1. Media issues

Round Table Participants Urge the Authorities to Solve Media Legislation
Problems

[25.03.2004]

On March 20-21 in Yerevan a round table meeting “Reforms of Armenian Media
Legislation and Their Compliance With European Standards” was held. It was
organized by Yerevan Press Club and “Article 19” Global Campaign for Freedom of
Expression. Representatives of executive, legislative, judicial power, NGOs and
media of Armenia, international organizations, foreign experts participated in
the meeting. RA Minister of Justice David Harutyunyan and Head of OSCE Office in
Yerevan, Ambassador Vladimir Pryakhin opened the round table.

The meeting participants discussed the whole spectrum of legislative initiatives
regulating media sphere and adopted by the Parliament in the recent year: RA Law
“On Mass Communication” (Deputy Minister of Justice Ashot Abovian made a
presentation on this issue), amendments to RA Law “On Television and Radio”
(presentation by RA National Assembly deputy Vazgen Khachikian). Particular
attention was paid to the amendments to RA Law “On Freedom of Information”
recently adopted by the Government (presentation by “Article 19” Legal Officer
Peter Noorlander). Other no less urgent topics were devoted to Armenia’s
honoring of the commitments to the Council of Europe in freedom of expression
(presentation by YPC Expert Mesrop Harutyunyan), necessity for decriminalization
of libel and insult (presentation by International Expert Ireneusz Cezary
Kaminski), Polish experience in public broadcasting (presentation by Member of
Polish Journalists’ Association Board of Directors Agnieszka Romaszewska).

At the round table, Article 19 publicized its statement on the situation with
media legislation in Armenia. Emphasizing a certain progress in developing legal
guarantees for freedom of expression and media diversity achieved by Armenia in
the past four years - since its accession to CE, the organization expressed its
concern over a number of problems demanding urgent solution. In particular,
“Article 19” statement notes that regular refusal of the National Commission on
Television and Radio of broadcast license to “A1+” TV Company testifies to “lack
of political independence” of this body regulating private broadcasters’
activity.

On March 21, the last working day of the round table, one more statement was
adopted - this time by its participants. The statement runs,

“We, the participants in the “Round Table on Reforms of Armenian Media
Legislation and their Compliance with European Standards”, organized by Yerevan
Press Club and “Article 19” Global Campaign for Freedom of Expression, meeting
on 20-21 March 2004,

Emphasizing the crucial importance of freedom of expression and information as
an individual human right, as a cornerstone of democracy and as a means of
ensuring respect for all human rights and freedoms;

Concerned that while some important steps have been taken to bring Armenia’s
media laws into line with European standards on the right to freedom of
expression, much remains to be done;

Call on the Government of the Republic of Armenia to take urgent action to
address the following concerns:

Criminal Defamation

The current harsh criminal provisions on defamation and insult should be
abolished and replaced with appropriate civil defamation laws, incorporating the
following standards:

- Actual damages awarded for defamation must be proportionate to the harm caused
and take into account whether or not alternative remedies, such as the right to
reply, have been accessed. Moral damages or any other punitive awards should be
limited and take into account their likely impact on the wider exercise of the
right to freedom of expression;

- Public officials, because of their status as servants of the people, should
enjoy less protection than ordinary citizens;

- No one should be held liable for the expression of an honestly held opinion;
and

- The burden of proof of the falsity of an allegation in a matter of public of
concern should be on the plaintiff.

Broadcasting Legislation

The independence of the National Commission of Television and Radio must be
strengthened. The entire process for appointing members should be open and
democratic, include full public participation and consultation and should not be
dominated by any particular political or commercial interest. Membership overall
should be required to be reasonably representative of society as a whole. The
independence of the Council of the Public Television and Radio Company must be
strengthened likewise.

The licensing procedures included in the Broadcasting Law of 2000 must also be
made more transparent. In particular, the Commission should provide full and
complete written reasons for the grant or refusal of any broadcasting license
application.

Freedom of Information

The proposed amendments to the Law on Freedom of Information threaten seriously
to undermine the right of access to information. These amendments should be
abandoned and the current law must be implemented with immediate effect. In
particular, the implementing rules and regulations necessary to make the Law
operational must be prepared immediately, in an open and consultative process.


Any future amendments to the Law must promote rather than restrict the right to
access to information, for example by limiting fees and reducing restrictions,
and be adopted in a consultative process fully involving civil society, as
supported by the OSCE Office in Yerevan. We welcome the statement of intent made
by the Minister of Justice in this regard and we ask that before any further
discussions take place, a report is published in which the concerns of the
Ministry of Justice with regard to the September 2003 Law are clearly set out.

Mass Media Legislation

We welcome steps taken in the Law on Mass Communication to protect journalists’
sources, and we also welcome the statement made by the Deputy Minister of
Justice regarding further work to bring criminal procedure laws in line with
this. At the same time, we are highly concerned at the restriction the law
places on the dissemination by journalists of classified information. This
restriction violates international standards and must be removed.

We are also concerned that the accreditation procedures currently being prepared
should promote, not restrict, the right of journalists to report on the
activities of state bodies. They should be fair, transparent and independently
administered, and not create yet another bureaucratic hurdle for journalists to
overcome.

