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Journalists in the Balkans are under pressure – the European Federation panel in Zagreb

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At the Annual Meeting of the European Federation of Journalists (EFJ) in Zagreb, a panel discussion entitled “Journalists under pressure in the Balkans” the researchers from seven countries presented the index for the level of safety of journalists from the Western Balkans for the past year.

The representative of the Association of Journalists of Macedonia (AJM) Milan Spirovski at the position of project researcher had his presentation where he presented the indicators and current trends in the context of the safety of journalists in North Macedonia.

In front of the audience of seventy delegates from journalists ‘associations from several European countries he said: “Last year the number of cases against journalists and media in North Macedonia decreased but the general policy of impunity continues, especially for the old cases where journalists’ rights were violated. Only two of the 14 cases have been resolved by court ruling, and public condemnation of relevant actors for attacks on journalists has already become a practice. However, there are examples of public humiliation by party representatives against journalists.”

At the panel, AJM pointed out that is continuously requesting special departments within the criminal court and the prosecution with aim to increase the efficiency in the protection of journalists’ rights, especially now before the new amendments to the Criminal Code which provide additional institutional protection for journalists.

The panel was part of the EFJ Annual Assembly, which represents over 320,000 journalists from 44 countries and 70 journalists’ associations. The event was attended by Dragan Sekulovski, the AJM director in the role of delegate and Milan Spirovski as a researcher and co-author of the annual report on journalists’ safety indicators.

November 8, 2021, Zagreb

Filipovic convicted for endangering safety of Tadić Mijović

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Foto: PR Centar (printscreen)

PODGORICA, 8.10.2021 – Bozidar Bosko Filipovic (56) from Petrovac was sentenced to three months in prison for endangering the safety of the director of the Center for Investigative Journalism of Montenegro, Milka Tadic Mijovic, Vijesti published.

In August, Filipovic verbally attacked Tadic Mijovic in Petrovac.

The convicting decision was made by the judge of the Basic Court in Kotor, Momirka Tesić, who extended Filipovic’s detention.

During her closing arguments, state prosecutor Andja Radovanovic requested that Filipovic’s detention be extended.

In his closing remarks, the attorney of the injured party, Tadic Mijovic, lawyer Aleksandar Djurisic, assessed that the presentation of evidence undoubtedly established the factual situation, ie proved that there were elements of the criminal offense of Filipovic.

“The testimony of the injured party Tadic Mijovic is fully confirmed by witness Radovic (Milos). And if that is not the case, the fact is that the injured party is innocent, without a criminal record and is engaged in socially useful public activity that sometimes attracts attention. In a specific legal matter, it is untrue that she wrote an article to which the defendant refers in his defense as the reason for this event, “said Djurisic.

Defendant’s attorney, Slavica Ilic, in her closing arguments, requested that Filipovic’s custody be lifted. The defendant asked for the same.

Filipovic, a former boxer who is marked in the police records as an interesting security person, was arrested in mid-August in Petrovac after he verbally attacked a journalist and threatened her.

The 56-year-old did not plead guilty at any stage of the proceedings but claimed that he was trying to protect the journalist from a verbal attack by a certain person while she was parking.

Jovanovic: Safety of all honorable journalist is endangered

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Jovanovic (Private archive)

PODGORICA, 07.10.2021. – Journalist at daily Vijesti, Jelena Jovanovic, in August this year got 24-hour police escort. She has filed a criminal charge against suspected of two mureders and his lawyer, after she received a letter, mailed as “reaction”, which contained information where journalist lives. Jovanovic interpreted this as serious threats and attempts to intimidate and discredit.

Despite everything, this journalist doesn’t give up, as she says, the maximum giving to journalism. In interview for Safe Journalists, Jovanovic points out that the state does too little to protect journalists, and that polarization can lead to even worse position of media community.

TUMM: How does life look like with a police escort?

