Sarajevo, 2016. Sarajevo, 2016. About the publication SHRINKING SPACES IN THE WESTERN BALKANS

Publisher: Heinrich Böll Foundation, Office for Bosnia and Herzegovina On behalf of the publisher: Marion Kraske Prepared by: Jelena Vukobrat We gratefully acknowledge the substantial contribu- tion to the concept and realization of this publication by Mirela Grünther-Đečević. Language editing and proof reading: Adelina Stuparu Design and Layout: Triptih d.o.o. Sarajevo Cover design: Maja Ilić, Art4Smart Print: AMOS GRAF d.o.o., Sarajevo, 2016. Edition: 300 copies

CIP - Katalogizacija u publikaciji Nacionalna i univerzitetska biblioteka Bosne i Hercegovine, Sarajevo

316.334.3:321.011.5](497-15)(082)

SHRINKING spaces in the Western Balkans / [prepared by Jelena Vukobrat]. - Sarajevo : Fondacija Heinrich Böll, Ured za Bosnu i Hercegovinu, 2016. - 85 str. : ilustr. ; 17 cm

Bibliografija: str. 82-85 ; bibliografske i druge bilješke uz tekst.

ISBN 978-9958-577-18-5

COBISS.BH-ID 23368710

The views and opinions expressed herein are those of the author and do not necessarily constitute the views and opinions of the publisher.

All articles in this publication are subject to Creative Commons License CC BY-NC-ND 3.0 1 Table of contents

Introduction – An Appeal to (re)Open Space | Marion Kraske 3 Shrinking Space for Civil Society Actors Needs Serious Attention | Mirela Grünther-Đečević 7

- SHRINKING SPACE IN WESTERN BALKANS – CASE EXAMPLES - In the Aftermath of the Croatian "U-turn" – Damage Control for Civil Society | Vedran Horvat 10 Populism and Crime as a Model of the Macedonian Political System | Nano Ružin 14 Macedonia: A Captured Society | Xhabir Deralla 21 Macedonia: Occupation of Public Space | Ivana Dragšić ...... 27 Serbia: Regaining Space | Dobrica Veselinović 33 For the Locals Unwanted, for the International Community a "Necessary Evil" | Saša Gavrić 37 Public Space Belongs to Us | Dražana Lepir 42 Albania: Shrinking Spaces, Battles and Striving to Foster Trust in Civic Activism | Alida Karakushi 47 Republika Srpska: A Chronology of Restrictions for Civil Society Organisations | Dragana Dardić 53 Bosnian Blues: Culture, Pressure, Suffocation | Nenad Veličković 57 Academics under Threat – A Personal Experience | Slavo Kukić 60

- SHRINKING SPACE AND THE ROLE OF MEDIA - Media and Public Space in Democracy | Lejla Turčilo 64 Investigative Reporting in the Era of Shrinking Spaces | Leila Bičakčić 70 Media in Serbia – The Fight Continues | Jelena Vasić 74 Ways to Open Space | Dragana Dardić 77

Bibliography 82

3

The masked thugs came at night, demol- INTRODUCTION ished and destroyed, in order to create space for stylish apartment buildings and – AN APPEAL expensive restaurants. This night-time attack in Belgrade brought back memo- TO (RE)OPEN ries of dark times. Precisely there, where at the end of April 2016 the instruments SPACE of power of times past were once again brought back to life, should Belgrade’s so- called project of the future emerge: The Marion Kraske, Waterfront Project, a costly gigantic archi- tectural endeavor on the Sava, planned Office Director of the and developed from the very top, entirely Heinrich Böll Foundation, without civic participation. Bosnia and Herzegovina, Critics complaining about the lack of Macedonia and Albania, transparency of this investment have been Sarajevo a thorn in the side to the investors and beneficiaries of this gargantuan project: those who openly demanded that the inci- dent be investigated were threatened. The calls for help the police station received during the night of the attack went unan- swered. As the Serbian Ombudsman later determined, the police had a deal with the attackers. Welcome to Serbia, year 2016, a land which, according to the statements of its Prime Minister Aleksandar Vučić, is striv- ing to make its way into the European Union as soon as possible. The attack surrounding the controversial Waterfront Project is admittedly merely one of many in the region of South-East Europe, which demonstrate clearly how drastically state officials misuse their positions to quash or curtail civic participation. They often concern ostensibly meaningful large- scale projects, whose backgrounds and finances are quite murky and their posi- tive effects on the common good highly questionable. Such scenarios were also present in other Western Balkan countries; in Mac- edonia, critics of the Skopje 2014 project were discredited. This is another lavish construction project aiming at the com-

plete transformation of the city center, WESTERN BALKANS THE IN SHRINKING SPACE 4 INTRODUCTION – AN APPEAL TO (RE)OPEN SPACE

devised and implemented by the VMRO 129 developing countries and countries government, which has been in power for in transition, has come to this conclu- years. Thousands of citizens, who in the sion. The study yielded a sobering result: early summer of 2016, spent weeks in the in one fifth of the examined countries – streets under the motto Protestiram (I pro- out of which 74 are ruled democratically, test) to demonstrate against corruption and 55 by an authoritarian regime – there and criminal machinations of the politi- has been a significant drop in the quality cians in power, were branded enemies of of democracy and an increase in repres- the state. sion. Political participation, an important In the youngest EU member state, Cro- indicator of the state of any democracy, atia, the November 2015 elections led to is either decreasing progressively, or is a shift to the right. Since then, old enemy intentionally targeted. In 2015, CIVICUS, images have been used to silence the an organization which supports the rights opponents. Journalists who did not sup- of civil society worldwide, found restric- port the party line of the newly strength- tions of fundamental rights, such as the ened national-conservative HDZ, were right to freedom of opinion and assembly, pushed out of their positions in order to in 109 countries worldwide. destroy, to quote the Croatian Journal- Europe and its periphery are also ist Association, "any trace of support by affected by these tendencies to a concern- the government for a multicultural and ing degree. Whereas in the wake of the dis- cosmopolitan stance in the media sec- integration of the Soviet Union at the end tor". The new revisionist tones have had of the 80s/beginning of the 90s, libertarian a detrimental effect on public discourse and democratic trends emerged and the in the country: those who opposed the principles of freedom and self-determi- crude reinterpretations have been tar- nation saw a historical triumph, a quarter geted by governmental agencies, mar- of a century later, a return to anti-liberal ginalized, and intimidated. At the recent and autocratic tendencies is taking place. elections in September 2016, the new HDZ The Heinrich Boell Foundation, which leader Andrej Plenković won the elections operates in around 60 countries in the promoting "a new culture of dialogue". It thematic fields of human rights and remains to be seen whether this will also democracy, is alarmed in view of these reflect on the relationship with civil soci- developments and the resulting shrinking ety. spaces for civil society actors. The degree In Bosnia and Herzegovina, the ruling of the repression, according to the Board powers in the Republika Srpska (RS) have of the Heinrich Boell Foundation, has been trying to nip in the bud the ever- never been so high in the past 25 years. growing criticism of nepotism and mis- The mentioned tendencies often management. Citizens who practice their manifest themselves particularly on the right to freedom of expression, are penal- periphery of Europe, in the fragile struc- ized draconically. Those who think differ- tures of the Western Balkans, where the ently than the political power cliques, are instruments of state repression are utterly delivered the proverbial bill. complex: journalists are threatened, and All these scenarios follow a worldwide scholars who do not follow the party line trend: be it Thailand, Turkey or Egypt – are discredited and marginalized. For democracy has been on the decrease. instance, activists struggling against the A study published by the Bertelsmann destruction of the few park areas in the Foundation, examining developments in Albanian capital Tirana were bullied and INTRODUCTION – AN APPEAL TO (RE)OPEN SPACE 5 beaten by the police. In other places, as The countries of the Western Balkans the example of Macedonia demonstrates, right now have the opportunity to join the engaged citizens are labeled as criminals rest of Europe: Bosnia and Herzegovina, by a power-hungry political clique, alleg- which after ten years of political agony edly representing a national interest. This submitted an application for candidacy narrative keeps emerging in the propa- status in February 2016, Macedonia, ganda those in power resort to: people which has been a candidate since 2014, demanding more democracy and par- Serbia, whose EU path the Prime Minister ticipation, protesting against corruption recently confirmed through the elections, and nepotism, are labeled enemies of and finally Albania, which for decades had the state, precisely by those who system- been sealed off by a paranoid dictator, is atically trample upon the common good. now opening gradually. Narcissistic power Such measures are regularly followed by cliques have been thwarting historical special NGO laws which aim at hindering chances for successful sustainable trans- the cash flow for NGOs. When it comes to formations, or have thoughtlessly jeop- repression, the governments have proved ardized – as has been the case in Croatia to be utterly resourceful. Social media – democratic achievements. plays a particularly important role here: As diverse as the approaches may be civil society actors are often discredited in individual countries, there is a com- online, their personal data and addresses mon pattern: actors, who attempt to are published – in the digital age these exercise their civic rights, are perceived measures are used by state agencies and by the political elites as obstacles to be their backers as a tested tool to outlaw overcome. This clearly contradicts inter- their critics. Others, as in the RS in Bos- nationally binding declarations of vari- nia and Herzegovina, end up on a black ous organizations. At the beginning of list. Citizens are hindered from protesting July 2016, the UN Human Rights Council publically, while public space is intention- adopted a resolution addressing the value ally occupied. These are also the ways in of a strong civil society and appealing for which harmless civic activism is nipped in fundamental rights, such as the right to the bud. free speech and assembly, be respected. The phenomenon of the captured In this context, another pertinent issue state lies behind these tendencies: cor- emerges: when the EU, despite statements rupt networks use their power in all areas to the contrary, is not perceived as a strate- of the state, not to do politics in the proper gic partner by civil society in the Balkans, meaning of the word, or to devise solu- when representatives of the international tions for social and economic problems, community fail to answer requests for but to be able to utilize the state as an meetings by well-intentioned citizens, eco-system for enriching themselves. The when the EU and other stakeholders do issue at hand is about power, about access nothing to support these citizens in their to state resources – Big Business at the struggle against power-hungry politi- expense of the common good. cians, this leads to serious limitations of In order to keep Big Business up and civil society’s field of operation and to the running, civic actors’ field of operation is entrenchment, precisely of the political rigorously limited or – in the worst cases – caste, which has consistently been hin- entirely closed. Democratic achievements dering successful democratization in the are thus perforated and transformation region.

processes frozen. WESTERN BALKANS THE IN SHRINKING SPACE 6 INTRODUCTION – AN APPEAL TO (RE)OPEN SPACE

With this publication, the HBF Office in Sarajevo would like to contribute to shed- ding light on the complex mechanisms of shrinking spaces, provide analyses, and develop adequate countermeasures. The goal of the Foundation is to expand the field of operation for civil society actors since, without civic engage- ment and participation, democratization cannot succeed. 7

An empowered civil society is a crucial Shrinking component of any democratic system and democratic process, as it fosters pluralism, Space for Civil and can contribute to more effective poli- cies, equality, sustainable development, Society Actors and inclusive growth. While states carry the primary responsibility for develop- Needs Serious ment and democratic governance, syn- ergies between states and civil society Attention organizations can help overcome chal- lenges in many aspects of a democratic process. Mirela Grünther-Đečević, Civil society’s participation in policy International Development processes is key to ensuring inclusive and effective policies because it contributes to Expert, Sarajevo building more accountable and legitimate states, leading to enhanced social cohe- sion, more open, and deeper democra- cies. By articulating citizens’ concerns and being engaged in democratic initiatives, civil society organizations are active actors in the public space. They represent a grow- ing demand for transparent and account- able governance. The last decade has witnessed con- trasting developments globally, but also in the Western Balkan region. Civil society organizations have increased in number and responded to new social- political challenges, however the relation- ship between the state and civil society organizations is often difficult. A limited tradition of dialogue still prevails in many countries of the Western Balkan region and far too often the space for civil society remains narrow, or is even shrinking, with severe restrictions applied. In many contexts civil society organi- zations face limitations in their oppor- tunities to work. On the other hand, civil society organizations often face chal- lenges of internal governance and capac- ity, dependency on international donors, as well as competition over resources. Space starts to shrink when govern- ments see civil society and their activi-

ties as a threat. As a result, they use tactics WESTERN BALKANS THE IN SHRINKING SPACE 8 Shrinking Space for Civil Society Actors Needs Serious Attention

to discredit and weaken them, thereby omy and social inclusion. Civil society shrinking the space in which they can is making a substantial contribution to work and act. Limiting space for civil soci- addressing many of these through their ety to act is at the same time questioning lobbying, advocacy and oversight activi- their legitimacy. Governments are erecting ties at national, regional and local levels. legal and administrative barriers, making When it comes to democratic gov- it more difficult for civil society organiza- ernance, the rule of law, and human tions to operate, in particular those who rights, including the freedom of expres- receive foreign funding. In many coun- sion and association, minority rights and tries, many civil society organizations are human rights of LGBTI persons, they cre- restricted when they attempt to hold pub- ate demand for enhanced transparency, lic gatherings, express their views, or set up accountability and effectiveness from new organizations. public institutions and a greater focus on As mentioned, this is becoming a sig- the needs of citizens in policy-making. nificant and worrying trend, both in and Civil society organizations in the region outside of the European Union. There is a have also demonstrated their ability to ini- great need to address this issue very seri- tiate effective anti-corruption initiatives, ously. The borders of freedom are chang- contribute to regional integration and rec- ing, also within so-called democratic onciliation processes, support independ- societies. It is not limited to authoritarian ent media, campaign for gender equality, or dictatorial regimes. The governments fight against discrimination, and promote that limit the space for independent civil social inclusion and environmentally sus- society are learning from and copying each tainable policies and practices. other. As civil society actors have found new spaces to organize and express themselves, What Role can the European in particular in the 21st century, by using Union Integration Process new technologies, authorities have also Play? found new ways to restrict public political space. There is a trend, also in the Western Balkan countries, that civil society actors In its 2012 Council conclusions1, the Euro- funded by international organizations pean Union (EU) recognized the tendency who criticise governmental actions, are of shrinking spaces for civil society organ- labelled as "foreign agents", which harms izations and committed itself to fostering the organizations’ credibility. a dynamic, independent environment Closing space often correlates with in which civil society could grow. It also weak links between civil society and the advocated engagement with civil society citizens, and their heavy reliance on for- in a more meaningful and structured way. eign funding. Having a limited number The Council is committed to ‘promote of donors and lacking a broad support stronger partnerships between authorities base among local citizens, they risk losing and local civil society organizations and touch with the very people their actions ‘address threats to NGOs’ space’ in a 2015- are meant to represent. The Western Balkan countries face a 1 European Commission, The roots of Democracy range of challenges, especially in fields and Sustainable Development: Europe’s Engage- ment with Civil Society in External Relations, such as the rule of law, human rights, (2012), Shrinking Space for Civil Society Actors Needs Serious Attention 9

2019 Action Plan on Human Rights and Support to civil society organizations is Democracy2. framed within collaborative multi-actor In light of this context, the Commission partnerships coordinated with national proposes an enhanced and more strategic authorities, with the long-term objective approach in its engagement with local civil of promoting more accountable, effective society organizations covering all regions, and sustainable systems at the service of including developing, neighbourhood citizens. and enlargement countries. Therefore, In addition, initiatives of civil society the emphasis of the EU policy will be on organizations can be supported when civil society organizations’ engagement to addressing issues that do not receive ade- build stronger democratic processes and quate consideration within national poli- accountability systems, and to achieve cies, but are the key to social progress and better development outcomes. reflect human rights concerns, as well as There are three priorities for EU support3: sustainable development issues. • promoting a conducive environment Having that in mind, civil society in for civil society organisations in part- the Western Balkans aspiring to join the ner countries so that they can fully EU can and should use this policy frame play their role in the delivery of social provided by the EU. Because a country services, transparency and good gov- that wishes to join the EU needs to have ernance advocacy and contribute to an appropriate legal, judicial and admin- policy making; istrative environment for exercising the • promoting a meaningful and struc- freedoms of expression, assembly and tured participation of civil society association.4 This also includes rights for organisations in domestic policies of civil society organizations such as for- partner countries, in the EU program- malized, transparent and non-discrimi- ming cycle and in international pro- natory registration procedures, free and cesses; independent operation and coopera- • increasing the capacity of local civil tion between citizens and the absence of society organisations to perform their unwarranted state interference. roles as independent development ac- The involvement of civil society in tors more effectively. the pre-accession process can contribute to deepening citizens’ understanding of the needed reforms a country must com- A Chance that has to be plete in order to qualify for EU member- Taken – by all Sides! ship. However, this involvement can also contribute to initiating and implementing The contribution of local civil society true and sustainable reforms, in order to organizations as partners in dialogue is avoid the scenarios of some neighbouring foreseen in the EU enlargement process. countries which have shown that, once a country is in the EU, the reform process

2 EEAS, EU Action Plan on Human Rights and can be reversed. Democracy 2015-2019, (2015), 3 European Commission, Civil society organisations - 4 European Union, Guidelines for EU support to international cooperation and development, (2013), civil society in enlargement countries 2014-2020,

sations_en> civil_society/doc_guidelines_cs_support.pdf> WESTERN BALKANS THE IN SHRINKING SPACE 10

Let us imagine a country that worked hard In the Aftermath to fulfil a variety of political criteria to ensure standards of a highly democratic of the Croatian and plural society, in order to join the European family. As soon as the country "U-turn" – became a member, tensions among the family members increased, and the new- Damage Control comer country started to forget its own promises to behave well. Those who aim for Civil Society to safeguard the achievements at home are slowly becoming portrayed as trou- ble makers, if not public enemies, while Vedran Horvat, the country is sliding down into a spiral of Institute for Political Ecology, political violence and cultural wars with inclination to authoritarian rule, and even Zagreb engaging with relativizing the antifascist foundations of the state.

