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FEBRUARY 2001
REACTION REPUBLIC OF MACEDONIA - FYROM
His Excellency Boris Trajkovski
President of the Republic of Macedonia
His Excellency Mr. Ljubco Georgievski
President of the Government of Republic of Macedonia
His Excellency Mr. Stojan Andov
President of the Parliament of the Republic of Macedonia
Vienna, 21 February 2001
Your Excellency,
The International Press Institute (IPI), the global network of editors and media executives, and its affiliate, the South East Europe Media Organisation (SEEMO), are extremely alarmed at the Draft Law on Informing the Public which has reportedly been approved by the Macedonian Government with a view to replacing a number of repressive and outdated laws still in force from the period when Macedonia was still part of Yugoslavia.
In particular, IPI and SEEMO are concerned that the Draft Law on Informing the Public contains restrictions on freedom of expression, which are in breach of international standards in this area. Furthermore, if adopted by Parliament, the law would constitute an unacceptable government interference in media regulation and undermine the fundamental independence of the media.
According to the information received by IPI, a previous draft of this law (12 May 2000) has been analysed by European media law experts, who recommended changes in order to bring the law in line with European standards. However, the 12 January 2001 Draft Law on Informing the Public appears to be even more repressive than the previous one.
The concerns expressed in this statement highlight just a few of the fundamental flaws in the Macedonian Draft Law on Informing the Public.
A fundamental concern of IPI is about Article 3 of the draft law which provides for restrictions to freedom of expression. The European Convention on Human Rights does permit some restrictions on the right to freedom of expression and information in order to protect the private and public interests as listed in paragraph 2 of Article 10. However, Article 10 (2) makes it clear that any restriction must be "necessary in a democratic society"; Furthermore, the case law related to Article 10 (2) limits the scope of these restrictions and clearly shows that there should be a general presumption in favour of freedom of expression; restrictions can only be permitted if they do not undermine the public debate and free flow of information which is necessary for a democracy to function and for a government to be held accountable to the people it represents and serves.
Articles 17 and 18 of the draft law require that journalists hold identification cards issued by a government-appointed Council. Licensing of journalists by government authorities is contrary to international law and gives the authorities the opportunity to decide who is allowed to practice as a journalist. Everyone has the right to freedom of expression and any restrictions on this right, including via government-regulated identification cards, are unacceptable. IPI recognises that journalists' ID may serve legitimate purposes but strongly recommends that the issuing of ID is left to independent professional journalists associations in a self-regulatory manner.
Articles 21 to 23 of the draft requires that all media to register with the Agency of Information and receive confirmation from this Agency. Compulsory registration or media outlets is not only un-necessary but can effectively hinder press freedom and provides government with an opportunity to interfere by preventing media outlets from publishing.
Most worrying is Article 40 of the draft law that states that the misuse of press freedom should be punished in accordance with the criminal law of Macedonia. Journalists should not be punished for carrying out their work and the threat of harsh criminal sanctions exerts a profound chilling effect on freedom of expression. Such sanctions clearly cannot be justified, particularly in light of the adequacy of non-criminal sanctions in redressing any harm to individuals' reputations. Furthermore, the criminal liability established in Article 40 runs counter to the European trend that any breaches of restrictions on freedom of expression should be regulated by civil law.
IPI and SEEMO, therefore, urge the Macedonian government to amend the draft of the Law on Informing the Public after consultation with independent Macedonian and European legal experts and media professionals.
We thank you for your attention.
Oliver Vujovic
SEEMO Secretary General
MARCH 2001
SERBIA DEFAMATION PROVISIONS
Vienna, 26 March 2001
IPI and SEEMO Release Report on Serbian Defamation Provisions
The South East European Media Organisation (SEEMO) today released a report entitled "Articles in Bad Faith: Criminal Defamation Laws in Serbia". The report highlights the repressive nature of criminal laws in this area and urges the Serbian government to review and amend articles in the Criminal Code of the Republic of Serbia concerning freedom of expression.
