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O čemu bi sve trebalo razmišljati pri reformisanju Predsjedništva BiH

Author(s): Svjetlana Nedimović / Language(s): Bosnian

This paper is an attempt to recall neglected aspects of the issue of representation and equality, and to consider the various reform proposals of the BiH Presidency, precisely and analytically systematized in a recently published study by E. Hodžić and N. Stojanović, in the light of these aspects. on changes to the Constitution of Bosnia and Herzegovina possibly developed in a completely new direction determined by a more refined understanding of political equality and representation, which modern democracy, achieved and / or emerging, requires.

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Javni organi i proaktivno objavljivanje informacija u Bosni i Hercegovini: Kako izuzetke pretvoriti u pravilo

Author(s): Dino Jahić / Language(s): Bosnian

The analysis that follows shows how the five state institutions in Bosnia and Herzegovina (BiH) have managed to develop proactive transparency, despite the lack of uniform legislation and an organized systemic approach to this issue. In addition to international standards and comparative practices in this area, as well as the legal framework governing proactive publishing in BiH, most of the analysis is based on interviews with representatives of five institutions identified by the Center for Social Research Analytics conducted in mid-2014. as the most successful examples of proactive transparency. The institutions with the highest degree of proactive transparency are: the BiH Parliamentary Assembly, the BiH Civil Service Agency, the BiH Ministry of Finance and Treasury, the BiH Agency for Development of Higher Education and Quality Assurance, and the BiH Agency for Identification Documents, Records and Data Exchange (IDDEEA) . Semi-structured interviews were conducted with representatives of these five public bodies in December 2014, on the basis of which the central part of this analysis was prepared.

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Potencijal medijacije u slučajevima diskriminacije u Bosni i Hercegovini

Author(s): Kosana Beker / Language(s): Bosnian

Mediation is a structured procedure, regardless of the name of the procedure, by which two or more parties to a dispute seek to reach an agreement on their own, on a voluntary basis, on resolving the dispute with the help of a mediator. The mediation procedure can be initiated by the parties themselves, it can be proposed or ordered by a court or it can be prescribed by law. Having in mind this definition, it can be concluded that mediation has long been represented as a way of resolving conflicts around the world, because even without special regulations there was no obstacle for one person (mediator) to help other persons in dispute to, peacefully and without engagement of the state apparatus, resolve its dispute in a mutually satisfactory manner. Unlike court proceedings in which one always wins and one always loses, in the mediation procedure both parties will be satisfied with the way the dispute between them is resolved, that is, both parties will win the dispute, because they will have the opportunity to influence the procedure and to reach an agreement that will be acceptable to both parties.

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Kako do adekvatne strategije za prevenciju i borbu protiv diskriminacije? Moguće lekcije za Bosnu i Hercegovinu

Author(s): Vesna Pirija / Language(s): Bosnian

Bosnia and Herzegovina has built a legal framework to combat discrimination in the past. The prohibition of discrimination proclaimed by the constitutions was elaborated in detail by the Law on Prohibition of Discrimination (ZZD), which at the time of its enactment was a progressive legal solution. By adopting the amendments to the CPA during 2016, significant shortcomings related to incompleteness and terminological inconsistency of the grounds and forms of discrimination were eliminated, and the procedural aspects of the procedure for protection against discrimination before the court were improved. // However, discrimination remains an acute problem of BiH society, which is confirmed year by year by relevant reports. Time has shown that the authorities responsible for the implementation of the ZZD do not have the capacity to provide the necessary level of protection to citizens. The competencies and procedures of protection before the Institution of the Human Rights Ombudsman of BiH require fundamental changes, while the case law, despite some progress made in recent years, still "does not follow the significant prevalence of discrimination in BiH society". In addition, the lack of political will to eliminate systemic discrimination established by final court rulings is openly expressed. This situation is discouraging given that declarative constitutional and legal guarantees are not supported by an effective enforcement mechanism.

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Kvalitet optužnica i presuda u Bosni i Hercegovini kao faktor efikasnog procesuiranja krivičnih djela korupcije

Author(s): Ljiljana Filipović / Language(s): Bosnian

The Recommendation on Judges of the Committee of Ministers of the Council of Europe to member states (CM / Rec (2010) 12) defines efficiency as making quality decisions within a reasonable time after impartial consideration of all issues. A quality court decision and an impartial consideration of all issues (factual and legal) are integral parts of the efficiency thus understood. After all, only such court decisions can achieve the purpose of criminal proceedings - the protection of society from crime, but also the protection of basic human rights of persons suspected or accused of criminal offenses. Only such court decisions can contribute to the rule of law and legal certainty in terms of the predictability of the consequences of criminal law violations. // Similar understandings of the efficiency or effectiveness of criminal proceedings can be found in criminal law theory. Krapac considers that “effective ... is a fairly conducted criminal proceedings whose duration is appropriate to the circumstances of the case and in which the competent court correctly distinguished innocence from the guilt of the accused and imposed a legal criminal sanction on the latter”. Efficiency, therefore, implies not only respect for all procedural guarantees that guarantee the right to a fair trial, but also the adoption of a correct court decision, ie. the one in which the court correctly ruled on the guilt of the accused. In other words, “achieving efficiency must be within the framework of legal and fair procedure” // Therefore, it is necessary to deal with other components of the efficiency of the judiciary and criminal proceedings in order to raise its level. The quality of prosecutorial and court decisions is certainly one of those components.