Jelena Jovanovic: This is not the first time that I have 24-hour police escort, so it took me much less time to get used to a completely changed lifestyle, which implies that at no time, outside my home and outside the newsroom, can I be alone and free. Of course, none of this is easy to get used to, because it just isn’t natural. The very feeling that I’m not free to go alone, with my family, partner, friends… wherever I want, even if it was a walk to the city, awakenes anger in me. I am angry at myself and the whole society because we allowed that someone who is just doing his job must fear for his life. Still, the first time I was assigned police security in 2018, I’ve learned that it’s easier when I accept it. Police escort implies that they are now, simply, part of my life – we go to work together, to hiking, to parties, funerals, to a cafe, cinema, birthdays, we walk together… With the fact that, if I am not in a public space (cafes, beach, mountains), when I get to the location where I will be staying, they are waiting in front of the room. I am forbidden to use my car, which means that at no time, when I’m out of a safe location, I can be alone, even if it meant going to the drugstore to get cigarettes or going to the hairdresser. This makes life and work much more difficult, because some sources from the security services do not want to see me as long as I have safeguard. Somehow I manage to overcome that problem as well.

TUMM: How do the police treat you? Do you trust them?

Jelena Jovanovic: Police officers which have been assigned to me are extremely professional and they treat me with a lot of respect and understanding. Last time, when five officers were on the team guarding me, and now, I was lucky that they were really wonderfull people who know their job. I trully believe that, in the event that someone sets out to endanger me, they would protect my life.

TUMM: You have experienced several threats and attacks. Which case was the most stressful for you and why?

Jelena Jovanovic: The most stressful, traumatic and by far the most difficult case is the murder of my interlocutor at the table, when I was not direct target of the attack, but it left significant consequences on me, trauma and a long-lasting recovery that is still ongoing. Of the other attacks and threats, of which I no longer know the number, I can’t even remember which one I would single out, because they were all traumatic in their own way. The biggest feeling of threat to me, if it can be graded at all, was caused by the last threats, because they come from the person suspected by the prosecution of two murders, even for the murder I witnessed, which is associated with the notorius Kavach criminal clan, whose cruelty we are all witnesses to. On the other hand, I felt most helpless when one of the members of the Skaljar criminal clan came to the newsroom to threaten me. It was then that I realized that they choose neither time nor place and that journalists in Montenegro are not fully protected anywhere.

TUMM: Why are you the target of the attacks?

Jelena Jovanovic: This is a question I often ask myself. The overall climate in the country, which has lasted for years, has led to journalists being an easy target for insults, threats, attacks… Such a climate was further complicated by state officials, who often targeted us as enemies, and by corrupted police officers who shared information with criminals – which journalist is interested in which case, and according to my information, they plotted to hide their affiliation with the mafia. Also, recently a representative of one of the clans informed me that, when they tried to deny the text in other media, „journalist“ of that media „suggested“  that it would be good for them to deny my texts as well, because „I write much worse things“. In my opinion it’s unacceptable and it’s drawing a target, unfortunately, this time as a couple of years ago, comes from our profession which really struck me.  After all these years, I believe that this is the case with others, those who are afraid of the truth, when they saw that I did not back down from gossips, slanders, offensive comments under my texts, insults… subtly offering a “better job” so that I would not wrote, they moved to the next level – threats. On the other hand, there are those for whom threat and/or attack is the first and only option, because their consciousness is distorted by the crime they live in, for which until recently they had the support of those who were supposed to sanction them.

TUMM: Have you reported every threat you received? How satisified are you with the response of the institutions?

Jelena Jovanovic: I did not report all threats, especially not the “subtle” ones on social networks, but also those throwing in a cafe, on the street, provocations… I did not report threats from mothers who do not blame their children for crimes, nor the police who prosecuted them, but they come to threaten me, because I published their names… I thought it was not worth paying attention to, and now I believe I did the right thing. I have reported serious threats and in all cases so far the institutions have had an adequate response. The only unexplored things that remain and where I think the prosecution has failed are the threats due to the texts about a potential protected witness for the murder of Dusko Jovanovic. If the prosecution had recognized the seriousness of the threats then, today, at least in our ranks, there would be significantly fewer of those who disgrace our profession by working for the benefit of the mafia.

TUMM: How much support do you have?

Jelena Jovanovic: I have the exceptional support of family, friends, colleagues from the main editorial office, but also others, journalist associations, Trade Union of Media, the Commission for Monitoring Investigations of Attacks on Journalists and Media Property and all honorable people, who express it at every opportunity. Precisely because of this, I never thought of giving up the search for the truth.

