excerpts on Media
Content of this excerpts:
I. SUMMARY AND
RECOMMENDATIONS
Macedonia faces difficulties on several
fronts. As a former member of the Yugoslav federation, the young republic
is in a transition from communism in which it must decentralize its
economy, construct democratic institutions and revitalize its civil
society. These tasks, demanding under any circumstances, have been made
more difficult by Macedonia's proximity to the war in Bosnia. Bloody
conflict in the former Yugoslavia has severely affected the country by
exacerbating inter-ethnic tensions, damaging the economy and threatening
stability in the region. United Nations forces have been deployed in
Macedonia since 1992 to prevent a spill-over of the war.
Despite these obstacles, Macedonia has
taken some important steps toward democratization since declaring its
independence four and a half years ago. Substantive reform has opened the
door to the European institutions and laid the foundation for a
multi-party system based on the rule of law. Human rights are guaranteed
in Macedonia's new constitution and most of the relevant legislation.
Nevertheless, some serious problems remain.
Although human rights principles are encoded in Macedonian law, their
application remains selective and incomplete. This is partially a result
of political and economic pressures in the southern Balkans, as well as of
the country's communist traditions. But at times, the current Macedonian
government has been directly responsible for violating the rights of its
citizens.
The main human rights problem is the
status of national minorities. Macedonia has a vast number of minority
groups, including Albanians, Turks, Roma, Serbs, Macedonian Muslims and
Vlachs, all of whom complain of state discrimination. While some of their
complaints are politically motivated, the Macedonian government has not
done all that it could to provide the minority populations with their
basic rights, especially regarding non-discriminatory treatment in state
employment and minority language education. The government has addressed
some of these problems during the past four years, but the lack of
substantial improvement has contributed to a deterioration in inter-ethnic
relations. By far the largest and most vocal of Macedonia's ethnic
communities is the Albanians, who constitute almost one-quarter of the
population, according to official statistics. Despite some improvements,
Albanians are still grossly underrepresented in the police force and state
administration, even in areas wherethey constitute a majority. A highly
restrictive citizenship law has left stateless some ethnic Albanians with
long-standing ties and family origins in the country.
A major complaint of the ethnic Albanians
concerns higher education in the Albanian language. An attempt in early
1995 to open a private Albanian-language university was deemed illegal by
the state and ordered shut down. The initiative continued nonetheless, and
an Albanian man was killed when police clashed with Albanians on the first
day of classes. The organizers of the university were imprisoned for a
brief period after a trial that failed to meet international standards -
the second such trial against a group of prominent ethnic Albanians in the
past two years.
But minority groups are not the only
victims. All citizens of Macedonia suffer from the country's weak
democratic institutions, immature political parties and economic hardships.
Despite the adoption of democratic legal standards, for example, there are
still many violations of due process in Macedonian courts against all
citizens regardless of their ethnicity. Defendants are sometimes held in
detention for longer than the twenty-four hours allowed by Macedonian law,
submitted to physical abuse, denied access to a lawyer or the right to a
fair trial.
One fundamental problem is the slow pace
of legislative reform. Despite constitutional guarantees, which set time
limits for the revision of important legislation, many of Macedonia's laws
still date from the communist era. The delay has negatively affected the
development of Macedonia's judicial system.
The political opposition has also
complained about mistreatment by the state, including phone-tapping and
police harassment. The main opposition party VMRO-DPMNU boycotted the
second round of parliamentary elections in 1994 to protest what it
considered altered voting lists and an outdated electoral law.
International monitors from the Council of Europe and European Union
reported on these irregularities but declared that they had not been
serious enough to invalidate the election.
Another problem in Macedonia involves freedom
of the press. The state-run company Nova Makadonja still has a
virtual monopoly on printing and distribution, which severely limits the
possibilities for an independent press. In May 1995, the government closed
eighty-eight private radio and television stations, especially some of the
more influential minority stations, allegedly for technical reasons. After
protests, most were allowed to broadcast again.
These human rights problems in Macedonia
are intensified by the country's tenuous economic situation. The little
industry that was based in Yugoslav Macedonia has mostly ground to a halt.
United Nations sanctions against Yugoslavia, in force from May 1993 until
December 1995, and an eighteen-month embargo imposed by Greece cost the
economy an estimated U.S. $4 billion dollarsin lost revenue. This
difficult economic situation places further strains on social relations
within the country, especially between ethnic communities.
The international politics of the southern
Balkans have also taken their toll on the young country. Macedonia's
neighbors, known in Macedonia as "the four wolves," have
exhibited behavior ranging from inhospitable to aggressive. Minority
populations, irredentist movements and hostile neighboring governments all
threaten the very sovereignty of the country. An active nationalist
opposition at home further limits the government's maneuvering room
The international community has recognized
these threats to Macedonia's stability. A United Nations Preventive
Deployment Force (UNPREDEP) and an Organization for Security and
Cooperation in Europe (OSCE) monitoring mission are in Macedonia to
observe and report on the internal and external threats to the country. In
addition to U.N. patrols along the borders, both organizations attempt to
assist the government with the process of democratization and occasionally
mediate between various political forces, and especially ethnic
communities.
The work of these two organizations
reflects the international community's main policy goal in Macedonia:
stability. Both the United States and Europe fear a spread of the war to
Macedonia since the conflict could draw in Greece and possibly Turkey,
both members of NATO, as well as Albania, Serbia and Bulgaria. In the name
of stability, however, both the U.N. and the OSCE tend to defend the
status quo in Macedonia and downplay human rights violations within the
country. Only gentle criticism is directed against a friendly government
that is seen as a stabilizing force.