Destructive "U-turn"

This nightmare has been the reality for Croatia since the beginning of 2016. State officials made a "U-turn"; turning their backs on the European future, the anti- fascist past, liberal democracy and all achievements made during the last decade of the EU accession. Right-wing radicali- sation of conservative politics escalated to an extent that this government has pro- duced a systemic attack on civil society organisations, which none of the previ- ous right-wing governments dared to do. The "U-turn" is even more symbolic, as it resonates with "fascisation" (ustashisa- tion), namely with politics of revisionism of the Second World War and the role of the Ustasha regime promoted by some pro- tagonists, such as Zlatko Hasanbegović,

Vedran Horvat is the managing director of the Zagreb-based Institute for Political Ecology and managing board member of the National Foundation for Civil Society Development. From 2005 to 2015, he was the country director of the Heinrich Böll Stiftung office in Zagreb. In the Aftermath of the Croatian "U-turn" – Damage Control for Civil Society 11 who was appointed Minister of Culture5. be approved or tolerated at higher levels of He himself has proven to be instrumental governmental coordination. for the six-months attack on the institu- Additionally, cuts induced by govern- tional architecture of civil society - there- mental decision to withdraw funding for fore, this "U – turn" indicated not only a many organisations in the cultural and denial of previous governments’ achieve- civil society sphere, indicated that the ments (including HDZ-led governments) right-wing state aims to deny the specific and the achievements of EU accession roles of some progressive institutions and in relation to political criteria, but also a re-gain political control over resources, declared clero-fascist position paired with directing them in accordance with their high level corporatism. ideological preferences and assumedly Let us remind ourselves that not so long clientelistic networks. Financial auster- ago, Croatia was often – rightly or wrongly ity measures accompanied by a distinc- - portrayed as a good pupil among the tive and pejorative discourse (if not hate Western Balkan countries who aimed for speech) on the liberal doctrine of civil EU accession. However, concerns (voiced society have been coordinated and well- by civil society organisations) remained orchestrated. Financial measures were that reforms are the result of EU condi- used as a political means of eliminating tionality and that the country will experi- the space for freedom of expression and ence a severe backlash, once it becomes (critical) thought, aiming to introduce a full member. After the completion of a panic and chaos into the system. Along long decade of the negotiation process and the line of culture, media and civil society, gaining full membership in the EU three they were paired with and accompanied by years ago, these doubts have proven jus- instances of attacks on well-known jour- tified. In early 2016, a right-wing govern- nalists, by pressures on the independent ment was formed and almost declared an media sphere, resulting in the resignation institutional war on organised civil society of progressive editors and severe interven- organisations using political, financial and tions in human resources policy at the legal means to eliminate sources of criti- public television. cal thinking in the country: in the media, It is important to remember that, since culture, civil society and education. All the early 2000s, the institutional architec- these spheres were targeted with severe ture has been designed and built to sup- cuts of financial support, while decisions port independent and pluralist funding remained purely ideological and indicated of the civil society in Croatia. Originat- a complete lack of understanding of the ing from governmental support to civil role of civil society. Most of these attacks society funding, which remained institu- did indeed have a point of departure in tionalised in the Governmental Office for the Ministry of Culture, but happened to NGOs, the National Foundation for Civil Society Funding was established in 2003, 5 Zlatko Hasanbegovic, a 42-year-old historian who with the aim to develop a successful model became culture minister in late January 2016 after the country’s latest election produced a new of independent funding for civil society in right-wing ruling coalition. Hasanbegovic had been the country. In the last decade, the Foun- a prominent figure in a small ultra-rightist party dation has become the major and most that openly extols the fascist World War II-era Ustashe movement. As a historian, his work focuses important source of funding for civil soci- on downplaying the crimes of the Ustashe and cau- ety organisations in the country, offering tiously rehabilitating their ideas. See more at http:// foreignpolicy.com/2016/05/06/croatias-far-right- institutional and programmatic support, SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE weaponizes-the-past-ustase-hasanbegovic/ as well as support for networking, occa- EXAMPLES CASE 12 In the Aftermath of the Croatian "U-turn" – Damage Control for Civil Society

sionally being innovative and open for against physical attacks on journalists. At more participative forms of grant-making. the major public broadcasting television Except for the National Foundation for (HRT), dozens of main editors and jour- Civil Society Development, the Council for nalists lost their jobs or positions once the Civil Society Development was formed as a new director was installed, shutting down volunteer-based advisory body composed pluralism and turning public television of members of civil society, government, into PR for the ruling government and fab- trade unions and employees that regularly ric of ethnoreligious glorification of Croa- meet for exchange and consultations. This tian nationalism. In the sphere of culture, triangle of institutionalised support to severe cuts and re-distribution of funds civil society has proven to be a vital com- were made in order to undermine support ponent for the maintenance of civil soci- for independent cultural scenes, while at ety funding, including development of its the same time supporting other cultural legal and institutional equivalents. Even projects that focus on the re-nationalisa- more importantly, it remained merely tion of culture, and even propelling the independent and resilient in relation to revision of historic interpretations. political changes, until the very moment One of the most noticeable attacks that the events in early 2016 occurred. Further- followed, was on the funds for the National more, this sort of coordination and coop- Society for Civil Society Development, eration developed at the institutional level which lost more than half of its annual has proven to be one of the rare success budget, as the State decided to reduce the stories and role models, not only in the amount of the lottery funds allocated to South East Europe region, but also across the Foundation. This resulted in the crea- Europe. tion of the highest instability of civil soci- ety and with many jobs lost in this sphere. In less than six months of power, these Civil Society Eco-system attacks have produced severe damage. Under Stress

With the right-wing coalition government Pluralism does not Include under HDZ composed in early 2016, this Discrimination and Exclusion developed and institutionalised ecosys- tem came under direct attack from the These events have mainly demonstrated government, which apparently aimed to that civil society in Croatia was put under eliminate sources of political opposition a new form of stress through this merely and critical thinking. Although not in the ideological battle in which the state used sphere of parliamentary politics, many and usurped power to eliminate politi- civil society organisations and move- cal opponents and reduce the pluralism ments in Croatia became relevant social of actors. Even more importantly, let us forces that produced influence and were notice that the political battle on this level able to make an impact. It was not only the was developed a few years earlier, with civil society that was under this pressure the so-called neo-conservative revolution aiming to reduce room for public debate that proceeded with the appointments of and decrease capacities for organisa- Hasanbegović and Prime Minister Tihomir tion. First measures were directed against Orešković, and with the establishment of independent media, at the same time fol- their radical neo-conservative movement, lowed by a lack of public condemnation "U ime obitelji" (In the name family), In the Aftermath of the Croatian "U-turn" – Damage Control for Civil Society 13 which was the initiator of the referendum vote against gay and lesbian marriages. Unfortunately, the success of this refer- endum has given more power to these groups to replicate successful operational and campaigning models of progressive civil society organisations. Accordingly, attacks on sources of funding need to be read through this perspective, particularly noticing their constant claims for plurali- sation of civil society funding. What oddly remains unclear to "U ime obitelji" is for sure that values which include discrimi- nation, hate speech, any sort of exclusion, violation of human rights of any genera- tion together with sympathies for fascism, cannot be ever recognised within any ver- sion of societal pluralism and therefore have to stay without any support of public funding. With new elections in the HDZ party (Croatian Democratic Union) and in the country, there is hope that damage done to the civil society ecosystem will be repaired. Lessons learnt however are multiple – civil society in Croatia has learned that it is not enough to have developed institutional models, but that both a more massive scale of popular recognition and political sup- port for this ecosystem is needed to pre- vent similar scenarios in the future. This alarming episode will surely make us more innovative and alert... SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE CASE EXAMPLES CASE 14

"The people are always right", "The peo- Populism and ple are clever – only the people make deci- sions", "Our farmer is the wisest and the Crime as a most hardworking", "You are either with us or against us – there is no third option"... Model of the How many times have we heard such sweet messages from our Balkan leaders Macedonian and ‘voivode’, addressing the masses dur- ing election campaigns?In our regional Political System microcosm, whether we call it the Western Balkans or South-Eastern Europe, the Bal- kan homo politicus from Slovenia, Croatia Nano Ružin, and Hungary, Romania, Serbia and Bosnia FON University, Skopje and Herzegovina, to Macedonia, Kosovo, Albania, Greece and Montenegro, shows similar traits of political populism. The politicians are in politics because they long for power. Power is like drugs. Once a leader or demagogue tastes it, he becomes addicted. Should he be treated? Belgian psychologist Pascal de Sautter even set a diagnosis: excessive craving for power creates political lunatics and megaloma- niacs (Pascal de Sutter, 2007). Power may directly create a paranoid leader. There are many leaders in the Balkans today who see themselves as the personifica- tion of reformers, as individuals invited by history, shepherds, and the incarnation of ancient and medieval heroes chosen by fate to lead their people into a happy future. They are ready to build Pharaoh- scale projects, such as the Skopje 2014 project, the world’s highest - 35-meter high - statue of Alexander the Great, or the mammoth-size hydro-urban project Belgrade on Water (Belgrade Waterfront) in order to, allegedly, raise the ruined dignity of its people. Actually, what they are trying to do is make themselves eternal, through megalomaniac projects, just like many authoritarian despots did – Stalin, Hitler, Ceausescu, Kim il-sung, or builders such as Lui XIV, Haussmann, Napoleon, Pom- pidou, Mitterrand, Berdimuhamedov, etc. Intoxication with power causes politi- cal blindness, authoritarianism, populism, Populism and Crime as a Model of the Macedonian Political System 15 intolerance to those who have different of a system of checks and balances? His opinions, omnipotent tyranny and mega- conservative-right party – largely inspired lomania. Such anomalies are accompa- by the greatest European populist Viktor nied by crime, which is not perceived as a Orban (honoured by President Ivanov with criminal offence, but rather as a method of the greatest Macedonian award) – started rational governing and functioning of the its politics of light authoritarianism imme- system. Throughout history, every Caesar diately after winning the elections in 2006. used the state budget as his private treas- Spectacular arrests took place, directly ure. Through the developed corrupted broadcasted on TV, thus announcing a mechanism in which Gruevski’s closest policy of the fight against corruption. The people are participating with direct or principle of presumption of innocence of discreet support of numerous business- the arrested was not respected at all. men, and through the complete control of In order to increase the effect before actions varying from the employment at the international community, he even the lowest level – e.g. street cleaning staff appointed a well-known Romanian anti- – to big business agreements, Gruevski corruption prosecutor, Macovei, as spe- has redirected enormous amounts of con- cial government adviser. However, the ditioned ‘baksheesh’ 6 towards his secret arrests and blackmail addressed to the bank accounts, accounts of his relatives, business community, journalists, intel- and party businessmen. Macedonian lectuals and politicians was exclusively politicians and businessmen started anti-oppositional, following the principle transferring money to small cross-ocean of the Bolshevik anti-Bolshevism. The state exotic countries – the tax havens of the gradually introduced a full control of the Virgin Islands, Belize, etc. Part of the sto- media, censorship and self-censorship, len money was then invested into Mac- with abundant financing of pro-govern- edonia by different offshore companies ment media and the party-influenced for the construction of many grand hotels, public broadcasting service. After Greece purchase of land, construction of indus- vetoed the accession of Macedonia into try complexes, private buildings, new TV the Alliance, at the 2008 NATO Summit in studios and privately owned yachts kept Bucharest, Gruevski spun this failure by in Greek harbours. This way, the state of stressing at a large meeting in April 2008 Belize – one of the most indebted coun- in Skopje, that he had practically saved the tries in the world that gained its independ- name and identity of Macedonia in Bucha- ence in 1981 – became the biggest foreign rest. Later he organised early parliamen- investor in Macedonia in 2013. Known as a tary elections. tax haven state, Belize is a member of the The central theme of his electoral cam- Commonwealth and Caricom – the Carib- paign focused on preserving the constitu- bean Community. tional name and identity, since he reduced What is there to say about a leader such every suffix to the name to a loss of identity. as Gruevski, who governed the country for He condemned the opposition for trying more than ten years and whose mandate to sell the name for a membership in NATO included all types of breaches of demo- although, according to the careless con- cratic values and principles, falsified elec- fession of his Minister for Defense, Lazar tions, organised crime and complete lack Elenovski, he himself was ready to accept the compromise name Republic of Mace-

6 payment (as a tip or bribe) to expedite service donia (Skopje). To court the international SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE (source: Merriam-Webster) community regarding a possible change of EXAMPLES CASE 16 Populism and Crime as a Model of the Macedonian Political System

name, he stated that the people will decide when the USA and Canada recognised the itself on a referendum, and if he were asked, constitutional name of Macedonia. he would vote against the change. To me the Winning the elections with absolute name is more important than a member- majority strengthened Gruevski’s position, ship in Euro-Atlantic integrations, stated and spurred on his internal and foreign the young national populist. His followers politics. At the same time, his candidate, blindly accepted the message of the new George Ivanov, won the presidential elec- Macedonian messiah. According to public tions and his VMRO-DPMNE party, the opinion polls, around 70% of Macedoni- local elections. This is the era when the ans believe that the name issue is more showdown with everyone whose opinion important than membership in the EU or opposed his conservative-populist and NATO. Despite all the friendly advice of nationalist doctrine began. The activities the American ambassador in NATO at the included blackmail and mobbing, destruc- time, Victoria Nuland, Gruevski provoked tion of small and medium companies the ire of the Greek political elite with his owned by "disobedient" businessmen, stubborn antiquisation7 policy. Namely, organising paid "spontaneous" protests in 2006 when the social-democrat Vlado of the so-called transition victims in front Buckovski was the head of government, of the seat of the opposition, intimidation, during the bilateral meeting in Brussels media censorship and self-censorship, with the Greek Prime Minister Karaman- arrests of political opponents, internal lis, the Athenian warned the Macedonian enemies and free-minded journalists, the Prime Minister laconically. You are not arrest of the founder of the greatest oppo- hoping to be accepted into NATO under the sition television A1 and its demise, the sus- name Macedonia, are you? picious death of the founder of the greatest No one can rationally interpret Gruevs- opposition weekly magazine Nikola Mlad- ki’s move when, a year after winning the enov, the spectacular arrest of the opposi- elections in June 2006, he started the pol- tion leader Ljube Boškovski, sentenced to icy of renaming all the big buildings and five years in prison for the 100,000 Euros corridors using antique names. Thanks to that were discovered for the election cam- an intensive populist campaign stressing paign that - as some witnesses say - were the antique origins of present-day Mac- planted with the protected pro-govern- edonians and the idolatry of Alexander ment witness. Gruevski’s clan was particu- the Macedonian as the greatest ancestor, larly cruel toward former party members the public reacted emotionally. The aver- and coalition partners. Due to the deci- age Macedonian, by nature reticent and sion of his former coalition partner, Fiat calm, accepted that numerous toponyms Canoski, to join the opposition, the wire- were renamed using Homeric terms. So taps reveal that Gruevski himself led the Petrovec Airport was renamed to Alexan- illegal withdrawal of the construction der the Great Airport, Vardar City Stadium license and the tearing down of the com- to Filip II Arena, corridor 10 of the highway plex "Kosmos". The judiciary epilogue of into Aleksandar Makedonski (Alexander this 55 million Euro investment will cer- the Macedonian) Highway. This irritated tainly not be in favor of Gruevski’s Govern- Athens which used its veto in the Alliance ment which will have to use the budget to make up for the damage incurred by the 7 Vangeli, Anastas (2011): Nation-building ancient Macedonian style: the origins and the effects of the inexplicable vengeful whim of the Mac- so-called antiquization in Macedonia. In Nationali- edonian populist. ties Papers 39 (1), p. 13. Populism and Crime as a Model of the Macedonian Political System 17

