IN PROTECTION OF RFE/RL

A1 Plus, 29 June, 2007

The draft laws on “Introducing Amendment to the RA Law ‘On Television and Radio’” and “On Introducing an Addition to the RA Law ‘On State Duty’”, presented at the extraordinary session of the National Assembly upon the initiative of the RA Government, signify that the Armenian authorities are consistent in adhering to the vicious policy of the recent years, aimed at restricting and suppressing the freedom of expression and media.

For many times already has the Government hastily submitted draft media-related laws to the National Assembly - in secrecy, without consulting the civil society, media representatives, experts, even without the opinion of the appropriate committee of the National Assembly. What issues, vital for the country and the society, are these two draft laws to solve that they had to be necessarily considered at an extraordinary session, instead of being included into the agenda of the ordinary session, following all the procedures that the law provides for? The draft authors have not presented any convincing arguments as to the urgency of their adoption at this very moment.

This way of acting, when hasty amendments are proposed in broadcasting legislation, with no heed for the domain specifics and the legislation rationale, is becoming a tradition: it suffices to remember that in September 2006, too, the Government presented to the National Assembly the draft law “On Introducing Amendments and Additions to the RA Law ‘On Television and Radio’” with the same haste. The draft caused the dissatisfaction of the journalistic community and was ultimately rejected by the NA. However, in February 2007, the Government had another unacceptable draft law passed, ignoring all the proposals made.

The analysis of the draft laws, presented to the NA today, shows that they are primarily directed against the only broadcast medium out of the control of the RA authorities - the Armenian Service of Radio Free Europe/Radio Liberty, because their adoption in essence will stop the broadcasting of the programs of the Service on Armenian radio waves. The adoption of these draft laws will also damage the reputation of the newly-elected National Assembly that will have displayed itself as the adversary of democracy, of freedom of expression by the very first laws passed.

We have always insisted that legislative changes in this sphere be made systemically, according to a unified concept, and hence we call on the RA NA deputies not to vote on the drafts presented by the Government and to hold public hearing of the legislative package that seeks to reform the sphere.

The statement was developed by a group of organizations, membering in the Partnership for Open Society initiative and is open to be joined by other organizations and individuals at the following address: members@partnership.am

That is, this initiative is designed to take RFE/RL off the airwaves in a way that makes it seem that this is not a personal attack on the station by Kocharian. Obviously, it is believed that the initiative is timed as Armenia is about to enter the presidential pre-election period.

Under what many people consider to be the scenario that will then play out, RFE/RL will be unable to broadcast nationwide on public radio. Some pressure will be applied on private radio stations not to take RFE/RL broadcasts although some limited reach stations might. According to Safarian, if this happens then this is significant enough to damage Armenia’s position with regards to MCA funding.

Interestingly, there is also word that there is a personal side to this and not one just connected to the presidential election. Apparently, Jermuk is believed by some to be owned by Kocharian and the recent ban on the bottled medicinal mineral water in the US was some kind of warning sent to Armenia. This legislation is a tit-for-tat response from Kocharian back.

Not sure how true any of that is and for sure I think limiting RFE/RL’s audience ahead of the presidential election is the main reason for the legislation, but anyway. Safarian will be presenting Heritage’s position on the bill on Monday and will also suggest the wording of the bill is changed.

That is, as the legislation is based on the idea that public radio and TV is financed from the State budget, Heritage will suggest that RFE/RL can broadcast on public radio as long as it pays the money into the budget instead of to the station. Of course, it’s unlikely that such a change will be accepted and after waiting a few months, RFE/RL will effectively stop broadcasting and it will be hard pressed to find a station which will accept its broadcasts and which can reach the same audience.

Hopefully, some brave private stations such as Radio Hye will work out a deal with RFE/RL, but I suppose significant pressure will be applied on them not to. Let’s see, but I don’t expect anything good to come from what in my opinion is the latest attack on media freedom in Armenia. Certainly, Safarian is convinced that it has everything to do with the presidential election in 9 months. Basically, he argues, many of those that take bribes in parliamentary elections are less likely to do so in what are considered more important presidential ones.

On that basis alone, RFE/RL has always played an important role in broadcasting balanced coverage and it is for this reason that the president and government do not want them doing the same early next year when the stakes are the highest they’ve been in recent years. That is, the issue of succession to Kocharian when he has to step down.