Indeed, stability in Macedonia is critical
for the Balkans. Already the starting point of two Balkan wars in this
century, a war in Macedonia would have devastating effects for the region
and beyond. But human rights are an integral part of establishing
long-term stability. A lasting peace will only be secured when a
democratic system is in place that guarantees full rights for all citizens.
Despite the difficult circumstances in
which it finds itself, the Macedonian government is ultimately responsible
to respect the fundamental human rights of all its citizens. Clearly,
there are individuals within the government who are trying to achieve this.
But there are still many instances in which the Macedonian government has
not respected individual human rights, as is required by both Macedonian
and international law.
RECOMMENDATIONS
Human Rights Watch/Helsinki calls on
the government of Macedonia to:
- Guarantee all citizens the right to a
fair trial. Macedonian law requires that defendants be informed of the
reason for their arrest within forty-eight hours of their detention
and have access to a lawyer.
- Expedite the process of legislative
reform, as is required under the Macedonian constitution. Of
particular need are new versions of the penal code and laws on civil,
criminal and executive procedure.
- Investigate allegations of police abuse
and improper treatment of those in detention. The government should
prosecute to the fullest extent of the law all officials found to have
used excessive force.
- Establish a permanent structure through
which citizens may file complaints of police misconduct.
- Guarantee that prisoners' rights are
respected in accordance with international law. This includes the
right to be free from torture, cruel or inhuman treatment.
- Assure that members of minority groups
are granted equal rights without discrimination, in accordance with
Macedonian and international law.
- Respect the constitutional right of
minority groups freely to express, foster and develop their identity
and national attributes.
- Allow the formation of private
educational institutions on all levels. This includes adopting the
necessary laws and regulations for the accreditation of private
schools.
- Adopt an affirmative action plan to
recruit more minorities into government positions.
- Continue and expand programs to enlist
police from among Macedonia's ethnic minorities.
- Guarantee that the Council on
Inter-Ethnic Relations address the problems of national minorities in
good faith. Parliament should consider all of the council's proposals,
as is required by law.
- Adopt liberal criteria for citizenship
applicants who lived in Macedonia and considered it their primary
community while it was still part of the former Yugoslavia. The norms
set out in the current citizenship law might more reasonably be
applied to those citizenship applicants who have never resided in
former Yugoslavia or were never citizens of the state.
- Assure that the Law on Citizenship is
applied in a non-discriminatory manner. Avoid arbitrary deprivation or
denial of citizenship and work actively to minimize statelessness in
Macedonia.
- Provide a right of appeal for those
denied citizenship by establishing an impartial, non-partisan and
multi-ethnic review commission.
- Guarantee that diverse viewpoints are
given appropriate access to the state-run media (publications of the
Nova Makedonja company and the state-run television and radio).
- Pass a broadcast law to regulate the
use of radio and television frequencies by private senders. Licences
to private television and radio broadcasters should be distributed in
a non-discriminatory manner without regard to political content.
Private broadcasters should have access to the state's network of
transmitters.
- In the absence of a law on radio
broadcasting, the government should allow all private radio and
television stations currently holding licences from the Ministry of
Information to operate freely.
(...)
III. MINORITY RIGHTS
Since 1991, the Macedonian government has
taken some steps to guarantee the rights of the country's ethnic groups.
Minority groups may be educated on the primary and secondary level in
their native language and, according to a new law on local government,
minority languages are used together with Macedonian in municipalities
with a minority population greater than 50 percent.15
Despite these achievements, non-ethnic
Macedonians are still discriminated against in some key areas, such as
state employment and education. While the government has addressed some of
these problems in recent years, the lack of improvement in many areas has
contributed to a deterioration in inter-ethnic relations.
The fundamental question is whether
Macedonia will become a national or civic state, that is, a state
dominated by ethnic Macedonians - as is the trend in the Balkans today -
or a state for all citizens regardless of ethnicity. The new constitution
has been criticized by Macedonia's different ethnic groups for promoting
the former. Its controversial preamble states that:
...Macedonia is established as a national
state of the Macedonian people, in which full equality as citizens and
permanent co-existence with the Macedonian people is provided for
Albanians, Turks, Vlachs, Romanies and other nationalities living in the
Republic of Macedonia.16
For non-ethnic Macedonians, this
formulation is an indication of the ethnic Macedonians' attempt to create
their own state in which non-ethnic Macedonians will be second-class
citizens. They view the preamble as an inherent contradiction to other
parts of the constitution which proclaim Macedonia as a civic and
democratic state that guarantees "human rights, citizens' freedoms
and ethnic equality."17
Arben Xhaferi, leader of the Albanian
Party for Democratic Prosperity, told Human Rights Watch/Helsinki:
A state that was a common state for
Albanians, Macedonians and others has become a Macedonian state. You may
notice this everywhere. The television is "Macedonian TV." It's
not "TV of Macedonia," but with a predicate. Everything in this
country is being identified with this predicate "Macedonian."18
But the Macedonian government and its
supporters counter that they are committed to establishing a multi-ethnic,
civic state. In no other country in the Balkans, they argue, do minorities
enjoy the degree of rights they have in Macedonia. The complaints of
discrimination, especially by the Albanians, are seen as a sign of
disloyalty to the state. At best, many ethnic Macedonians say, Albanians
wish to destabilize the country; at worst, to secede from it.
