February 12, 1999

To
Mr Hubert Vedrine, French Foreign Minister
Ambassador Stanislas Filliol Cc: Contact Group member countries
British Foreign Secretary Robin Cook
US Secretary of State Madeleine Albright
Russian Foreign Minister Igor Ivanov
German Foreign Minister Joschka Fischer
Italian Foreign Minister Lamberto Dini
EU Special Envoy Wolfgang Petritsch
US Special Envoy Christopher Hill
Russian Envoy Boris Mayorskiy
OSCE Chairman-In-Office Knut Vollebaek
OSCE Representative on the Freedom of the Media Freimut Duve
Head of OSCE Kosovo Verification Mission William Walker

From International Committee to Protect Independent Media
        in Federal Republic of Yugoslavia -- Free200

Dear Mr Vedrine, Ambassador Filliol,

Free2000, an international coalition of human rights and media freedomorganizations working on press freedom in Yugoslavia, would like to presentyou with its recommendations to the Contact Group regarding the media inthe Kosovo interim accord being discussed this week in Rambouillet, France.

The January 27 draft of the Kosovo agreement contains a paragraph on themedia under the section on Confidence Building Measures. But Free2000 isconcerned that it is far too weak to ensure the protection of journalistsand the independent media in Kosovo, which is a fundamental prerequisitefor a lasting solution to the crisis. One proposal being considered -- thecreation of Albanian- and Serbian-language radio and television stationsrun by the Organization for Security and Cooperation in Europe (OSCE) --would seriously harm the independent media in Kosovo by divertinginternational material and technical support from the indigenous radiostations that already exist in Kosovo, as well as by drawing away theregion's best trained journalists. If maintained, this approach by theinternational community would stymie the growth of independent media inKosovo, as well as in the rest of Serbia.

Under Section IV of the draft, The Rights and Duties of NationalCommunities and Their Members, Kosovo's "national communities" areguaranteed at least one radio and television frequency. Such a guaranteedoes not clarify who in each national community would get a frequency and,thus, is not helpful to the independent media in the province.

Lastly, the Contact Group countries, in any future Rambouillet accord andin their wider Yugoslav policy, should actively promote the development ofthe independent media in other parts of Serbia and Montenegro, since thelack of objective information about the Kosovo conflict seriously impedes apeaceful resolution to the crisis. As during the wars in Bosnia andCroatia, the biased hate speech of the state-run press and television (RTS)has encouraged violence and severly damaged inter-ethnic relations. Noconcessions should be granted to the Serbian or Yugoslav governments untilthey guarantees full respect for freedom of expression and freedom of thepress, especially an immediate revocation of the Serbian Law on Informationand the granting of broadcast licenses to independent radio and televisionstations in a non-political manner.

Free2000 recommends the following guidelines to ensure the development ofthe independent media in Kosovo:

The future governing bodies of Kosovo, as determined in the Rambouilletaccord, should be obliged to create conditions, including an appropriatelegal framework, conducive to the development of a free and independentmedia in accordance with international standards. Media laws andregulations should be drafted in full consultation with journalistorganizations and the independent media in Kosovo, as well as with therelevant international institutions (Council of Europe, UN and OSCE). Theyshould recognize the fundamental principles of freedom of expression, freeaccess to information, and free exercise of journalism.

The future governing bodies of Kosovo should pass and implement newlegislation and regulations governing the broadcast media in Kosovo so thatradio and television frequencies are allocated without consideration forpolitical content.

Aggrieved journalists and media organizations should be able appeal to theombudsman, as envisaged in the January 27 draft, who would be empowered toundertake measures within his or her competencies to guarantee full respectfor freedom of the press.

Before the governing bodies of Kosovo are elected, the OSCE's KosovoVerification Mission (KVM) should promulgate such rules as may be necessaryto ensure the flourishing of independent media in keeping withinternational standards, including the allocation of radio and televisionfrequencies based on professional criteria and the free circulation ofmedia. Such rules should be established in full consultation withjournalist organizations and the independent media in Kosovo and the restof Serbia.

