Banja Luka / Sarajevo, January 22, 2021 – The Steering Committee of the BH Journalists Association and the Free Media Help Line (FMHL) strongly condemn the brutal insults directed at the team of the Capital portal from Banja Luka by Marinko Umicevic, member of the Senate of Republika Srpska, SNSD councilor in Banja Luka City Assembly, president of the RS Handball Federation and technical director of Bema factory.

During a phone call made by Capital journalist Bojana Ninkovic to Umicevic with a request to comment on the fact that the Handball Club “Borac m: tel” received a grant from the City of Banja Luka in the amount of 126,867 BAM in 2020, while Umicevic was vice president of that club, Umicevic uttered the most insulting insults and swear words against the journalist of Capital and the director and editor-in-chief of that portal Sinisa Vukelic, which we will not quote in this text out of decency.

This is another in a series of cases reported to the FMHL in recent months in which politicians and high-ranking public officials in Republika Srpska verbally attack, threaten, insult and humiliate journalists, thus “responding” to their requests for access to the information of public interest.

Despite the fact that the Steering Committee of BH Journalists has repeatedly publicly reacted and regularly reported such cases to the competent institutions, and appealed to the RS authorities to protect media freedom and the right of journalists, as well as all other citizens, to live and work in a safely environment, the situation seems to be only getting worse for media professionals in this entity, but also across the country. Particularly “targeted” are those who deal with investigative journalism and reveal numerous corruption scandals, which is why they are exposed to daily pressure, insults and hate speech on social networks and portals, and reckless attempts to compromise their personal and professional integrity.

We remind that the latest report of Human Rights Watch stated that “public officials in BiH encourage xenophobia, do not tackle discrimination and put pressure on journalists”, and the European Commission in its latest report also expressed serious concern over the growing political pressure, intimidation and threats to journalists in Bosnia and Herzegovina. A survey of BH Journalists found that in the last three years, more than 40 percent of media workers have been exposed to threats and intimidation, mostly by politicians and public officials.

The BH Journalists will continue to use all available means to protect the rights of journalists and to advocate for free and independent journalism. We will report this case, as well as all the previous ones, to domestic and international institutions and organizations for the protection of media freedom.

We expect representatives of the authorities in BiH at all levels and leaders of political parties to publicly and concretely condemn and sanction their members who treat journalists the way Marinko Umicevic does, thus showing that their support for free media in a democratic society is not only at the level empty phrases.

Steering Committee of the BH Journalists Association/Free Media Help Line

PODGORICA, 22.01.2022 – With the adoption of the amendments to the Criminal Code, which tightened the penalties for attacks on journalists, some progress has been made in the field of media freedom, and this is the result of the initiative and long-term efforts of the Trade Union of Media and the Human Rights Action. Also, for the first time in many years, the European Commission noted in its report limited progress in media freedom. And that is the end of the list of positive developments.

During 2021, we had the largest number of attacks on journalists, and the targets were employees from different newsrooms, with different editorial policies, all because of the deepened political divisions in society. Also, old cases of attacks still remain unresolved. Due to numerous announcements by the top authorities that there will be progress in the investigation of the murder of Dusko Jovanovic, we expect concrete results this year, so that everything would not remain just an empty story.

The pressure on media employees has also increased, and although the state has repeatedly and in many ways generously provided financial assistance to the media, employees have not felt this help, but still fear dismissal and reduction of already low salaries.

The economic situation of media employees remains poor. In a survey conducted by SMCG in 2021, media workers testified about the conditions in which they work and 45 percent said they had to be censored, 47 percent of respondents said media owners influenced their work, 37 percent felt political pressure or mixing, and an incredible 78 percent claim to work overtime and that work has never been paid to one part of them. The assessment is that we as a profession and individuals are generally unfree and non-solidary. If we add salaries to this, which are mostly below the national average, it is clear how difficult it is to deal with the media in Montenegro, where it is still impossible to determine how many people are employed in the media and how many of them are journalists.

A special and standard problem of the media community is local public broadcasters that are fighting for survival, while the Law on Electronic Media, which has been negotiated for years, is persistently not adopted, although according to the proposed solutions it should improve the financial situation of these media. Until the law is changed and the municipalities, as the founders, are obliged to make larger allocations, it is necessary for them to do something themselves and reduce debts to employees. It is also necessary for the state to get involved in solving the problem. We all expect a lot from the program “Europe now”, but we also ask how municipalities that were not able to pay even much lower salaries to employees in local public broadcasters (LPB) will withstand the announced increases. Now the situation is such that among the employees in LPB who are members of SMCG, the worst situation is in Radio Ulcinj, which owes as much as 15 net salaries, and about 230,000 euros in taxes and contributions. The plan of the Municipality is to further downgrade that media by opening a television, and for this year they have allocated 100,000 euros, which is enough for the total salaries until June, and with that much money they plan to start a television. In RTV Pljevlja, the last paid salary was received for September, and 380,000 euros are owed for taxes and contributions. RTV Herceg Novi owes its employees one salary and taxes and contributions for nine months. RTV Cetinje owes half a million euros in taxes and contributions. Only RTV Budva and Radio Tivat regularly settle their obligations.