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Dvije škole pod jednim krovom u Bosni i Hercegovini: (ne)razumijevanje problema i moguća rješenja

Author(s): Alina Trkulja / Language(s): Bosnian

The focus of the work are the so-called "Two schools under one roof", currently 34 such in two cantons of the Federation of Bosnia and Herzegovina (hereinafter FBiH), Herzegovina-Neretva (HNK) and Central Bosnia (SBK), according to which students attend classes in two schools within one school building, separated by ethno-national affiliation, often with a ban on "mixing". Here, segregation and even discrimination in schools are more clearly seen, but in areas of BiH with a dominant ethnic majority, although it should be noted that the latter are not immune to them either. Because, as simplistic as it may sound, Bosnia and Herzegovina essentially has three types of schools3 and three school systems or “three schools under one roof”. // The aim of this analysis is to map current practices in education in BiH from the perspective of language and identity, as well as to identify dominant concepts and models for solving the problem of divided education operated in political and expert platforms and initiatives in this area, and critically evaluate them. in accordance with the principles, values and goals of education established by the international human rights framework and the state legal framework. About this practice, with emphasis on the attitudes of teachers, parents and students, several major studies have been done so far, the conclusions of which are the starting point and basis for the analysis of proposed models of education.5 Relevant international standards and laws were used as primary sources. and strategic documents in BiH. From secondary sources, books, academic and media articles and reports, as well as media appearances of relevant actors and experts in the field of education were consulted. Through interviews with experts and decision-makers at various levels, primarily representatives of the OSCE and relevant ministries of education, but also through a number of sources on shared education, the currently dominant model proposals for overcoming identified problems and achieving fairer, inclusive and intercultural education were identified and analyzed.

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Ključni problemi u procesuiranju korupcije u Bosni i Hercegovini: materijalnopravni aspekti

Author(s): Adela Bejtović-Janušić / Language(s): Bosnian

Corruption is undoubtedly ubiquitous in Bosnia and Herzegovina, in all pores of society and on an increasing scale. By simply searching journalistic texts, it is possible to notice that citizens perceive corruption as one of the ways to exercise their rights and interests, primarily in health and education, but also in the police and judiciary. // A 2013 study of the national integrity system by Transparency International states that “despite years of reforms, international community engagement and donor assistance, widespread corruption remains the most significant problem in BiH and undermines any substantive reforms that would lead to until the establishment of a functional and self-sustaining country. ” Many foreign investors cite a high degree of corruption, which causes enormous moral and material damage to society, as a reason for non-investment or limited capital investment in Bosnia and Herzegovina, in addition to complicated state structure and political instability. // The reasons for the poor performance of the judiciary in prosecuting corrupt crimes range from the very nature of the phenomenon of corruption, which is shrouded in secrecy due to the interests of participants, making it difficult to detect, to insufficiently good institutional and legal solutions. This paper will address some of these reasons, while special attention will be paid to the substantive aspect of the problem, ie obstacles to the effective prosecution of corruption in BiH, which concern the very definition of corrupt crimes.

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The Future of Public Service Broadcasting in Kosovo