TUMM: How do you perceive conditions in which journalist work in Montenegro? We think, first of all, of security but, also, of socio-economic conditions.

Jelena Jovanovic: The safety of all honorable journalists in Montenegro is endangered, because it is a matter of days when someone will disturb our work. Unfortunately, apart from the statements given when something happens, the state does nothing to protect us, except that, “when the water reaches the floor”, it assigns security to the journalists. Socio-economic conditions are catastrophic. I think that it is also our fault, because we are not in solidarity when it comes to resolving the basic conditions in which we work.

TUMM: Have you ever considered giving up journalism? Are you scared?

Jelena Jovanovic:  No. Threats, attacks, insults, an inadequate reward for my efforts, in the form of a monthly salary, didn’t forced me to give up.

I am afraid that it will be worse than this, because it is the division of media representatives that can put us all in an even worse position than we are in now. And position is desperate. When it comes to my life, I can’t say I’m not afraid that someone who threatens me will really take the next step, but at the same time, I suppress those feelings, because living in fear, like fear itself, paralyzes a person, and I’m not used to living like that. I firmly believe that the recent events will strengthen me, as well as all the previous ones, and that those who threaten journalists, attack them, intimidate them… will be adequately punished for that.

 

 

 

The right to know, but not Everything and not Promptly

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Foto: Pixabay

The holiday that we have been “celebrating” for fifteen years, The International Day for Universal Access to Information, was marked in Serbia last week, at the same time while we are waiting for the change of the law that regulates access to information. Civil society organizations believe that the proposed solutions are inadequate, and the analysis shows that the information in the future could come months after sending FOIA.

Exclusion of some institutions from the supervision of the Commissioner, longer time to act on complaints, lack of decision-making in regards to the public interest – these are some of the changes anticipated if Serbia approves changes of the Law on Free Access to Information of Public Importance.

The current Commissioner for Information of Public Importance, Milan Marinovic, sees the reforms as a good thing. While marking The International Day for Universal Access to Information, Marinovic said that the modifications will contribute to a more efficient practice when it comes to the right to information. As he said, citizens will get information from the authorities faster and easier.

Journalists’ associations and civil society organizations do not agree with him.

After the first draft was published at the end of May this year, a group of organizations raised objections to the proposed solutions.

“We especially emphasize that the introduction of new solutions that reduce the achieved level of the right to access information and its protection would be not only bad but also unconstitutional,” the statement holds.

They added that the Ministry of Public Administration and Local Self-Government (MDULS) formed the working group without public involvement and that due to the difficult access to the text of the draft, civil society representatives presented their proposals late, but most of them were not even included in the Draft Amendments to the Law.

They added that this draft won’t solve the problems detected earlier.

 

The public’s right to know: what can change

One of the planned changes is the additional exclusion of institutions from the competence of the Commissioner.

If we approve the law amendments, it will not be possible to file an appeal to the Commissioner against the rescript of the National Bank of Serbia (NBS). If this institution does not respond to the FOIA request, an administrative dispute may be initiated. This way, NBS was equated with the Government, the National Assembly, the Supreme Cout, Constitutional Court, and the Republic Public Prosecutor.

Data from the Commissioner’s office show that the media, citizens, and the civil sector used the opportunity to appeal against rescripts of the NBS. From March 2013 to the beginning of September this year, more than 100 complaints were submitted to the Commissioner due to the failure of the authorities to act or submit the requested information. Most of the information they were looking for had to do with spending money: salaries, donations, and sponsorships.

In some cases, there was no response from the NBS, while they appealed the decision.

If the proposed changes are adopted, the Commissioner will no longer decide on this.

If these changes are adopted, the Commissioner will be able to initiate misdemeanor proceedings.

The analysis of the changes published on the MDULS website also states that the current version of Law leaves the probability of misuse. It is also stated that a large number of applicants do not file a complaint to the Commissioner, but initiate misdemeanor proceedings themselves. This is also mentioned in the annual report of the Commissioner.

Current law provides the possibility of paying the imposition and collection of fines.