To the list of accumulated problems should be added the deteriorating position of photojournalists and other media workers, but also the completely unregulated status of freelancers in the media industry. Non-compliance with copyright and various manipulations of photography greatly endanger the status of photojournalists. Due to that, their number was reduced to a minimum, so a dozen photo reporters were employed in more than 100 Montenegrin print and online media.

A special problem is the increasingly present hate speech in the media. The final launch of the story about the development of the media strategy and the change of the set of media laws gives at least a little hope that the state will find a way to regulate hate speech and to finally fully regulate this area.

Main Board of SMCG

PODGORICA, 19.01.2022 – The Trade Union of Media of Montenegro (SMCG) joined partners of the Media Freedom Rapid Response (MFRR) to renew our call for an end to impunity for the shooting of investigative journalist Olivera Lakić in 2018 and hope the recent arrest of suspects will lead to all those involved ultimately facing justice.

Our organisations also welcome the recent cross party approval of amendments to the criminal code which will strengthen protections for journalists but stress the need for further reforms to create a safe and open environment for independent journalism.

Lakić, an investigative journalist covering organised crime and corruption for the daily Vijesti, was shot in the leg outside her apartment in Podgorica on 8 May 2018. She was wounded but survived after being treated in hospital. The attack was first classified as attempted murder but later changed to grievous bodily harm.

Prosecutors said the motive for the attack was Lakić’s investigations into local crime gangs and their links with regional criminal organisations. Although numerous suspects were arrested in the wake of the attack, more than three and a half years later no one has been brought to trial for the broad daylight shooting and Lakić remains under police protection.

On 17 December 2021, Montenegro’s High Court ordered the 30-day detention of Branislav Karadzic and police officer Darko Lalovic, who are suspected by the Special State Prosecutor’s Office of following Lakić before the attack and passing on information about her movements to the “Kavac” drug gang. Concerningly, the officer worked in the same department of the police that is responsible for providing security for Lakić. If proven, involvement of the officer would be devastating for trust in the police force.

While the recent arrests are a welcome development, no formal indictments have been brought against them or any of those suspected of involvement in the shooting. Overall, progress in prosecuting those behind the attack remains painfully slow. Multiple members of the drug gang, including the alleged gunman, have been formally identified as suspects. However, the case remains in the investigation phase. Due to the sensitivity of the case, the High Prosecutors Office (HPO) and the Special Prosecutors Office (SPO) are declining to disclose secret information to the Commission for Monitoring the Competences of Threats and Violence Against Journalists, meaning little information is publicly available.

Our organisations see Olivera Lakić’s case as a litmus test for both the independence of the judicial system and the stated aims of the new government to improve the climate for media freedom by tackling cases of ingrained impunity for attacks on journalists. The 2004 killing of the director and editor-in-chief of the daily newspaper Dan, Dusko Jovanovic, remains mired in impunity, casting a dark shadow over the country’s landscape for media freedom. As Deputy Prime Minister Dritan Abazovic rightly noted recently, no journalist in Montenegro can feel fully safe until that case is solved.

A legal system in which these kinds of serious physical attacks on media workers are punished with appropriate sanctions is crucial. It is uplifting therefore that on December 29 the Parliament of Montenegro unanimously voted to pass amendments to the criminal code which prescribe stronger criminal protection of journalists. We praise the dedicated efforts of Montenegrin journalists’ unions, NGOs and civil society organisations which developed the bill in cooperation with the Ministry of Justice. Under the new law, those convicted of causing grievous bodily harm to those engaged in the dissemination of public information – as in the case of Olivera Lakić – will face penalties of up to eight years in prison instead of the current five years, with stricter punishments for journalists’ killers.

The passing of this legislation marks a welcome step forward on media freedom for the government of Prime Minister Zdravko Krivokapić. To be fully effective, it must be accompanied by funding for capacity building for law enforcement authorities and strong implementation of the legislation by prosecutors. A complementary next step in the fight for justice for journalists would be hiring a foreign expert to investigate Dusko Jovanovic’s murder. Though such an appointment was approved by the former Commission for Investigation of Attacks on Journalists three years ago, no action has since been taken. We urge the current administration to reverse this situation and address other recommendations of the Commission.

