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September 12, 2002
His Excellency Hamid Karzai
President, Transitional Islamic State of Afghanistan
C/o The Embassy of Afghanistan
2341 Wyoming Avenue, NW
Washington, D.C. 20008
Via Facsimile: 202-483-6487
Your Excellency:
The Committee to Protect Journalists (CPJ) wishes to thank your administration
for hosting last week's International Seminar on Promoting Independent
and Pluralistic Media in Afghanistan. CPJ is encouraged by the pledges
Your Excellency and officials from the Ministry of Information and Culture
made committing the interim administration to work toward guaranteeing
press freedom in Afghanistan.
On September 5, the final day of the conference, Deputy Minister of
Information and Culture Abdul Hamid Mobarez endorsed a declaration affirming
"freedom of expression as a fundamental human right and an essential
part of the free, modern nation Afghanistan aspires to build on the
principles of Islam, democracy, and human rights."
The conference declaration, which amplified many of the themes discussed
in a policy statement the Information Ministry prepared in June, included
a number of important recommendations. Among the key reforms suggested
for the government are:
- To include the fundamental right of free speech and free media
in Afghanistan's new constitution;
- To begin immediately a thorough and time-bound review of the
legal system as it affects the media, with the goals of creating
laws and procedures that promote freedom of expression, protecting
the rights of journalists, and guaranteeing their freedom to do
their work in safety, including publishing critical reports and
opinions. . . .The review should include revision of the system
to move legitimate legal actions against journalists out of criminal
courts and into civil ones; and
- To suspend immediately licensing provisions for publications as
required by the February 2002 Press Law.
CPJ also looks forward to the transformation of Radio Television Afghanistan
and the Bakhtar Information Agency into public-service entities, independent
of government control and protected from political influence.
As a nonprofit, nonpartisan organization dedicated to the defense of
press freedom worldwide, CPJ welcomes your administration's recognition
of the crucial role played by a free and independent media. CPJ, however,
remains concerned about political pressure on the media and the threat
of violence against journalists. It is essential that your government,
in the weeks and months ahead, refrain from interfering with the media
and take swift action against political leaders, military commanders,
and others who attempt to bully the press.
We appreciate your attention to these important matters concerning press
freedom and thank you for the generous hospitality extended to all who
participated in last week's seminar.
Sincerely,
Ann Cooper
Executive Director
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DECLARATION
OF THE INTERNATIONAL SEMINAR ON PROMOTING INDEPENDENT AND PLURALISTIC
MEDIA IN AFGHANISTAN
Kabul, Afghanistan, 5th September 2002
We, the national and international participants and delegates attending
the International Seminar on Promoting Independent and Pluralistic Media
in Afghanistan (3rd to 5th September 2002), thank both the Ministry of
Information and Culture of the Transitional Islamic State of Afghanistan
and the international donor community for organizing and implementing
the seminar.
In three days of discussions, the seminar has provided a forum for debate
on a wide range of issues Afghanistan will face in making a reality of
the vision of free and independent media in the government's 6th of June
Policy Declaration.
We affirm the Policy Declaration, in particular its recognition of freedom
of expression as a fundamental human right and an essential part of the
free, modern nation Afghanistan aspires to build on the principles of
Islam, democracy and human rights. We understand that creating and maintaining
free media is the concern of all people in society, from all ethnic groups,
all tribes, all professions, men and women.
We call upon the international community to honor and expedite disbursement
of pledges made at the Tokyo Conference. The international community will
benefit from its investment in and support of the reconstruction of Afghanistan,
including the development of free media.
We recognize that Afghanistan must have laws that promote and protect
the media if they are to serve the right of Afghans to a free flow of
independent and diverse information and opinion. The laws should aim to
allow the media to play the essential roles envisioned in the Policy Declaration
of making government open, transparent and accountable and in giving all
members of society a voice in the national debates that will shape and
accompany the national rebuilding.
To achieve these goals, we recommend the following actions:
Legal and regulatory issues
- It is recommended that the fundamental right of free speech
and free media be included in the new Constitution.
- It is recommended that a thorough and time-bound review of the legal
system as it affects the media begin immediately, with the goals of
creating laws and procedures that promote freedom of expression, protect
the rights of journalists, and guarantee their freedom to do their
work in safety, including publishing critical reports and opinions.
- It is recommended that the review include revision of criminal laws
affecting speech and media to meet international standards in definition
of terms to clarify the laws and provide safeguards against arbitrary
prosecution and political misuse. The review should include revision
of the system to move legitimate legal actions against journalists
out of criminal courts and into civil ones.
- It is recommended that steps be taken to achieve the Policy Declaration's
goal that anyone can publish newspapers and periodicals without obtaining
a license. Licensing provisions in the Press Law should be suspended
immediately.
- It is recommended that work begin immediately, as stated in the
Policy Declaration, to establish an Independent Broadcast Authority
to license radio and television broadcasters, equitably and pluralistically,
with protections against political or economic interference. Frequencies
should be allocated under well-defined criteria, which are transparent
and accountable.
- It is recommended that Open Government laws be adopted giving the
public and journalists access to information and meetings. Information
produced and held by government should be available to the public
and the media with narrowly defined exceptions open to appeal.
Public Service Broadcasting
- It is recommended that work begin immediately on transforming
Radio-Television Afghanistan into a public service broadcasting system.
In recognition of the significant role the media will play in the
debate over national reconstruction, a timetable for the conversion
should be agreed to by the end of 2002 and a detailed plan initiated
with the aim of significant progress towards this goal being achieved
by June 2004. This should include early creation of an independent
board of governors that reflects Afghanistan's diversity.