The world community's delayed recognition
of Macedonia has also exacerbated inter-ethnic relations. The ethnic
Albanians' demand for increased autonomy and federalization is viewed as
an existential threat by most ethnic Macedonians who are hungry for
recognition by the world. For Macedonians, national unity is critical as
they struggle to assert their national identity on the world market.
Instead of complying, however, most Albanians take great pleasure in using
the term "FYROM" - Former Yugoslav Republic of Macedonia - the
name under which the country is formally recognized at international
bodies.
Indeed, the question of minority rights in
Macedonia is dangerously complex. Many of the fine points of debate are
political manipulations by both sides. While many of the ethnic
communities' complaints are valid, some are exaggerations and
misrepresentations. Nevertheless, it is the responsibility of
theMacedonian government, under both domestic and international law, to
grant full respect for minority rights and avoid discrimination along
ethnic lines.
(...)
a) THE ALBANIAN
MINORITY
Background
According to the Yugoslav constitution of
1974, ethnic Albanians were considered a constituent nation. In Macedonia,
the Albanian language was spoken in local governments where ethnic
Albanians constituted a sizable portion of the population. The
predominantly Albanian region of Kosovo - now controlled by Serbia - was
an autonomous region with its own local parliament and an
Albanian-language university in the capital, Prishtina. Despite this, open
expressions of Albanian national identity were not tolerated by the state.
The position of ethnic Albanians in
Yugoslavia began to deteriorate in the early 1980s. Albanians were
increasingly purged from the communist party, state institutions and many
state-run firms. Student demonstrations at the university in Prishtina led
to police crack-downs and more severe political repression.
The rights of ethnic Albanians
deteriorated sharply with the rise of Slobodon Milo_evi_
to power. With communism failing, Milo_evi_
fostered a growing sense of Serb nationalism, directed primarily against
ethnic Albanians. In 1989 Kosovo lost its status as an autonomous region
within Yugoslavia. All Albanian institutions were closed, including the
parliament and university, and today Albanians in Kosovo are dominated by
a violent police state run by Serbs.
In Macedonia, the situation is nowhere
near as tragic. But, having been one country up until 1991, the denial of
basic rights for ethnic Albanians in Kosovo has a strong impact on the
ethnic Albanians in Macedonia. In practical terms, for example, Albanians
in Macedonia no longer have an Albanian-language university in Kosovo to
attend. In addition, Serb oppression is often viewed as a Slav Orthodox
attack against the mostly Muslim Albanian population.
Since 1991, the ethnic Albanians in
Macedonia have viewed their new state with suspicion. The Albanian members
of Macedonia's parliament boycotted the vote on independence in 1991 and
asked their constituents not to participate in the 1992 census. Albanian
MPs also did not vote on the new Macedonian constitution in 1991 due to
what they claimed was its Macedonian national character.
The major complaint of the Albanian
minority is that they are considered a "minority group" in the
constitution rather than a "constituent nation" as they were in
the 1974 Yugoslav constitution. For ethnic Albanians, "minority
status" relegates them to an inferior position vis-a-vis ethnic
Macedonians and forms the basis on which a Slav-dominated state may
discriminate against them.
Human Rights Watch/Helsinki found that
many of the particular details concerning the rights of ethnic Albanians
in Macedonia are manipulated by bothsides. In the end, however, ethnic
Albanians have been denied many of the basic rights guaranteed them in
both Macedonian and international law. In particular, the Macedonian
government should take steps to eliminate discrimination in state
employment, assure equal political representation and provide a sufficient
opportunity for Albanians to protect and preserve their culture, including
the right to open private educational institutions.
Albanian Media
Despite constitutional guarantees
protecting freedom of expression, the Macedonian government still wields a
disproportionately strong influence over the flow of information. The
details of this issue are discussed in the chapter on freedom of the
press.
Regarding freedom of the press for
minorities, the main concern is state support for the newspapers, radio
and television programs of non-ethnic Macedonians. Specifically, many
ethnic Albanians complain that the state does not provide enough financial
support for their newspapers or enough hours for minority-language
programming on the state-run television and radio.
Currently, there is one state-supported
Albanian daily newspaper, Flaka e Vėllazėrimit (Flame of
Brotherhood) with a circulation of approximately 2,800. The paper was
published thrice weekly until May 1994, when the government acceded to
Albanian demands for increased publication. In comparison, the state
directly finances two daily newspapers in the Macedonian language, as well
as a major weekly.
Private newspapers in the Albanian
language face the same barriers as their Macedonian counterparts: the
state's virtual monopoly on newspaper services. The state-run company Nova
Makedonja, left over from the communist era,controls almost all of the
country's newspaper printing and distribution, which severely limits the
possibilities for an independent press. A number of private newspapers and
magazines, both Albanian and Macedonian, have failed in part because they
could not afford the inflated prices that Nova Makedonja demands.
Macedonian Television has three channels
with a broad variety of programming. The second channel broadcasts in the
languages of the minorities, including three hours in Albanian per day.
Seven of Macedonia's 29 municipal radio stations broadcast programs in
Albanian, including Channel 2000 in Skopje, which broadcasts six hours of
Albanian programming every day. Of the 300 municipal radio employees, 36
are from minority groups, including 20 Albanians.76
Beginning in 1991, the government allowed
a vast proliferation of private radio and television stations, despite the
absence of appropriate legislation to distribute licences. By May 1995,
there were approximately 240 private radio and television stations
broadcasting in the country, among them many stations run by ethnic
Albanians, Roma and Turks.