Author(s): Naser Miftari / Language(s): English

With a population of 1.8 million, where Albanians make up more than 90 percent, Kosovo is the smallest and the last territorial unit that emerged as an independent state from former Yugoslavia. Formerly, it had the status of an autonomous province in Yugoslavia and later Serbia. Then for almost a decade before declaring independence in 2008 Kosovo was under the functional governance of the United Nations Mission in Kosovo (UNMIK) a UN-led mission mandated to run the day to day affairs and set up institutions of self-government in the post-conflict Kosovo, based on the UN Security Council Resolution 1244 adopted in June 1999. The development of the media sector in Kosovo was part of the UNMIK mandate and under a decade-long international management, the media sector experienced important transformation. The liberal media regime introduced by UNMIK was successful in ensuring the diversification of the media sector. However, the liberalization of the media sector and the post-conflict rapid increase in media outlets has led to a saturated and weak media market with declining sources of revenue. One of the major projects in the media sector initiated by UNMIK in post conflict Kosovo was to set up the country’s national public broadcaster – Radio Television of Kosovo (RTK). This paper investigates the current position, role and functioning of RTK – in a diachronic perspective - from its inception in 1999 to the present. It explores whether the overall context in which the RTK is embedded provides a favorable environment for its future prospects and continued development by focusing on the challenges that RTK is facing at present with respect to regulatory, financial, technological and socio-political trends. Upholding the independence and long-term sustainability of RTK are commitments that the Kosovo Government set out to meet upon embarking on the European integrations process. In 2015 Kosovo signed the Stabilization and Association Agreement (SAA) as a first important step towards the European integrations process. Meanwhile, the need to address the vulnerable position of RTK and ways to ensure its editorial independence, have been systematically highlighted in the EU’s Kosovo progress reports in recent years. From the EU perspective, nurturing the independence and financial sustainability of RTK is seen as a firm assurance that Kosovo will continue to have a universally accessible public forum where ideas, opinions and political views are presented and debated. It is also a firm assurance that the diverse segments of Kosovo’s multicultural landscape will feel represented. However, keeping on air a public broadcasting system fully dependent on state budget and not vulnerable to political interference, in Kosovo’s conditions, seems difficult, if not impossible. The paper is based on the review of different processes related to the developments around RTK. It includes analysis of legislation, strategic documents, official correspondence between Kosovo legislators, the European Broadcasting Union (EBU) and Organization for Security and Cooperation in Europe Mission in Kosovo (OSCE) as well as interviews with a number of interlocutors (media experts, RTK managers, former RTK consultants and other stakeholders). The analysis is framed within contemporary international debates on the future of PSB in a changing media environment and taking into consideration specificities of the development of PSB in post-communist societies and Western Balkan countries in particular. The paper also explores the current perspective and challenges for future development of PSB (e.g. digitalization and the EU driven perspective on commercialization etc.) In light of the new paradigm promoted by the EU with provisions that emphasize an inherent bias toward market liberalization, it is important to understand the implications that such policies might have for the prospects of the media market and the challenges that such policies entail with regards to access and future paths of the PSB development in Kosovo. In efforts to provide a coherent outlook on the present and the future of RTK the research is guided by three broad questions. The first question relates to the process of initial media policy adoption and the role of various actors played within it (e.g. influence of EU, local power elites, etc.). The second question explores the current situation of PSB and the extent of implementation of the current media policies. The third question seeks to provide answers to the future developments and prospects of PSB in Kosovo. The paper sets a theoretical and analytical framework against which the analysis of RTK is conducted. It is divided into three sections. The first section reflects on the contemporary debates on PSB on a global and EU level followed by an outline of relevant characteristics of PSB in postcommunist and Western Balkan countries. The section also takes into account some of the relevant approaches to explain the PSB transformation in the specific context. It explores propositions put forward by Jakubowicz and Sükösd8 on the idealistic, mimetic and atavistic orientations in the transformation of PSB in the former communist bloc, propositions that were further advanced in Voltmer, to see whether the same can be applied in the trajectory of the setup, development and current operation of Kosovo’s PSB. The second section provides a brief overview of the methodological approach used in this research. The third section, the analysis section, concludes with a discussion of the research findings and offers a set of recommendations that could be useful in addressing the current status of RTK and the challenges ahead in the future.

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Princip pariteta i (ne)diskriminacija u državnoj službi u Bosni i Hercegovini

Author(s): Vesna Pirija / Language(s): Bosnian

Radna mjesta u državnoj službi u Bosni i Hercegovini nalaze se visoko na ljestvici željenih zaposlenja – zbog njihove stabilnosti, dugotrajnosti, redovnih primanja i poštivanja prava iz radnog odnosa. Sa druge strane, opće je mišljenje da proces zapošljavanja u javne institucije karakterizira nizak stepen transparentnosti, korupcija, nepotizam i stranačka podobnost. Umjesto da takva percepcija javnosti predstavlja imperativ za unapređenje, nerijetko su u političkom diskursu najglasniji zahtjevi za “prebrojavanjem krvnih zrnaca” u pojedinim institucijama, odnosno insistiranje na apsolutnom tronacionalnom1 paritetu zaposlenih, koji još dalje produbljuju nedostatak profesionalnih standarda.

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The Development and Future of PSB in Macedonia: Towards the Construction of a Participatory PSB Model