The next big affair which remains moved into the new baroque party build- unseen in the short post-communist his- ing which was built through "voluntary tory of the entire Eastern and Central contributions" and is estimated to have Europe, registered in EU Reports, was the cost about 40 million Euros. violent expulsion of opposition MPs from Gruevski simply adores family, having the Sobranje (Parliament) by special anti- also passed a law to stimulate procrea- terrorist forces. Namely, on December 24 tion, offering financial compensation for 2012, opposition MPs had blocked the families with three children, but also by speaker podium while the budget was banning abortion. As a model Christian- being discussed. The president of the par- Democrat, he tried introducing religion liament, instead of stopping the session, as an obligatory school course, although after consulting Gruevski, decided to use Macedonia, according to its Constitution, force, humiliate and harass representa- is a secular country. Parallel to his affinity tives chosen by the people. Gruevski had for the Christian Orthodox faith, he had grasped the mentality of the western dip- hired a special fortune-teller into his cabi- lomats very acutely. Stability and secu- net to predict the future. However, despite rity are deemed most important for the his self-proclaimed position as the great- Balkans, rather than some hypothetical est believer and savior of Macedonia, who Balkan democracy. Those were the years has built numerous Orthodox temples, he when the power of Gruevski and his clique did not shy away from resorting to elec- had reached utter elation. This is precisely tion fraud by printing over 100 000 false the period when the megalomaniacal IDs, wiretapping over 26 000 "internal kitsch project Skopje 2014 was promoted, enemies", as well as his ministers and MPs, which foresaw the construction of hun- including automatically his own conversa- dreds of monuments from antique times tions with these ministers. Also, during a to present times, along with baroque and 2014 party celebrating VMRO-DPMNE’s no-classical facades. This architectural victory, Gruevski’s bodyguard, a man with Disneyland was crowned with a gigantic, a suspicious criminal past, beat up a young 35 meter high, monument to Alexander party sympathizer, Martin Neškovski, who the Macedonian8 on Skopje’s main square. died afterwards. His ministers and associ- The total amount spent on this project is ates tried to cover up the murder, however, believed to have reached about a billion the wiretaps had revealed all the machina- Euros, while Gruevski’s infantile fantasies tions and attempts to hide the truth about have offered the citizens stationary medi- Neškovski’s unfortunate fate. This event eval ships in the shallow waters of the had motivated Skopje youth to come out river Vardar, a Ferris wheel, Spanish steps, and protest in solidarity with the family of monuments to Prometheus in his under- the murdered young man. wear, Alexander’s mother Olympias and The Public Prosecution remained father Phillip, the Aminta III street, named silent even when, according to assertions after Alexander’s grandfather... just as he from our neighboring countries, the Mac- had ordered from Ukrainian masters huge edonian Ministry of the Interior had tried murals in the style of socialist realism fea- to fabricate a crisis scenario in May 2015 in turing his cousins, wife, mother etc. for his Kumanovo, regarding an alleged inter-eth- new party headquarters. The style of Kim nic conflict in which 15 people had died, in il-sung, Ceausescu and Enver Hoxha had order to spin the opposition’s revelations on the wiretaps and divert the public’s SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE 8 Alexander the Great attention to the crisis. It only focused on EXAMPLES CASE 18 Populism and Crime as a Model of the Macedonian Political System

the arrested mercenaries who kept claim- In turn, the opposition that had left ing that they were lured into this bloody the Parliament in the meantime, met the drama by Macedonian order-givers. Agreement conditions: it decided to return Immediately following these events, under to the Sobranje and to stop public broad- the pressure of the international commu- casting of the seized tap material. However, nity, the Minister of the Interior and the when it comes to meeting the obligations Chief of State Security resigned. on part of the government leaders, only Besides the abovementioned misuse Gruevski stepped down 90 days prior to of power and strong party-influenced the early elections date, and they accepted rule, the crown of all events was the dec- the establishment of the Special Public laration of the pardoning of 57 politicians, Prosecution. When it comes to reforms including the Prime Minister Gruevski, his under the responsibility of the executive Minister of Internal Affairs, the Minister power, not a single step was made. In such of Transport and his cousin, the chief of an atmosphere, the opposition refused the secret police, who were supposed to to appear at the early elections that were appear before the court. When the oppo- first postponed in April and then, again, in sition started broadcasting the seized June 2016. Thanks to the unconstitutional wiretaps and the party-influenced judici- pardons by President Ivanov, the people ary remained indifferent – especially after came out into the streets to protest, which the Kumanovo incident – the interna- resulted in the Colourful Revolution. tional community finally reacted. In June Unfortunately, Ivanov – the winner of the 2015 the Pržino agreement was signed by 2016 Isa-bey Ishaković award in Sarajevo the four major (ruling and oppositional) for his contributions in the development parties, under the pressure of the interna- of democracy in divided societies – has tional community. The Pržino Agreement completely played out the expectations was concluded, announcing early elec- of the international community. In Mac- tions and appointing a technical govern- edonia, Ivanov is perceived as the greatest ment that would organise the elections. It vassal of Gruevski and his authoritarian also foresaw the resignation of the Prime populism, and the biggest opponent of Minister three months prior to the elec- democracy, a man-plant according to the tions and forced resignations of the Min- proponents of the Colourful Revolution. ister of Foreign Affairs, the Chief of State After he denied the Ohrid Agreement, even Security and the most powerful person in the Albanians, including the biggest Alba- the country, Mijalkov, and the Minister of nian party DUI, ceased to acknowledge Transport who had participated in much him. At the same time, his pro-ancient of Gruevski’s dirty business. fantasy and anti-democratic work are not At the same time, the Agreement pro- appreciated by the Macedonians either. vided for the establishment of a Special After pardoning the political criminals, Public Prosecution – due to the party- he incurred the anger of the Macedonian influenced judiciary – that would take over democratic public that was everything the role of state prosecution; the cleansing but gentle when they called him a rubber of the voters register; the separation of ficus plant, Jorge the Mute... His popularity party and state power; media reforms and rating is at a 3% and he constitutes a sad the establishment of a co-chairing division tool in Gruevski’s hands. Finally, under the of power between the government and the pressures of the international community, opposition; a reform of the State Electoral he withdrew the pardons which, accord- Committee, etc. ing to him, had played out their role and Populism and Crime as a Model of the Macedonian Political System 19 saved Macedonia from destabilization. He megalomaniac, a sick mind, a demagogue admits to have even thought of asking the proclaiming himself a shepherd, imposes Army’s help with the Colorful Revolution, himself to the crowd, it is enough for it to but that he had given up on this idea, since start following him. Shakespeare was right it was more useful at the southern border, when he said: It’s the tragedy of our times to protect Macedonia from immigrants. that lunatics must lead the blind. Today, The citizens were utterly consternated. demagogy and populism have taken sway The President had even thought of a mili- in the western Balkan countries, in the tary putsch! time of economic and social crisis, as well This was a fragment of an X-ray of the as identity crisis. One of the artists close to political events in the Republic of Mac- Gruevski considers him the greatest and edonia related to the populist leadership most significant Macedonian since Alex- model of Nikola Gruevski, who remains ander the Great and Tzar Samuel. strong, regardless of the fact that he is A capable populist submits a herd of no longer the Prime Minister. He is the obedient and uncritical supporters using president of the financially most power- two methods: admiration and repres- ful leading party VMRO-DPMNE, which sion. He courts the people, spreads a char- has maintained control and clientelism ismatic image of himself and enjoys the in its relations to the administration and people’s admiration. He issues passports numerous freshly employed civil servants to the neighbouring diaspora (Orban has and police officers – those with a party issued 500,000 passports) and gives them card, of course. the right to vote, employs party members How can the power of Gruevski’s pop- only, changes the atmosphere in the envi- ulism be explained? George Orwell wrote ronment using megalomaniac projects that the people that elect corrupt politi- and emphasises the continuity with the cians, imposters, thieves and traitors are past – as evidenced in the Skopje, Belgrade not victims, but accomplices in crime. and Budapest projects. However, he also However, we are wondering whether the uses repression against the disobedient people had been tricked, manipulated or or those who use their brains to think, blackmailed. he submits the entire judiciary, including When it comes to the Balkan peoples, the Constitutional Court, to his execu- it is a well-known fact that nation-states tive power (Poland, Hungary, Macedonia, in this region are a true rarity. Balkan Montenegro, Kosovo), he fills the adminis- societies are divided and this dichotomy tration with party members, sets-up court helps populists manage their ethnic com- cases, arrests journalists or penalizes them munities more easily. Several significant financially, spreads fear among the intel- authors such as Le Bon, Tard, Freud and ligentsia and imposes strict punishments Moskovici have provided an answer to the over former associates. psychological profile of a leader, and the Identifying a back-up enemy is very crowd that blindly and humbly follows its important for each populist. At the begin- own leaders. The populists have realised ning, Gruevski’s back-up enemies were the that the people and the crowds are bad at magnates of the previous regime that he putting up with reality, poverty and mis- managed to submit easily, and then they ery, frustration and uncertainty. Once the were replaced by the opposition. However, crowd gathers spontaneously, or as a result today this position is taken by the "colour- of organisation, it loses its critical mass. It ful hooligans "who are protesting on the SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE longs for authority and a leader. Once a EXAMPLES CASE 20 Populism and Crime as a Model of the Macedonian Political System

streets of Skopje in cooperation with the foreign power centres. Besides the abovementioned elements, populists have at least three other com- mon characteristics. First, a populist tends to entirely homogenise the people through false promises, demagogy, propaganda, discipline, and iconography because this is what the crowd expects from them. Kant was right when he said that the crowd longs for a master and his false promises. Second, unity and social cohesion are the absolute imperative of each authoritarian populist. Such attitude presents intoler- ance toward others, in accordance with the principle: you are either with us, or against us. Using such logic, a former ambassador and director – a member of the VMRO- DPMNE – said: being a part of our party means genetically being a Macedonian. The third element of populism is the lack of will for negotiating and compromise, in accordance with the statement: one does not negotiate with the enemy – the people do not give us the right to do this. Undoubtedly, the above described authoritarian national-populism is incom- patible with democracy, because democ- racy implies pluralism in opinion and behaviour. Several types of populism are strongly present in Europe today, while the theoretic approaches, such as the one of Ernesto Laclau (popular in Greece and Spain), state that the populism phenom- enon is a new quality of societal democ- ratisation. In this context, it is necessary to differentiate between the authoritarian national-populism and political populism, i.e. populism as a type of protest against the governing elite. 21

The country9 has been in a deep political Macedonia: crisis for over eight years now, since the pre-term parliamentary elections in 2008 A Captured turned violent. The crisis escalated in Feb- ruary 2015, after the opposition revealed Society wiretaps that indicate serious crimes, abuses, corruption and electoral fraud committed by the country’s government Xhabir Deralla, and political establishment. The political agreement brokered by the international CIVIL, Skopje community introduced a complicated and turbulent political process, filled with numerous drastic changes in the political situation, multiple postponements of the elections, obstructions of the political pro- cess, serious security challenges, and other political and societal distractions. Abuse of power, structural violence and political corruption have continued unabated, despite all the efforts, time, and resources this country and the interna- tional community have invested in order to reach a solution to the political crisis. Those suspected of serious abuses, stealing public money and electoral fraud, sit at the negotiations’ table, and only deepen the crisis, pushing Macedonia into more misery and isolation, divisions, tensions and violence. On top of all of this, the leader of the ruling party continues to spread heavy manipulation, hate speech, and serious threats in his public appear- ances. It is not only that political power is imposed over the core state institutions; it is also imposed on the country as a whole, which is maliciously controlled in every imaginable way. Health, education, culture, security, social services – all have

9 The largest ethnic Macedonian right-wing party VMRO-DPMNE, led by Nikola Gruevski, has been in power for ten years now. Gruevski resigned from his position of Prime Minister in January 2016, but only formally, since he still holds all the strings of power in the government. The ruling party has been in an eight-year-long coalition with the Democratic Union for Integration, a political party of the ethnic Albanians, led by Ali Ahmeti, former leader of the SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE UCK in Macedonia. EXAMPLES CASE 22 Macedonia: A Captured Society

been placed under the strong control of Monuments, Crosses, Cults, party apparatchiks, who twist or abuse Baroque... And, Nationalism. laws and regulations in favor of the party bosses. History is fabricated, and a new context is The level of control is enormous. Social given to the whole society, in order to serve welfare assistance, which can range from as a propaganda tool for the ruling clique. as little as 20 euros to a maximum of 100 Ethnic Macedonians are now defined as euros a month, has to be "earned and kept" ancient Macedonians, descendants of by obedience. Even unemployment status, Alexander the Great. Often, ethnic Mace- which brings some minimal free health donians are depicted as the purest nation, care and possibilities for employment, even race, on Earth, the real Arians, against can be lost if the ruling party’s hounds at whom the whole world is conspiring. This the local level decide so. The party leader new perspective, imposed by the ruling and his loyal consiglieres, closely watch party and the intellectual class around it, is everything. It became known that as Prime reflected in textbooks for children, culture, Minister, the party leader was deciding on and media, as well as in the public space. ridiculous details, whilst any employment, The ruling party has elevated its politi- even the likes of part-time engagement of cal being to a cult level, placing Gruevski nurses in kindergartens, depended on the on top of this mythical construct. Though signature of the finance minister Zoran the leader of the ruling party has been Stavreski, the party’s bookie. clever enough not to order monuments The ruling party has invested hundreds and statues depicting him personally, the of millions to capture the society and pub- context of the occupation of public space lic space in the process. Whether it is vir- in the country is leaning towards feeding tual or physical, public space is controlled his own cult. It has become a well-known by the ruling party, just as the ruling party fact that the ridiculous baroque facades, controls the state. the arcs, galleons in the river of Vardar The methods of the ruling party and and hundreds of kitschy and worthless, Gruevski carry a striking resemblance to yet extremely expensive, statues, monu- those of the fascists in Italy and Nazis in ments and fountains in Skopje and across Germany in the 1920’s and 30’s. The dif- the country – are his personal choice and ference is in the enormity of confusion, command. Crosses have been elevated tastelessness and kitsch that has been on almost every hill in the country, and produced in the past 10 years. The Nazifi- churches have been built in countless cation of the society became particularly neighborhoods. obvious since the beginning of the Skopje Only the municipality of Aerodrom in 2014 project. Parallel to this project, this Skopje has over a dozen of churches, over process became visible in the areas of thirty miniature churches, a fifty-meter education and culture. This aspect may tall cross, and many smaller crosses, built and should be subject to serious research in the last eight years. They are built in and analysis. public spaces, mostly from public money, or by bogus initiatives. The cross on the top of Vodno, a hill that dominates Skopje, is 75-meters tall, whilst in the ethnically mixed municipality of Butel in the capital city, the rulers have set another 50-meters tall cross. Macedonia: A Captured Society 23

In return, Albanians build mosques, Public space thus remains captured elevated poles with Albanian flags and set by political, ethnic and religious contents monuments of Albanian historical figures imposed by ruling parties of ethnic Mac- and two-headed eagles. All in the public edonians and Albanians, shrinking the space, again. space or making it inaccessible to other communities in the country, which are numerous (Turks, Roma, Serbs, Bosniaks, Marking "Territories" Vlachs, Egyptians, etc.). All other categories of citizens and Each and every public venue or building, communities are left on the margins of square, street, road and highway, even society and the system and, moreover, every hill and park is occupied, marked oppressed in many ways and manners. In and branded with symbols that interpret addition, individual rights and freedoms the ruling party’s concept of omnipres- are practically invisible in comparison to ence, domination, and control. the collective rights, i.e. whilst some col- The ruling party has imposed its con- lective rights are respected, at least for- cept onto private investments in the con- mally, individual rights are not. struction business as well. New hotels and For years, the whole country has been other private businesses have to be built in marked by ruling party symbols. Even a baroque style, forced by various means the numerous ethnic or state symbols are of persuasion and shady administrative imposed in such manners that they obtain measures to mirror the senseless ideas of a party character and context. The ruling the leader, against whom the Special Pub- party has raised hundreds of poles with lic Prosecutor has raised numerous crimi- flags across the country (each pole has nal charges, and who has been escaping cost the tax payers at least seven thousand justice due to the entirely captured judici- euros). The whole country has been VMRO- ary in the country. ized, as for the rest, it has been marked as Divisions along ethnic and religious an Albanian (read: DUI) "territory". lines are strikingly visible in the public space. The coalition partner in the govern- ment, DUI, has copied the manners of the Capturing the Virtual Space ruling party in the areas where ethnic Alba- and Creation of a Hostile nians live and has been promoting nation- Environment alism and ethno-centrism opposed to the dominant ethnic-Macedonian nationalist supremacy. It has captured public space in Until recently, before the Colorful Revolu- the same manner. tion started (April 12, 2016), there were a Still, whenever Gruevski wants to show handful of beacons of truth about Mac- off and cater to ethnic Macedonian nation- edonia – some online media, a few print alists, public space, marked by ethnic and outlets, a very small number of artists and party domination, often gets overrun by public figures, several CSOs conducting the ruling party in various ways. Just to public events... That was about it. show who is the master. DUI’s strongmen The ruling party started the substi- publicly protest against this, as if though tution of the civil society since the very they were some local NGO or opposition, beginning of its rule. This process became while carrying on with business as usual in particularly forceful since 2009, when SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE government matters. the new legal regulations for civil society EXAMPLES CASE 24 Macedonia: A Captured Society

came into place. The ruling party gave The ruling party occupies most of the air- way to the formation of pro-government time, whilst opposition and civil society and para-political structures registered as are practically invisible or, if present, they CSOs, movements and initiatives that are are continuously targeted as treacherous defending and promoting the ruling party and evil elements in the society. Spinning only. Some of them have also been laun- the facts, half-truths, dirty campaigning, dering money for the ruling party. and ad-hominem attacks are the favorite Whenever the party leader does not dishes of the editors of Macedonian dare to formulate something in the most media, serving obediently to the ruling direct way, it is them, the surrogate CSOs, party’s propaganda masters. who do that. Moreover, their day-to-day The rest of civil society is targeted task is to aggressively multiply the voice of very hard. The government/ruling party’s the leader and build the myth of Gruevski attitude towards CSOs is in line with the as a messiah of the country and of the continuous demonization, public pres- ancient Macedonians. sure and isolation of civil society organi- All in all, there is a hostile legal frame- zations, through party-controlled media work and even more hostile legal practice and party activities in the field. Dozens of and non-implementation of existing leg- violent attacks on CSOs and human rights islative provisions that are still friendly on activists took place in the past few years, CSOs. Moreover, revenue services, inspec- without any legal or public disclosure. tions and financial police are turned into There were several violent acts of a tool for putting pressure on the whole vandalism in the Old Town of Skopje, in society, including CSOs. which masked attackers demolished a Party youth organizations have sub- coffee bar where LGBTI activists were stituted youth organizations. They serve gathered. Employees in public adminis- solely as the muscle of the ruling party, tration attacked a human rights activist, without a single activity that may reflect who held a banner at the Skopje Mara- the interests and rights of the country’s thon in May, 2016. An activist of the rul- youth. Political party committees at local ing party attacked a female activist at a level became employment bureaus and protest against president Ivanov’s pardon checkpoints that collect "ideas, opinions, of politicians under investigation of the and requests" from citizens instead of citi- Special Public Prosecutor in April, 2016. zen participation in decision making pro- These incidents were documented and cesses. As one may guess, citizens’ ideas publicized, but authorities did not take and opinions are in service of praising the any action against them. messiah, and the requests are "compat- To be a human rights activist in Mac- ible" with the party programs. edonia these years is to be a person that is constantly attacked, discredited, and demonized. Traitors, foreign spies, dark Capturing Media and forces, sorosoids, poofs, creeps, freaks – are Substitution of Civil Society only a small fraction of the terms used for human rights activists in public speeches The media are under complete control of and social media, as well as in the tradi- the ruling party, and yet another tool for tional media. Hate speech and threats are the creation of a hostile environment for often used by the leader of the ruling party, civil society actors. Furthermore, they are and multiplied by the media and party sol- blind to most of what civil society is doing. diers. Macedonia: A Captured Society 25