On May 19, 1995, the government ordered
the immediate closure of eighty-eight private radio and television
stations, allegedly for technical reasons. However, the government did not
explain what criteria they had used to select those stations to close. It
was only after public protest, that the government said it would make its
criteria known at a later time.
Ethnic Albanians complained that the
government had used technical reasons to justify restrictions on the
Albanian media. Many journalists and media specialists, both ethnic
Albanians and Macedonians, told Human Rights Watch/Helsinki that a
disproportionately large percentage of the closed stations were either
Albanian or Roma. Dragan Pavlovic, Director of Radio Vox in Skopje and
President of the Association of Commercial Radio and Television Stations
in Macedonia, told Human Rights Watch/Helsinki that 55 percent of the
closed stations were run by ethnic Albanians. All of the closures, he
maintained, were in violation of the constitution, which protects freedom
of the press.77
Minister Buzlevski told Human Rights Watch/Helsinki
that the Ministry is "not looking into the ethnic structure of the
stations."78 However, an analysis ofthe
stations that were closed and their locations throughout the country
reveals a pattern of discrimination against the Albanian media. In three
of the country's four largest cities, Skopje, Tetovo and Bitola, the
government closed the largest Albanian television station. Of the three,
TV ART in Tetovo and TV ERA in Skopje were considered professional,
produced their own news and reached a relatively large audience. After
substantial protest from the Albanian community and abroad, both stations
were reopened two months later.79
TV ART also encountered difficulties on
December 17, 1994, when police forcibly entered the station's Tetovo
studio and confiscated video tapes that journalists had taken that day of
the founding of the Tetovo university. The director of the station, Artan
Skenderi, was taken into police custody for 18 hours, psychologically
abused and then released without an explanation. (See chapter on freedom
of the press.)
(...)
b) THE
TURKISH MINORITY
According to the 1994 census, there are
77,252 ethnic Turks in Macedonia. Like other ethnic groups, leaders of the
Turkish community claim their numbers are much higher. According to
Erdogan Saraē, General Secretaryof the Democratic Party of Turks, there
are between 170,000 and 200,000 ethnic Turks currently living in the
country.
Like ethnic Albanians, the starting point
of Turkish dissatisfaction is the preamble of the Macedonian constitution,
which describes the country as the "national state of the Macedonian
people" with "full equality" for all other citizens. For
many ethnic Turks, this formulation regulates them to second-class status
behind ethnic Macedonians.
(...)
c) THE ROMA (GYPSY)
MINORITY
Comparatively speaking, the Roma community
in Macedonia is better off than in other countries of the region. There
are a number of Roma political, social and cultural organizations
functioning in Macedonia, and a Roma party is represented in parliament.
Roma are recognized in the constitution as a nationality, and relations
with the ethnic Macedonian population are generally good.
Despite these achievements, the Roma
population is still clearly at the bottom of the country's social and
economic ladder. Unemployment, mortality rates and homelessness are all
highest within the Roma communities. While there is no overt state
discrimination, the state has not done all that it could to provide the
Roma population with equal access to jobs, housing and education. Human
Rights Watch/Helsinki also has serious concerns that Macedonia's new
citizenship law discriminates against Roma in the country.
According to the official numbers, there
are 43,732 Roma in Macedonia, or 2.3 percent of the total population. But
most people, including many ethnic Macedonians and Albanians, admit that
the Roma's numbers are considerably higher.86
Some Roma citizens of Macedonia told Human Rights Watch/Helsinki that they
had declared themselves as ethnic Turks or Albanians in the 1994 census in
order to avoid discrimination in getting a job. Human Rights Watch/Helsinki
also heard credible reports of Roma declaring themselves as Albanians,
Turks orMacedonians in order to receive humanitarian assistance from an
ethnically-based aid organization.
(...)
Like the other ethnic minorities in
Macedonia, Roma also complain about the situation with the media. Until
September 1995, there was only one half-hour a week on state television
for Roma programs. Today, however, thirty-minute programs are broadcast
three times a week. There are also a surprisingly high number of private
radio and television stations run by and for Roma, although most transmit
in a very small area. As of May 1995, there was a private Roma television
station in Stip, Tetovo and Ohrid, and three in Skopje.
Many of these stations were closed in May
1995 when the government shut down eighty-eight stations throughout the
country, allegedly for technical reasons. (See chapter on freedom of the
press.) Human Rights Watch/Helsinki heard complaints from Roma journalists
and other media specialists that, by percentage, more Roma radio and
television stations were closed than the stationsof other ethnic groups.
For example, all of the Roma television stations in Skopje, TV Shutel, BTR
and TV Atlanta, were shut down. During 1996, most of them were allowed to
reopen.
d) THE SERB MINORITY
The complaints of the ethnic Serb
community in Macedonia are similar to those of the other minorities: the
lack of Serbian-language education and media, discrimination in obtaining
state jobs and citizenship, and abuse by the police. Leaders of the Serb
community also complain that the government has not recognized the Serbian
Orthodox Church and has restricted the right of ethnic Serbs to practice
their religion.
According to the 1994 census, there are
39,260 ethnic Serbs living in Macedonia, a number equal to 2 percent of
the total population. According to some leaders of the Serbian community,
however, there are as many as 250,000 Serbs in the country.92
Most Serbs live in the northern part of the country near the border with
Serbia. Their language is slightly different than Macedonian, but perfect
communication between Serbs and Macedonians is possible.
(...)