Author(s): Igor Micevski,Snezana Trpevska / Language(s): English

Parliamentary democracy in Macedonia was established with the Constitution of 1991. The multi-party system is marked by an ethnically-based divergence where the main political parties are divided into two ethnic blocks representing the country’s Macedonian majority and Albanian ethnic community. The issue of the power balance between the two communities led to a brief war in 2001, following which a new agreement was reached to share power at both the central and local level. Over the last several decades the Macedonian political system has not evolved into a consolidated democracy. On the contrary, since the populist VMRO-DPMNE took over the government in August 2006, converse trends have led the state into a direction of stronger authoritarianism. Consequently three successive Freedom House reports categorized Macedonia in the group of so called ‘hybrid regimes’ – formal democracies that manifest authoritarian particularities. The last Freedom in the World Report states that Macedonia has lost its designation of ‘electoral democracy’ as it does not meet even the basic standards. One of these standards is related to providing “significant public access of the major political parties to the electorate through the media…” Taking into account the process of democratic consolidation and the development of the media system in Macedonia, this paper analyses the transformation of its public broadcaster and the pressure from below for greater civic participation in both its decision making processes and its content and programming. Applying Hallin and Mancini’s theoretical framework, Macedonia’s political system can be classified as being closest to the Mediterranean or Polarized pluralistic model with: a strong interventionist role of the state, political parties divided along ethnic lines and the ruling party entering into a coalition with the ethnic party that won the majority of votes from the Albanian electorate (parallel majoritarian democracy), political parties having a dominant role in the social processes and placing group interests before individual interests (organized pluralism), late democratization of institutions, deep clashes among political actors and contestation of the legitimacy of the political system as a whole (polarized pluralism) and a widespread culture of clientelism. All this bears direct consequences on the media system and on public service broadcasting. As the country has moved strongly towards authoritarianism in recent years, an assessment is necessary of where PSB stands now and what (if any) its future might and should be. This paper will discuss the challenges PSB in Macedonia is currently faced with and explore perspectives for overcoming the obstacles for its transformation by considering the four normative principles of PSB: citizenship, universality, quality and trust. Being central to the idea of PSB, these concepts are regained in the ongoing debates on PSB in a changed setting. PSB, by definition, is envisaged as a space which enables the flourishing of a critical and vibrant public sphere and, therefore, it has a crucial role in enabling citizens’ active participation in the process of social change. The normative value of Habermas’s theory of the public sphere remain a critical tool for studying the PSB role in contemporary democratic societies. Habermas argued that access to the public sphere should be open in principle to all citizens and it is in the PSB core remit to enable inclusiveness as a crucial democratic principle. The PSB should play a crucial role in sustaining the public sphere and providing citizens an opportunity to be part of it. In line with this, the paper examines the possibility of citizens’ stronger participation through the concept of Public Service Media and active citizenship. Initially, this paper aims to identify the challenges PSB faces in Macedonia compared with similar dilemmas in Western democracies, and, secondly, its goal is to position Macedonian PSB in a normative framework for future transformation. Two major challenges to PSB, of relevance to Macedonia, are identified in the literature with respect to the digital age: (i) commercial pressure and pressure from European competition regulation, by which it is claimed that PSB is pushed to the margins, making it obsolete, and (ii) technological pressure – meaning that new technologies and the internet era are dramatically changing the patterns of media consumption, so the main challenge for PSB is how to reach the fragmented audiences and how to encourage their motivation, as citizens, to participate in their programs. However, Macedonian PSB faces more pressing challenges. This is the reason why this paper is based on three main claims which will be further explored. First, Macedonian Radio-television (MRT), on top of challenges of commercial pressure and pressures from new technologies, faces the pressure of political authoritarianism as its most important predicament. Second, MRT has a future in the specific socio-political context only if it moves towards a ‘participative model’ to match the pressures from societal groups for participatory democracy, and, thirdly, establishing an enduring relationship with the public and civil society is the first condition for PSB to regain trust and legitimacy in the society. In the analysis of the transformation of PSB in Macedonia we have used the conceptual frameworks developed within the comparative media systems and media policy studies. In addition, in an attempt to detect the methods of transformation we rely on the critical theory of political economy and on those scholars and policy-makers who argue that PSB is still a legitimate form of media organization in contemporary societies, with the same basic functions adjusted to the new technological environment. We draw our arguments on the conceptual distinction between the three regulatory approaches for the future transformation of PSB, taking the stance that with the current societal and political tendencies in the country the policy makers and the national PSB should follow the approach of ‘adding to broadcasting’. This approach maintains the idea that the traditional broadcasting services of PSB are of crucial importance, but adds new services as equally important for its redefined remit. Following the introduction, the next section provides a discussion on the contemporary theoretical and policy debates concerning the future of PSB, also highlighting some of the key issues relevant for post-communist countries and describing the methodological approach. Section 3 contains an overview of the country’s political and social context, a brief description of the media landscape and the structure of Macedonian PSB. In Section 4 we isolate some of the most pressing political challenges – including the concerns that arise from the increased tendency toward authoritarianism. Here we also discuss the financial and technological aspects of the MRT operation and analyse the fulfillment of its socio-cultural functions. In Section 5 we discuss our findings in the context of wider theoretical debates and emphasize the key trends and challenges for the future development of PSB. We conclude in Section 6 with the development of ideas for the future of PSB that would overcome present political challenges and would be based on a participatory model. In the end, in Section 7 we give some recommendations for the future direction of the PSB transformation in the country.

