Matic, Editor in Chief

 On today's news conference, six largest Yugoslav NGOs in the field of human rights and freedoms signed common initiative for estimation of constitutional basis and legality of introduction of fees for frequencies. ANEM tries to unite work of series of organizations on common basis - defence of universal human rights, in order to make quality, efficient and comprehensive results.

Besides

• network of 32 radio stations connected via satellite

• network of 16 local independent TV stations

• Internet network of media this informal network of NGOs was established and focused on specific problems.

This is a proof that civil scene in Yugoslavia is very dynamic, constantly growing and that it showed more maturity and creativity than political parties did.

FOR FEDERAL CONSTITUTIONAL COURT

Upon Article 124, Paragraph 1, Clause 4, and Article 127, paragraph 1 of Yugoslav constitution, as well as Articles 30 and 31, paragraph 1of the Law on Federal Constitutional Court

we submit

AN INITIATIVE FOR ESTIMATION OF CONSTITUTIONAL BASIS AND LEGALITY

of decision about fees for temporary use of radio frequencies and television channels (Yugoslav Official Gazette no.23, May 8, 1998)

EXPLANATION

With its decision on temporary use of radio frequencies and television channels from April 7, 1998, issued in "Yugoslav Official Gazette" no.23, May 8,1998), Federal government established criteria for definition of monthly fees for temporary use of radio frequencies and television channels for all users which will be allocated radio frequency or TV channel according to the Open Bid of the Federal Ministry of Communication, published in media in February 1998.

Heading of the aforementioned decision says that "the decision was based on Article 9. Cl.4 of Constitution of FR Yugoslavia, in accordance with implementation of the Law on Systems of Connections ("Official Gazette of SFR Yugoslavia" no.41/88, 80/89, 29/90 and " Official Gazette of FRY" no.34/92)."

Besides mistakes in terminology (this Article has no sub-clauses, only sub-paragraphs), this formulation also has an essential flaw. It does not mention any specific Article of the Law on Systems of Connections upon which the decision was made, but it only mentions implementation of that Law and thus tries to create an artificial base for definition of amount for fees required for temporary use of radio frequencies and television channels. Signatories of this initiative think that such fee cannot be defined by a sub-legal act without changing of the Law on Systems of Connections. Constitutional basis of the decision is also unclear, because Article 9 p.4 of Yugoslav constitution was quoted, and it reads: "Freedom and rights of a person and citizen are limited by equal freedom and rights of others, and in cases defined by this constitution. This regulation in the constitution is not directly related to contents of the disputable Decision, therefore ist mentioning has unclear meaning.

Article 115 of Yugoslav constitution says that sublegal acts must be in accordance with the Law for whose implementation those sublegal acts were adopted. It means that sublegal acts and decisions can only develop already existing regulations in relevant laws, and they cannot define any new material or legal elements, especially not when relevant laws do not define possibility for this. The Law on Systems of Connections contains no regulation which leaves space for sublegal aacts or their establishment o further material-legal norms, except for the aspect of implementation of the Law. Therefore, basis for the aforementioned decision is unquestionably illegal.

At the same time, we stress that this decision flagrantly violated constitutional principle of equality, regarding the fact that exorbitant fees are imposed on RTV stations which are allocated temporary frequencies and which thus become inequal to the stations which have permanent frequencies (leases on 10 years defined by republic laws) and which do not pay any fees, although such possibility is defined in Article 5 of the Law on Radio and Television of Serbia ("Serbian Official Gazette" no.48/91) Implementation of the disputable Decision of Yugoslav government would result in violation of freedom of public information, guaranteed by Article 36 of Yugoslav constitution.

Having all this in mind, we

PROPOSE

to Federal Constitutional Court, in terms of Article 30 of the Law on Systems of Connections, to start procedure for estimation of legality and constitutional basis, and after completion of procedure and public discussion, to reach decision that the Decision on fees for temporary use of radio frequencies and television channels (Yugoslav Official Gazette, no.23, May 5, 1998) is not in accordance with the Law on Systems of Connections (SFRY Official Gazette, no.41/88, 80/89, 29/90 and FRY Official Gazette no.34/92), as well as with Yugoslav constitution (Yugoslav Official Gazette no.1/92).

II

At the same time, concerning the amount defined by the disputable Decision, signatories of this initiative think that there is a possibility for infliction of inrreparable damage in the field of public information if the disputable decision is implemented. Signatories think that payment of such high fees may result either in absence of particular stations from competition for the Bid or in putting of particular stations in unfavourable financial situation. In both cases, consequences would mean closure of numerous radio and television stations. Therefore we

PROPOSE

to the Federal Constitutional Court, in terms of Article 132 of Yugoslav constitution, to stop implementation of the decision on fees for temporary use of radio frequencies and television channels until its final decision about this initiative.

INITIATIVE IS BEING SUBMITTED BY:

Humanitarian Rights Foundation, Natasa kandic, Executive Manager

ANEM Association of Independent Electronic Media, Makedonska 34 , Beograd. Veran Matic, Chairman

SPEKTAR Association for Development of Private Broadcasting, Zmaja od nocaja 12/ I, Beograd. Slobodan Djoric, Secretary

NUNS Independent Association of Serbian Journalists, Knez Mihajlova 25/ I. Milos Vasic, Chairman

Helsinki Committee for Human Rights - Serbia, Zmaj Jovina 7, Beograd. Sonja Biserko, Chair

Belgrade Center for Human Rights, Mlatisumina 26, Beograd. Vojin Dimitrijevic, Director

Belgrade, May 26, 1998.

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