Schmidt supports appointment of RTV FBiH Management Board in a manner previously declared illegal by Inzko and the US Embassy

(Patria) - The parliamentary majority in FBiH, then led by SDP BiH, attempted in 2012 to appoint all four members of the Management Board (UO) of Radio-Television (RTV) FBiH, which was opposed by the OHR, the US Embassy, the EU Delegation, and the OSCE in BiH, stating that it was not in line with the rule of law.

Today, the authorities are trying to do the same. Nothing has changed in legal terms, except for the OHR's stance that something that was illegal in 2012 is no longer illegal today, writes Istraga.ba.

The Commission for Elections and Appointments of the House of Representatives and the House of Peoples of the Parliament of FBiH recently announced a public call for the appointment of all four members of the RTV FBiH Management Board, of which only Goran Samardžić currently holds a position, while three seats are vacant.

High Representative Christian Schmidt commented on the matter, stating that the appointment of all four members is not problematic.

"A member of the Management Board in the last year of their four-year term serves as its president. For this body to function, a majority vote of all its members or their consensus on a number of issues is required.

At the same time, in its transitional provisions, the Law provided for the appointment of all members of the first Management Board for terms of different durations to allow for the appointment of one member each year and to provide for an annual change of the body's president.

However, for more than ten years, one member of the RTV FBiH Management Board has been in a technical mandate, and for more than ten years, the Parliament of FBiH has not appointed anyone to this body.

Since the law does not provide for long-term non-appointments to this body, it must be interpreted in accordance with the goal set by the legislative body, which in this case is a fully operational Management Board and its unimpeded functioning.

This is the only way to return the work of the RTV FBiH Management Board to legal frameworks and enable the full capacity and operation of this body, without violating the principle of successive appointments," stated the OHR.

However, in 2012, only one member was serving on the Management Board, and the federal government attempted to appoint all four, which was opposed by the OHR, the EU Delegation, the US Embassy, and the OSCE in BiH in a joint statement.

"The latest activities in the Parliament of FBiH have raised concerns regarding BiH's obligations in the area of media independence and the rule of law.

In particular, attempts to replace all members of the RTV FBiH Management Board in one move are contrary to the principles of good governance and the Law on RTV FBiH, and undermine the independence of FTV.

Given that the EU will evaluate the extent to which BiH has fulfilled its obligations in achieving media independence as part of the accession process, and given that the OSCE Representative on Freedom of the Media continuously monitors BiH's activities regarding compliance with its obligations concerning media freedom, we jointly urge FBiH officials today to ensure the appointment of competent, impartial professionals to the FTV Board, in accordance with existing laws," the joint statement from December 2012 reads.

The Law on the Public Broadcasting Service RTV FBiH, in its transitional and final provisions (Article 65), states that the mandate of the Management Board members lasts for four years and that only during the initial appointment can all four members of the Management Board be appointed, with one member appointed for four years, one for three, one for two, and one for one year.

It is not possible to do the same now after the initial appointment, which the international community was aware of in 2012, stating that such an attempt is contrary to the principles of "good governance and the Law on RTV FBiH" and that it "undermines the independence" of FTV.

The question arises as to why the ruling coalition in FBiH is in such a hurry to appoint all four members of the Management Board, given that it can elect at least three by the end of its mandate?

This is because the appointment and dismissal of the general director require the consensus of the Management Board members, meaning no overvoting is possible, and the general director has a decisive influence on editorial policy as they appoint the editor of the news program.

The current parliamentary majority in FBiH, just like the one in 2012, is trying to do the identical thing, with one difference – that it has the support of the OHR, which has already shown in the case of the BiH Election Law and the FBiH Constitution that it is prone to changing its views on substantive issues.