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The Future of Public Service Broadcasting in Croatia

Author(s): Davor Marko / Language(s): English

The transformation of the former state-controlled Radio-television Zagreb into a broadcaster serving the public interest in Croatia, and its subsequent reform to comply with the European standards and principles is the main focus of this paper. Croatian-Radio Television (Hrvatska radiotelevizija, or HRT) - as the reformed broadcaster was named after the first multi-party elections in 1990 - underwent several developing stages. The analysis provided within the study reflects on the process of its evolution against the backdrop of specific political, social and economic factors, also taking into account challenges of a substantial and technological nature. In recent years, as Croatia moved towards full membership of the EU, the status and operation of the PSB, as well as its broadcasting regulatory mechanisms and media policies, were reviewed to bring them in line with the new EU regulations. Croatia’s case seems somewhat unique compared to other countries that were once part of the former Socialist Republic of Yugoslavia, but it also shares some similar contextual characteristics. First and foremost, the funding model is what sets apart the Croatia’s PSB from other Western Balkan post-socialist states. Considered one of the most successful models, HRTs license fee collection system has been continuously and systematically improved since the 1960s when it was first introduced. Albeit the level of editorial independence and financial sustainability has seen frequent oscillations at different points in time, HRT maintains its financial sustainability, and manages to drive its internal development. Like the other countries, Croatian PSB is under permanent political pressures, while its program has been commercialized, becoming less distinctive from content provided by commercial competitions. In order to assess the transformation of HRT into a public service, considering the challenges to its current operation and further development, the paper intends to answer the following questions. The first is related to the development of regulation and media policies in regard to PSB, including the various actors involved, the political setting, and internally or externally driven reforms. The second question targets the current regulation, status and role of the PSB in Croatia, with special attention to the PSB remit, funding model, formal and de-facto independence, market share, and the progress regarding technological innovations and digitalization. Finally, the paper deals with the challenges to the PSB operation in Croatia, taking into account ongoing debates on the global level, and country-specific discussions. This research draws upon the ongoing debates on the status and operation of PSB in a changing media environment. Technology developments, commercialization processes and the growing role of the market in defining media roles and audience tastes, information abundance, and audience fragmentation significantly define what we know today as ‘media ecology’. In such a context, the status and role, funding model and social role of PSB, and its relation with the audience, are contested. To evolve into a genuine public media, Croatian Radio-Television has to face these challenges both internally and externally. This study follows recent and ongoing debates on the future of PSM, and builds its analytical framework on concepts and ideas developed by contemporary PSM scholars such as Donders, Lowe, Moe and Van den Bulck, also taking into account theoretical accounts of media and PSB developments in the post-socialist area, including Jakubowicz, Sukosd, Splichal, and others. This research paper is divided in four main sections. The following section outlines the main theoretical concepts and the key debates in regard to the future of PSB. The third section reflects on the country background including political and economic factors, the development of the media system in Croatia and its PSB. The final section summarizes the main findings and discusses them in relation to the socio-political context and contemporary trends related to regulation, funding and the technological developments related to PSB in general. A discussion of the main trends and dilemmas on the European and regional level is presented within the final section.

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Public Service Broadcasting in Montenegro

Author(s): Nataša Ružić / Language(s): English

The aim of this paper is to examine the status and operation of the public service broadcaster in Montenegro and the process of transformation of the state-controlled Radio Television of Montenegro (Radio i Televizija Crne Gore, or RTCG) into a public service broadcaster. The paper elaborates on the current situation with RTCG and attempts to provide insights into the prospects for its future, in the context of contemporary European and local debates, tackling the obstacles, challenges and changing policy streams when it comes to public media. In doing so, special attention is given to the political, economic and social factors that influence the transformation of the state broadcaster in Montenegro. The former state controlled broadcaster was formally established as a PSB in 2002, and this is when the transformation process started. The path towards the development of PSB was not an easy task given the complex contextual factors and obstacles that RTCG faced. The former state broadcaster RTCG, remembered for the dissemination of hate speech during the Yugoslav wars during the 1990s, for political obedience to the ruling party and for its financial ruin, was suddenly supposed to transform itself into a geniune PSB to serve primarily the citizens of Montenegro. Moreover, such a transformation was happening in an extremely complex political and economic context: the country found itself in the midst of democratization and liberalization processes, while at the same time negotiating its accession to the EU. The financial crisis put immense pressure on the government and the media market, limiting the scope of any intervention that aimed at the sustainable institutional transformation of RTCG. Taking these contextual factors, and the dynamics they produced, into consideration, this paper attempts to answer three sets of questions. First, how the initial media policy and regulations in regard to PSB were adopted, who the main actors were in the process (considering the EU influence), and how these actors interacted with each other. Second, what is the current situation with the PSB regarding the implementation of policies and reforms, giving special attention to the PSB remit, funding model, formal and de-facto independence, market share, and progress regarding the digital switchover in Montenegro. And, finally, what are the key challenges for the future development of PSB in Montenegro, taking into account the impact of new technologies, convergence and digitalization on the prospects of the PSB in the rapidly changing multi-channel environment. Another aspect of interest to this study is that of the influence of the EU on the national media policy due to the competition approach of the EU. Last but not least, this research question also relates to the overall changes in the broadcasting market, with the proliferation of new media platforms and the increased commercialization of broadcasting. In order to answer these questions, the paper heavily relies on contemporary scholarly debates on the future prospects of PSB, especially drawing upon the analysis and theoretical propositions by Jakubowicz , Picard and Siciliani , Rumphorst , Moe , Hallin and Mancini. Furthermore, special attention is given to the role, function and prospects of PSB in post-communist, transitional societies as analyzed in the works of Car and Veljanovski. In the search for an answer on the abovementioned questions, the paper provides an analysis of the existing legislation, as well as semi-structured interviews with members of the administrative bodies of the public service broadcaster and media experts in Montenegro. This paper presents the argument that the former state-owned media company in Montenegro was not fully transformed into a public service broadcaster. After taking into consideration the key debates, contextual factors, and contemporary trends relevant to the development of a PSB, paper argues that the transformation of the state-broadcaster into a genuine PSB in Montenegro has so far not been successful. As will be demonstrated, the PSB remains a highly politicized and dysfunctional institution, while policy debates are centered mainly around basic issues of financial sustainability and political (in)dependence. At the same time, there is no substantial debate on the role of PSB in the society, its relevance in the convereged digital environment, and its public service function. Given the current situation, the future of PSB in Montenegro seems bleak, to say the least. The paper consists of five sections. In the first part of this paper the PSB is analyzed from a theoretical point of view, while in the second part of the paper the process of transformation of RTCG as a state media into a public service broadcaster is considered. The second chapter will deal with the definition of public service broadcasting and basic characteristics of this system, including analysis of debates on the global and local levels, outlining the opposing views of theorists and international organizations concerning legislation, models of funding, remit debate and technology debate. The following subsections present debates on PSB in the countries of the Western Balkans, as well as a methodological framework used for research and analysis. In the third chapter the paper will present the public service broadcaster in Montenegro and identify the problems faced by this media outlet. In the fourth chapter we will analyze the legislation in Montenegro, the funding of the PSB, the process of digitalizing and the sociological, cultural and political aspects in which the public service broadcaster is trying to operate. The concluding chapters include a discussion of the main findings, final remarks and recommendations.

