REFORM OF MEDIA IN BOSNIA&HERZEGOVINA

Winning the Offered Freedom

AIM Sarajevo, 27 January, 1999

"Politically controlled media have helped breaking out of the war. Independent and open media will help preservation of peace. That is why reform of media is of vital importance for creation of self-preservable peace". This is what is written in the first chapter of the annex of recently adopted Madrid Declaration of the Council for Implementation Peace in Bosnia & Herzegovina, ambitiously titled "Reform of Media", which finally dictates the role and character of media in Bosnia & Herzegovina in stabilization of peace in this part of the Balkan.

The Dayton peace accords, as a document which has interrupted bloodshed in Bosnia & Herzegovina, did not explicitly deal with media, in other words neither through the form of a special annex nor an article did it prescribe behavior of the media in establishing peace. This conditionally speaking oversight is often characterised as a major mistake of the creators of the peace agreement. However, the document in annexes on democratic elections, protection of human rights, refugees and displaced persons, strongly accentuates freedom of media as a condition for implementation of the civilian part of the peace document, so one can judge that although not specific, the peace agreement did, after all, proclaim the goal of the fourth estate: independent and highly professional media in the service of establishing self-preservable peace. For achievement of the goal set in this way, the Dayton Constitution for B&H, along with constitutions of the entities, guaranteed freedom of speech, and B&H ratified numerous international documents on fundamental human rights which include provisions on freedom of media and expression.

But, the past three postwar years - which were due to very small progress diplomatically called the "period of consolidation of peace" by international representatives in B&H - have shown that obstruction of the peace agreement is still the domineering determinant of B&H reality. Resisting overall implementation of the Agreement was the expected reaction of the parties in B&H bound by it because it has never exactly been the embodiment of their political goal, but on the contrary, they categorically denied it. During this extendable period of consolidation of peace, media have been the mirror which reflected lack of readiness of the ruling oligarchies to implement what they had signed under pressure exerted by the world. The image of single-party authorities, unfortunately, also reflected on the media which called themselves independent and induced them to shut themselves up within borders of three media spaces which were determined by territorial and ethnic exclusiveness of the parties in power.

Declarations that B&H media have not played the role they had been expected to play for the very reason that the Dayton peace agreement had not clearly prescribed what they should do correspond to the generally accepted stand that prosperity of B&H should be dictated and implemented by tutors of the peace agreement. However, the fact that the Dayton peace accords are not explicit when media are concerned, that is that there are no clearly prescribed norms of their behavior, can be considered as the intention and expectation of the creators of peace that the media would develop their professionalism and independence outside the predetermined system of regulation, solely by self-regulation and by accepting the ethical code of journalism as a normal rule of behavior and not as an exception of highly moral individuals in the profession.

Failure of self-regulation in media could be explained by the current political and economic conditions in the country: Bosnia & Herzegovina still has not initiated the process of transition which results in the legislative vacuum, privatisation which has not even started yet, in the absence of free market, impossibility of marketing activities and low purchasing power. On the other hand, domination of ethnic parties results in inadequate judicial protection of journalists and exaggerated feeling of fear for a published stand and in constant support of the authorities to controlled media, from financial, through provision of sources of information, to help in distribution, marketing and even purchase of the whole circulation in advance. That is the reason why the Madrid reform of media prescribes simultaneously reform of the judiciary and adoption of entity legislature which will guarantee principles of editorial independence and new legislature of the system of the media - which should be achieved by mediation of the Independent Media Commission (IMC). But, it is also expected that higher professional standards and journalists' ethical norms will be adopted, which, as the Madrid Declaration states, is the question which should be resolved by journalists themselves. In order to make professionalism and independence of media in promoting pluralism, tolerance, coexistence, and even education of the public about the peace process an obligation and not just a recommendation to the media, the international community has decided to change its former donors' philosophy of aid in B&H and to condition it by a certain manner of behavior. If during the war years, the aid to independent media was mostly based on mere survival, nowadays they are expected to take peace action prescribed by Dayton accords and steps towards market self-viability. Only for such a role media would be "awarded" by further support of the donors' community.

Achievement of a high level of professionalism and true independence will, without doubt, be the most difficult and most demanding task of the journalists. For decades "cherished" psychology of media subordination is unfortunately the powerful heritage of the communist regime which still obstructs acceptance of freedom of speech. Freedom of speech is often perceived partially - solely from the aspect of rights, never obligations - so that establishment of a general ethical code of the profession will have to be the joint goal of numerous journalists' associations in whole of B&H regardless of their ethnic or territorial affiliation. By observing the ethical code of the profession which will be reflected in the responsible discharging of duties and establishment of a system of values in which professionalism and independence will be a rule, and not an exception, a chance will be created for rehabilitation of the journalists' identity. This profession would in this way be reasserted instead of enjoying the present reputation that journalists are producers of evil.

Another step towards self-regulation of media in the spirit of values from the peace agreement can be the document on cooperation of different journalists' associations in B&H (signed in the end of last year), and the preliminary code of the profession which provides establishment of a council of journalists (a sort of a court of honour) which would discriminate journalists who disregard the ethics of the profession.

On the other hand, disregard of professionalism by B&H media the way Dayton accords and the announced reform recommended, may as a consequence result in a document of the international community which will instead of proclaimed norms of behavior, firmly dictate the way in which the journalists should work and prescribe sanctions for those who disobey. Not even with the best intentions, creators of peace in B&H would then be able to interpret this as the achieved freedom of media. Media protectorate (read - international censorship) which such regulations could turn into, threatens to be a boomerang which would get back at the still drowsy journalists in Bosnia & Herzegovina.

Drazena PERANIC

AIM Sarajevo