IPI and SEEMO said that these articles should be repealed, noting that defamation should be dealt with under civil law and that so-called insult laws have been used by repressive regimes to silence journalists reporting critically on the management of government affairs. The two organisations pointed to the importance of repealing these articles since they were used by the previous administration to stifle dissident views. In their letter to Serbian Prime Minister Zoran Djindjic, IPI and SEEMO stressed the need to establish a free and independent media which is "the foundation on which to build a democratic society".
The Secretary General of SEEMO, Oliver Vujovic, said that "the first and most important step for the new administration is to create a climate in which a free and independent media can flourish." He added, "the lack of freedom of the media during the Milosovic regime shows the importance of establishing such a climate since a repressive regime can only survive by limiting the free flow of information."
The Director of IPI, Johann P. Fritz, said that "unfortunately, in many parts of the world defamation is still treated as a criminal offence forcing many journalists to resort to self-censorship". The Director added that "as the Federal Republic of Yugoslavia and the Republic of Serbia moves towards taking their rightful place among Europe's democracies, the decision to repeal these laws would not only bring legislation into line with international standards but it would also send a strong message to other countries that there is no place for these repressive laws in a democracy, irrespective of the frequency of their application."
JUNE 2001
LATIFI
H.E. Boris Trajkovski
President
Office of the President
Skopje
Macedonia
Vienna, 15 June 2001
Your Excellency,
The South East Europe Media Organisation (SEEMO), an affiliate of the Vienna-based International Press Institute, is deeply concerned about the security of journalists in the Former Yugoslav Republic of Macedonia (FYROM).
SEEMO condemns the harassment of Veton Latifi, regular contributor to the Institute for War and Peace Reporting - Balkan Crisis Report, by the police in FYROM. Latifi, who also works for the Albanian-language programme of the Macedonian public television, was arrested at a police checkpoint on the road to Kumanovo on 9 June 2001. Police pointed guns at him, and he was threatened verbally. After about two hours, Latifi was released without explanation. Some of his computer disks were retained by the police.
This was the second time that Latifi has had trouble with the Macedonian authorities since the crisis erupted in the country. A month ago, police in Kumanovo arrested his father and detained him for one night without charges. In addition, SEEMO is informed about other disturbing incidents that journalists have experienced with the Macedonian authorities during past months. Most recently, Agence-France-Presse (AFP) correspondent Colin Neacsu and his interpreter, Lumni Murseli, were arrested on 8 June and beaten for several hours at a Skopje police station.
SEEMO urges Your Excellency to ensure that such actions do not reoccur and that all journalists working in Macedonia are allowed to carry out their profession without fear of harassment.
We thank you for your attention.
Yours sincerely,
Oliver Vujovic
Secretary General
JULY 2001
SERBIA ATTACKS
H.E. Vojislav Kostunica
President
Belgrade
Federal Republic of Yugoslavia
Vienna, 24 July 2001
Your Excellency,
The Vienna-based South East Europe Media Organisation (SEEMO), an affiliate of the International Press Institute (IPI), is writing to express its concern over a number of press freedom violations in the Federal Republic of Yugoslavia and Serbia.
On 12 July, Predrag Radojevic, a regional correspondent of the Belgrade daily Blic, was invited by the police in the town of Valjevo to engage in an "informative talk" about his work as a journalist. Prior to his meeting with the police, Radojevic had written a number of articles on local political affairs.
On 17 July, Dusanka Novkovic, a regional correspondent of the Belgrade daily Blic, was also invited by the police to discuss her work as a journalist. In previous articles, Novkovic had reported on the financial problems of a local company.
SEEMO urges Your Excellency to guarantee that the actions of the police force will not be repeated and to ensure that all journalists working in FR Yugoslavia have the right to practise their profession without fear of harassment or intimidation.
SEEMO is also concerned for the security of Milica Ivanovic, a reporter for the Belgrade news agency Beta and a contributor to the Belgrade daily Blic in the town of Leskovac. On 19 July, Ivanovic received a death threat in response to articles she had written concerning the expulsion by local authorities of an Albanian craftsman from his shop in Leskovac.