At each public speech he makes, he practice of enormously well elaborated has someone to target, calling the opposi- and practiced abuse of public funds to tion and civil society "dark forces", saying satisfy the immense appetites of the ruling that "the people will kick their ass". His clique. The preposterous Skopje 2014 pro- vocabulary is only a nuance milder than ject is only the most visible and the most the notorious haters in the media, but the unsophisticated form of violations, cor- style is the same. Moreover, he is a per- ruption, and theft, as well as occupation of sonal friend of those haters, and very often public space. appears on their TV shows. The physical limitations of civil society actors and limiting public spaces for civic The Struggle Continues engagement are a daily reality in Macedo- nia. Absurd bureaucratic attitudes of the The way out of this situation is certainly administration at local and central level, not going to be easy and short-term. The prevent citizens from using what they fear that has been implanted in the society actually possess, according to the Consti- is widespread and political corruption and tution – public space. Banning events of clientelism have become an integral part CSOs is a regular practice. CIVIL – Center of the lives of Macedonian citizens. That for Freedom was forbidden to hold events cannot be rooted out by online clicktiv- in public space four times in Bitola only. ism, no matter how eager some are. Online Sometimes, authorities act as if they are activism is often traded for clicktivism and worried for the wellbeing of activists, so occasional critical statements and declara- they send a dozen of police officers to tions by non-party actors. "protect" a small info-stand. The aim of A few civil society organizations have this is to scare people off, since, if the aim developed a dynamic and multifaceted of the authorities was to protect human online production that provides compre- rights activists and independent journal- hensive content to serve as an independ- ists and intellectuals, they would have ent informative resource, but also as a civic taken measures to investigate and raise education and mobilization tool. charges against attackers in numerous The ruling party has small armies incidents in the past few years. At least. of party soldiers who guard the online Sustainability of CSOs in a hostile envi- space, attacking every online outlet that ronment created by the ruling party, politi- is not in line with the ruling party. Hacker cized institutions and media, is practically attacks, endless strings of comments full of impossible. No business entity would extremely vulgar and threatening vocabu- dare to sponsor some public event of the lary, and dozens of articles are coordinated demonized civil society organizations. and produced in the ruling party-head- Inspections and financial police will knock quarters on an hourly basis. CIVIL’s website at their doors right away. had 7.9 million hacker attacks in February Ruling party-directed bogus civil soci- 2016 only, according to the report of the ety organizations have misused EU and server admins based in Germany. other international donors’ funds, as well. Still, citizen journalism, independ- There have been several scandals over ent online news production, and regular EU funds in the past several years, when online activism provides civil society with the public learned about the misuse and resources to mobilize and act in the pub- manipulations with EU funds for civil lic space, as has been the case in the last SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE society. This only adds to the decade-long couple of years in the Republic of Macedo- EXAMPLES CASE 26 Macedonia: A Captured Society

nia. Police arrests and persecution of civil Gruevski’s security guards, employed society leaders did not stop the demands by the Ministry of the Interior, paid by citi- for freedom, democracy and justice in the zens, broke into the private TV 21 station, country. This is not enough, though. running after a journalist who took pic- Public space is also occupied by shady tures of Gruevski on a street in the center businesses conducted by investors close of the city, demanding to delete them. No to the ruling party, as we could hear from law in the country allows such behavior. the wiretaps, revealed by the opposition Yet, that happens on a daily basis. in February 2015. The private security Frequent public events, protests, agency of the former chief of secret police, guerilla actions and online activism are Sašo Mijalkov, a cousin of the ruling party the main combat tools for civil society leader, has been watching and guarding to tackle the crude occupation of public every square inch of public space, includ- space in the country. Parallel to that, civil ing public buildings and institutions. society needs to improve its constituency Police is in service of the private needs of building and gain credibility. Elitism, con- Gruevski and his clique, as well. formism, and arrogance do not help. A special police force, heavily shielded When we speak of public events, we and armed is guarding the 500 meters have to think of providing a safe space perimeter of the ruling party headquar- for socially responsible artists and intel- ters, banning anyone from approaching it, lectuals to express and share opinions not to speak of throwing color on it, which and expertise. Education through crea- became the trademark of the Colorful Rev- tivity is an excellent tool for younger gen- olution in Macedonia. erations, as well. These actions need to This attitude of the ruling party is rec- be conducted in a manner of solidarity ognizable. For years, the ruling party has and understanding between civil society been using symbols of power and when actors. those symbols are threatened, they are Civil society needs to get more active rigorously defended. Protesters may have and organizations and civic initiatives succeeded to demolish the representative need to overcome their mutual rivalries office of the President or the Ministry of and unprincipled competitiveness. Justice, color the buildings of the govern- We have a long and heavy struggle ment, Parliament, State Election Commis- ahead, in order to re-claim public space, sion, and other, but not a single drop was freedom, and democracy. Defiance is the allowed on the party’s stronghold in the first step only. very center of the Macedonian capital. 27

This has been Macedonia’s 10th year under Macedonia: the rule of VMRO-DPMNE. After getting elected in 2006, they have organized three Occupation of early parliamentary elections in a row, two local elections, and two presidential elec- Public Space tions (winning absolute majority in all of them). Under their rule, the first Macedo- nian private television broadcaster was Ivana Dragšić, shut down, two other major TV broadcast- ers occupied, one of which was the public Freedom Square, Skopje broadcasting service MRTV, and the most resilient journalists banished from main- stream media into marginal web-portals, other smaller media outlets, or even out of the country, applying for other kinds of jobs. Nearly 60% of the legislation brought to or ratified in the Macedonian Parliament in the period of 2011-2014 was through urgent or abridged procedures, that is to say without any discussion by the "peo- ple’s representatives". One day in Febru- ary 2014, the Assembly passed 112 laws in abridged procedures. Compared to the mandate period of 2011-2014, 2015 alone ended with 60% of the legislature passed or ratified through abridged or urgent pro- cedures. In addition, in recent years until the culmination of the political crisis, the Macedonian Government was the biggest advertiser in electronic media, reaching ¾ of the broadcast time in pre-election peri- ods. The channels for scrutinizing, criticiz- ing or even appealing to the state institu- tions and the government were all shut down. In addition to the occupation of the Macedonian legislation, the institutional order was disrupted with the massive employment of large numbers of people in public administration. As we heard in the published wiretapped materials, dubbed SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE CASE EXAMPLES CASE 28 Macedonia: Occupation of Public Space

"the bombs",10, public institutions such as 201411, but also the needs and interests the courts were highly corrupt and useless of private contractors, tightly connected for the regular citizen. One would expect to people on higher political positions a flourishing civil society in such condi- in Macedonia, thus, leaving the whole tions, but the space for civil society actors situation as legally sound and completely in Macedonia has been shrinking both lit- regulating the issues from one center of erally and politically. power (one political party holds power in all three pillars of democracy). This is only the macro level of the shrinking spaces Urban and Spatial Planning for civil society actors in Macedonia. The Legislative Experiences citizens of Macedonia practically do not have political representatives in any of the The deregulation in the 90s, during the public/state institutions and processes. transitional period of the country, took its Politics have been occupied by one politi- toll on urban planning vividly, mostly in cal party only, while the society has been the residential areas. The public space did completely depoliticized, leaving the ones not lose much in terms of surface area, but that act politically - stigmatized. certainly lost a lot in quality and mainte- Furthermore, the actual spaces in the nance. Compared to the experience with public realm were brought into question the most transparent process of urban - all spaces in which civil society actors and spatial planning in the decade after operate: physical public space, media, the earthquake of 1963, it seemed like the knowledge, education and politics. The citizens had lost their standards and values physical public space has been occupied about the space they live in, and most of and renationalized with the vast surface the debate about public space, planning area of the Skopje 2014 buildings, whereas and urban environment was led in the the space that has been left empty is still realm of nostalgia. heavily occupied by chauvinist symbols, The national and local legislation for private contractors as security provid- urban planning and construction has been ers and additionally regulated with leg- changed 20 times a year, by the majority islature the redefines the public as such. of VMRO DPMNE in the Parliament or in Most of the mainstream electronic media the Municipal Councils, most of which are are owned by businessmen connected to still under the same political party rule. the political power center, thus maintain- The changes were always made just to fit ing financial and media power and creat- the needs of the construction of Skopje ing such a strong propaganda machine that even the Macedonian public service (MRTV) participates in. Only several local media outlets have succeeded to exist and

11 Skopje 2014 is the single greatest construction 10 The "bombs" are wiretapped materials of over investment project in Macedonian history (so far 20.000 Macedonian citizens, leaked from Macedoni- 640mil EUR), represented through the construction an intelligence services through the opposition party of over 100 sculptures, 34 monuments, 27 buildings, SDSM. The wiretapped materials reveal accusations 6 garages, 5 squares, 1 triumphal gate, numerous of vote fixing, police cover-up of a murder, corruption other urban interventions such as fountains, small on municipal and even judicial levels, physical threats squares, candelabra and re-facading of the modernist over journalists as well as orders of physical violence buildings in the central area of Skopje. For more and counterprotests. Some English translations information: https://ba.boell.org/bs/2016/01/08/ can be found here http://interactive.aljazeera.com/ novo-lice-skopja-megalomanski-projekat-koji-je- ajb/2015/makedonija-bombe/eng/index.html pojeo-grad Macedonia: Occupation of Public Space 29 cover stories, politics and injustice profes- 2. The resources: sionally. VMRO-DPMNE held a political rule by press conferences and TV ads, but Resources are a major parameter in los- also through emulating civil society, insti- ing this battle, because the opponent tutions, protests - while everything that to the civil society at the moment is the might have come out of our civil society - party-occupied state, having the state was repressed, neutralized or substituted. budget and institutional resources at its disposal. Such is the example of our lim- ited outreach when communicating the Three Levels of Occupation: wrongdoings of some local institutions, or even more serious acts. Moreover, even in To demonstrate how the main party is exer- better conditions, the civil society would cising control over Macedonian affairs, let not have access to mainstream education, us look at the way the party has occupied culture and TV production, currently being public space. flooded by skewed12 historical and other scientific information, hetero-centric and ethno-centric "knowledge", as well as a 1. The narrative of anti-state representation of Skopje 2014 as cultural elements: heritage. All of the civil society’s brochures, studies, informal educational courses and Politics itself was occupied and stigma- multi-media projects, cannot compete tized by those in power! Soon after any with the almost industrial-like production publicly articulated political attitude, of knowledge through all media possible, individuals and groups were stigmatized at the disposal of publicly subsidized, as: relatives of opposition party members, profit-oriented private contractors who foreign mercenaries, antichrists and peo- suit the needs of the public bids, not pub- ple who "generally hate and don’t wish lic interest. well upon Macedonia". At one moment back in 2013, the now ex vice-President of the Macedonian Government called an 3. Micro-occupations: activist choir an "anti-state element" and "a part of the Slovenian scenario to over- Even the private space of the activists, throw the Government of this country" civil society members and simply active (referring to a Slovenian PR company hired citizens has been shrinking in the past by SDSM) simply because it performed decade. Ad hominem attacks in the media in public space. Literally anybody who have stopped, or at least tamed, many out- publicly articulated a political attitude spoken individuals. It has prevented many that diverged from the politics of VMRO- others from even speaking out. Even citi- DPMNE, were put in a position to defend zens that would draw attention to certain themselves: from individuals, to whole topics in the public space were slandered, movements, such as the one against politi- their faces circled in red color and some cal brutality, which, for many days during the six months of protesting, was headed 12 For example: several historical figures notorious for brutal murders of their political opponents are being with a banner stating "We are not a politi- rehabilitated through monuments and a new narra- cal party". tive in the "Museum of the Macedonian Struggle and the Victims of the Communist Regime". The museum itself, features a completely distorted version of SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE Macedonian history during Yugoslavia. EXAMPLES CASE 30 Macedonia: Occupation of Public Space

part of their privacy exposed. Some lost installed itself into every pore of the soci- their jobs, some did not get the promotion ety and mobilized citizens to reclaim what they were legally eligible for - mostly peo- has been occupied and penetrate public ple that worked in public (state or local) space in all its forms, which has for such institutions or international organiza- a long time been a place they have been tions in communication with the Macedo- evicted from. nian public institutions. Others’ cars were Many of the actors in the fragmented damaged or robbed, they were offended civil society had to change their strate- or yelled at in the street, even followed, or gies or even reduce them to tactical work, their houses were raided. since the general political environment The general occupation of the state and does not allow for any long-term plan- the legal system, the media and the physi- ning or institutional processes that might cal space, combined with the stated meth- expand longer than a project cycle. Never- ods of personal pressures, sent a strong theless, new partnerships and coalitions message that civil society actors and their have been created, based on the common opinions were not welcome, not only in understanding that democracy needs to be the realm of the public, but in the coun- re-thought. try of Macedonia (due to the fact that all criticism is deemed "anti-Macedonian"). This is not a state of shrinking, but rather a complete loss of space for civil society.

The Way Out

The shrinking of the space is the result of a long-term strategy implemented by any political party in power in Macedonia in modern history, but more so in the past Colorful revolution as of June 17, 2016 ten years under the rule of VMRO-DPMNE. Literally all communication channels with the citizens have been destroyed or occu- How to Reprogram a pied with false information and slander, Country leaving the civil society stigmatized and trapped, thus having to liberate or create There are several lines of development new spaces. worth following, as they can potentially One of the first things that the biggest play a very constructive role in the essen- opposition party SDSM has done in public tial political reprogramming of the coun- interest was to release the mentioned wire- try, thus leaving space and a possibility for tapped materials. Macedonian citizens the reprogramming, reclaiming or recon- finally received evidence, confirmation to struction of the space for civil society everything they had suspected or discov- actors and citizens: ered, and tried to raise awareness for and 1. Various forms of commoning have prevent. Although the method of publica- appeared during the last years of pro- tion can be problematized, it was a situa- testing and demonstrating discontent tion which simultaneously confirmed how with the current political situation strongly the regime of VMRO-DPMNE had in Macedonia - from a protest choir Macedonia: Occupation of Public Space 31

whose existence was completely root- ed in management according to the commons’ principles13, to university campus occupations maintained by participants and supporters, and the use/maintenance of public space for the need of the movement against po- lice brutality, also showing strong af- filiation to the commons’ principles. Logo of the recently formed political party Left Awareness about self-regulation (of space, time, other resources, method- 3. Citizens have been encouraged and ology, decision making) has risen and empowered by the number of people is finally exiting the realm of having to present on the streets for a while now, be represented or mediated by an en- but also due to the various forms of tity (public institution, legal regulative empowerment civil society organi- or private capital). zations have offered through their 2. Culmination of the debate and restruc- projects and programs. The citizens turing of the left, represented through of Skopje are much more sensitized its civil society organizations, individ- about urban planning and urban envi- uals, recently formed political parties ronment issues, but also very familiar (such as the one founded in November with the institutional procedures and 2015, officially named Left14) and other policy decisions that created the situa- formal and informal representatives tion, thus much more prepared to or- of their personally interpreted leftism ganize, volunteer, publicly act and con- (none of those most notable political front local governance. There has been actors representing the left have been a chain-reaction of local neighbour- on policy or decision-making posi- hoods in Skopje organizing themselves tions yet). The debate has contributed and articulating strong messages and not only to a reorganization instead of activities showing discontent with lo- fragmentation of the left, but also to its cal urban policies, but also an under- repositioning in relation to all political standing of how those local policies are stakeholders in Macedonia, as well as related to the power center currently the obviously flawed political system. holding Macedonia hostage. The civil society organizations and other individuals and formations that were interested in doing so, are largely present in the public realm where the political crisis in Macedonia is com- mented, discussed, assessed and even negotiated.

Citizens at the most recent March for greener Karposh

4. Moving the debate about Skopje 2014 13 Fair access, fair use and sustainability. 14 For further information, follow the party‘s official from the realm of assessment and SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE website at: http://levica.mk/ criticism, to anticipating possible so- EXAMPLES CASE 32 Macedonia: Occupation of Public Space

lutions to the caused urban chaos, 5. This is a test for all active political urban environment destruction and stakeholders which even consider a fu- costly low-quality structures on seis- ture in politics. Such is the case of the mically risky grounds was only possi- ongoing debate about the leader of the ble through the catharsis of the color- opposition Zoran Zaev and his role in ful revolution. The imposed marble the emancipation process. The dilem- whiteness, as the representation of the ma is, of course, between his personal strictness that came out as a meaning interest and ethical values as motives from the promotion of the project it- to do what he has been doing since the self, was penetrated with paint, thus release of the first wire-tapped materi- representing the referendum about al bomb. His name is at stake the most, Skopje 2014 the citizens were denied. but the general positioning of SDSM in Experts and citizens are more outspo- the "process of negotiation" and what ken, creating conditions for a compre- they stand for - elections or real re- hensive dialogue and understanding form. This, certainly, is a very interest- the wrongdoing by further participa- ing aspect of all political actors claim- tion in the project. In that manner, the ing a potential part in the next political Macedonian Architects’ Association order of the Republic of Macedonia. has already successfully boycotted a public call for further reconstruction of the façade of a historical building in the center. The major discontent with the project is finally publicly articu- lated, bringing into focus that if the regime falls - its monumental repre- sentation Skopje 2014 must fall. 33

When the editors of this issue asked me Serbia: (and I am thankful for this) to write a short text dealing with the issue of narrowing Regaining Space the space for civil engagement, I was very busy – and I still am, maybe even busier – with the "crisis" situation in Belgrade that is tightly connected with the issue of this Dobrica Veselinović, text. Ministry for Space, Belgrade Namely, for the past two months15, civil protests have been taking place in Belgrade, organized by the initiative Ne Da(vi)mo Beograd16 regarding the arro- gant demolition of several buildings in Hercegovačka Street on election night, by three dozen masked individuals using several unlabelled excavators and con- struction machines. On this occasion, the attackers tied up the night guards who were in the buildings; they kept people out and took their phones. A month after the incident, one of the abovementioned guards died. Even after many calls, the police did not react. This was ordered by the political leaders, as was subsequently determined in the report of the Protector of Citizens Saša Janković. For the sake of fur- ther explanation, it is important to men- tion that Hercegovačka Street is located in the area planned for the construction of the project "Belgrade on water17" which has been stirring up controversy since its beginning, being an obvious example of placing unclear private interest before the public one, but it still constitutes a flag- ship project for the government both in Belgrade and in Serbia, and is also a trump card of the Serbian Progressive Party.

