(ARTICLE 19/IFEX) – The following is a 9 November 2005 ARTICLE 19 open letter to President Kurmanbek Bakiev: President Kurmanbek Bakiev Kyrgyz Republic 09 November 2005 Dear Mr. President, Re. Establishment of Public Service Broadcasting in Kyrgyzstan ARTICLE 19 welcomes the current initiative by the Kyrgyz government to establish public service broadcasting. We are very […]
(ARTICLE 19/IFEX) – The following is a 9 November 2005 ARTICLE 19 open letter to President Kurmanbek Bakiev:
President
Kurmanbek Bakiev
Kyrgyz Republic
09 November 2005
Dear Mr. President,
Re. Establishment of Public Service Broadcasting in Kyrgyzstan
ARTICLE 19 welcomes the current initiative by the Kyrgyz government to establish public service broadcasting. We are very pleased that a draft law is currently under discussion in the Kyrgyz Parliament to transform the National Television / Radio Corporation (NTRK) into a true public service broadcaster, producing impartial and reliable high quality programming that informs and entertains the people of Kyrgyzstan and is accountable to it. The establishment of a public service broadcasting institution indicates a commitment on your part to guarantee freedom of expression and fulfil the right of the people of Kyrgyzstan to receive impartial and accurate information on news events and current affairs.
Public service broadcasting is of vital importance in a democratic society, as it ensures that a pluralistic range of voices and opinions reaches the public. This is of particular importance where the public TV/Radio is the only one that has countrywide coverage, as is the case for NTRK.
In light of this, ARTICLE 19 urges the Kyrgyz government to guarantee the public’s right to know and NTRK’s right to freedom of expression by setting up the necessary statutory framework in line with international standards. In particular, we call on the government to ensure that NTRK is protected by law and in practice from political and commercial interference.
We are concerned that the draft Law, as it stands, fails to provide such guarantees. One of the most important ways by which a public broadcaster’s independence must be guaranteed is by ensuring that the company’s board of governors and its senior management can operate free from external interference and in the public interest. The draft Law undermines this crucial principle by providing that the President will appoint NTRK’s Director General and will be the sole nominating authority for members of the advisory board. [1] This proposal has the potential to seriously weaken the independence of both the board and of the director general, and may result in NTRK becoming politicised.
ARTICLE 19 recommends that the Law should instead provide for the following:
Board of Directors:
(1) NTRK shall be governed by a Board of Directors with overall responsibility for its accountability, through parliament, to the people of the Kyrgyz Republic.
(2) The Board as a whole shall represent a broad cross-section of Kyrgyz society, and be reasonably reflective of the country’s social, cultural and political diversity.
(3) The Board shall be composed of a reasonable number of members (for instance nine) who shall have some relevant expertise, by virtue of their education or experience, including in the fields of broadcasting, policy, law, technology, journalism and/or business.
Appointment of the Board:
(1) Members of the Board shall be appointed by the Kyrgyz parliament, in accordance with the following:
(a) the process shall be open and transparent;
(b) civil society and professional organisations shall have the right to nominate candidates for the Board; [2]
(c) a shortlist of candidates shall be published in advance and the public shall be given an opportunity to make representations concerning these candidates;
(d) a candidate shall be appointed only if he or she receives two-thirds of the votes cast.
(2) No one shall be appointed to the Board if he or she: –
(a) is employed in the civil service or any other branch of government;
(b) holds an official office in, or is an employee of, a political party;
(c) holds an elected position at any level of government;
(d) holds a position in, receives payment from or has, directly or indirectly, significant financial interests in broadcasting or telecommunications; or
(e) has been convicted, after due process in accordance with internationally accepted legal principles, of a violent crime and/or a crime of dishonesty or theft, for which he or she has not been pardoned, unless five years have passed since the sentence was discharged;
Appointment of the Managing Director:
(1) The Board shall, as soon as is practical after its establishment and by a vote of at least two-thirds of its members present and voting, appoint a Director General for NTRK and may, by a similar vote, remove the Director General from office, provided that it agrees at the same time on a replacement.
(2) The same requirements of independence and impartiality that apply to membership of the Board should also apply to the Director General.
ARTICLE 19 would be happy to provide support and advice to the Kyrgyz authorities in the establishment of a genuine public service broadcaster.
Yours sincerely,
Dr. Agnès Callamard
Executive Director
CC: The media
NOTES:
1 Although the Kyrgyz parliament is the appointing authority, the President controls the process of who gets nominated.
2 In practice, the law should provide more detail as to the process of nominating candidates. It could for instance foresee an open procedure whereby anyone can nominate candidates and the candidates with the highest number of nominations get short-listed for the appointment procedure in parliament. It is essential that the process of nominating and short-listing of candidates is fully transparent to the public.