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The Prospect and Development of Public Service Media: The Case of Albania

Author(s): Besart Kadia,Blerjana Bino / Language(s): English

Following the collapse of the communist regime in the early 1990s, contemporary Albania has been undergoing a series of economic, social, and political transformations. Such encompassing transformations affect, among other things, the role of media in society and in the democratic processes, particularly the public service broadcasting (PSB), which, in principle, has the potential to contribute to democratic advancements in post-communist countries. The aim of this research paper is to investigate the current and future developments of the Albanian Radio and Television (RTSH) by analysing dimensions such as politics, policy and regulation, market and financing models, digitalization and technology development as well as socio-cultural issues. The specific objectives of the research are: (i) to explore the PSB challenges and future perspectives in the political and socio-economic context in Albania: post communism; democratization; EU accession; liberal reforms and free market; new social and cultural trends; and (ii) to propose recommendations for the future perspectives of PSB in Albania to respond to the contemporary developments in the country. The research is relevant both in terms of media policy and developments in Albania as well as for similar research conducted within media studies. First, the research is significant in terms of policy developments since it provides a comprehensive analysis of the current state and future perspectives of rtsh. This comes at a time when there is a growing interest in media developments in the event of digitalisation and intense proliferation of information and communication technologies (ICTs). In addition, debates on the future of PSB are important in light of the democratic processes in Albania and its EU accession. PSB reinvention and repositioning is to respond to the contemporary social, cultural, political and economic developments in Albania. Media and democratization as a research topic is relatively underexplored in Albanian media studies, which corresponds with the claim of Rupnik and Zielonka that mass media remains one of the poorly understood factors in the new democracies of the former Eastern bloc. Within this, public service broadcasting is neglected as a topic of research. Additionally, Voltmer points out that mass media have been largely ignored by mainstream democratization research in spite of the fact that media are playing a paramount role in the democratic processes. Following Hallin and Mancini’s note that research on Eastern European media systems is still in the process of emergence, lacking original research, this research on the case of Albania aims to contribute to the systematic and comparative analysis on PSB and media systems in the Western Balkans (WB). This research relies on qualitative methodology. Through analysis of primary and secondary data, and conducting in-depth interviews with media professionals, scholars and policymakers and the explorations of existing studies, reports and publications on media in Albania, the research analyses the current developments and future challenges of the transformation of Albanian Radio and Television into a public service broadcaster. The research questions are: What is the current situation of PSB in Albania? What is the policy framework on PSB: laws, regulations and institutions? What is the PSB position in the media market and the financial model? Where does PSB stand vis a vis technological advancements and digitalization? What are the future perspectives and challenges of PSB in Albania? The research concludes that the transformation of rtsh to a genuine public service media has to be done by taking in consideration the political, economic and socio-cultural context in the country. It is naïve at best to assume that rtsh in Albania can be detached from politics in a country like Albania with a high level of politicization marked by continuous all-encompassing confrontation between political parties. It is also not realistic to expect journalists to adhere to Western European professional journalistic standards, which are isolated from the conditions in which they work in Albania, such as lack of labor contracts, constant political pressure, self-censorship, financial instability, low level of adequate professional development, to mention but a few. Therefore, to provide recommendations for a deep and multifaceted transformation of the PSB in Albania, it is important to understand the complexity of the context. For rtsh to fulfill its remit as serving the public interest and to survive in a fiercely competitive media market, its transformation into a public service media is a viable option, which implies the use of online media tools to embrace the opportunities offered by media convergence. This will enable more transparency and quality programming; attract the audience and be responsive to the future prospects of Albanian society. The next chapter offers a theoretical and methodological background by outlining some of the key international debates on the future developments of public service broadcasting. This will be followed by an analysis of these debates in the context of new democracies such as in the Western Balkans. The research methodology will be outlined along with the challenges of the research. The third chapter focuses on the case of Albania by offering a description of the political, economic and social aspects that are relevant to the debate on PSB. This chapter will look into the major features of the media landscape in Albania as well as the background of the PSB, such as its history, organization and regulation. The fourth chapter will outline the findings of the research followed by discussions in relation to the conceptual framework. The final chapter provides conclusions and recommendations on how PSB should be developed in Albania.