Lastly, some ethnic Serbs complained to
Human Rights Watch/Helsinki about the lack of Serbian language media
available in Macedonia, both in print and electronically. There are no
Serbian-language newspapers published in Macedonia, but a number of
newspapers from Serbia arrive in the country every day. In thenorth,
ethnic Serbs can receive television and radio from Serbia. After protests,
Macedonian state television agreed to offer one half-hour of Serb
programming every week, although some ethnic Serbs are not satisfied with
the content. Dragisha Mileti_
told Human Rights Watch/Helsinki:
There is a one half-hour program on
television for Serbs. But it's a government program and we don't think
that it belongs to the Serbs. The editors there are appointed by the
government. They are mostly Serbs who don't feel Serbian. The programs are
a joke. They have Muslim culture and Croatian composers. And they attack
the Serbian party.94
(...)
V.
FREEDOM OF THE PRESS
THE PRINT
MEDIA
Compared to the communist era, the
Macedonian press is relatively free. Censorship is forbidden and private
publications represent a wide variety of views and political perspectives.121
Nevertheless, the state still exerts substantial control over the flow of
information.
One major restriction to a free press
stems from the state's virtual monopoly on the printing, distribution and
sale of newspapers and magazines. The state-run company Nova Makedonija
controls almost all of the printing presses, distribution agencies and
newsstands in the country; its disproportionately high prices are a major
barrier to the development of an independent press. On December 8, 1995,
the government announced that the privatization process of Nova Makedonija
would begin, but the process is expected to take some time.
Meanwhile, the high cost of printing and
distribution has contributed to the closure of a number of opposition
journals. According to Vladomir Makrov, editor-in-chief of the opposition
magazine Delo, three papers he has worked on have not been able to
compete with the state-sponsored papers because of high printing costs.122
However, low circulation (Delo's circulation is currently 3,500 per
week) is also a contributing factor.
To help break the monopoly, the Macedonian
Soros Foundation, a local philanthropic organization, has funded a new
printing press called Euro 92. Iso Rusi, in charge of media projects at
the foundation, told Human RightsWatch/Helsinki that the cost of printing
at Euro 92 is 60 percent lower than at Nova Makedonija, and the facility
still makes a profit.123
In March 1996, the government ordered the
Euro 92 printing press to pay customs on newsprint it was importing from
abroad, even though the Nova Makedonija company does not pay any sort of
import tax. Managers at the press and a number of journalists complained
that such a tax would place a heavy financial burden on the independent
papers, which do not receive support from any political party or the
government. As of May, the issue was still being debated.
Some journalists and editors also
complained about mismanagement and corruption within the Nova Makedonija
company. Mr. Makrov told Human Rights Watch/Helsinki that copies of his
former magazine, Epocha, had regularly been lost by the Nova
Makedonija distribution system.124 Zoran
Dimitrovski, an editor at the independent weekly newspaper, Fokus,
told Human Rights Watch/Helsinki:
If you use Nova Makedonija, you get paid
six months later. Also, they have their own newspapers, so they will hide
the competition.125
The Nova Makedonija company also produces
a number of its own newspapers and magazines, all of which receive
substantial subsidies from the state. They include:
Nova Makedonija - daily newspaper
in Macedonian, circulation 15,000-20,000
Vecer
- daily newspaper in Macedonian, circulation 15,000-20,000
Puls - weekly newspaper in
Macedonian, circulation 3,000 - 5,000
Flaka e Vėllazėrimit - daily
newspaper in Albanian, circulation 2,000-2,500
Birlik - Thrice-weekly newspaper in
Turkish, circulation 700-800
Information in the three major
Macedonian-language newspapers is sometimes critical of the state. For the
most part, however, their content tends to reflect the views of the
government. Journalists who work for the three majorpapers told Human
Rights Watch/Helsinki that the government plays a subtle game, sometimes
allowing critical views to seep into the pages of the papers, and
sometimes using pressure of various kinds to control the views expressed.
This is particularly true on key issues, such as elections or questions of
corruption. Specifically, many journalists complained about biased
coverage in favor of the ruling Alliance for Macedonia leading up to the
parliamentary elections in 1994.
Human Rights Watch/Helsinki learned of
some cases where journalists at Nova Makedonija publications were
transferred to less important positions after having written articles that
were critical of the government. One journalist to whom this happened told
Human Rights Watch/Helsinki:
It [censorship] is not so heavy-handed.
People don't lose their jobs, but get put somewhere within the newspaper
where they can't do damage.126
Human Rights Watch/Helsinki also heard
complaints of government repression against journalists and editors who
work with newspapers not affiliated with Nova Makedonija. In particular,
publications with views close to the nationalist opposition have reported
a series of government attempts that, they believe, were intended to
hinder their work.
Journalists at Delo, a magazine
with political views similar to VMRO-DPMNU, told Human Rights Watch/Helsinki
that they had had trouble receiving accreditation as journalists, were
often denied interviews by government officials and were not always
invited to government press conferences. In addition, they say, government
agencies or institutions never buy advertising space, although Delo's
low circulation may be a reason for this.127
In February 1995, the editor of Delo,
Vladomir Makrov, was charged with slandering then Minister of Internal
Affairs Ljubomir Fr...kovski.
In the February 17 issue of the paper, a Delo correspondent accused
Fr...kovski
of involvement in corruption and organized crime. According to the article,
the minister received 60,000 DM from a company the ministry had hired to
publish passports. Mr. Makrov told Human Rights Watch/Helsinki that the
slander charges were political and intended to silence the opposition
press.