15 The text was written in June 2016 16 More about the initiative "Ne da(vi)mo Beograd" is available at: www.nedavimobeograd.wordpress.com, and www.facebook.com/nedavimobeograd 17 The official presentation can be found here: SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE https://www.belgradewaterfront.com/en/ EXAMPLES CASE 34 Serbia: Regaining Space

the protests and the initiatives, as well as of the manner of mobilization and dedica- tion of the people, but optimism and hope that something might be achieved through civil actions are most certainly "the hits of the year" and maybe – even though this might be even more difficult to say – they are an excellent start of a wide civil mobi- lization and politicization of the civil soci- ety in Serbia into a new realistic political Foto: Marko Rupena, Kamerades option. The city and state leaders made efforts On the other hand, the events around to make this case even more serious by this case show us what is most important denying the mentioned events for days for this issue. They show a much more seri- and being absolutely reluctant to under- ous trend - a trend of reducing the space stand the increasing number of citizens’ for democratic actions and organizing in requests for taking responsibility. During the public sphere. the first protest, the Initiative presented On this occasion I will try to sum up requests for clear answers instead of cov- several regularities seen as an answer of ering up and avoiding questions, taking the state apparatus and the governing par- responsibility and the resignation of the ties, but I will also offer several directions, following individuals: primarily tactical and strategic ones, as • Siniša Mali, Mayor of Belgrade; visions of possible further actions. • Nikola Nikodijević, the President of the City Assembly of Belgrade; • Nebojša Stefanović, Minister of Inter- The One who Controls the nal Affairs of Serbia; Media, Also Controls Public • Vladimir Rebić, Acting Serbian Police Opinion Director; • Nikola Ristić, Belgrade Municipal Po- lice Chief; At the moment, a control of narrative is as well as the prosecution of all Hercego- taking place in Serbia. It is placed in the vačka Street events participants and all public space primarily through contents parties issuing instructions in the night set in the media sphere. In the previous between April 24 and 25, 2016. period, Serbian authorities used differ- Besides the protests of the initiative ent ways and means (pressure, privati- Ne Da(vi)mo Beograd, a lot of attention sation, investments by individuals close was given to the protests triggered by to the leading party, etc.) to take control the dismissals of staff in Radio Television over a number of private and influential Vojvodina, organized by the dismissed media on the one hand and, on the other, journalists and citizens gathered under the it undermined the role of publicly owned initiative "Podrži RTV" ("Support RTV")18. media companies. Namely, except for In this moment it is difficult to make satirical shows, a lack of any kind of criti- projections regarding the development of cal programme in the mainstream media is obvious – there are no polemic contents. 18 More information about the Initiative "Podrži RTV" is available on: https://www.facebook.com/Podr- Such conquered and cleansed communi- ziRTV Serbia: Regaining Space 35 cation channels are used for transmitting The One who Controls the messages originating in one centre. Public Space, Controls the This manifests itself unambiguously in City emergency press conferences organised by government representatives where only "friendly" media are allowed to ask ques- An additional element in the methods tions and which then send messages to the of reducing space for civil activism and public several times a day. actions are the repercussions that may Another element supporting this setup be seen in the public space, which is get- is a wide range of tabloids and weekly ting increasingly private and in which the magazines that frequently introduce citizens are actually losing certain rights. future announcements by publishing Observing the character of those local information from well-informed sources and, at the same time, globalised urban for days or by stoking the hysteria related changes, on the one hand there is a very to events that upset the public. Some of the clear dominant development of a para- most extreme cases are the 2014 floods in digm that wants to define a new identity of Serbia, the crash of the military helicopter the city, including the processes of regional carrying a sick baby and the death of seven and global integrations. Actions aimed persons that occurred on this occasion. at establishing a new image that should Lately, especially during the election fit global and market conditions result in campaign, another frontline for shap- redefining the urban physiognomy with ing public opinion has appeared – a the aim of increasing the attractiveness well-organised and one-centre-managed of the city and enabling the participation astroturfing campaign. Namely, the aim in global competitions to attract finan- was to produce a big number of "inde- cial capital. In such circumstances, the pendent" comments in social media and needs of the local population are usu- media portals in order to support the news ally neglected. On the other hand, due to that favours the government or, by using the collapse and/or the inapplicability of negative comments and introducing sus- urban policies, which was first seen dur- picion, to express detachment from the ing the economic and political crash in news that is opposite or contrary to what the nineties, the citizens try to indepen- the governing structure wants to convey. A dently solve their own existential needs, huge number of people are often engaged to gain individual freedoms and to estab- to try and reshape citizens’ opinion t using lish a specific type of a collective in their sophisticated platforms, for which pur- local community. Such specific manners pose significant assets are invested. of city development are labelled the infor- This trend is getting increasingly com- mal development paradigm in urbanism. mon on social networks as pages and pro- Even though such practices are often ille- files similar to the ones being fought are gal, most of them are aimed at normalizing made. This way, confusion is used to dis- their own existence. credit the opposing party. Responses for such a situation are numerous. In my opinion, they are based around the following three pillars: Free public space – if we start from the idea that a city should be available for everyone and that its citizens should par- SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE ticipate and decide on the directions of its EXAMPLES CASE 36 Serbia: Regaining Space

development, then public space is one of In the end, here is a conclusion or food the most visible arenas for democratic bat- for thought concerning the way we can tles. win. Public space may indeed become the space for debate and gatherings only if we recapture its management and use. This entails an unambiguous and strong resist- ance to the commercialisation of the space with different private-public partnerships and violation of the natural environment, care for nurturing and the culture of pub- lic space. This request is strategic, it always has to be the top priority and we have to refer back to it again and again. Foto: Luka Knežević Strika - Inicijativa ne da(vi)mo Beograd Conquering and claiming space for independent expression – a tactical move By creating a new ideological frame- for bringing public space back to the pub- work and connecting different struggles for lic is conquering and establishing niches the public good (education, public space, for testing new management and decision- municipal companies) in one framework making models. Space conquering may be which allows establishing alliances within in the form of advocating for independent the existing civil society organisations and space for culture, squatting or community by uniting with the traditional actors in gardens and cooperation for a different this field, such as trade unions and through economy. cooperation with informal initiatives and The importance of such a space is the grassroots movements established for the incubation of ideas and conquering the purpose of protecting certain good. power because each social group that A possible tactic might be establishing wants power in a society must conquer its a matrix and a platform for the coopera- own spaces. tion between organisations in the field of Local communities - "For the purpose media and investigative journalists – clas- of achieving general, common and every- sical activists groups – and organisations day needs of a certain local population, the that deal with legal protection which citizens may establish a local community would result in a continued and compre- or other forms of local self-government hensive analysis of cases and reveal all the (borough, quarter) in conformity with the anomalies of our societies. law and the statute." This is stated in the All this is possible only if we confront law that defines the status of the almost "business as usual" in all aspects of our forgotten framework for democratic par- life and if question the organisation mod- ticipation of citizens at the local level els, human relations and power relations in Serbia. If, in the future, we manage to that surround us. establish new methods and mechanisms for the operation of the existing format, maybe we will succeed in reversing the apathy and inciting more active civic par- ticipation in the processes that concern them the most. 37

The European Union For the Locals Provides only Declarative Support Unwanted, for the International Compared to relations several years ago, one must admit that the behaviour of Community a European Union (EU) representatives has changed. While several years ago it "Necessary Evil" was unthinkable that an EU representa- tive would even meet with representatives On the Position of civil society and listen to them, today things look a little bit different. Even high level protagonists like High Representative of Civil Society Federica Mogherini and Commissioner for Neighbourhood Policy and Enlargement Organisations Negotiations Johannes Hahn hold regular meetings with civil society organisations in Bosnia and during their visits, having a dialogue even with those who should critically present Herzegovina the everyday life and thus the political reality of Bosnia and Herzegovina (BiH). A different relation toward civil soci- Saša Gavrić, Sarajevo Open ety was also seen during the structural dialogue for the justice sector, a special Centre, Sarajevo mechanism which was established to appease the President of the BiH entity Republika Srpska (RS), Mr. Milorad Dodik. In 2014 civil society members were invited to actively take part in one of the meetings of this forum. However, these moments of opening and dialogue still remain an exception. The negotiations and the process of adoption of the so-called Reform Agenda have also shown this. During this process there were no representatives of civil society in the wider sense at all. No trade unions, human rights organizations and professional asso- ciations were included, although it was announced they would be. Not only civil society was excluded from this process, but also the state and entity parliaments as the final decision makers. The exclusion of civil society is also visible in the process of development and adoption of some key SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE laws for the citizens of BiH. EXAMPLES CASE 38 For the Locals Unwanted, for the International Community a "Necessary Evil"

This relation of EU stakeholders Political Parties and towards civil society arises from the spe- Institutions do not Want a cific relations which institutions and EU Strong and Developed Civil officials maintain with BiH political lead- Society ers. The EU and its member states play an active role in BiH; this is why they have often resorted to "Special Arrangements" For civil society to be able to act, at least to solve problems in BiH. The Structural two basic assumptions need to be fulfilled. Dialogue for the justice sector or the But- The first one regards the relation the mir process are only some of them. All domestic government has towards civil these special arrangements which we society organisations. Political parties, would never see in case of some other institutions and individuals within gov- potential EU membership candidates, and erning structures must start to look at civil which are focused on incapable, corrupt society as a social capital and potential, and manipulative political leaders in BiH, as a partner and not as a foreign agent or have two main characteristics: besides the "necessary evil" imposed by the European fact that all these attempts to solve the Union and other international protago- "Bosnian problem" resulted in a collapse nists, as it is still the case. and total failure, they were all organized in The second assumption is of system- almost complete secrecy and without the atic nature. Civil society organisations are participation of civil society. not able to act if they lack a supportive Civil society can impose itself as a environment for their activities. The state stakeholder and partner, only by extraor- and its entities must a) define a mid-term dinary and special effort and participation and long-term vision of (e.g. by adopting in the political arena, and not because its and implementing a national civil society participation is of interest to Bosnian insti- development strategy) what kind of civil tutions or EU protagonists. society they want to have, b) appoint per- Considering the fact that the process of sonnel (e.g. by establishing a Civil Society EU integration of BiH has been develop- Office on state and entity level) whose ing in an atypical way, the position of civil responsibility would be to deal with these society itself within this process is unu- issues, and c) provide real and not only sual and different in comparison to other declarative support to civil society organi- states. It will be interesting to see which sations’ work (e.g. by establishing national position the civil society will take once BiH foundations for the development of civil gains a candidate status and if the EU at society). least then would consider it a partner and (Political) Will for this kind of changes not an "unconstructive" stakeholder, as in BiH still does not exist. This has been an employee of the Delegation of the EU confirmed by the fact that, in spring 2017, to BiH in Sarajevo once in a private conver- it will be ten years since Nikola Špirić, at sation called human rights organisations. the time Chairman of the Council of Min- isters of BiH and a representative of a civil society organisations coalition, led by the Centre for Civil Society Promotion from Sarajevo, signed a Cooperation Agreement between the Council of Ministers of BiH and the NGO sector in BiH. Despite the persistence of civil society organizations For the Locals Unwanted, for the International Community a "Necessary Evil" 39 and their coalitions, this agreement hasn’t an excuse from the authorities – we want been implemented to this day. to emphasise some good examples from The authorities do not want an active, everyday work that show that changes and critical and independent civil society. With partnership with the authorities is possi- their passivity, administrative inactivity ble: and silence, they contribute to the status quo. Furthermore, instead of develop- ing a framework that would foster civil Initiative for Monitoring society to act, in the past few years, there the European Integration of have been activities aiming at hindering BiH19 civil society’s work. Whilst in the entity of the RS, organisations which were critical towards the corruptive and non-trans- Understanding the importance and poten- parent government, were put on a "traitor tial of the EU integration process for the list", in the entity Federation of BiH in 2013 development of human rights in BiH, a and 2014, there were attempts to change coalition of civil society organisations was the law which regulates the process of the established in 2012 with the aim to include establishment and work of associations civil society in the EU integration process and foundations, as two basic legal forms and influence policy development. From of registering a civil society organisation. that moment until today, a small coalition Through these changes, executive powers developed into a network of 30 organisa- would have the right to abolish an associa- tions which actively monitor changes in tion or foundation without appeal. terms of the so-called political criteria for The worst attempt of disciplining civil integration. Since 2013, an alternative pro- society organisations was the Draft Law gress report is being published which rep- developed by the RS government, which resents the view and perception of the civil was in parliamentary procedure in 2015, society on the rule of law and human and with the aim to "enable the transparency minority rights in BiH. We are convinced of not-for-profit oriented organisations". that many questions wouldn’t have been Modelled on "foreign agent" laws from the even mentioned in official progress reports Russian Federation, this law anticipated a had they not been opened and argued in rigid control and targeting of all those who the alternative progress report of this Ini- receive donor funds outside the RS, whilst tiative. Initiative members have imposed organisations which receive funds from RS themselves as a critical stakeholder during would be spared. This law was withdrawn legislation development. The best exam- merely due to civil society organisations’ ple is the development of the new Law efforts. on Ombudsman for Human Rights in BiH and changes and amendments to the Law on Prohibition of Discrimination in BiH. Examples from Everyday Through the development and promotion Work of the amendments and the whole model of the Law on Ombudsman for Human Without wanting to shift responsibility for Rights and regular communication with the current situation over to civil society the Ministry of Human Rights and Refu- organisations themselves arguing that they have to be more persistent and capa- 19 More information is available on the website SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE ble – an argument that we often hear as www.eu-monitoring.ba EXAMPLES CASE 40 For the Locals Unwanted, for the International Community a "Necessary Evil"

gees, representatives of the Initiative are Civil Society Organisations in involved in the development process and Ministries’ Working Groups further consultations. Coalition activities accompanied by expertise can be the right With the appointment of Semiha Borovac way to approach self-contained institu- for Minister of Human Rights and Refu- tions. gees of BiH, we finally got a person who is interested in making changes. Due to good cooperation with civil society organisa- Involvement of LGBT tions during 2015, this Ministry decided Persons in Operational Plans to expand the cooperation. In addition of Entity Governments to periodical invitations to intersectoral working group meetings and consulta- tions, this time, the Ministry decided to Although the rights of lesbian, gay, bisex- involve civil society representatives into ual, transgender and intersex (LGBTI) working groups for the development of persons are institutionally ignored by the Human Rights Strategy and Anti-Dis- authorities on state and entity level, some crimination Strategy. SOC has been invited substantial changes occurred in 2015. to participate in three working groups due The Sarajevo Open Centre (SOC), as an to its expertise in the area of public pol- organisation with substantial coverage of icy, discrimination and combating hate LGBTI themes in its work, has succeeded crimes. SOC will have a chance to directly to impose itself as partner to the Gender affect strategies’ and laws’ contents, but Centres on entity level and to the Agency also to have regular consultations with of Gender Equality of BiH. Through a other civil society organisations. This holistic approach, data gathering, and example shows that cooperation with civil documenting cases of violation of human society organisations is possible and, in rights of LGBTI persons, research, report particular with specialised organisations, development and public policy, as well if the authorities see their interest in that as legal recommendation development, cooperation. the organisation has successfully made a mark as partner and is, as such, accepted by institutional mechanisms for gender Recommendations equality. As a result of this cooperation, Annual Action Plans of the RS and Federa- If we want to create change, we have to act tion of BiH governments for gender equal- on two levels: ity improvement in 2016 contain measures The first one is the institutional level proposed by SOC. These measures will be which demands long-term action, but can implemented in partnership between this also result in long-term changes. BiH and organisation and government institutions its different levels of government have to for gender equality. We emphasise these create a framework for civil society devel- measures because this happens for the first opment. In addition to adopting a Strat- time in the history of BiH that the country egy for Civil Society Development, which has LGBTI-inclusive public policies. This would define all measures which have to be is important particularly because LGBTI taken, it is necessary to establish office(s) rights were completely excluded from BiH for civil society cooperation and allocate authorities’ activities, due to social dis- funds for their work. More precisely, one tance and institutional ignorance. must admit that at this moment, there is For the Locals Unwanted, for the International Community a "Necessary Evil" 41 a significant imbalance in financing civil society organisations. Whilst religious communities, sports associations and war veteran organisations, as research indi- cates20, get more than 100 million BAM per year, organisations dealing with democ- ratisation, government transparency and human and minority rights barely exist for the state. This problem can be solved by e.g. establishing a National Foundation for Civil Society Development. The second level of action is of short- term nature and is more in the hands of civil society organisations themselves. As long as there is no institutional framework, civil society organisations have to show more interest and commitment and they have to use the EU integration process to work on concrete issues that are of inter- est for the citizens of BiH. Civil society organisations have to focus their work pri- marily on the relevant governments and parliaments. With this approach, these bodies will become our natural allies and interlocutors. Despite rejection, we cannot give up. Change will not come by itself, but rather by active involvement and action.