The person in charge of responding to FOIA requests will pay fines up to 50 thousand dinars if, among other things, he/she refuses to receive the request, does not act upon it, or submits incomplete or inaccurate information, does not act upon the Commissioner’s decision.

According to the data NUNS obtained from the Misdemeanor Court in Belgrade, from the beginning of 2018 till the end of August, 36 disputes related to FOIA requests were initiated. Disputes were initiated due to non-compliance with the received request, two because someone’s right regarding access to information was disabled, two because The Commissioner was not allowed to inspect the documents.

 

Information could come months after

One of the proposed changes is that the Commissioner is given twice as much time to resolve the appeal. The deadline was extended from 30 to 60 days. That means that some information could come months later.

If, for example, you send a FOIA request on June 1st, the institution is bound to respond within 15 days (except in the case when, due to the volume of information, it immediately extends the deadline for response to 40 days). If they do not reply, you can file a complaint to the Commissioner starting June 17th. He has up to 60 days to act on it. So he can, for example, require the institution to answer you on August 17, and they have a deadline for that.

This would mean that you can get the information you requested on June 1st up to three months later, in September.

This is valid if the Commissioner does not revoke the decision and order the institution to respond again. What this means: The Commissioner can annul the decision by which the institution refused to answer you. Then the institution rules again, and if they reject your FOIA request one more time, you can, again, appeal to the Commissioner. The analysis of the Center for Investigative Journalism of Serbia (CINS) showed that the Commissioner is increasingly asking the institutions to decide again on the FOIA request, so in the last two years the number of such decisions has almost doubled.

This prolongs the process of obtaining information of public importance and potentially loses relevance.

 

What we wouldn’t know without FOIA

Some of the biggest journalistic discoveries in Serbia were made specifically because of access to information.

How many medical ventilators are there in Serbia at the beginning of the epidemic, how many people have been vaccinated, as well as the information that the court postponed the imprisonment of supporter Aleksandar Stankovic, called Sale Mutavi, 12 times, and also that some Belgrade ambulance patients were left without medical care – these are just some from a discovery that would remain hidden from the public if there weren’t for FOIA requests.

 

The article was created as part of the project “Improving Dialogue between Journalists’ Associations and Parliaments in the Western Balkans for a Stronger Civil Sector”, funded by the Swedish International Development Cooperation Agency (Sida) and the Balkan Civil Society Development Network (BCSDN).

The content of this article, as well as the information and views presented, do not represent the official views and opinions of Sida and BCSDN. Responsibility for the information and views expressed in this text is entirely copyrighted.

Public consultations completed, SMCG sent dozens of proposals

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PODGORICA, 4.10.2021 – The Ministry of Public Administration, Digital Society and Media recently completed public consultations regarding the reform of media legislation.

The subject of discussion was the draft law on audiovisual media services, the Law on Media and the Law on the National Public Broadcaster Radio and Television of Montenegro (RTCG).

The Trade Union of Media of Montenegro (SMCG) sent dozens of proposals aimed at improving media legislation.

A significant number of proposals refer to the draft law on audiovisual media services, since it has been in draft form for many years. After it was recently returned with an expert review by the Council of Europe, the ministry offered it to the interested public. The goal of the proposal of the Media Union is mostly to protect the sustainability and independence of local public broadcasters, as media whose employees are in the most difficult position. A number of provisions have also been proposed in order to enable greater transparency in the work of local media financed from public revenues.

Although it has been in use for just over a year, the SMCG has also identified certain problems in the Media Law. Provisions are proposed to additionally protect the integrity of journalists, as well as all other workers who work on creating media content. Also, an amendment to the definition of media content and online publications has been proposed, in order to remove the doubts that currently exist. The subject of the amendment was the introduction of mandatory media registration, as well as the mandatory publication of media records by the responsible authority.

The Law on RTCG is also proposed to be amended, especially when it comes to the election of members of the RTCG Council. The SMCG considers that it is necessary to further specify certain provisions in order to avoid different interpretations. Also, additional regulation of the status of the Ombudsman has been proposed, and additional attention should be paid to the provisions prescribing conflicts of interest. Also, the protection of the integrity of all employees who work on creating media content should be ensured, not only journalists, which is currently the case.