Consultation

We request that a permanent group be set up with the Ministry of Justice to
involve fully civil society representatives in any discussion of present or
future laws and regulations that affect the exercise of the right to freedom of
expression, including the implementation of these laws. This group should
collaborate and consult with the Working Group under the parliamentary
Commission on Science, Education, Culture and Youth Issues.”



http://new.csi.am/eng/index1.php?goto=news&id=1564

2.
Freedom of media and broadcasting

March Will Take Place

[25.03.2004]

The public is aware that a march and a rally will take place on April 2, the 2nd
anniversary of “A1+” TV Company ceasing from broadcasting area.

Yerevan Mayor was informed about the measures but he decided not to sanction the
march and to allow the rally at the territory near Matenadaran and not on the
Liberty Square.

In response to Mayor’s “permission” the initiating group again informed in
written that the measures will be held under the program introduced beforehand.


The executives of Police Department of Center Commune told initiating group head
Vardan Harutyunyan on March 24 that the march is illegal and they will do their
best to hamper it.

On March 25 “A1+” Chair Mesrop Movsesyan and the initiating group member Tigran
Ter-Esayan were told the same in the Police Department.

After persuasion of the law-enforcement bodies the initiating group decided that
the ungrounded refusal of the municipal authorities is unlawful. The 26th
article of Armenian Constitution says:”Citizens have the right to hold peace and
unarmed meetings, marches and rallies”.



http://new.csi.am/eng/index1.php?goto=news&id=1563

3. Freedom of Information

Communique on the Law “On Freedom of Information”

[25.03.2004]

On March 23, RA Ministry of Justice, Internews Armenia and “Article 19” Global
Campaign for Freedom of Expression adopted a joint communique as a result of two
days’ discussions (March 22-23) on amendments to RA Law “On Freedom of
Information”, approved by Armenian Government on February 12, 2004.

The sides agreed that the discussion on introducing amendments to Law “On
Freedom of Information”, adopted in September 2003, should not impede
implementation of the existing Law. “The Ministry of Justice welcomes any
proposals that would facilitate the implementation of the existing Freedom of
Information Law and will consider them seriously", the communique notes. Any
amendments to the Law will aim to strengthen and clarify protection of the right
to freedom of information as recognized in this Law, the RA Constitution and
international agreements, as further mentioned.

Besides, the communique emphasizes that ”in the process of drafting and adopting
amendments to the Freedom of Information Law there will be full consultation
with civil society, including the Freedom of Information Civic Initiative,
Internews Armenia, the Yerevan Press Club and others, and international
organizations”.

The communique also contains accorded commentary on several articles of the Law
“On Freedom of Information”.

4. Penitentiary system

Tuberculosis Epidemic in Penitentiary Institutions of Social Danger: ICRC


[24.03.2004]

The epidemic of tuberculosis in penitentiary institutions is of danger to the
country's public, as the infection is passed to the families of both the
released prisoners and personnel of the penitentiary institutions.

The Armenian office of the International Committee of the Red Cross (ICRC)
reports that in the former USSR countries, where people's immunity is affected
by HIV/AIDS, tuberculosis may have destructive effects. In this connection, the
ICRC points out the necessity of considering the diseases in the context of the
main problems of public health care, taking necessary measures to treat
tuberculosis and prevent the spread of HIV. According to the ICRC, the main
problem arises when prisoners are released before their treatment is finished,
and the persons responsible for national tuberculosis control programs are not
efficient in coordinating the necessary measures.

According to the ICRC, tuberculosis is the main cause of death among prisoners
in the South Caucasus. In this connection, the ICRC renders assistance to the
local authorities in treating tubercular patients. In 1995, when the ICRC
launched a tuberculosis control program in Azerbaijan's penitentiary
institutions, the number of tubercular patients among prisoners exceeded that
among civilians 60 times. In 1998, a similar program was launched in Georgia, in
2000 in Armenia. Since 1995, the ICRC has assisted with the treatment of 8,000
prisoners in the South Caucasus.



http://new.csi.am/eng/index1.php?goto=news&id=1562

5. Human Rights NGO’s

Presentation of Public Organization “Center of Public Dialogues and Initiatives”
Takes Place in Yerevan

[26.03.2004]

Presentation of public organization “Center of Public Dialogues and Initiatives”
took place in Yerevan. According to the Chairman of Organization Aikaz
Karapetian, the center plans to play its role in establishment of civil society
and democracy in the republic. To do so, he said, CPDI will cooperate with
governmental and other organizations. “Our mission is to help citizens to
protect their rights by themselves”, Karapetian said. Director of IFES Program
to Armenia Albert Decie in his turn said that IFES and CPDI cooperate in the
frames of the program “Familiarity and Participation of Citizens in Armenia”.


Director of USAID Armenian Representation Keith Simmons stated at the
presentation that USAID contributes to democracy by two ways – cooperation with
executive and legislative powers of Armenia and assistance to civil society.
“Given center will help solving this last goal”, he said. CPDI was registered in
2003. The Center will operate on sub-grant of IFES in amount of $201 thousand.
L.D.