The article in question, entitled "Fr...kovski
Up to His Neck...", is full of conjecture and lacks any credible
evidence of the minister's illegal activities. The article only states
that "there is a document, black and white" to prove Minister Fr...kovski's
guilt. Mr. Makrov conceded that it is "difficult to prove with
documents, because it is easy to destroy documents. And we must protect
our sources."128 Mr. Makrov also admitted
that none of his journalists had attempted to contact the ministry to
confirm the allegations, although, he said, in other cases they had tried
this and received no response. According to Macedonian law, Minister Fr...kovski
has the right as a private citizen to press charges for slander if he
believes that he has been unjustly accused.
In the legal proceeding against Mr. Makrov
there were some irregularities that may reveal a government agenda to
hinder the work of the opposition press. First, on March 21, the
government spokesman, Gjuner Ismail, announced at a government press
conference that Minister Fr...kovski
would be pressing slander charges as a private citizen because of the
article. The trial, which began on March 31, was subject to numerous
delays, and the accusation was altered from slander of a private citizen
to slander of a government official, a charge left over from the
communist-era penal code. Eventually, the case was dropped.
Another case involved the alleged
impounding of two issues of Republica 7, another journal affiliated
with the nationalist opposition. Journalists at the paper claimed that
they were locked out of their office by law enforcement officials who
confiscated two issues of the paper. At the time, Republica 7 was
publishing a series of articles that accused the government of using
eavesdropping equipment on opposition leaders and also examined nepotism
in government hiring.129 The government
claimed that the owner and publisher of the journal had ordered the
closing. The staff at the paper, however, maintained that they had been
coerced by the government. Human Rights Watch/Helsinki was not able to
determine the precise nature of the events.
The Case of Branko Gerovski
On February 17, 1995, Branko Gerovski, at
the time a journalist with the Macedonian weekly Ve...er,
was in Tetovo to cover the first day of classes at the Albanian university.
He was present in the suburb of Male Recica to witness theviolent clashes
between ethnic Albanian supporters of the private university and
Macedonian police. Following the fighting, as he was returning to his car,
Gerovski was attacked by a group of policemen. His jaw was broken and he
spent two weeks in the hospital. He told Human Rights Watch/Helsinki:
Everything was already pretty calm and I
was leaving the area to get to my car when I ran into a row of police
coming as back-up. I was shouting, "I'm a journalist!", and had
a tape recorder in my hand. But the police came and they beat me with the
butt of a gun directly on the jaw, and it broke. I was trying to escape
but a second group came and beat me some more.130
Gerovski later received an apology from
then Minister of Internal Affairs Ljubomir Fr...kovski
who also assumed all of Gerovski's medical costs. Gerovski is free to
press charges against the responsible policemen, but has decided, until
now, not to do so.
b) ELECTRONIC
MEDIA
State
Television and Radio
Macedonia has three state-run television
stations and a large number of state radio stations dispersed throughout
the country. All of them generally reflect the views of the government. As
with the Nova Makedonija publications, there is no overt censorship, but
information is rarely critical of the ruling parties or official policy.
Technically, the Macedonian Television and
Radio are public companies, although the state provides financial
assistance for capital growth. Ninety percent of financing comes from
viewer fees. Parliament selects the general manager, who, in turn,
appoints his or her staff. Editors and top managers at Macedonian
television told Human Rights Watch/Helsinki that there is no formal
connection with parliament, but that there is a definite political
influence over programming. For example, all top appointments at the
television and radio are negotiatedbeforehand.131
One top manager at Macedonian television told Human Rights Watch/Helsinki,
"there must be a kind of continuous connection between the people
working here and the political parties."132
The second channel of Macedonian
television provides programming in Albanian, Turkish, Romani, Vlach and
Serbian. Seven of the 29 municipal radio stations also broadcast programs
in the minority languages. According to the Macedonian Ministry of
Information, in 1993, 36 of the 300 employees at municipal radio stations
belonged to minority groups, including 20 Albanians.
The minority groups in Macedonia claim
that they are denied equal access to the state television. Opposition
parties, notably VMRO and the Democratic Party, claim that the state
television and radio do not report on their activities.
Private
Radio and Television
Private television and radio was not
allowed in communist Yugoslavia. Article 16 of the Macedonian constitution,
adopted in 1991, states that the press is free and allows for the
formation of private media outlets. Based on this newly-found freedom,
dozens of private radio and television stations sprung to life beginning
in 1991. According to the Ministry of Information, by early 1995 there
were 210 private radio and television stations operating in the country.
All of these stations were legally registered with the courts and
government, but none of them possessed the proper license for broadcasting,
since Macedonia does not have a law to regulate the distribution of
frequencies.
Despite this, all of the 210 private
stations were allowed to operate. The majority rebroadcast music videos
and pirated movies in a very local area, but a few had a wider
distribution and produced their own programs, including news. Some
journalists told Human Rights Watch/Helsinki that the government had
allowed so many private stations to operate so as not to appear
undemocratic early on in its term. Other journalists suggested that there
was a degree of corruption at the Ministry of Traffic and Communications,
which is responsible for the allocation of frequencies.
Controversy began in May 1995 when the
government announced without warning that eighty-eight private radio and
television stations would be closed because of the unregulated use of
radio frequencies. The Minister of Traffic and Communications, Dimitar
Buzlevski, did not explain how the government hadselected those
eighty-eight stations out of 210. The criteria, he said, would be made
clear at a later date.
