LAW ON TELEVISION OF THE B&H FEDERATION

PARTIES GET THE COMMERCIALS AND CITIZENS THE BILL

AIM Sarajevo, July 22, 1999

Creating a federal RTV which would primarily be a public service turned and answerable to its viewers, rather than a propaganda machinery of the current authorities sounds like a "mission impossible" . The very concept of a new, federal RTV has been proclaimed an issue of "vital national interest" from the very beginning, which in B&H means a painstaking and long adjustment process with an uncertain end. If the end ever comes it usually means a number of compromises which are the result of mutual trade in concessions between the federal partners - the ruling national parties SDA and HDZ.

For a long time now the authorities in these Balkan regions have considered the control over television as their prerogative. In simple terms, the one who owns television has the power, and vice versa. That is why it is not surprising that all the efforts in B&H so far, especially those of the international community, aimed at transforming the three existing TV organisations from political service of the authorities into a public service of citizens did not bear fruit. At the moment, the RTV B&H covers only the part of the Bosnian Federation inhabited by the Bosniac majority, while the neighbouring TV Croatia, whose programme is re-broadcast by "Erotel", is calling the shots in other parts of this Bosnian entity. It seems that this situation suits both the SDA and HDZ. Still, under pressures exerted by the international community time has come to establish a new RTV FB&H.

From the beginning there was a dilemma whether to introduce one TV and one radio channel, as the Bosniac side insisted, or two channels, each with a different national programme, which was the suggestion of the Croatian representatives. Finally, the Government of the B&H Federation agreed to set up two channels and submitted a bill to that effect to the Parliament. The SDA political leadership was not very happy with this proposal, not because it was categorically against national TV channels, but because in their opinion their partner's demand for two channels was too easily accepted while they could have bargained more about this demand and got a better "price".

This is further corroborated by the fact that during final review of the bill on federal TV, the federal ministers considered the decision on two channels to be final only objecting against the provision which was included on the insistence of OHR. Namely, that provision stipulates that in the first term, the OHR would elect 14 out of 21 members of the Council, the highest body of the future RTV of the B&H Federation, while the remaining seven would be elected from among the members of parliamentary parties but on condition that none of them holds any judicial, legislative or executive office. The federal partners agreed on this issue against the OHR, but since the OHR's demand had the form of an ultimatum, they could only "grumble".

The question of the property of the future RTV FB&H gave rise to new confrontations between the Bosniac and Croatian representatives. It goes without saying that the technical and human resources of the RTV B&H will constitute the basis of the new television organisation. The question is whether RTV B&H will be financially compensated for that transfer, which the Federal Prime Minister Edhem Bicakcic insists on, or grant it without payment, as the Croatian side thinks fit.

Just when it seemed that the stands were coordinated, i.e. that the draft law as approved by the OHR was accepted and would be forwarded to delegates in the Federal Parliament, things went back to square one. By majority of votes, at the proposal of the SDA coalition, the Chamber of Deputies of the Federal Parliament adopted an amendment on the introduction of one radio and one TV channel within the Federal RTV. Naturally, it was clear from the very beginning that this proposal had no chance of being adopted by the Chamber of Nations of the Federal Parliament in which, in contrast to the Chamber of Representatives, delegates have the right of veto when it comes to questions of "vital national interest", which the Croatian side clearly considered to be the case.

The result of this move was further delay in the adoption of the law and setting up of the RTV FB&H and maintaining the status quo. It is not hard to anticipate future course of events. Sooner or later, the Chamber of Nations of the Federal Parliament will pass the law on federal RTV, naturally in its original form - with two TV and two radio channels. In order for a law to come into force both Chamber of the Federal Parliament have to adopt it with the same wording which will in this case mean new adjustment of the text and a second vote on the original text in the Chamber of Representatives. Judging by the current expediency of the deputies, this procedure will take up at least one month, maybe more. Until then, it will be the same old story, i.e. each federal partner will keep indirect control over its television.

It is indicative that as soon as the establishment of the federal RTV became a sure thing, the "Bosniac Radio&Television" started operating in Sarajevo as a commercial project with the full support of the ruling SDA. In this fight for the "souls" of their subjects, the current federal authorities have an additional trump card up their sleeve, "just in case"- cantonal and local commercial RTV stations. It is estimated that ultimately, the international community could distance the new federal RTV from the direct influence of the authorities which is why an alternative solution was sought in these "local" media. Since they are financed from the cantonal budgets and that moneys are not spared for these purposes, it is clear that this makes it possible for the parties to influence the editorial policy which gains in importance with the fact that the coming spring will see new elections.

In such a situation it is unrealistic to expect that the new federal TV would become operational as a public service free of daily political pressures. All the more so as the SDA and the HDZ see national channels primarily as their exclusive sphere of influence as they have long ago proclaimed themselves as sole protector of the interests of "their" respective nations. The only one who in this whole story has no say are ordinary people who are expected to regularly pay for their TV subscription which they get together with their electricity bills and to watch what they are served on (para)state TV stations. Only if they have not already switched to satellite programmes.

Drazen SIMIC

(AIM Sarajevo)