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  • ARTICLE 19 Calls On Legislators To Review Law To Ensure Autonomy Of

    ARTICLE 19 CALLS ON LEGISLATORS TO REVIEW LAW TO ENSURE AUTONOMY OF BROADCASTING COMMISSION

    International Freedom of Expression eXpress (IFEX), Canada
    May 29 2007

    Country/Topic: Armenia
    Date: 29 May 2007
    Source: ARTICLE 19
    Person(s):
    Target(s):
    Type(s) of violation(s):
    Urgency: Bulletin
    (ARTICLE 19/IFEX) - The following is a 26 May 2007 ARTICLE 19 press
    statement:

    ARTICLE 19 STATEMENT on New Provisions for the Appointment of Members
    of the National Commission on Television and Radio

    ARTICLE 19 welcomes the amendments to the Law of the Republic of
    Armenia on the Rules of Procedure of the National Commission on
    Television and Radio, adopted on 26 February 2007, and signed by
    the President on 20 March 2007. They demonstrate the government's
    political will to improve existing legislation. The new definition
    of the National Commission on Television and Radio (Commission) as an
    "independent regulatory body, which ensures the freedom, independence
    and diversity of the broadcasting media" is especially welcomed.

    Meanwhile we remain concerned at the actual level of independence of
    the Commission. The stipulation that the Commission will be composed
    of eight members (compared with the current nine members), half of
    them to be appointed by the National Assembly and the other half by
    the President, is a central issue in the amendments. Previously all
    nine members of the Commission were appointed by the President.

    Currently there is also no mechanism for public consultation for the
    nomination of members. The new amendments do not address the issue
    of nomination. Moreover, there are no provisions stating that the
    members should reflect Armenia's social and political diversity,
    or that the appointment process should be open and transparent.

    Although the amendments improve the law, they are still not
    satisfactory and fail to guarantee the autonomy and independence
    of the Commission. This concern is especially pressing when the
    Parliamentary majority and the President have the same political
    affiliation, as is the case in Armenia.

    Broadcasting is by far the most important source of information and
    entertainment in Armenia. The difficulty of distributing newspapers,
    especially to the remote regions of the country, makes the broadcast
    media effectively the only source of information for the majority
    of the population. As a result of this central role and its growing
    profitability, broadcasting media has crucial political and economic
    power. Thus, the independence and the diversity of broadcast media
    are decisive for the freedom of expression in the country.

    Therefore, it is of paramount importance that the Commission
    responsible for the distribution of broadcast licences enjoys full
    and unconditional independence from government control and any form of
    political and/or commercial interference. The process for appointing
    members should be open and democratic and should not be dominated by
    any particular political party or commercial interest.

    Such a process should include public consultation with civil society
    in relation to the nomination of members in order to ensure adequate
    representation of the political and social diversity of the country.

    In order to achieve this, we recommend that nominations be elicited
    from the public through advertisements in leading media outlets,
    and the Commission's selection hearings be held in public, so as to
    allow input and comments from any interested party. The appointment
    of half the members by the president, and the lack of procedure for
    nomination of members, clearly do not meet the international standards
    listed above.

    We therefore call on the National Assembly of Armenia to further
    review the Law of the Republic of Armenia on the Rules of Procedure
    of the National Commission on Television and Radio so as to ensure
    the following:

    - The president should not have the power to appoint half of the
    members of the Commission. Instead, all members should be appointed
    by an all-party body, such as the Parliament, or directly by civil
    society groups.

    - Appointment of members to the Commission should be based on public
    interest considerations. To promote this, public nominations should
    be allowed and advertisements announcing the process should be placed
    in leading media outlets.

    - The Law should require the Commission's selection hearings to
    take place in public and in a manner that allows for input from any
    interested party.

    - The Law should stipulate that the members of the Commission as a
    whole should reflect the diverse makeup of Armenian society.

    http://www.ifex.org/en/content/view/full /83712/
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