Memorandum of Understanding on the Restructuring of RTV BiH, 10 June 1998

  1. We, the undersigned, pledge to undertake the reorganisation of Radio Television Bosnia and Herzegovina (RTV BiH) as set out by the High Representative and in accordance with the letter and spirit of the General Framework Agreement for Peace (GFAP). The Attached statute and charter provided by the High Representative will be the basis for this reorganisation, and may be subject to future development by the Interim Board of Governors.
  2. We commit ourselves, as part of the process of the general restructuring of the media landscape in BiH, to the provision of a public radio television service for the citizens of the whole of BiH and for the Federation. This will take place in accordance with the principles laid down in this MOU and in a phased and orderly fashion. The fundamental structures of both elements of this service are to be in place by the end of 1998.
  3. A public service broadcasting corporation will be established for BiH. The corporation will reflect the constitutional structure of BiH as defined in the GFAP. It will therefore be established on the basis of Annex 9 to the GFAP. As for the Federation, a new public entity television will be formed using the necessary technical infrastructure of RTV BiH. This public RTV will be subject to principles of administration and transparency as laid out in a new Statute and Charter provided by the High Representative.
  4. RTV BiH will immediately start with the process of restructuring. RTV BiH will continue its membership in the EBU and other international organisations. The establishment of Federation television and the restructuring of RTV BiH will begin concurrently.
  5. Until such time as the public corporation is established, the Presidency will appoint an interim Board of Governors for RTV BiH. This Board will be responsible for managing RTV BiH and will be appointed in accordance with a new Statute and Charter provided by the High Representative. It will be assigned the task of preparing a comprehensive proposal for the establishment of the corporation. At least one member of the Board of Governors is to be selected from the Independent Syndicate of Workers of RTV BiH. Whilst the International Community remains engaged in BiH one member of the Board of Governors will be appointed by the High Representative. The appointment of all members of the Board will be ratified by the High Representative. In the absence of an agreement on the appointment of the interim board by 12 June 1998, the High Representative will appoint the board directly.
  6. The interim Board of Governors will appoint the RTV BiH General Manager. This General Manager will be assisted by the member of the Board of Governors appointed by the High Representative as described in article 5 of this MOU. The International Community member of the Board of Governors, drawing on his broadcasting expertise, will also be empowered to supervise and administer the restructuring process. He will seek to promote the best European practises in terms of management, production and programming. He will work to attract financial, technical and professional assistance from the international community and European public broadcasters. He will be supported in these endeavours by the High Representative. He will ensure the independence of the network editorial stance and to initiate disciplinary procedures pending a final decision of the Board of Governors.
  7. The interim Board of Governors will also oversee the establishment of Federation RTV in accordance with the constitutional structure of the Federation and article 3 of this MOU. This process is to commence immediately. The interim Board will work together with the OHR on developing a law for the establishment of Federation RTV. This law is to be adopted as soon as possible.
  8. We commit to restructure RTV BiH to meet internationally-recognised standards of public service broadcasting. This will require the current RTV BiH, the Entity television, and the public corporation RTV for BiH to display transparency in financial administration, offer balanced treatment in all news, current affairs and other programming and promote tolerance among all ethnic communities.
  9. Additionally the current RTV BiH, Entity RTV and the public corporation will operate in accordance with the new regulatory and licensing procedures that will be administered by the Independent Media Commission (IMC) until new laws on media and broadcasting have been adopted by the BiH Parliament. RTV BiH will abide by the Provisional Election Commission Rules and Regulations for the Media as overseen by the Media Experts Commission (MEC) until IMC is fully established.
  10. We commit ourselves to the full reintegration of the whole transmission infrastructure within the Federation, as well as within BiH for use by the public corporation and the Federation RTV. All re-transmission, by terrestrial means, of programming from foreign states on the territory of BiH will conform to the regulation of the IMC, which will be established by 1 July.
  11. The High Representative and the Stabilisation Force (SFOR) is to have free access to all installations used for public service production and broadcasting including those currently used for the broadcast of foreign programmes.
  12. The reorganisation as set out by the High Representative will commence in good faith without delay.

Alija Izetbegovic, Chairman of Presidency (signed)
Kresimir Zubak, Member of Presidency (signed)
Momcilo Krajisnik, Member of Presidency
Miodrag Oljaca, President – Workers Syndicate RTV BH (signed)
Carlos Westendorp, High Representative (signed)

Office of the High Representative