U.S. Sees Media Freedom Deteriorating in OSCE Region
Oct. 7, Warsaw: Ronald McNamara to OSCE Human Dimension Implementation Meeting
A U.S. delegate to the OSCE Human Dimension Implementation Meeting in Warsaw has expressed U.S. concern that freedom of
expression, the media and information is deteriorating in the OSCE region.
Citing examples from a variety of countries in Eastern Europe, Central Asia and the Caucasus, the delegate, Ronald
McNamara, cited criminal defamation laws as particularly pernicious in their effects.
He said the United States has long sought the abolition of criminal defamation laws "throughout the OSCE region, if not
worldwide" and welcomes Romania's step in this direction.
Among McNamara's comments:
Belarus: "The United States is dismayed that the Lukashenko regime in Belarus continues to strangle media freedoms."
Ukraine: "We are concerned about the current negative trends and restrictive practices with respect to media freedom in
Ukraine, including the use of explicit directives or ‘temnyky,' sent from President Kuchma's Presidential Administration
to editors on what subjects to cover and in what manner. Lack of compliance with international human rights standards,
including OSCE commitments, on freedom of expression undermines Ukraine's attempts at Euro-Atlantic integration."
Turkmenistan: "Unfortunately, Turkmenistan has made no progress whatsoever toward a freer media or permitting the
expression of any dissenting thought."
Uzbekistan: Despite the formal lifting of censorship, Uzbekistan "continues to maintain the tightest control of the
media and attempts to pursue independent journalism remain dangerous."
"Even in those Central Asian states which tolerate any opposition or independent thought, electronic media remain
largely in state hands or carefully apolitical, while print media labors under strict restrictions and ever present
threat of intimidation," McNamara said.
While judging media freedom to "more highly developed" in the Caucasus, he expressed concern about incidents in Georgia,
Armenia and Azerbaijan.
Following is the USOSCE transcript:
(begin text)
United States Mission to the OSCE
October 7, 2003
FREEDOM OF EXPRESSION, FREE MEDIA AND INFORMATION
Statement of Mr. Ronald McNamara
U.S. Delegation to the OSCE Human Dimension Implementation Meeting
Mr. Moderator, the United States commends the meeting last December of the UN Special Rapporteur on Freedom of Opinion
and Expression, the OSCE Representative on Freedom of the Media and the OAS Special Rapporteur on Freedom of Expression
and their subsequent Joint Declaration. The Declaration not only reaffirmed commitments to what many consider
traditional forms of speech, but also stated clearly: "Criminal defamation is not a justifiable restriction on freedom
of expression; all criminal defamation laws should be abolished and replaced, where necessary, with appropriate civil
defamation laws."
The United States has long sought that such a standard be applied at least throughout the OSCE region, if not world
wide. We appreciate their forthright statement of this principle.
In that connection, we welcome the government-proposed changes to the Romanian Penal Code that would abolish criminal
defamation and insult laws, and we hope the parliament will quickly pass this proposal into law. As the Romanian
Government has rightly recognized, civil codes can provide adequate protection against defamation. We join the OSCE
Office in Yerevan in urging Armenia to follow the example being set by Romania and repeal its criminal defamation and
insult laws. We also share the concerns raised by the OSCE Representative on Freedom of the Media regarding the one-year
prison sentence imposed on Russian journalist German Galkin for libel and slander.
Unfortunately, despite some positive efforts and the vast resources and energy that have been spent to develop free
media and protect journalists, we would have to agree with Mr. Duve's statement earlier this year that the situation of
free media in the OSCE region has deteriorated in recent years. The following examples illustrate the reasons for our
increasing concern.
The United States is dismayed that the Lukashenko regime in Belarus continues to strangle media freedoms. In the latest
example of Belarus' assault on media freedoms, the Belarusian authorities denied an entry visa to Freimut Duve, OSCE
Representative on Freedom of the Media. This builds on a pattern of growing harassment of and hostility toward the media
by the Lukashenko regime. In July, the U.S.-based NGO, IREX, closed its Belarusian operations when the authorities
refused to renew its accreditation on the grounds that IREX was funding opposition media. I would also note that, over
the course of the last four months, there have been further restrictions imposed on the independent media, with the
suspensions of independent newspapers Belaruskaya Delovaya Gazeta, its periodic attachment, BDG--For Internal Use Only,
Navinki, Ekho and Predprinimatelskaya Gazeta. The offices of the trade union paper Solidarnost were also sealed by the
authorities.