Owners of the private stations protested
that the closures were arbitrary and violated the constitutional right to
a free press. Dragan Pavlovic, owner of Radio Vox in Skopje and President
of the Association of Commercial Radio and Television Stations in
Macedonia, told Human Rights Watch/Helsinki:
The decision to close the stations came in
one moment. If the stations didn't close, then the police would take the
transmitter. Ten to fifteen stations didn't stop and their transmitters
were taken. But there was no law on which to base the closures. If there
is no law for opening stations, how can you have a law for closing them?133
A protest letter presented to the
government from the Association of Commercial Radio and Television
Stations said:
For more than four years the private radio
and television stations have worked legally, based on the fact that they
possessed all of the required licenses obtainable in Macedonia at that
time. The competent Ministry for Traffic and Communication was informed of
the work of these stations and made no remarks, instructions or
interventions whatsoever.134
Following these protests, Minister
Buzlevski stated that the closures were purely a technical response to
what he described as chaos in the airwaves. In August 1995, he told Human
Rights Watch/Helsinki:
It began in 1994 when we realized that
there were too many radio and television stations broadcasting. So we
stopped the registration of future subjects [at the Ministry of
Information]. This was a technical problem only. We had to take
somemeasures to temporarily close down those who were interfering with the
airwaves.
The first criteria was temporarily to
close those radio and television stations that were not registered at all.
Of the eighty-eight closed stations, fifty-six were not registered,
thirty-two were registered. Second was to close those stations that
interfered the most with the other frequencies. For example, the
transmitters from housing complexes. Most of these were only broadcasting
music and kitsch.135
However, a careful analysis of the radio
and television stations that were closed reveals that the stations of the
ethnic minorities in Macedonia were disproportionately affected. In
percentages, more stations run by ethnic Roma and Albanians were closed
than those run by ethnic Macedonians. In addition, some of the key
Albanian stations were forced to close, including TV ART in Tetovo and TV
ERA in Skopje, both of which produced their own news on a relatively
professional level. In contrast, none of the major Macedonian stations,
notably A1 and Shutel in Skopje, were forced to close.
Some journalists and media analysts
thought that the selection of stations to close was made by the government
on a personal and political basis that crossed over ethnic lines. Others
felt strongly that the ethnic component was the primary consideration.
According to Iso Rusi, a journalist and media director at the Soros
Foundation, approximately 70 percent of the closed stations were Albanian.
TV ART in Tetovo, he pointed out, was one of the more professional
stations in Macedonia with programming in three languages, Albanian,
Macedonian and Turkish. At the same time, he said, many Macedonian
stations with poor programs were allowed to continue broadcasting.
Artan Skenderi, the Director of TV ART
told Human Rights Watch/Helsinki: To control the chaos, the Ministry
decided - if there's no law -they'll close the stations based on technical
reasons. But they closed both TV ART and TV Era, the only two professional
Albanian stations with news. They also closed TV Tera, the main Albanian
television station in Bitola. Meanwhile, they alsoclosed many unserious
Macedonian stations that broadcast pornography and films, and left many of
the stupid Albanian stations.136
In July, Minister Buzlevski told Human
Rights Watch/Helsinki that the government would soon present a draft law
on radio broadcasting to parliament for consideration. That propsal was
presented on May 13, 1996, although Human Rights Watch/Helsinki has not
reviewed the bill. A number of journalists, lawyers and media experts told
Human Rights Watch/Helsinki that the absence of a law on radio
broadcasting was a violation of Macedonian constitutional law, which
stipulates that such a law, among other important pieces of legislation,
had to have been passed within six months of the new constitution in 1991.
Slobodan ,,a_ule,
the former director of Macedonian Radio, told Human Rights Watch/Helsinki:
Constitutional law states that certain
laws must be passed within six months after the constitution, including a
law on broadcasting. Without this law, the constitution holds. Therefore,
arbitrarily closing down any broadcast media is in violation of the
constitutional right to a free press, as outlined in article 16.137
A number of journalists expressed concern
that any forthcoming media law would exceed the boundaries of technical
considerations and distribute licenses based on the content of programming.
While they recognize that there must be some national standards, for
example, to regulate the broadcasting of pornography, they fear that
political criteria may be used. Minister Buzlevski told Human Rights Watch/Helsinki:
The basis of the new law will by Article
16 of the constitution which protects the right to a free press. The law
will ban some activity, for example, programs that incite violence or
broadcast the programs of religious political parties. But there will be
no institutionalized censorship. Stations will have to submit only
atechnical plan, not anything related to their programs. A commission will
decide on their right to get a frequency.138
Another concern of journalists and private
television and radio broadcasters is the use of the country's transmitters,
which are currently under the control of the state. At present, none of
the private radio or television stations are able to broadcast in areas
farther than their local surroundings. That means there is no private
radio or television station that broadcasts nationwide. Minister Buzlevski
said that the transmitters belong to Macedonian television and will be
dealt with in a separate law.
During 1996, many of the private radio and
television stations were allowed to broadcast once again.
The Case
of TV ART
The largest and most professional Albanian
television station, TV ART in Tetovo, has come under repeated pressure
from the government. Despite this, the station continues to produce its
own programs, including news, in three languages. Director of the station,
Artan Skenderi, started the station after he was removed from TV Prishtina
in Kosovo by the Serb authorities. He told Human Rights Watch/Helsinki,
"I want to make real news without a political color. In my work I am
not an Albanian, I am a journalist."139
The first major incident occurred on
December 17, 1994, when the founding of the university in Tetovo was
formally declared. Skenderi told Human Rights Watch/Helsinki:
On December 17, 1994, in Tetovo, was the
declaration of the university in the Albanian language. The university
organizers called us because there was a meeting at the Party for
Democratic Prosperity. They didn't tell me what it was. They said, just
come alone.