- It is recommended that as Radio-Television Afghanistan makes progress
toward becoming an independent public service broadcasting system,
the international community assist in providing the financial support
to enable national transmission. That includes construction of modern
media infrastructure, including in regions, to replace infrastructure
destroyed in 23 years of war.
Independent Media
- It is recommended that the international community continue
to provide financial as well as technical assistance to promote the
development of independent pluralistic media. At the same time, it
is recommended that media should strive to become financially independent.
- It is recommended that journalists form associations to advocate
policies and actions favorable to free and independent media and to
the public's right to receive information and opinion freely. That
includes participating in the drafting of laws favorable to the public's
right to know.
- It is recommended that journalists associations should make self-regulatory
codes of ethics and conduct to promote and ensure professionalism
and professional integrity. Associations should consider forming councils
to hear and resolve complaints from the public.
- It is recommended that steps be commenced to make Bakhtar Information
Agency a public entity independent of government authority, to compete
with independent, privately owned news agencies.
Implementation and Monitoring
- It is recommended that these plans be integrated as part of national
policy, and that sufficient resources be allocated within the government
s annual budgets, supported by international donors.
- It is recommended that a committee of journalists and other free
media advocates be formed to work with the Ministry of Information
and Culture in carrying out the goals presented in this Declaration.
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Reconstruction
and Development of Media in Afghanistan
The Ministry of Information and Culture Policy Directions
Kabul
6th June 2002
Our plan for the reconstruction and development of Afghanistan's media
is rooted in the vision of a social and political future that our people
deserve and aspire to, and has been promised by our government - a free,
independent and united Afghanistan, where government is the servant of
the people and accountable to them; where there is peace, justice and
the rule of law; and where people can build a modern society in accordance
with the principles of Islam, democracy and human rights.
This vision cannot be realised without free and independent media, which
can reflect our society as it is, truthfully and without bias. Our people
must be able to believe what they are told by their radio, television
and press if they are to trust their fellow-citizens and their leaders.
The media must become an essential instrument in making the government
transparent and accountable, and in generating national debate on the
crucial decisions which we will have to make in the rebuilding of our
country in the years ahead.
Our people have lived through more than two decades of war and poverty.
Most of them are illiterate. But they have been avid listeners of international
radio and they are a sophisticated audience. They appreciate and depend
on reliable information. The Afghan media will have to match the standards
of their international competitors if they are to win the respect and
confidence of the Afghan audience.
People all over the world, and Afghanistan is no exception, have access
to a multitude of international radio and television channels, thanks
to modern satellite communications. This massive flow of information cannot
be controlled and our media have no choice but to compete in a global
market.
Our press law, issued in February 2002, was a first step in opening up
the media environment in Afghanistan, allowing the establishment of commercial
and private radio, television, press and news agencies. To help and encourage
them further, we intend to amend, to clarify and to extend the scope of
our press law and develop the infrastructure which the media need to work
more effectively.
Key Policy Directions
- We propose to establish an Independent Broadcasting Authority to
be responsible for frequency allocation and for granting broadcasting
licences. The Authority will be protected against political interference
and will work according to clearly defined criteria. In close consultation
with broadcasters and representative institutions of civil society,
it will develop regulatory guidelines for the electronic media.
- We propose to transform the state radio and television into a national
public service broadcaster, which will be editorially independent
and accountable to the public. An independent governing body, representing
a wide cross-section of Afghan society, will oversee the functioning
of the national radio and television and will guarantee its editorial
independence.
- Everyone, everywhere in our country should over time have access
to the programmes of the national radio and television, which will
reflect fairly the ethnic, linguistic and cultural diversity of all
the people of Afghanistan, men and women.
- Education will be an essential component in our national radio and
television programming, covering a wide range of disciplines including
the promotion of civil society and practical skills education.
- Afghanistan is a Muslim country and Islam as a religion and culture
is an indissoluble part of our heritage. We will require the national
public broadcaster to give due place to Islam and its role in our
changing tolerant society.
- The government will have to fund the national broadcaster for several
years to come. But as the Afghan economy grows we will look carefully
at other potential sources of funding. In the long term the national
broadcaster will need to have a method of funding which can further
safeguard its editorial independence.
- We propose to reform the management structure of the national radio
and television and introduce modern policies and practices in its
administrative, editorial, technical, financial and human resources
management.
- We will need a comprehensive programme of training throughout all
levels and functions in all media sectors, in strategic planning,
management, financial, editorial, technical, and production skills.
- We propose to review the status of the government news agency, Bakhtar,
with the objective of transforming it into a national public service
institution, which will be editorially independent, and accountable
to the public.
- As telecommunication infrastructure improves and access to the Internet
grows in Afghanistan, we will help and encourage both the public and
private sectors to establish online services for audiences in Afghanistan
and abroad.
- Anyone will be able to publish newspapers and periodicals without
having to obtain a licence. The printed press will be subject to rules
of general application, as defined by common law.
- We will help and encourage the print sector to develop a self-regulatory
code of conduct in accordance with Afghan and international conventions,
in close consultation with the representative institutions of civil
society.
- We propose to review the status of all the government newspapers,
and allow as many of them as possible to become independent commercial
entities.
- We will help and encourage the establishment of independent institutions
for protecting journalists and safeguarding their professional integrity.
Journalists will be free to set up professional associations, but
will not be required to be members of any particular association to
be able to work in the media.
Next steps
Over the next weeks and months there will be extensive consultations
on these general policy directions with Afghan journalists, representatives
of civil society, and a wide range of other stakeholders. We will
hold an international seminar from 3rd to 5th of September 2002 in
Kabul with Afghan and international specialists to develop our policies
into an integrated strategic plan for the reconstruction and development
of Afghanistan's media with international assistance.
We are determined to rebuild our radio, television and press to international
standards, and set them at the forefront of the region's media.
Kabul
6th June 2002
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