20 Inicijativa za bolju i humaniju inkluziju (IBHI), Zašto je NVO potencijal neiskorišten? (2012), EXAMPLES CASE 42

I recently read a tweet: "Civil rights are not Public Space inherited. Every generation has to start from the beginning". Honestly, as much Belongs to Us as such a thought is based on the fight for our rights, personally, I cannot accept that restrictions imposed by institutions must be of this intensity. Dražana Lepir, Citizens Association "Oštra nula"21 was Oštra Nula, Banja Luka established in December 2009. We started as an informal group, but due to bureau- cratic obstacles, we decided to formally register an organisation in October 2010. A combination of youth enthusiasm and dis- satisfaction was the trigger for us to gather and demonstrate through public actions that we do not accept the corruption, nep- otism, arrogance and discrimination that those of us who are not in familial-political relations to the governing political estab- lishment are exposed to. At the beginning, our activities were mainly street performances and debates that we financed ourselves. We had sup- port from our friends from other non- governmental organisations. The distinct nature of our activities attracted signifi- cant media attention. I would like to mention that, although we didn’t have experience and knowledge in terms of legal and bureaucratic issues, we always followed the rules and gave our best to coordinate our activities with legal regulations. But, as we became increas- ingly present in the media due to our activ- ities, we started receiving misdemeanour tickets and the city authorities refused to issue a permission to use public areas. The propaganda of media influenced by the Republika Srpska (RS) regime was aimed at discrediting our work and similar activities. Our biggest problems started in Feb- ruary 2011 when we organized protests in Banja Luka with an informal group, "Glas naroda"22. The reason for these protests

21 Oštra Nula literaly means Sharp Zero 22 Glas Naroda – People’s Voice Public Space Belongs to Us 43 was the statement of Milorad Dodik, who ize most of our activities in public space, was Prime Minister of the RS at the time, the first restriction we faced was that, as that "they will abolish veteran’s subsidies if physical persons, we could not obtain war veterans get on the street" but also the a permission to use public space. Until bad social and economic situation of our we registered, other legal persons would citizens. These were the first spontaneous apply for permission for our actions. On protests in Banja Luka that gathered about the other hand, the application does not 3000 citizens and were organized through provide an option to sign up for street social media. These protests were very actions or performances, i.e. our laws do important because they showed that peo- not recognise this kind of activism. The ple were unsatisfied in the RS. At that time, result of this setup is that we never know the policy led by Milorad Dodik focused on for sure if we will get the permission or not. brainwashing, stating that the RS is more This mainly depends on internal decisions progressive than other parts of Bosnia and of city administration officers. The sec- Herzegovina (BiH) and how everybody ond thing important to emphasize is that wants the RS to disappear. Soon, we organ- protests can be announced by a physical ized second protests when we also experi- person at the Centre for Public Security at enced mighty authority propaganda which least 24 hours in advance. If nobody from until today is governed by fear and terror the Ministry of Interior calls you until the when it comes to freedom of speech and day of the protests, it is considered that expression. On the day of these second you have a permission to hold protests. protests, SRNA (the RS News Agency) pub- Since 2008, protests in front of public lished an article in which they used parts institutions are forbidden in the RS, or of our statements from other articles and rather, it is allowed, but in a distance of out of context with the aim of discrediting not less than 50 meters. If one decides to us as people who live in Banja Luka. They organize a protest which involves moving, called us traitors, anti-Serbs, promoters of one has to consider this decision during Sarajevo’s war story and so on. They also the planning of the route. In addition, the used our cooperation with organisations problem is whether one would even be able from the Federation of BiH as a final proof to protest on the move. We mostly witness that we are against the RS. Considering the prohibition of protests if their organizers fact that we don’t have independent media, do not find some other solutions, such as this kind of media spin and propaganda is adjusting the protest route or accepting still one of the most powerful weapons of the authorities’ proposal to move the pro- the governing structures in the RS. test outside of city centre and other similar workarounds. This worked for a while in the case of Picin Park, where there was no Restrictions of Public Space formal organizer of the protest, no leader to address and the protests were organized I would also like to state something about through Facebook, until the police just the legal mechanisms available to us started blocking entire streets, or denying because it is important to say that city protests in a certain location. administration regulations are not the In Banja Luka it is allowed to gather in same in each municipality in the RS. I public on two locations determined by the will now emphasize regulations which are City administration: Krajina Square (Trg valid for Banja Luka. As we started street Krajine) and Dr. Mladen Stojanović Park. SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE actions and, in general, decided to organ- At the same time, if one wants to submit EXAMPLES CASE 44 Public Space Belongs to Us

an application to use public space, they are fine was "impermissible promotion on the also limited to these two areas implying territory of Banja Luka City", i.e. our ban- that the space for public activity is legally ner and stickers were processed as misde- limited to these two locations. meanours on that basis. We decided not As I mentioned before, our problems to pay this fine and launched an appeal. A started a year and a half ago following our month later we received one more misde- active involvement and action. Granted, meanour ticket for the same sticker, pho- our actions were different than those of tographed on another location. The overall other organizations. They were different fine was 2.100 BAM (~1074 EUR). in the sense that we pointed to the non- We also went to court with this mis- chalance and inactivity of responsible demeanour ticket whereas this time, we authorities and to social and economic approached the Human Rights Ombuds- problems within our society. Due to our man. They advised us to have a meeting creative actions we had much sympathy with the Head of the Communal Police and and, to put it this way, a silent support of explain in writing why we implemented the public. Besides our street actions, we that campaign, and to admit that we had have organized debates, public discus- made a mistake due to mitigating circum- sions and other activities through which stances in the process. The meeting with we wanted to animate young people to the Head of the Communal Police, Mr. be active. Our aim was to promote critical Dragan Lukač (he is now the Minister of thinking and awareness of our citizens. We Internal Affairs of the RS) was not the most didn’t limit our work to Banja Luka only pleasant one. We verbally agreed to remove but we have been trying to set other cities our stickers and that they would not issue in the RS in motion. misdemeanour tickets until we removed them. We solved the issue with the tickets in 2013 at the Municipal Court when the Politics of Penalties fine was modified into suspension of sen- tence on probation for 6 months for each In October 2011 we organized an action penalty. It’s important to say that we had a called "I just don’t want to leave". With total of 6 hearings because there were sep- this we wanted to say that our activism is arate trials for the legal entity and for the the result of the fact that we do not want responsible person (the president of our to go from here. In addition, we wanted to Association). During the whole process we point to the fact that the state level gov- had support23 from the public but it was ernment wasn’t established even one year very difficult to get legal aid. Eventually, after the parliamentary elections and we we engaged a lawyer who was in favour of also wanted to point out the debt made by our case and who charged a minimum for RS by that date. In this regard, we placed her services. We also immediately initiated a banner with this quote on a cinema a solidarity fund and succeeded in collect- fence on the Krajina Square. Very soon ing money in case we would have to pay after that police showed up and removed a penalty. the banner and gave us a misdemeanour During this period, it was very hard ticket. As part of the same campaign, we to continue with our work because many placed stickers with the same message in people who were part of our organisation public spaces in the city, for which we also 23 Uglješa Vuković, Ja samo ne želim da odem odavde received a fine. The overall fine was about (2011), Public Space Belongs to Us 45 slowly withdrew, and the pressure was big. its to other cities as the organisers of differ- Luckily, we managed to continue with our ent social and cultural activities. work, but the pressure still remains. As an organisation and as individuals we were actively involved in different local and Occupation of Public Space state initiatives. We took part in protests by Officials for the preservation of a park in 2012 which lasted from May to October that year. We Out of many bureaucratic difficulties we supported the JMBG protests (Baby Revo- are facing, it is important to highlight the lution) in 2013 in Sarajevo. At that time, issue with obtaining permits to use public together with several other activists, we property. For each action we are organiz- were labelled traitors and destroyers of the ing, we need to file a request to use public RS. In 2014, we supported Tuzla workers, property and pay a 12 BAM fee. More than by organizing a solidarity walk together once, we were denied permission, with- with the Helsinki Parliament of Banja Luka. out any written explanation. At the end of After this unannounced event, organized 2014, we did not get a permission to organ- spontaneously thanks to social networks, ize an event to mark November 9 (Day of the so-called black list of non- governmen- Remembrance of Victims of Fascism) tal organisations (NGO) in the RS was pub- and December 10 (International Human lished, led by the SNSD. Our organization Rights Day) and later also Day of the City was not on that list, but at the front page celebrated on April 22. Even though we of the daily paper "Glas Srpske"24, it was did not get permission to organize these declared that we cooperated with activists events, we decided to still proceed with of the Free Republic25 (Slobodna repub- the organization. As we did not get any lika) to burn down the War Veteran Organ- written rejection and had submitted the ization of the RS, together with buildings request on time, we assumed that we did of the Eastern Sarajevo Administration. not get any answer due to bureaucracy. On Thanks to Transparency International BiH November 9, at the first of these events, the (TI-BIH) we filed an appeal for slander but, communal police appeared and gave us to date, this case has not been processed. an 800 BAM (~400 Euros) misdemeanour After being constantly called out by the ticket for disturbance of public order and media, having received misdemeanour use of public property without permission. tickets and acuity of our actions, and sup- We decided to pay this fine, as there was port that we gave to other initiatives, we no legal basis for the court to decide in found ourselves in a situation to be seen as our interest and, if we accepted the guilt a "risky" organization. During this whole and paid the fine within 7 days, we needed period we continued with our activities to pay only half of the amount. For other involving young people from BiH and vis- actions, we were verbally informed that there was an internal decision not to issue 24 Goran Maunaga, Planirali paljenje BORS-a i uprave any permission due to other events which Istočno Sarajevo, Glas Srpske, (2014), http://www. glassrpske.com/novosti/vijesti_dana/Planirali-paljen- were planned to be held on that property. je-BORS-a-i-uprave-Istocno-Sarajevo/lat/148329. As of 2013, a commercial street festival html is held in our city on Krajina Square, Zim- 25 Nikola Dronjak, at that time President of Slobodna Republika is now Youth Coucil President of PDP zograd. Due to Krajina Square being occu- (Party of Democratic Progress). Nikola Dronjak has pied from December until mid–January, organized protests on 12th of June 2013 nal decision not to issue any permission EXAMPLES CASE 46 Public Space Belongs to Us

for the use of public property to anybody In the end, we have to ask ourselves during this period. That was the reason what we leave to future generations if we why we could not hold an International are not allowed to be political stakehold- Human Rights Day event in 2014. Due ers, if we have to expurgate each of our to these circumstances, we approached messages or activities to soften the reac- legal experts from TI-BiH who suggested tions of the regime, as they will always be submitting the request for permission to present, no matter how cautious we are. use public property several months ear- The energy that each of us has to invest lier instead of 14 days before the event, in our activities is huge, but we have no because we could then refer to the silence mechanisms to protect ourselves from of the administration in case we did not get authorities’ arbitrary decisions and media an answer. When we did that, we received pressures, except the law which is writ- permission for some activities, but not to ten to serve only those in power, affluent mark November 9 and December 10 2015. people and their subjects. This energy We were told that they could not know disperses and forces us to quit the idea of if the space would be free for our event leading a normal life in this region, surren- (although for our activities we mostly der this fight or become followers of politi- need a small space of 2 m2). For these two cal parties who expect votes for a working cases we decided to use all available legal place, in case we even get it. mechanisms to get an official answer from Bosnia and Herzegovina has a chance the administration about why our appli- to live a peaceful and democratic future cations were rejected which eventually ,but the initiative for this has to come from resulted with a change of decision and its citizens. The changes that our society issuance of permission for our event. needs cannot and will not come exclu- sively from the EU accession process. The permanent changes we need require Punish First, than Prove political literacy of our citizens, a task for what Happened all civil society members to work on, since laws which are not being implemented What lies ahead is a legal recognition properly are just dead letters on paper. It of activism, freedom of speech and other is this effort that should be supported and democratic, non-violent mechanisms. It’s recognized by the EU and the rest of the important to emphasize that we speak international community, if we are to ever about political activism which is denied start moving forward. or impeded if we want to draw attention to indolence and political autocracy. The National Assembly of the RS has prepared several laws which will additionally limit the freedom of speech through legal regu- lations and definitions which will be used according to this principle: "Punish first, than prove what happened". The Law on Public Order has insufficiently defined what an insulting message is and has thus left space for loose interpretation and selective appliance of penalty regulations in this regard. Foto by: Oštra Nula 47

Background Albania: As the Eastern Bloc of Europe was finally Shrinking leaning towards the West in the 1980’s, Albania was among the last countries in Spaces, Battles Europe to abandon communism in the 1990’s, partly due to its Stalinist loyalty. In and Striving to fact, Albania was also the last in the region to seek independence from the Ottoman Foster Trust in Empire. Hence, we may say that Albania has taken a pretty different path in its his- Civic Activism tory of governance, compared to other Balkan states. Albania was hardly a state whose borders would remain secure, after Alida Karakushi, flirting for a very short time with plural- 27 Qytetarët Për Parkun26, ism ; the state was governed by a self- proclaimed king in the 1920’s, who was Tirana first under a direct influence, and later a subordinate of Mussolini.28 After WWII, moving from a semi-feudal system, Alba- nia adopted communism. Unlike all other communist countries (Russia and China included), Albania remained faithful to Stalinism, at times openly criticizing Rus- sia for betraying it in the 1960’s29, as well as China for doing the same in the 1970’s, in opening dialogue with Imperialist powers, meaning relations with the USA30. Con- sequently, it is obvious that, in the after- math of its break-up with the communist dictatorship, Albania knew nothing about democracy, unlike the rest of the commu- nist countries that had experienced some degree of freedom and democracy in their earlier times of governance. In fact, the communist regime was able to eliminate every movement or dissident who would challenge the party line, so as to impose its

27 Smith, Advocate of Peace through Justice, World Affairs Institute, ii, 87 (1925), 100–102 28 William Miller, Albania and her Protectress, Foreign Affairs, iii, 5 (1927), 438 29 Speech Delivered by Enver Hoxha as Head of the Delegation of the Party of Labor of Albania before the Meeting of 81 Communist and Workers Parties, Moscow, 16 November, 1960 30 Lalaj, Ostermann, and Gage, Albania is not Cuba, 26 Citizens for the Park Cold War International History Project Bulletin SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE 2004 EXAMPLES CASE 48 Albania: Shrinking Spaces, Battles and Striving to Foster Trust in Civic Activism

dictatorship. Unconfirmed sources report only concern - Albanians, as a nation, that 18% of the population was persecuted were neither ready, nor did they have the for political reasons during the commu- knowledge or skills to operate in an open nist times. Additionally, because of secu- economy. A number of murky activities, rity reasons, heavy investments in defense such as trafficking, money laundering and and intelligence were made throughout informal banking led to a rise in Albanian the 45 years of the communist regime. pyramid schemes, which were initially Furthermore, the isolationist path Albania seen as benign by the IMF, since they followed in the 1980’s, led to economic self- replaced the missing banking system.32 reliance and also a nation that was totally As the pyramid companies were able isolated from the rest of the world.31 Due to to buy off the media and the politicians in this level of control, Albania’s’ dictatorship power they praised their reforms as a ‘suc- regime is considered to have been among cess’, whilst the opposition never explicitly the harshest ones in Europe. This political said anything against this, for fear of losing evolution is not a long forgotten history, electoral support.33 The situation resulted but has affected the socio-political life of in a quasi civil war and an economic dam- Albanians at all levels until present days. age which is still not measurable. Some reports estimate that 50% of Albania’s total GDP (about 1.2 billion USD) was invested Transition into pyramid schemes. Albanians took the streets accusing the government for mis- Transition from a one-party system to a handling their money. The situation dete- pluralist one became possible after mas- riorated to a state of lawlessness, where sive student protests erupted, under the criminal gangs were controlling the major- slogans "we want Albania like the rest of ity of the territory. In the aftermath of the Europe". What made this transition peace- fall of the pyramid schemes, which led to ful had to do with Albania’s economy, the loss of more than 2000 lives, order in which proved to be unsustainable, due, Albania was restored through Italy’s effort, in part to its total isolation in the 1980’s, which drew in the support of a multina- as well as the soft stance of the leader of tional force. These transformations were the Labor Party, Ramiz Alia. As Albania going on while Albania was missing some adopted pluralism, several parties were of its most important institutions such as: established. Unfortunately, all the leaders legislative, financial and administrative of the new parties were communists that institutions, as well as a civil society.34 had held high positions in the bureau- cracy, or literally former ministers of the regime.

Reforms and Pyramids 32 Jarvis, Christopher, The Rise and Fall of the Pyramid Schemes in Albania, IMF Staff Papers Vol. 47, No. In the aftermath of the 1990’s, Albania 1. 2000. International Monetary Fund was the poorest nation on the European 33 Fred C. Abrahams, Modern Albania: From dictator- ship to democracy in Europe (United States: New continent. Poverty, however, was not its York University Press, 2015) 34 Blendi Kajsiu, A discourse analysis of corruption: 31 B. Backer, Self-reliance under socialism - the case of Instituting Neoliberalism against corruption in Alba- Albania, Journal of Peace Research, iv, 19 (1982), nia, 1998-2005 (London, United Kingdom: Ashgate 355–367. Publishing, 2015) Albania: Shrinking Spaces, Battles and Striving to Foster Trust in Civic Activism 49