The KVM, or an independent media monitoring organization, should bemandated to monitor the media in Kosovo and the rest of Yugoslavia in orderto protect and promote the free circulation of independent information.Media monitors would document and report publicly on any media restrictionsimposed by the authorities in Kosovo and the rest of Yugoslavia, as well asmonitor and report on the use of hate speech by all media outlets,especially the state-run press and television.

The Serbian authorities promise to return to the future Kosovo authoritiesthe media frequencies and facilities, such as the Rilindja publishing houseand Radio Television Prishtina, that were taken over in 1989.

Regarding the development of independent media in the rest of Serbia andYugoslavia, Free2000 recommends:

The Serbian and Yugoslav governments should immediately prepare new medialaws and regulations, in full consultation with journalist organizationsand the independent media throughout Yugoslavia, as well as with therelevant international institutions, that guarantee freedom of expressionin the print and broadcast media. Concrete changes in the Serbian Law onRadio Television, the Serbian Law on Communication Systems, the SerbianLaws on Public Information, the Federal Law on Communication Systems, andthe Federal Law on Public Information should guarantee that broadcastlicenses, satellite link-ups, and Internet connections are distributed andregulated by an independent body without regard to political considerations.

Until a new series of federal and republic laws are introduced, the Serbianand Yugoslav governments will permit all currently licensed and allunlicensed but currently operating, radio and television stations tobroadcast without interference in Kosovo and the rest of Yugoslavia. Noregulation of the airwaves should take place until Yugoslavia has a new setof media laws and regulations that guarantee free expression in accordancewith international standards.

The Serbian government must agree to immediately revoke the Serbian Law onPublic Information, which is in contradiction to the Serbian constitutionand international standards that safeguard freedom of the press. Allindividual verdicts passed under the current Law on Information should beoverturned. Journalists and media organizations that suffered financialdamage as a result of the law should be recompensated in full by thegovernment.

The Federal Ministry of Telecommunications should decide as soon aspossible on the completed applications for frequencies that were submittedunder the tender called by the ministry in February 1998. The ministryshould grant licenses to all stations that fulfil the technicalrequirements, particularly those stations that are currently paying fees tothe ministry for frequencies that they have not yet been granted.

The fees for television and radio frequencies should be either completelyabolished or significantly lowered to allow for the normal functioning oflocal radio and television stations.

Should there be an agreement on Kosovo at Rambouillet, the internationalcommunity should not grant any concessions to the Serbian or Yugoslavgovernments until the conditions have been established in Kosovo and therest of Yugoslavia for a free and democratic society, including a free media.

For Free2000:

• Steve BuckleyAMARC -- World Association of Community Radio Broadcasters
• Fiona HarrisonArticle 19
• Ann CooperCommittee to Protect Journalists
• Fred AbrahamsHuman Rights Watch
• Bettina PetersInternational Federation of Journalists
• Johann FritzInternational Press Institute
• Jelena PejicLawyers Committee for Human Rights
• Roland BrunnerMedienhilfe Ex-Jugoslawien
• Paul StaalPress Now
• Ann-Marie BostromSwedish Helsinki Committee
• Veran MaticAssociation of Independent Electronic Media in FR Yugoslavia (ANEM)
• Goran GeorgijevHumanitarian Law Center
• Milos VasicThe Independent Association of Journalists of Serbia (NUNS)

For further information contact: Miloš Zivkovic, 381 63 25 2227or misibgd@opennet.org

Free2000 - The International Committee to Protect Independent Media in theFederal Republic of Yugoslavia. The committee was established in August 1998 to promote an atmosphere offree media in the FR of Yugoslavia by the year 2000. Further informationon the committee and its activites at: http://www.free2000.opennet.org