We are concerned about the current negative trends and restrictive practices with respect to media freedom in Ukraine,
including the use of explicit directives or "temnyky," sent from President Kuchma's Presidential Administration to
editors on what subjects to cover and in what manner. Lack of compliance with international human rights standards,
including OSCE commitments, on freedom of expression undermines Ukraine's attempts at Euro-Atlantic integration. Mr.
Moderator, an independent media free from governmental pressure is an essential factor in ensuring a level playing field
in the lead up to the 2004 presidential elections in Ukraine.
In her April 18, 2003 annual report to the Ukrainian parliament, Ombudsman Nina Karpachova asserted that journalism
remains among the most dangerous professions in Ukraine, with 36 media employees having been killed over the past ten
years, while beatings, intimidation of media employees, freezing of bank accounts of media outlets, and confiscation of
entire print runs of newspapers and other publications have become commonplace.
We are concerned about the ongoing case of Turkish journalist Hasan Özgün. After serving a nine-year prison term, Özgün
was released last April and was immediately charged with "insulting state institutions" under Article 159 of the
Criminal Code. Conviction could carry a 12-year jail term.
We remain extremely concerned about the ongoing crackdown on freedom of expression and free media in Central Asia.
Unfortunately, Turkmenistan has made no progress whatsoever toward a freer media or permitting the expression of any
dissenting thought. The "Betrayers of the Motherland" decree makes it a crime to disagree with the policies of the
president. There is no freedom of media at all; all media is tightly state controlled. Internet access is limited, and
we have credible reports that Radio Liberty is jammed in parts of the country. Uzbekistan, despite the formal lifting of
censorship, continues to maintain the tightest control of the media and attempts to pursue independent journalism remain
dangerous. In Tashkent, on August 28, human rights activist Surat Ikramov, who hopes to establish an association of
independent journalists, was abducted and badly beaten. Most recently, direct access to the Ozod Ovoz web site has
reportedly been closed since September 2, 2003, and the authorities blocked access to the opposition Birlik and Erk web
pages in May.
Even in those Central Asian states which tolerate any opposition or independent thought, electronic media remain largely
in state hands or carefully apolitical, while print media labors under strict restrictions and ever present threat of
intimidation. Especially risky are attempts to shine the spotlight on high-level corruption. In Kazakhstan, journalist
Sergei Duvanov remains in jail after his conviction on charges that experts working under OSCE auspices have described
as politically motivated. This view is shared by human rights organizations all over the world.
Independent and opposition media in Kyrgyzstan have been hobbled, and even put out of business, by a series of slander
lawsuits brought by officials. We call on Kyrgyzstan to decriminalize libel, so that officials cannot use the courts to
stifle investigations into corruption.
Freedom of the media is more highly developed in the Caucasus, but concerns remain. In Georgia, we have received reports
about renewed official pressure on the independent Rustavi-2 TV station, against the backdrop of the upcoming November
parliamentary election. Rustavi-2 is one of the most important achievements of Georgian democracy and progress towards
an open society - any threat to its functioning is certain to rally its defenders inside Georgia, in Washington and in
other OSCE capitals.
The OSCE Representative on Freedom of the Media has expressed concerns about the situation in Armenia and Azerbaijan. In
Armenia, A1+ and Noyan Tapan remain off the air, after failed efforts to win tenders for broadcast licenses that were
widely seen as politically driven. As for Azerbaijan, on September 10, 2003, the Secretary General of the Council of
Europe and the OSCE Representative on Freedom of the Media jointly statedthat "We are deeply concerned by the continuous
reports regarding harassment of the media and intimidation of journalists in Azerbaijan." They noted specifically that
the problems faced by the newspaper Yeni Musavat, which "has been sentenced to three fines amounting in total to 100,000
US Dollars and whose bank account has been frozen."
And lastly, we would like to thank Mr. Freimut Duve for his steadfast efforts over the past six years in developing the
office of Representative on Freedom of the Media. While Mr. Duve started out with little in the way of resources, over
time he built an office that should be able to work constructively to protect one of our most cherished freedoms.