Nations in Transit; Albania (2015). Stagnation of the CS indicator

During communist times, civil society in Albania was literally nonexistent. Now- Political Pressure, Hijacking adays, even the term civil society, which Protests and Confirmation usually refers to the NGO sector, has come of the Nonexistence of Civil to be associated with the financial benefits Society individuals involved in it enjoy, rather than civic engagement, or impact on policy making. When it comes to transparency, A recent wave of protests, which served to NGOs in Albania are not keen on sharing discuss the problems persisting in Alba- information. A CIVICUS report from 2010 nian civil society, emerged a few months found an unexpectedly high refusal rate to ago for the protection of the Tirana Lake answer the survey questions in relation to Park.36 The main arguments against con- financial issues, human resource manage- struction within the sole green area of ment, and internal governance (over 40%), Tirana, had to do with the fact that there among the limitations they faced in imple- was no transparency regarding the project, menting research on the Civil Society Index no public hearings (despite the fact that (CSI) model. When it comes to proactive Albania had signed the Aarhus convention transparency (providing financial reports in 2003), no environmental study leading online), almost none of the NGOs in Alba- to an environmental permit, as well as no nia met the criteria. While skepticism is transparent competition. Furthermore, seen to be very high among Albanians35, the activists considered that the imple- confirming disbelief towards institutions mentation of this project would minimize and each other, the lack of transparency the green space of Tirana (which already within the NGO sphere, intertwined with several corruption scandals, very often makes engaged citizens distance them- selves from the term civil society. 36 Alida Karakushi, Albanian activists rally against a ‘concrete’ end for Tirana’s last public park (Global Voices, 2016), https://globalvoices.org/2016/03/24/ 35 European Social Survey, Data and Documentation, albanian-activists-rally-against-a-concrete-end-for- SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE 2014, tiranas-last-public-park/ EXAMPLES CASE 50 Albania: Shrinking Spaces, Battles and Striving to Foster Trust in Civic Activism

provides less green space per citizen37 than trumpeted by the mainstream media, the vast majority of European cities). declaring that DP was behind the protest. Activists, mostly independent engaged When asked insistently by a TV mod- citizens, encountered a variety of pressure erator about the protestors, the current from the state institutions on one hand, Prime Minister, Edi Rama, claimed there and apathy, fear to join, and disbelief from was no civil society in Albania, thus phras- the rest of the society. They faced political ing it: ‘Where is the grave of the CS so I can pressures from the main state institutions, send them some flowers? (minute 54 of the violence from the police and, on other video).38 occasions, total indifference from state On another occasion, the PM prompted agencies that should have supported them foreign direct investors to invest into Alba- such as the Ministry of Environment. One nia citing lack of trade unions39 as a stimu- such instance when the police failed to lus. Considering the PM’s statement, it is provide protection occurred when one of important to point out that the political the CEOs involved in the implementation class has constantly made civil society of the project threatened and beat up some actors part of the government, thus hem- of the protesters. In order to neutralize the orrhaging it. Such an example is the cur- protests, the police would capture and rent mayor of Tirana, Erion Veliaj, who was accompany some activists to the police the leader of the "Mjaft" civic movement station, keeping them there for hours. The prior to joining the Socialist Party. police also used verbal violence, threaten- ing the activists with the use of force and denying them the right to put up tents Media and Propaganda during their permanent sit-in protest. The protesters tried to get support from the When the protest for the Tirana Lake Park international community in Tirana, and became a permanent sit-in near the desig- approached several embassies, only to nated area, the media provided almost no encounter silence, mainly because they coverage. The media in Albania is partially focus on the judicial reform. free, but it is seen mostly as an extension of When it comes to the discourse around party and corporate interests. According to the protests, the ruling Socialist Party (SP) Freedom House40 the independent media in power labeled the protesters support- indicator worsened since 2009. The alter- ers of the oppositional Democratic Party native media, on the other hand, with the (DP), so as to neutralize their arguments. help of social networks, became an impor- The DP’s discourse, on the other hand, was tant tool against the state propaganda and ambiguous, leading to confusion among gave some level of freedom to civil society the public, but they were ultimately able activists. The activists of the Citizens for the to to ‘confirm’ support for the protesters. Park then founded their own TV channel, The leader of the Democratic Party (DP), known as Televizioni 2.0. They were able Lulzim Basha, confirmed his support in a public debate. This declaration was then 38 RTV KLAN, Opinion - Edi Rama! (10 mars 2016) ([n.p.]: YouTube, 2016) 39 Intervista integrale a Edi Rama, Primo Ministro 37 Gazeta Tema, Veliaj prezanton programin për albanese (La7.it, 2015), http://www.la7.it/le-invasio- mjedisin: ‘Më shumë hapësira të gjelbra dhe parqe ni-barbariche/video/intervista-integrale-a-edi-rama- për qytetarët’ (2015), sit/2015/albania>. Albania: Shrinking Spaces, Battles and Striving to Foster Trust in Civic Activism 51 to do so using streaming applications on agenda and procedures, particularly as social networks. the number of international donors has decreased. As many international donors condition their funding to the support of Official CSOs vs. Unofficial local and state institutions, CSOs are less Ones likely to keep the government in checks and balances43. A study conducted by the UNDP on civil society of Albania, argues that NGOs in Albania are unable to catalyze civic Citizens’ Apathy and engagement because of the low social the Need to be Totally trust among citizens.41 Such low social Independent trust results in meagre participation in important protests, even when they are organized by independent civil society During the two months of the permanent activists, and thus, seen as trustworthy, sit-in protest, many of the engaged citi- non-elitist and with no hidden agendas. zens got modest support from the rest of In many cases of protests organized by the society, some of which was only virtual. independent engaged citizens, CSO actors But they did also directly face the disbelief tried to make them appear as if they were of many citizens who approached them the ones organizing them. When these on site and accused them of being paid to embryonic acts of independent civic activ- protest.44 For the moment, the only way ism are hijacked by NGOs, the level of trust to combat the apathy in Albania is to be among citizens lowers even more, creating totally independent and unofficial. The a vicious cycle that hinders the creation of international community’s procedures a healthy and sustainable civil society. (particularly when it comes to EU funds) When it comes to the involvement of should be adapted to the local situa- environmental NGOs for the protection tion, taking into consideration the level of the Tirana Lake Park, they refused to be of corruption and distrust in the country. the flag bearers of the protests. Their reac- Moreover, they should also offer proac- tion was mainly symbolic, as the only tool tive help, considering the lack of exper- they used to express their concern was an tise in human resources. International online joint declaration. When called by organizations (IOs) should not make the the activists to officially join them in the inclusion of state and local actors manda- legal battle, the representatives of some tory in their funding criteria and promote environmental NGOs refused to be a part more transparency and accountability by of it, because of fear of intimidation and a requiring that CSOs become transparent loss of funds from the government. In fact, in their financial reports, not only towards according to Freedom House42, the need the donors, but also the general public. for financial stability for CSOs has made When it comes to grassroots movements, them follow international organizations’ IOs could officially extend their help to independent citizens, without condition- 41 CIVICUS, Albania CSI Report, (2010): 44 Ora News Emisione, ‘Të Paekspozuarit - ‘Shpresa që 42 Freedom House, Albania: Nations in transit (2015), ka filluar të vdesë’, Blushi përballë analistëve. - Ora . watch?v=qa6eOuynG6o> EXAMPLES CASE 52 Albania: Shrinking Spaces, Battles and Striving to Foster Trust in Civic Activism

ing them to formalize, while also providing a clear distinction between them and the the urgently needed judicial expertise. official civil society, and even do not like In regards to civil society in Albania, it to be identified as civil society, is the need is clear that a new form of civic activism to empower the concept of the engaged is about to emerge. Recent citizen move- citizen in the political life. Disbelief how- ments resulted from the political pressure, ever, is still pertinent even towards these the mistrust in CSOs, the media censor- groups of citizens. Nevertheless, helped by ship, and its propaganda. Considering the the new era of information, many of these very high level of disbelief that reigns in the groups’ use of social networks to inform Albanian society, one of the reasons many and engage is already bringing a slow, but of these engaged groups of citizens make steady increase in civic engagement. 53

The right to public assembly and free Republika expression of opinion are basic indicators of how politically democratic a society is. Srpska: A When all other methods (meetings and negotiations with officials, writing com- Chronology of plaints, judicial processes) are exhausted, citizens only have the choice to get out on Restrictions for the street and thereby express their posi- tions, dissatisfaction, requests and/or Civil Society expectations. For the past several years in Bosnia and Herzegovina (BiH), trends dis- Organisations puting and limiting citizens’ right to pub- lic assembly and freedom of speech have been present. Dragana Dardić, In this text, we will present three Helsinki Citizens’ Assembly, events, that might not seem connected at first glance, but which we believe can be Banja Luka observed as the beginning of something we today label shrinking space for the work of civil society organizations in Republika Srpska (RS). The first event began in May 2012. That spring, in Banja Luka, several hun- dreds of citizens rose against the destruc- tion of a park in the city centre, known as "Picin park". Citizens requested City and Entity Governments to suspend the destruction of the park and construction of a business facility on this green surface until all documents concerning the regula- tion plan, sales contract and issuing con- struction permit to the company Grand Trade were publicly presented. Up to this moment, complete documentation con- cerning the sale of this green area in the city centre where a multi-storey business facility was built has not been published. In the meantime, Mile Radišić, owner of the company Grand Trade, being con- nected with Milorad Dodik, President of the RS, through godfather relations, was sentenced to three years in prison due to embezzlement of bonds of the Banja Luka "Medical electronics". Radišić was a fugi- tive in Serbia and then, in November 2015, he walked into KPZ (prison for adult per- SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE petrators) Tunjice to serve his sentence. EXAMPLES CASE 54 Republika Srpska: A Chronology of Restrictions for Civil Society Organisations

Gatherings and protest walks of citi- Black lList of Non- zens lasted for months. Walks were chosen Governmental Organisations to express political resistance and fight the autocracy of politicians, nepotism, crime, The second event important for the chro- sale of public goods and arrogant relation nology of shrinking space for activities of of the government towards citizens’ eco- the civil society in the RS happened in Feb- nomic, social and ecological needs and ruary 2014, when the official web site of rights. The walks were also a symbol of the Alliance of Independent Social-Democrats civil struggle for free expression of opinion (SNSD), the governing party in RS, pub- at any location and time, without fear and lished "Destruction of the RS - Theory and in a public manner45. Technology of Revolution" including the However, what was new for the gov- so-called "black list"47 of non-governmen- ernment and what gave the protest walks tal organisations (NGOs) and individuals, a new dimension was the fact that the pro- alleged destroyers of the constitutional tests did not have a leader, they were not order in the RS. This was published not organized by any centre, and did not have long after a peaceful protest walk organ- any relation to any political party. Social ised in February 2014 by the Helsinki Citi- networks, primarily Facebook, had the zens’ Assembly from Banja Luka and the leading role in its organization! NGO Oštra nula as a sign of solidarity with These facts led to the introduction workers and citizens of the Federation of of legal interventions by the authorities, BiH who stood up to defend their rights to whose goals were to prevent mass gather- work, salary and decent living. ings and public eruptions of citizen dissat- Again, a peaceful protest walk was isfaction. spontaneously organised through Face- The park does not exist anymore and book. the m:tel company has recently moved Now we come to the third event mani- into the newly-constructed business facil- fested in the adoption of the Law on Public ity. Order in the RS (2015). This event broad- The initiative "The park is ours" ened the definition of "public space" to declared this decision of m:tel, the Tel- social networks, thus opening a space ecom of Serbia, as "shameful support to for prosecuting or punishing a particular criminal destruction of the society of the activity or expressing positions ("disturb- RS and BiH" and the National Assembly ing contents") online! The law was adopted of Serbia and the Chairman of the Ser- in spite of opposition of the local and bian Government were informed of all the international public and indication that aforementioned in February this year46. the proposed law was not in compliance with the Constitution of BiH and interna- tional standards, primarily, Article 10 of EU

47 The "black list" was a dangerous labelling and invita- tion for lynching of those who are non like-minded with the RS government. In addition to some media and independent political and economic analysts, the black list also included civil society organisations: 45 Park je Naš, Deklaracija inicijative "Park je naš!" Transparency International, Helsinki Citizens’ As- (2012), http://www.6yka.com/novost/28065/deklar- sembly from Banjaluka, citizens, Slobodna Republika acija-inicijative-park-je-nas (Free Republic), Centre for Information Decontami- 46 More on the visit of the initiative "Park is ours" in nation of Youth BUKA, GEA Centre for Research and Belgrade: http://www.rtvbn.com/374821/Inicijativa- Studies, Youth Initiative for Human Rights and the Park-je-nas-i-u-Beogradu Association of Veterans of the RS. Republika Srpska: A Chronology of Restrictions for Civil Society Organisations 55

Convention on Human Rights and Funda- adoption or changes to regulations and mental Freedoms, Universal Declaration policy of RS, or in terms of political and of Human Rights and International Cove- public interest"?! nant on Civil and Political Rights, and that Although these Draft Laws have never this law dangerously questions the right to been adopted, it is clear that their goal, freedom of speech and expression. along with the Law on Public Order of the It is not by accident that the creators RS, was to limit the space of action for civil of this law also broadened the definition society organisations. of public space to social networks, since Moreover, this also included disabling it has been evident that today, social net- other civil initiatives that appeared in the works are the channel used for articulat- past two years in the RS, such as Recrea- ing and spreading information that can be tion Zone Banja Luka and the Civil Initia- difficult for the government to control and tive for Borik. The last initiative gathered monitor. more than 5000 signatures in a couple Afterwards, there was another attack of days from citizens opposing the deci- on civil society in the form of Draft Law on sion of the civil authorities to build a reli- Public Gatherings of the RS and Draft Law gious facility, a church, at a playground in on Transparency of NGOs in the RS. Borik. However, the Assembly of the City Namely, the Draft Law on Public Gath- of Banja Luka rejected the proposal of the erings stipulated that protests be held "in Civil Initiative for Borik requesting the shifts" (from 8 AM to 2 PM and from 6 PM preservation of the public green land and to 11 PM), as well as that public gather- playground from destruction. This Deci- ing cannot last longer than three hours, sion of the Assembly was annulled by the in comparison to "public gatherings for Supreme Court of the RS! However, until sport events" that can be held without today, the proposal of the Civil Initiative time limitation! Moreover, some other was not returned on agenda of the local provisions of the Draft Law were arbitrary Assembly. and unclear. All the aforementioned could The Recreation Zone is fighting for an be interpreted together as an attempt to outdoor site in Šehitluci (Banj brdo) with- further disable civil activism and activities out cars, for which they have organised of citizens’ associations, individuals and numerous campaigns but, despite all the informal groups who, by means of public aforementioned, the local government is gatherings or protests, publicly criticize not giving up on opening traffic on this the government and point out existing location that is being visited by several society problems. dozens of citizens each day. The fact that On the other hand, the Draft Law on the local authorities have refused to give Transparency of NGOs also stipulated up on this issue could be connected with labelling organisations receiving foreign the opening of a restaurant «Novak» on donations as "foreign agents" and plac- Banj brdo and some personal, party inter- ing their work under complete control of ests. Anyway, in this manner, somebody the RS Government. It would also prohibit tried to take away citizens’ place to meet, them from performing political activities, hang out, spend their free time and talk to whereby "political activity" according each other. to Article 2, paragraph 7 of the proposed In addition, the recent adoption of the draft, was defined as "any activity towards Law on Police and Internal Affairs of the bodies, institutions or elected RS repre- RS in April 2016 has, according to state- SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE sentatives in terms of formulating the ments of opposition parties, created a EXAMPLES CASE 56 Republika Srpska: A Chronology of Restrictions for Civil Society Organisations

legal framework for the increase of repres- ance" of Sonja Karadžić at the opposition sion, interception, detaining and limiting gathering and Darko Mladić at the rally freedoms and rights of citizens guaranteed of the governing coalition and an almost under the Constitution. Opposition par- complete blockade of the city centre where ties claim that the law is not completely everything was closed. harmonized with the EU legal acquis48, Cafés were closed, shops were not able and that it violates other laws on state and to sell alcoholic drinks, local and suburban entity level, including the Criminal Code of transportation was hindered and police the RS and that it also derogates coopera- officers were present everywhere. One of tion with governmental security agencies their tasks was to prevent protesters from and judicial institutions in BiH. One of the both sides to meet. However, the opposi- main objections is related to the increase tion rally and the counter-rally, as it was of authorities, such as the control of the called by the media, opened at least two President of RS over the police and broad- questions - one concerning the role of the ening the authorities of the police. police and second, concerning the criteria In the end, we need to mention two for giving permits for public gatherings. As protest rallies held on May 14 2016 in Banja for the former, the police should maintain Luka at almost the same time. One was order and peace and secure gatherings organized by the governing coalition at the but one could not help but wonder, why Trg Krajina under the title "With Heart for the Ministry of the Interior of the RS- if Srpska - Stop the Betrayal" and another by they already estimated those were high- opposition parties, one kilometre away, in risk gatherings-did not prohibit both of the park Mladen Stojanović under the title them?! Or, perhaps, it was necessary to "Free Srpska". Several tensions marked the demonstrate readiness of police forces to days before the gatherings took place, such decisively respond to all potential threats as conflict announcements, statements on directed at the constitutional order and "foreign elements" trying to destabilise the stability of the RS?! RS and conspiracy concerning the issu- ance of permits for holding protest rallies. It turned out that the space on Trg Krajina was reserved by the SNSD, the ruling party in the RS, from May 14 to June 5 2016 and that the opposition had to be contented with a park (one of the rare remaining parks in the city), which is another con- firmation that criteria for issuing public gathering permits are not the same for everyone. The protests in Banja Luka held on May 14 2016 will not be remembered for anything spectacular, apart from incred- ibly high security measures, the "appear-

48 Dragan Čavić, president of the NDP, claims that the not harmonised parts refer to rights guaran- teed in Europe that no citizen should be subject of surveillance and be recorded. 57

In his book The Structural Transformation Bosnian Blues: of the Public Sphere, Jürgen Habermas49 describes, in an exciting and convincing Culture, manner, the establishment, development and role of the press (the media), in the Pressure, political fight for the organization of public space. Habermas does not doubt at all that Suffocation democracy – as a tool of the bourgeoisie – depends less on the literacy of the ones that vote than on the strength of the voice Nenad Veličković, of the ones being voted for. This is the rea- son why, I must add, in countries with a Faculty of Philosophy, young democracy such as Bosnia and Her- University of Sarajevo, zegovina, public education sets very low Sarajevo aims when it comes to literacy; schools do not make an effort to install skills for ana- lytical, critical and independent opinion into the future voters, which is why their expectations from the government cannot be high.