While the recent legislative development is welcome, much remains to be done to improve the wider situation for media freedom and independent journalists in Montenegro. As well as the major cases of engrained impunity, the day-to-day safety of journalists and precarious working conditions remain an issue of concern. Verbal and physical attacks and threats against journalists and media workers remain common. The attacks on Vijesti Television journalist Sead Sadiković in March 2021, the death threats sent to Antena M editor-in-chief Darko Sukovic and columnist Dragan Bursać in May, and the intimidation of Milka Tadić Mijović in August all illustrate the type of threats journalists face for doing their jobs. Denunciation by officials of all attacks and intimidation of journalists remains vital.

Separately, but of equal importance, efforts to complete the reform of Radio Television of Montenegro (RTCG) from a state media to a public service media must be handled in a non-political manner and always with the goal of increasing its independence and professionalism. Management changes and the appointment in June 2021 of a new RTCG Council are recognised as having led to more pluralistic coverage. However, future proposals to adapt the public broadcaster’s funding model must be conducted in close consultation with journalists groups and relevant international media organizations. Legislation is required to ensure the independence of the media and the transparency of ownership. Meanwhile, the conviction and sentencing to one year in prison of investigative journalist Jovo Martinović remains a major issue of concern for our organisations.

Much remains to be done to dismantle the entrenched polarisation in Montenegro that poses continued challenges for the independence of public service broadcasters; the state’s response to crimes against journalists; and the fair allocation of state support to media via advertising. The new administration must oversee reforms which roll back the state capture of regulatory bodies and create an even playing field for the media to work free from interference and pressure. There are no quick fixes here and significant political will is required. Yet hope for progress remains amongst the country’s journalistic community. Our organisations stand ready to support the work of the Commission and the government of Montenegro in achieving these goals.

Signed:

• ARTICLE 19
• European Centre for Press and Media Freedom (ECPMF)
• European Federation of Journalists (EFJ)
• Free Press Unlimited (FPU)
• International Press Institute (IPI)
• OBC Transeuropa (OBCT)
• Trade Union of Media of Montenegro (TUMM)

Sarajevo, 14.01.2022. – There was little visible progress on human rights in Bosnia and Herzegovina (BiH) in 2021. Public officials stirred xenophobia, failed to tackle discrimination, and put pressure on journalists, states the report of Human Rights Watch for Bosnia and Herzegovina.

According to information provided to Human Rights Watch by the journalists’ association BH Novinari, between January and July 2021, there were 42 threats against journalists, of which one was a physical attack. BH Novinari recorded several complaints from journalists against police and officials in Lipa migrant camp including threats, improper denial of access and forcing journalists to delete recorded material. An employee of the Ministry for Human Rights and Refugees was disciplined for threatening a journalist.

A September survey by BH Novinari involving 440 media professionals showed that in the last three years, over 40 percent of respondents indicated they had been subject to threats and intimidation, in most cases by politicians and public officials.

Following smears against journalist Tanja Topic by the Chairman of the BiH Presidency Milorad Dodik in May 2021, diplomats in Bosnia called on public officials to refrain from threats and misogynistic comments against media professionals.

BH Novinari registered increased gender-based violence against women in the media, with 70 incidents over five years, including death threats, verbal and physical threats, and discrimination at work.

The Report is available HERE.

PODGORICA, 14.01.2022 – The Law on Amendments to the Criminal Code of Montenegro entered into force, which prescribes stronger criminal protection of journalists.

Amendments to the Criminal Code (CC) prescribe qualified forms of criminal offenses “Endangering Security”, “Aggravated Murder”, “Serious Bodily Injury” and “Coercion”, when committed against a person who performs public information work, in connection with performing that work.

The activity of public importance is considered to be the performance of a profession or duty that is associated with an increased risk to the safety of persons performing it in the field of public information, health care, and legal aid before judicial and other state bodies (Article 32).

The criminal offense of Preventing the Printing and Dispersal of Printed Matters, Broadcasting and Publishing Information has been reformulated so as to provide for more severe penalties for obstructing or preventing the publication of information of public importance through the media.

On December 29, the Parliament of Montenegro unanimously adopted the amendments to the Criminal Code. The Action for Human Rights (HRA) and the Trade Union of Media of Montenegro welcomed the mentioned changes and expressed the expectation that the number of attacks on journalists and other media employees will decrease.

Since 2014, the Trade Union of Media of Montenegro, together with the HRA, has been advocating for changes to the Criminal Code in order to strengthen the criminal protection of journalists. In 2021, seven more NGOs joined us: the Institute for Media, the Civic Alliance, the Association of Journalists of Montenegro, the Association of Professional Journalists, the Center for Civic Education, the Media Center and the NGO 35mm.