In the same period, SEEMO has been informed that several threats were made against Petar Milinov, correspondent for the Greek Ionian TV in Belgrade. Such threats are deeply worrying as they appear to originate from a neighbour of Milinov´s, who is working for the police force. Since the threats started in August 2000, Milinov has made five complaints to the local police in Belgrade.
SEEMO has also received information, from its partners in the region and the SEEMO HELP LINE for South East Europe, that there are a number of other cases involving threats made to journalists in FR Yugoslavia.
SEEMO urges the Belgrade authorities to do everything possible to ensure the safety of journalists in the FR Yugoslavia and Serbia.
SEEMO further urges the Yugoslav and Serbian authorities to bring to justice the killers of Serbian journalist Milan Pantic, shot dead on 11 June in the town of Jagodina. In addition, the Belgrade authorities must carry out full and proper investigations into the murder of Slavko Curuvija, director and owner of daily Dnevni telegraf and the magazine Evropljanin, shot dead in April 1999, and the unexplained death of journalist Dada Vujasinovic in 1994, a freelancer and contributor to the Belgrade magazine Duga.
SEEMO would remind Your Excellency that journalists play an essential role in any democratic society and that the murderers of journalists should not be allowed to escape with impunity.
We thank you for your attention.
Yours sincerely,
Oliver Vujovic
Secretary General
South East Europe Media Organisation (SEEMO)
International Press Institute (IPI)
OCTOBER 2001
SLOVENIA CASE MIRO PETEK
H.E. Milan Kucan
President
Ljubljana
Slovenia
Vienna, 2 October 2001
Your Excellency,
The Vienna-based South East Europe Media Organisation (SEEMO), a network of editors, media executives and leading journalists in South Eastern Europe,is deeply concerned about recent developments in the Republic of Slovenia.
In particular, SEEMO is worried that more than seven months after Miro Petek, an investigative reporter for the Slovene daily, Vecer, was attacked in front of his house in Mezica, the attackers have still not been apprehended.
Petek, who reports on the connection between politicians and criminals, was attacked on 28 February. The attackers broke his nose, and his skull, jaw and cheek-bones were fractured. As a result of the attack, he lost his sense of smell, his eyesight is poor, and he was unable to work for five months.
In SEEMO's opinion, the fact that the Slovene police, in a press conference on 3 September, attacked the country's journalists for claiming that the investigation into the case was ineffective and even blamed the media for the inefficiency of the police, is proof that the authorities are investigating the case in an unprofessional manner.
SEEMO urges Your Excellency to do everything in your power to find the attackers of Petek and to ensure the safety of journalists working in Slovenia. We also urge the authorities to end the intimidation of Slovenia´s journalists, who have an important observer role in SEEMO, and remind you that journalists play an essential role in any democratic society.
Yours sincerely,
Oliver Vujovic
Secretary General
Cc: H.E. Janez Drnovsek, Prime Minister, Slovenia
H.E. Rado Bohinc, Minister of Internal Affairs, Slovenia
NOVEMBER 2001
ALBANIA ATTACK
His Excellency Ilir Meta
Prime Minister
Tirana
Albania
Vienna, 14 November 2001
Your Excellency,
The Vienna-based South East Europe Media Organisation (SEEMO), a network of editors, media executives and leading journalists in South Eastern Europe, and an affiliate of the International Press Institute (IPI), strongly condemns the violent attack on Nikolle Lesi, publisher of the independent Albanian newspaper, Koha Jone.
According to SEEMO's sources, on 8 November, Lesi was assaulted in Tirana by an unidentified assailant, who physically assaulted the publisher and threatened him with a gun. We understand that the attack was related to articles published in Koha Jone.
SEEMO urges Your Excellency to do everything in your power to bring to justice those responsible for this incident. We also respectfully remind you that it is the duty of the state to provide an environment in which media professionals are able to carry out their duties without fear of attack. We ask you to ensure the safety of all journalists working in Albania.
Yours sincerely,
Oliver Vujovic
Secretary General
Cc: H.E. Ilir Gjoni, Minister of Public Order, Albania
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