I went with one editor and two cameras. At
the party headquarters we entered with the cameras. All of the
politicalparties, some Albanian MPs and others from the Albanian political
life were there. We recorded the whole declaration and left after twenty
minutes.
Two days before the meeting, the police
had called me and said, "We have permission to stop any information
about the university." I answered that I wanted to see the government
decision on paper. He said he would bring it.
At 12:00 a.m. [on December 17], fifteen or
twenty civil police occupied the station. They ordered everybody out
except me. They said "You know why we're here? Give us the tape and
come with us." They put me in a van, and we went to the police
station. I was eighteen hours at the station with a big psychological
torture. I sat for eighteen hours in one chair without knowing why. At
1:00 a.m. about 40 policemen went to my home. They searched the entire
house. They were armed with helmets, bullet-proof vests and automatic guns.
They surrounded the house. I have a hunting rifle - a trophy from my
father with all the proper licences. They took it. Then they let me go
without any explanation.140
As mentioned above, TV ART was then closed
in May 1995 by order of the Ministry of Traffic and Communications. The
stated reason was the lack of a license for a broadcast frequency. After
substantial protest from the station and some international organizations,
TV ART reopened two months later. But harassment from the Ministry of
Traffic and Communications continued. An inspector from the ministry came
to the station demanding to see its frequency license while Human Rights
Watch/Helsinki was in Tetovo on July 31, 1995. Since then, however, the
station has been allowed to operate without interferences.
(...)
15 According
to the new law, passed in October 1995, municipalities with a minority
population greater than 50 percent will use the language of that minority
along with Macedonian in all official matters. In those municipalities
where a minority group makes up more than 20 percent of the local
population, the names of towns, stores and streets will be written in both
languages. Based on the new law, the Albanian language will be used in
Kumanovo, Gostivar, Debar, Struga, Kicevo, Krusevo and four of the five
districts in Skopje. Turkish signs will be used in Makedonski Brod and
Debar.
16 Albanian
deputies in parliament did not vote on the new constitution in protest of
the formulation.
17 Preamble
of the Constitution of the Republic of Macedonia.
18 Human
Rights Watch/Helsinki interview with Arben Xhaferi, Tetovo, July 30, 1995.
76 Statistics
provided by the Macedonian Ministry of Information.
77 Human
Rights Watch/Helsinki interview with Dragan Pavlovic, Skopje, July 24,
1995
78 Human
Rights Watch./Helsinki interview with Minister Dimitar Buzlevski, Skopje,
August 8, 1995.
79 For
a complete analysis of the private radio and television closures, see the
chapter on freedom of the press.
92 Human
Rights Watch/Helsinki interview with Dragisha Mileti_,
Skopje, August 9, 1995.
94 Human
Rights Watch/Helsinki interview with Dragisha Mileti_,
Skopje, August 9, 1995.
121 Article
16 of the Macedonian Constitution protects freedom of speech and the
press. It states:
Freedom
of speech, public address, public information and the establishment of
institutions for public information is guaranteed.
Free
access to information and the freedom of reception and transmission of
information are guaranteed.
122 Overview
of Current Human Rights Issues, Needs and Activities in Macedonia
(Washington D.C.: International Human Rights Law Group, April 12, 1993).
123 Human
Rights Watch/Helsinki interview with Iso Rusi, Skopje, July 27, 1995.
124 Human
Rights Watch/Helsinki interview with Vladomir Makrov, Skopje, July 10,
1995.
125 Human
Rights Watch/Helsinki interview with Zoran Dimitrovski, Skopje, July 28,
1995.
126 Human
Rights Watch/Helsinki interview, Skopje, July 1995.
127 Human
Rights Watch/Helsinki interview with Krum Velkov, Skopje, July 10, 1995.
128 Human
Rights Watch/Helsinki interview with Vladomir Makrov, Skopje, July 10,
1995.
129 Overview
of Current Human Rights Issues, Needs and Activities in Macedonia
(Washington D.C.: International Human Rights Law Group, April 12, 1993).
130 Human
Rights Watch/Helsinki interview with Branko Gerovski, Skopje, July 24,
1995.
131 Up
until February 1996, the general director of Macedonian television was in
the presidency of the Liberal Party, one of the members of the ruling
coalition at the time.
132 Human
Rights Watch/Helsinki interview, Skopje, August 6, 1995.
133 Human
Rights Watch/Helsinki interview with Dragan Pavlovic, Skopje, July 24,
1995.
134 Protest
letter of the Association of Commercial Radio and Television Stations,
Skopje, May 16, 1995.
135 Human
Rights Watch/Helsinki interview with Minister of Traffic and
Communications Dimitar Buzlevski, Skopje, August 8, 1995.
136 Human
Rights Watch/Helsinki interview with Artan Skenderi, Tetovo, August 1,
1995.
137 Human
Rights Watch/Helsinki interview with Slobodan ,,a_ule,
Skopje, July 20, 1995.
138 Human
Rights Watch/Helsinki interview with Minister Dimitar Buzlevski, Skopje,
August 8, 1995.
139 Human
Rights Watch/Helsinki interview with Artan Skenderi, Tetovo, August 1,
1995.
140 Ibid.
|
P.O. Box, CH-8031
Zürich, Switzerland