Briefing Paper on Press Freedom In Bosnia And Herzegovina Before the September 14th Elections

The Committee to Protect Journalists (CPJ), a nonpartisan, nongovernmental organization based in the United States, is dedicated to defending the rights of journalists around the world. Since the Dayton Peace Accords, the treaty that ended the war in Bosnia and Herzegovina, was negotiated in Dayton, Ohio, and signed in Paris in December, 1995, CPJ has been concerned about compliance, by all parties, with the terms of the agreement as they affect journalists.


OBLIGATIONS TO ENSURE PRESS FREEDOM ASSUMED BY DAYTON PARTIES

Bosnia’s constitution guarantees freedom of movement throughout Bosnia and Herzegovina and states that freedom of movement shall not be impeded (Art. 1.4). Freedom of expression is also guaranteed (Art. 2.h). Annex 6 of the Dayton Accords contains an Agreement on Human Rights which affirms freedom of expression (Art.1.8) and the right to liberty of movement and residence (Art. 1.13).

 In addition, the parties to the Dayton Accords have signed a document titled “Agreed Measures on Dayton Accords Compliance,” dated March 18, 1996, which states: “Access to electronic and print media for all recognized political groupings is an absolute prerequisite for successful elections and for the building of a viable constitutional order” (Point 1). The parties agreed to disseminate standards to enable journalists to perform their professional duties and for governments to issue licenses and frequencies fairly (Point 7).

 In July, prior to the start of political campaigning for Sept. 14 general elections, the parties agreed to a document titled “Regulations Concerning the Obligations of Governments in Relation to the Media in Bosnia and Herzegovina,” a supplement to the Dayton Accords. The document states that “the Governments will permit journalists to enjoy complete freedom of movement and unhindered pursuit of their professional activities throughout Bosnia and Herzegovina. Journalists who are citizens of Bosnia and Herzegovina shall exercise this right on the basis of an indentification card issued by their media organization or by an appropriate professional association. Accreditation cards will be identical in both Entities, and will only state the name of the journalist, the specific media…and should include a photograph. Foreign journalists shall exercise their rights on the basis of accreditation already issued by the appropriate authorities in Bosnia and Herzegovina or to be issued in the future by the OSCE [intergovernmental Organization for Security and Cooperation in Europe] Media Experts Commission and such accreditation will be valid in the entire territory of Bosnia and Herzegovina.” (Art. 125).

 Article 126 guarantees that journalists “will not be subject to detention, harassment or interference in pursuit of their legitimate activities.” Article 127 states that the governments “will ensure that licenses and frequencies for electronic and printed media are granted expeditiously, on the basis of objective non-political criteria, in order to ensure that all political parties and candidates in the elections have equitable access to the media.”

 The supplemental agreement also contains “Standards for Professional Conduct for the Media and Journalists,” such as the injunctions “to make a clear distinction between factual reporting and editorial comment” (Art. 128); “to ensure that the information they report is factually accurate, complete, fair, equitable and unbiased” (Art. 130); “to avoid distortion, suppression, falsification, misrepresentation and censorship”; and “to avoid language which encourages discrimination, ridicule, prejudice or hatred” (Art. 133). CPJ notes that like all press laws, these “standards,” arrogantly flouted by state-sponsored media, are difficult to define and adjudicate and actually become cudgels in the hands of governments determined to suppress independent media.

GENERAL MEDIA CLIMATE: TOTAL STATE CONTROL

All major television and radio stations are controlled by regional authorities and their ruling parties in each ethnically determined “entity” of Bosnia: the Republic of Bosnia and Herzegovina (the Sarajevo-based government); the Federation of Bosnia and Herzegovina (the Muslim-Croat Federation including the Croat-controlled “mini-state” of Herzeg-Bosna) and the Republika Srpska (Serb Republic), the Bosnian Serb enclave. Correspondents describe conditions in Republika Srpska and Herzeg-Bosna as particularly severe. Although election rules require access by opposition candidates, quite typical is the announcement of SRT (Serb Radio-Television) in late July that it would simply no longer give air time to political parties “deemed unpatriotic” by editors. According to the Aug. 14 report of the International Crisis Group (ICG), SRT in Republika Srpska announced frankly that “Political parties and coalitions that think that they will generate support from viewers through lies and still take part in the pre-election campaign, must expect to be pulled from the screen of [Bosnian] Serb television.” When representatives of the Party for Democratic Action (SDA) of Bosnian President Alija Izetbegovic appeared on a nightly 90-minute program supposedly set aside for other political parties, SRT’s television screen went blank for 14 minutes then switched to pop-music videos.

 Even if stations go through the motion of creating timeslots for the opposition, these opportunities are used by the ruling parties to ridicule their competition, or else the program will be disrupted by a fortuitous power outage. The Institute for War and Peace Reporting (IWPR) and Media Plan (MP) have documented copious examples of “strategic omissions,” “outright character assassinations,” and “preferential treatment of political patrons.”

Independent or opposition newspapers are reduced to limited circulation, such as the daily Oslobodjenje in Sarajevo or the fortnightly Novi prelom in Banja Luka, with runs of 10,000 and 5,000, respectively. While publications can be found in kiosks, people still find the purchase of a newspaper a luxury in postwar Bosnia. Editors in one entity are prevented from distributing their newspapers in another and it is rare to find even opposition publications willing to cross boundaries.