The public consultations lasted until September 27.

AJK’s Board discusses over plans and projects for the last quarter of this year

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The Board of the Association of Journalists of Kosovo – AJK, today held its next meeting, where 7 out of of 9 members of the Board participated.

The Chairman of the Board, Xhemajl Rexha, informed the other members about the meetings  that he held with the ambassadors of international organizations in Kosovo, the MoUs signed with AAB College and forumZFD.

They also discussed about the activities that are planned  to be implemented in the upcoming months, as well as the need of journalists, camera operators and photojournalists to have a single institutional accreditation, in order to perform their duties easily.

AJK and forumZFD – Kosovo Program sign a Memorandum of Understanding

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The Association of Journalists of Kosovo – AJK and forumZFD Kosovo today signed a Memorandum of Understanding.

The Memorandum was signed by Xhemajl Rexha, Chairman of the AJK Board, and Nehari Sharri, Country Director of forumZFD Kosovo, to launch the first steps of a long-term partnership between the organisations.

The first project of this cooperation will be an online training for journalists in the field of Dealing with the Past (DwP) and Conflict-Sensitive Journalism. This training will be conducted by journalism professionals and researchers in the field of communication and all materials will be offered in three languages: Albanian, English, and Serbian.

The memorandum has been signed to the benefit of both organisations which will enable further training and professionalization of journalists to report on conflict-sensitive issues.

May be an image of 3 people and people standing

The Chairman of the Board of AJK, Xhemajl Rexha receives Ambassador Nancy Soderberg – Senior Resident Director of NDI Kosovo

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The Chairman of the Board of the Association of Journalists of Kosovo – AJK, Xhemajl Rexha, today held an introductory meeting with the Ambassador Nancy Soderberg – Senior Resident Director of the National Democratic Institute – NDI Kosovo.

While highly appreciating their commitment so far, they discussed about  the deepening of cooperation  by organizing lectures, trainings and workshops which will enable further training and professionalization of journalism students and journalists.

Present at the meeting were also the Executive Director of AJK, Getoarbë Mulliqi Bojaj, Pajtim Gashi – Program Manager at NDI and Adea Beqaj – Program Officer at NDI.

SJ Network sent a letter of concern about situation of jeopardizing media freedom in Albania

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Foto: Pixabay

SafeJournalists Network sent a letter of concern on 28 September 2021 to the European Federation of Journalists, the European Broadcasting Union and Olivér Várhelyi, Commissioner for Neighborhood and Enlargement regarding the current situation of jeopardizing media freedom in Albania.

First of all, SafeJournalists Network expressed its concern about the delayed election of the Director General of the Public Service Broadcaster in Albania (Radio Televizioni Shqiptar – RTSH) for more than 7 months now.

“We express our concern that there is no substantial justification for the delay in electing a new Director General, whose role is crucial for the performance of the RTSH as the only public service media in Albania. We are also concerned about the proposals from the transitional director of the institution for changing the organizational structure of RTSH which are in contradiction with his mandate as a transitional acting director. This transition period might lead to potential abuse of power and distortion in the functioning of RTSH which could potentially impact overall media freedom in Albania”, it is stated in the letter.

SafeJournalists Network also expressed its concern regarding the establishment a new Agency for Media and Information, that will centralise all governmental public communication, monitor media and which will be led by the government’s spokesperson, whose position will be “at the same level as that of a state minister” and reporting to the Prime Minister Office. It is said in the letter that they are concerned by the practice of centralising communication and closing the doors to journalists, particularly independent, critical and investigative journalists by hindering media freedom in Albania.

They also asked in letters from everyone to react and provide support and assistance as much as they could so Albania could ensure that European standards of freedom of expression and media are upheld.

SafeJournalists Network, that gathers more than 8,200 members in the Western Balkans, composed of journalist associations (BH Journalists Association, Trade Union of Media of Montenegro, Croatian Journalists Association, Association of Journalists of Kosovo, Association of Journalists of Macedonia and Independent Journalists Association of Serbia), including journalists from Albania, act upon violations of journalists’ rights, endangering their safety and limitation of media freedoms.