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Participatory Model for Public Media in Macedonia: Reviving an Idea

Author(s): Igor Micevski,Snezana Trpevska / Language(s): English

One of the main reasons for the failed transformation of the public broadcaster in Macedonia is the political parallelism of the entire media system: the strong and durable links between the political parties and the media. The omnipresent political pressure, also applied on the public broadcaster, has changed from modest, subtle and concealed (as was the case in the 1990s) to brutal, direct and unidirectional (as has been the case since 2008). The non-transparent, insufficient and irregular financing of the PSB; the strengthened direct clientelistic ties between editors, journalists and political actors; the open threats and intimidations amounting to censorship and self-censorship, have contributed to the overall “politicization” of the PSB’s titular mission - to broadcast in the name of the public interest. Despite this diagnostic, the policy brief claims that PSB in Macedonia could have transformative potential by reinventing itself along its four core values: citizenship, universality, quality and trust. We claim that a feasible direction for its development would be a ‘Participatory Public Service Model’ (PPSM) – a model which should be based on a solid and stable connection between PSB and civil society.

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In a Vicious Cycle: Is There a Future for Public Service Broadcasting in Bosnia and Herzegovina?

Author(s): Tea Hadžiristić / Language(s): English

Since its creation in 2002, Public Service Broadcasting (PSB) in Bosnia and Herzegovina has struggled to fulfil its primary goals. Financial difficulties have brought the state broadcaster near the brink of collapse several times, while state capture by political parties has politicized PSB across the board2 and increased its dysfunction. Our research found that PSB in BiH has failed to secure a sustainable funding model, is not independent from politics, does not fulfil its remit, and has failed to adopt new technologies crucial to its continued relevance and survival. PSB is a victim of the political colonization of the media sphere, and weak, dysfunctional state institutions that suffer from the chronic disregard for the law demonstrated by ruling elites. At the same time, the ongoing debate about PSB in BiH is largely anachronistic, and fails to capture the core challenges and to articulate much needed innovative policy solutions that would look beyond the now largely outdated, defunct model of PSB that was introduced in 2002.

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The Future of Public Service Broadcasting in Kosovo: Will a Hybrid Model of Funding Change RTK’s Status Quo?

Author(s): Naser Miftari / Language(s): English

Radio Television of Kosovo was established in 1999 through a comprehensive international assistance program. In the years following the handover from international management to local ownership its financial situation became increasingly vulnerable. In 2009, ten years after it went on air, the license fee, which was paid by all households in Kosovo and was the main source of funding for RTK, was suspended, and RTK turned to being fully dependent on state funding in subsequent years. The growing dependence on the state budget has also eroded its editorial independence and credibility. This policy brief analyses the proposed amendments to the existing RTK Law (2012) regarding the re-introduction of the license fee, the selection and term limits of the RTK Board and management appointments, as well as proposed methods to ensure that RTK has greater accountability. It explores the suitability of these proposals and their implications in regard to the prospects and future functioning of Kosovo’s public broadcaster.

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Albanian Radio and Television – Towards Public Service Media: Expanding to Online Multimedia and Remodelling Its Relationship with Audiences

Author(s): Blerjana Bino / Language(s): English

The transformation of RTSH (Albanian Radio and Television) from a state-owned media to a public service broadcaster (PSB) has been challenging for many reasons, such as the internal organization of RTSH and the current trends of media convergence and digitalization. It is naïve at best to assume that RTSH can be detached from politics in a country like Albania, with its high level of politicization and continued confrontation between political parties. It is also not realistic to expect journalists to adhere to the normative standards of journalistic professionalism in isolation from the conditions in which they work. For RTSH to fulfil its remit of serving the public interest and to survive in a fiercely competitive media market, its transformation into a public service media (PSM) is a viable option, but it calls for remodelling its relationship with audiences and embracing the opportunities offered by media convergence in the digital area. This will enable more transparency and accountability; quality of programming; extended audiences and an increase in the overall profile and performance of RTSH.