Broadcast journalists told CPJ that the process for obtaining licenses was “sheer anarchy.” Regulations are contradictory or unclear, officials corrupt, and authorities reluctant to cede their monopolies. Even independent television or radio stations that have obtained permission to broadcast experience disruptions.


ATTACKS ON MEDIA AND JOURNALISTS

Widely reported interethnic violence, increasing again before the elections, has spilled over to journalists covering controversial issues and the campaigns of opposition parties. Several notorious incidents late last year and after the onset of the campaign in July have had a chilling effect on reporters.

CPJ has also received well-documented allegations of dismissals of journalists for ethnic or political reasons, although the victims are unwilling to go on the record for fear of retaliation. Authorities have also moved to ban media that refuse to submit to state control.


OBSTRUCTION OF FREEDOM OF MOVEMENT

By all accounts, the greatest factor affecting press freedom is the absence of freedom of movement . The population’s overwhelming tendency is to remain in their own ethnic enclaves because of stories of violent reprisals against those who endeavor to return to their hometowns. As a Sarajevo-based journalist told CPJ, “The political divison in the country makes the job of our journalists impossible on the territories of Republika Srpska or Herzeg-Bosna.” “Local journalists do not even take advantage of the rare opportunities afforded them on trips organized by the OSCE and IFOR,”explained an international monitor. RSF has described some heavily guarded field trips across borders organized for journalists by the international community, mainly to attend OSCE press conferences. Adnan Sarajlic, head of Radio Zid in Sarajevo, complained, “Because it’s impossible to go to Republika Srpska without the international organizations, journalists can only meet officials. Obviously, what interests us is to talk to the residents.” Zoran Ilic, deputy head of Sarajevo’s Studio 99, also expressed his frustration at not being able to “do a normal report by meeting the inhabitants of the city rather than local and international officials.”

 The Croat-controlled “mini-state” of Herzeg-Bosna was supposed to be dismantled by Croatian President Franjo Tudjman by the end of August, but reporters told CPJ that a disbanding would be meaningless. “Although we expect a dismantling soon, we will still be dealing with the very same Croat authorities,” said a news director convinced that freedom of movement for Muslims in Croat-controlled territory would not improve soon.

 Journalists told CPJ that local news media have gotten around freedom of movement restrictions by maintaining telephone and, to a smaller extent, electronic mail connections with stringers in local villages who attempt to cover opposition campaigns. Journalists sometimes become more vulnerable to violence when they are far from their news organizations’ headquarters (see Mulahuseinovic case above).

Under the terms of agreements about working conditions for journalists, accreditation is supposed to contain only the name of the correspondent and his or her news organization. But in Bosnia, where every transaction, public and private, is defined by ethnicity, people are skilled at decoding ethnic origin just from names or photographs. Many independent local reporters do not have cars at their disposal in the devastated postwar country. The license plates of private automobiles can denote the ethnicity of passengers because the letters indicate the towns of origin of the vehicles.

Foreign journalists report that while IFOR press passes are generally honored and cars with foreign or OSCE license plates allowed to pass, authorities in Republika Srpska are demanding a separate credential obtainable only from the government’s International Press Center in Pale.

Other foreign reporters, including Americans from major news media, told CPJ they simply circumvented the Pale International Press Center in order to avoid its restrictions, and took their chances in the field without passes or escorts.

 While foreign journalists have more access with their foreign plates and IFOR passes, their interpreters can instantly meet roadblocks when they go “in the other direction.” For example, a Serb translator will be needed to get around Republika Srpska; yet attempting to enter non-Serb areas will place the interpreter at risk.


SHORT-TERM DETENTIONS

The ease with which journalists were arrested and falsely accused early in the year, despite the Dayton agreement’s guarantee of freedom of movement, and the slowness of the responses by OSCE, discouraged many reporters from travel and made them skeptical of the ability of the international community to come to their aid.

For five days the Bosnian Journalists Association and the Union of Independent Professional Journalists of Bosnia and Herzegovina boycotted their coverage of all activities of High Representative Bildt and OSCE Chief of Mission, U.S. Ambassador Robert Frowick. A group of some 100 journalists demonstrated outside the offices of the High Representative and demanded international intervention. On March 25, Delic-Degi was set free in Pale, less than 24 hours after a Serb reporter, Ninko Djuric, was released by the Bosnian government. Djuric, who works for the Pale-based Bosnian Serb weekly Javnost, had been arrested on Sept. 10, 1995, during fighting at Mount Ozren. No reasons were given for his arrest. CPJ protested the use of noncombatant journalists in prison-of-war exchanges.


NO KILLINGS, DISAPPEARANCES, OR IMPRISONMENT
But Unsolved Cases Remain

In the four years of the wars in the former Yugoslavia (1991-1995), 45 journalists were confirmed by CPJ as killed in the line of duty. At least 15 were not killed accidentally in crossfire, but deliberately targeted by assassins. Since the signing of the Dayton Accords on Dec. 14, 1995, and the end of the Bosnian war, there have been no reports of journalists killed or missing. Yet the murders of those killed during the war or missing and presumed dead remain unsolved. To date, not a single killer of a journalist has been brought to justice.


This report was prepared by Catherine A. Fitzpatrick, Program Coordinator for Eurasia, and Amanda Onion, Research Assistant for Central Europe. We are grateful to the foreign and domestic correspondents who assisted us with this report, as well as the Western European monitoring organizations listed here

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