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Kvalitet odgovora pravosuđa BiH na korupciju: preliminarni nalazi

Author(s): Not Specified Author / Language(s): Bosnian

Uprkos značajnoj ulozi pravosuđa u borbi protiv korupcije, istraživanja i izvještaja koji se bave problematikom procesuiranja koruptivnih krivičnih djela u BiH nema mnogo. Otežavajuća okolnost u tom smislu je neujednačenost statističkih podataka o radu sudova i tužilaštava u ovoj oblasti, ali i nedosljedna primjena proaktivne transparentnosti tih institucija. Analiza pokazuje da kvalitet sudskih i tužilačkih akata u BiH, kao neizostavna komponenta efikasnosti pravosudnih institucija, nije na zadovoljavajućem nivou, barem kada je riječ o koruptivnim krivičnim djelima.

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Obrazovanje Djece sa Invaliditetom u BiH: Dug Put od Integracije do Inkluzije

Author(s): Aleksandra Ivanković / Language(s): Bosnian

Zabrana diskriminacije vrijednost je na kojoj se zasniva svako slobodno društvo. Ova se zabrana deklarira u ustavima, zakonima, međunarodnim i inim sporazumima. Čitave međunarodne konvencije posvećene su različitim oblicima diskriminacije, ili tačnije, njihovom iskorjenjivanju. U borbi protiv diskriminacije, naročito usvajanjem sveobuhvatnog antidiskriminacijskog zakonskog okvira, izjasnili smo se za ravnopravnost spolova, obavezali smo se da ne diskriminiramo na nacionalnoj, etničkoj, ili na osnovi vjeroispovijesti, prihvatili smo, bar deklarativno, da je bilo kakvo razlikovanje na osnovu rodne pripadnosti ili seksualnog opredjeljenja zabranjeno. Ipak, ma kako se trudili da na velika vrata uvedemo ravnopravnost, diskriminacija i dalje ostaje ukorijenjena u jednoj bitnoj sferi života, za jednu nemalu grupu. Iako smo duboko zagazili u 21. vijek, naime, djeca sa invaliditetom i dalje nemaju pristup školama u koje idu ostala djeca. Djeca kojima “ništa ne fali”. Popis stanovništva 2013. godine propustio je da zabilježi broj djece sa invaliditetom. Ipak, procjene UNICEF-a iz 2006. godine govore da oko 6,5% djece u Bosni i Hercegovini ima neki oblik invaliditeta. Dakle, govorimo o brojci od oko 48.000 djece. Ipak, od ukupnog broja polaznika u vrtićima i osnovnim školama, tek je 1% djece sa invaliditetom. Dakle, tek svako šesto dijete sa invaliditetom dobija priliku da ide u vrtić sa svojim vršnjacima kojima “ništa ne fali“ ili dospije u redovne osnovne škole. U specijalne osnovne škole, pak, upisano je tek 940 učenika, ili tek 0,5% od procijenjenog ukupnog broja djece sa invaliditetom. Šta je sa ostalom djecom, ne zna se, ili to bar ne zna bh. zavod za statistiku. Naime, za veliki broj djece sa invaliditetom se smatra da ne mogu da usvoje nova znanja, te ih se ni ne pokušava obrazovati. UNESCO procjenjuje da velik broj djece u Jugoistočnoj Evropi nestane iz obrazovnog sistema, prosto jer ih sistem ne ubraja u statistike, a čini se da je tako i u BiH.

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Diskriminacija na osnovu invaliditeta u Bosni i Hercegovini: izazovi novih zakonskih rješenja

Author(s): Kosana Beker / Language(s): Bosnian

Zakon o zabrani diskriminacije Bosne i Hercegovine je izmijenjen i dopunjen 2016. godine tako što je eksplicitno propisano, pored ostalog, da je invaliditet jedno od ličnih svojstava na osnovu kojeg je diskriminacija zabranjena. Za razumijevanje diskriminacije lica sa invaliditetom i posljedično bolju zaštitu od diskriminacije važna je i dopuna koja se odnosi na krug lica koja su zaštićena od diskriminatornog postupanja. Definicija diskriminacije je dopunjena tako da je sada zabranjeno svako različito postupanje utemeljeno na stvarnim ili pretpostavljenim osnovama prema bilo kojem licu ili grupi lica i onima koji su sa njima u rodbinskoj ili drugoj vezi [...]. Ova dopuna je posebno važna za lica sa invaliditetom i njihove porodice jer nije rijetka situacija da su članovi porodice i druge bliske osobe lica sa invaliditetom izloženi tzv. asocijativnoj diskriminaciji, odnosno diskriminatornom postupanju ne na osnovu svog ličnog svojstva, već na osnovu ličnog svojstva druge osobe.

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