Conflicts at the Boundaries

A fight for shaping public opinion in Bos- nia and Herzegovina is fought parallel to the fight for the cultural/collective iden- tity. Culture is not understood as the so- called high culture or, even as a synonym for civilization, but as a means of national homogenization (which is the issue Gell- ner, Smith, Anderson and others wrote about50); culture is primarily national cul-

49 (Habermas, Jurgen) Habernmas Jirgen, Javno mnenje, (Beograd, Kultura, 1969), Translator: Gligo- rije Ernjaković 50 (Anderson Benedict) Anderson, Benedikt, Nacija, izmišljena zajednica, Školska knjiga, (Zagreb: Bilig, 1990); (Billing, Michael) Bilig, Majkl, Banalni Nacionalizam, (Beograd: XX vek, 2009) Translator: Veselin Kostić; (Smith, Anthony D) Smit, Antony D., Nacionalni identitet, (Beograd: XX vek, 2010), Translator: Slobodan Đorđević; (Gellner, Ernest) Gel- ner Ernest, Nacije i nacionalizam, (Zagreb: Politička kultura, 1998) Translator: Tomislav Gamulin; see also: (Assmann, Jan) Asman Jan, Kulturno pamćenje, Pismo, sjećanje i politički identitet u ranim visokim kulturama, (Zenica: Vrijeme, 2005) Translator: SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE Vahidin Preljević EXAMPLES CASE 58 Bosnian Blues: Culture, Pressure, Suffocation

ture and working for and within culture, votes, can be found within what is called merely the mimicry of nationalism. the civil (civic?) society: among independ- At the first and the most visible level, ent intellectuals and non-governmental the fight we are talking about, in the pub- organisations. lic space, in the culture, is fought between By focusing on the rights of individuals, three nationalisms. Each of them controls in the sense that human (individual) rights one part of the territory of Bosnia and are more comprehensive than collective Herzegovina, and in their respective terri- rights and that, as such, they are sup- tories, they have at their disposal the entire posed to be more visible, if not superior state apparatus (media, police, judiciary, to the collective rights (cultural, national), education, etc51). The probability that one this political option is disturbing (but not of the nationalisms would hit the other quite endangering) the domination of the across the boundaries of its territory is not nationalisms. very high, except in the returnees’ settle- However, even though it is not directly ments, where the power is fairly balanced. threatened, the force of the state appara- An example for this is the conflict related tus used by the government (of national to the national group of school subjects in parties) will act every time the criticism of some returnees’ settlements in the Repub- nationalisms becomes loud, and therefore, lika Srpska, or in the areas with established visible. two schools under one roof, where Bosniak These actions will be presented in the and Croat children are separated accord- form of pressure through the media that ing to their ethnic affiliation, even though will bring individuals or organisations (e.g. they live and grow up in the same munici- Open Society Foundations) into disrepute; palities. or through cultural politics that will refuse In other words, the three nationalisms financing critics and alternative views (e.g. in a divided country are not each other’s Hasanbegović’s policies in Croatia); or genuine enemies. What seems as a mutual even through judicial or economic meas- fight in the public space is primarily a ures (e.g. Feral Tribune). smokescreen used to divert the public’s The result of such pressures is the attention from the country’s real problems. reduction of space for criticising the exist- ing social patterns. Public opinion control is achieved through marginalizing the crit- Pressures within the ics, exhausting them financially or, if this is Boundaries impossible or insufficient, by disqualifying them as traitors, foreign mercenaries or as The real, far less visible struggle is taking being insufficiently patriotic. place between the nationalisms and the One of the reasons why the government so-called civic option, which is ethnically needs to defend its positions in this way, unaffiliated or international (pro-Euro- is that it has not set the rules of the game pean, maybe?), and whose standards are in the media space at any level. The truth different. This option, which is margin- belongs to the louder and the stronger, alized within the parliaments, partially and not to the ones equipped with facts, because social democracy has taken a right knowledge and evidence. For this reason, turn in its activities aimed at collecting the potential of social networks cannot ameliorate the consequences of the above 51 Concept taken from: (Althusser, Louis) Altiser, Luj, Ideologija i državni ideološki aparati, (Loznica, described reduction of space for criticising 2009), Translator: Andrija Filipović the existing practices. Twenty years of the Bosnian Blues: Culture, Pressure, Suffocation 59 international community’s investing in the different syllabuses, dominated by one- society of Bosnia and Herzegovina have sided narratives, represent and interpret not paid off significantly. There are plenty reality by favouring their own group in an of reasons for this, but I find that the key uncritical manner and by presenting the one is losing sight of the role of education other two groups as enemies. Literature, in shaping public opinion. music, theatre, art, tradition, folklore and heritage are primarily ethnic and separate, and only infrequently general and com- Education for Stagnation mon. The outdated concept of student Through socialization processes, national- assessment, poorly designed external ism in schools imposes collective cultural graduation exam, and other forms of values to every child, using indoctrination irrelevant evaluation, the power-based as the dominant method. The choice of authority of teachers and boring syllabus music, favourite athletes, required read- unadjusted to the needs of the children, ings, actors and the values promoted in constitute forms of pressure that suffocate cultural activities, is related to the govern- the freedom of opinion and expression, ing ideology, and its basic values, which and limit the potential of civil society to significantly determines the identity of a reform itself by leaving behind the exist- young person. ing, obviously bad practices. In schools, the concept of culture as A good text by a journalist in a maga- civilization has been reduced to the ethnic zine or a good show cannot achieve much component. Three parallel education sys- without the good lessons of a teacher in a tems – Serb, Croat and Bosniak ones – with textbook on media literacy and culture. SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE CASE EXAMPLES CASE 60

Instead of an Introduction Academics In democratic societies, civil society has under Threat always had the role of a partner, even a watchdog, as an institution in charge both – A Personal of civic oversight and pressure on govern- mental institutions, with the aim of mak- Experience ing them work for the citizens and their interests instead for political elites, or the often alienated power centers and their 53 Professor Slavo Kukić PhD, interests and goals. 52 When it comes to Bosnia and Herzego- ANUBIH and Faculty of vina (BiH) and its civil society, it is obvious Economics of the University that, it the past two or three decades, this of Mostar area has undergone significant changes. Namely, in pre-war BiH, civil society was mostly reduced to public organizations in the area of sports and culture. However, after the war, it is possible to speak about a sort of civil sector explosion. For exam- ple, available data indicate there are 12,000 non-government organizations (NGOs) in BiH.54 It is true, however, that their operation should be approached in a critical man- ner. Namely, it is believed today that only a small part of the NGO sector – between 500 and 150055 – is active in the sense of their primary mission. Why is this so? And why is it necessary to approach them in a criti- cal manner? There are many reasons for this. Pri- marily, most of the NGO sector was not formed with the aim of becoming a part of what the existence of civil society should be about. On the contrary, they were formed in order to serve as an agent for providing the sustenance of several per- sons – often only one – and their family

53 Civic society is often used as a synonym for civil society. Here it is important to mention that the term civil society does not only include non-governmental organisations – this type of understanding is quite frequent – but also many other organisations – trade unions, social movements, self-aid groups, charities, 52 Corresponding member of The Academy of etc. Sciences and Arts of Bosnia and Herzegovina 54 Information available of the EU delegation in BiH (ANUBIH) website, 55 Ibid Academics under Threat – A Personal Experience 61 members. Thus, the moment the funding ics.56 Here they use a wide range of attacks sources dry up, it is disputable whether against such persons – public discredit- those NGOs would still operate. On the ing, presenting them as "national traitors" other hand, this fact makes NGOs – at and foreign mercenaries, threatening their least those that can be related with the right to work, and exposing them to physi- abovementioned thesis – prone to external cal attacks and intimidation. influences, including influences of foreign My personal experience in the past fif- political and state power centers. Besides teen years confirms the abovementioned this, the abovementioned centers often observations. This is the first time that I establish their own NGOs in order to cre- publicly speak about it – not for myself, ate an illusion about the actual situation but in order to warn the world about the and present it in a completely different, situation and society in Bosnia and Herze- positive light. govina. Being labeled a "national traitor" is a platitude that has been used for more than Exposure of civil society to twenty years. Thus, my "hostile" activi- the pressures of political ties seem to have caused all the mishaps power centers – a personal that the Croats have been going through testimony – from their persecution during and after the war, to present-day decisions to leave their homeland together with their fami- Civil society is a target in almost all lies and set off to some other world merid- countries of the formal joint Yugoslav ians, without any intentions of returning state. For example, the forum of the Croa- to their homeland ever again. My "hostile" tian Centre for Democracy and Law Miko activities are also evidenced in labeling Tripalo, has recently published utterly some privatization activities as plunder- concerning information about the govern- ing. They have asserted such instances ment’s pressure on civil society institutions were not plundering, but rather actions in Croatia that, as they claim, uncannily aimed at "keeping" the most profitable resemble pressures that occurred in the companies in the hands of "Croats" – that nineties of the past century, which were privatization is what prevented these com- used to neutralize civil society as a partner panies from moving to the hands of others, in power. primarily Bosniaks and Serbs. A similar situation is present elsewhere However, should denunciation yield too, however, according to certain param- no results, they will not abstain from more eters, this type of pressure is significantly radical forms of "cultivation", as I experi- more aggressive in Bosnia and Herzego- enced prior to the 2014 elections – "a cul- vina, especially when it comes to non- tivation specialist" was sent to my office, governmental organizations that monitor instructed to break my ribs – because I government operations, the situation in had not understood their previous mes- the area of human rights and freedoms, and crime and corruption, particularly 56 They should not be ignored as a part of civil society. crime and corruption within the system. Just on the contrary, "Civil society is not only made of organisations and institutions but also individuals However, political power centers do with their initiatives, activities and opinions – those not target civil society institutions only. who have developed civic-mindedness (see: Tijana Dimitrović, Izazovi civilnoga društva u BiH, Fon- They often pressure individuals, persons dacija za socijalno uključivanje u BiH, p. 8, EXAMPLES CASE 62 Academics under Threat – A Personal Experience

sages. This was supposed to send me and this had to be done due to political pres- the rest of the world a clear message that, if sures. I was also called off from the posi- this was how a member of the Academy of tion of mentor of two PhD theses that were Sciences and Arts of Bosnia and Herzego- in their final stages. vina (ANUBIH) could end up, others who After the physical attack in 2014, the stick to their opinions should not expect same approach was applied at the Faculty anything less, especially if they decide to of Medicine – with the Medical Sociology publicly express their thoughts. course – and then at the Faculty of Medi- The physical attack I was exposed to cal Studies in 2015 – with the course Com- in 2014 was condemned by all significant munication Skills - with the explanation instances in BiH – embassies and inter- that I had been teaching both subjects national organizations, local institutions, for ten years. It is interesting that, on both associations and prominent intellectuals. occasions, the same elimination method However, it is interesting that, in his inter- was used – no one informed me about the view to Oslobođenje, the then chief of the change or thanked me – not even insin- cantonal Ministry of Foreign Affairs of the cerely – for the extensive cooperation, nor Hercegovina-Neretva Canton had tried did they tell me why this had been done, to defend this and some understanding even if this meant expressing the greatest toward it could be found in the statements possible platitudes, etc. I was simply out of of the leader of the Croatian Democratic the agenda and others – my teaching assis- Union of Bosnia and Herzegovina (HDZ tants and the like – took my position. BiH). It is also interesting that the Univer- However, this kind of elimination was sity of Mostar stood quiet about the attack not possible at the Faculty of Economics against its professor and that the faculty because I had a work contract signed with where I am employed – and whose man- this institution. At the same time, a sud- agement I used to be a part of for fifteen den termination of employment would years – failed to utter a single word to the have caused a fierce reaction of the public, public on how the life of one of their pro- both in Bosnia and Herzegovina and inter- fessors was jeopardized. nationally, because this would mean the However, this fact was a signal that elimination of the only ANUBiH member physical "disciplining" would not be the in the history of this institution, but also end and that they would turn to other one of the three members that the Univer- mechanisms for the same aim, which had sity of Mostar can boast with. This would been used before. Namely, the focus of the have sent a direct message that the rea- pressure moved to the sphere of work – I son could not lie in my competency, but a was shifted to teach at units of the Univer- whole different sphere related to the politi- sity of Mostar in which one could not get cal disloyalty to the Leader and the Party. permanent employment, but only con- Thus, another approach was applied tract work. However, this type of pressure – elimination from the teaching process lasted until 2010. After the 2010 elections, with different explanations. First, my pro- I was "thanked" almost overnight by the motion to the position of a professor for Faculty of Philosophy where I was teach- the Consumer Behavior course was pre- ing five courses and mentoring two PhD vented, even though I met all the require- theses. Due to me criticizing the political ments, with the explanation that I lacked philosophy and practice of the HDZ, espe- a degree in economics, and that the said cially its leader, my contract was cancelled course was a fundamental economic dis- mid-semester, with the explanation that cipline. However, I was promoted to the Academics under Threat – A Personal Experience 63 position of Associate Professor for this I had requested help from the Rector of course back in 1996. It is true that pro- the University of Mostar and then from the motion to the position of Full Professor Senate of this University association. How- was not significant for me before, as I had ever, neither of the institutions has sent already been appointed to this position in any response since 2010. Utter silence. the year 2000 for another course. Utter silence, despite of what I reminded However, I requested to be promoted the University Senate in a letter sent in because, from the very beginning, I had March this year that, for the past quarter known what I might undergo. Of course, I of a century,"I have been writing from the met all requirements for the promotion – position of a critical intellectual about the I was, among other things, the co-author deviations in all the spheres of BiH soci- of the only two textbooks in BiH titled ety". I pointed out that I had never "been Consumer Behavior. All the persuasive ready to write about deviations at the Uni- arguments I used could not help – that versity, even though they were numerous", Consumer Behavior is a discipline that which is why I expected the highest uni- contains specialist knowledge of psy- versity body to use its authority in order to chology, social psychology and sociology "protect me from mobbing and from being applied in economics, that the authors harassed as a professional and a person of 70% textbooks dealing with consumer to which I was exposed in our university behavior, including the ones at the most home". prestigious universities, are not econo- Utter silence, a silence which shall mists, but rather psychologists, social psy- remain going forward. Today, one can hear chologists, sociologists, etc. What they had stories among professors and teaching set out to achieve was not prompted by assistants at the Faculty of Economics and their concern over the Consumer Behav- the University in Mostar in general, about ior course, but was meant to harass a pro- what lies in store for professor Kukić next fessor for reasons beyond the academic year. Since in July I will have been teach- sphere – his disloyalty, for which he had to ing for forty years, I will be retired at the pay the price. age of 63, the youngest retired professor The final operation was conducted in in the history of the University of Mostar 2016. Namely, it meant eliminating the – the same University that employs my col- courses Economic Psychology and Meth- leagues that are 80 years old, or even more. odology of Scientific Research from the The twenty-eight books that I have pub- syllabus. The matrix used with Consumer lished cannot help me – more books than Behavior could not be applied in this case. the entire Senate of this University Asso- This is why they turned to an alleged syl- ciation has – or the 150 scientific works labus revision, its "modernization", the published in a number of world languages. only result of which was the elimination The fact that I am the only academician in of courses taught by a professor disloyal the history of the Faculty of Economics will to the Party and the Leader. The compara- not help either. tive analysis of the syllabi of the Faculty I will have to leave because my retire- of Economics of the University of Mostar ment is the revenge of the structures I have and all others in the country that include – been critically questioning for years. with a significant number of classes – both courses, in some cases taught by the very same professor that was being eliminated SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE from his own house, made no difference. EXAMPLES CASE 64

Media and Democratic Media and Mediation Public Space in Media have always been an important part of every democratic society. When discuss- Democracy ing the role of media in contemporary soci- ety, the starting point is that the media are institutions which help every individual, Prof. Lejla Turčilo, Ph.D., every member of the society to orientate between his/her private and public life. Faculty of Political Science, In private life every one of us depends on University of Sarajevo media-produced information about the world outside of our private sphere (local news on current events, for example) and, as participants in the public sphere and pub- lic life, we try to approach media in order to spread our message. That is why we say that the role of media in society is mediation between the private and public sphere. There are several roles that media play in this mediation between the private and public sphere, which makes them so important and influential. The first role, or the first function of the media, is to inform and, based on that main function, two other media roles become important for every individual and society in general: education and political debate57. When it comes to political debate, media play a triple role. The three tasks media play in a democratic political environment are: • To provide space for public debate; to open space for all relevant actors who have a will and competence to partici- pate in discussions on some specific, important issues in the community (this is why media are usually called the "virtual agora"58) • To provide information for public de- bate; to make sure that those who participate in political debate and es- pecially in decision-making have a sufficient amount of good quality in-

57 More on media functions in Šiber I., Politički mar- keting (Zagreb: Ljevak, 2003) 58 More on this in Nuhanović.A, Demokratija, mediji, javnost, (Sarajevo: Promocult, 2005) Media and Public Space in Democracy 65

formation in order to make proper de- life. In that triangle, the "natural alliance" cisions (this is why we usually say that, is between media and public, which should during elections, for example, media work together to hold political institutions, need to provide citizens with programs as well as political elites, accountable and and content which will help them responsible. This is why we say that media make so-called "informed choices"). belong to the field of civil society, although • To legitimize actors of public debate; they are strong political institutions as well. to make sure that the public under- But, their main activities, aimed at provid- stands what kind of role in political life ing the public with information and influ- and what kind of political standpoints ence (which is the ideal case and should be certain actors have in public debate demanded from media, especially public (this is why we say that media make broadcasters), make them important play- people understand who is who on the ers on the public scene, in public space. The political scene). key word in this context is public interest. However, one of the most important political roles of media is their watch- dog role, that is, to make political actors "The public interest can be visual- accountable for their acts and decisions. ized as a continuum that represents This is why media is seen as "the fourth the values, aspirations, and objec- estate". tives of the community or polity. There are values that are clearly central, such as health; and there "Yet at its core, at the news-center are objectives that are controver- of the media business, remnants sial, such as fluoridation of water of an ideal remain. This ideal or discouragement of cigarette is grounded in the notion that smoking. There are aspirations among the checks and balances that are nearly universal, such as that ensure that powerful are held world peace; but there are numer- accountable, the media has an ous policy objectives to this end, essential and highly political role which are subjects for debate. It is to play. The process of finding, dis- impossible to state with precision tilling and analyzing information, where any given item belongs on that is the media commodity, also the continuum, yet there is general ensures its political role, the core acceptance that a range of activi- of its self-definition as the Fourth ties and goals exists above irration- Estate" (Schultz, 1998:2). al or selfish individual interests."59

The main role of media in public Politics – Media – Public: space is, in short, to inform citizens on Triangle of Power in the decision-making of political actors, Democracy to hold decision-makers accountable (in a way that they compare to what extent their decision-making is in line with pub- In every democratic society the trian- 59 ‘Public Interest’, International Encyclopedia of the gle politics-media-public constitutes the Social Sciences, 1968, WESTERN BALKANS THE IN SHRINKING SPACE OF MEDIA THE ROLE AND SHRINKING SPACE 66 Media and Public Space in Democracy

lic interest) and to make sure that the (when the first data was available) when it public has a channel, a tool for feedback was only 4%. Smartphones are becoming and expression of their political views and one of the most important tools for inter- ideas. That is why we say that in this trian- net access. Mobile phones are used by 91,12 gle: politics-media-public media play such % of the population, a significant increase an important role. from 48.7% in 2006. These are extremely huge numbers in comparison to the pop- ulation size, but most analysis show that Shrinking Media Space in media space is limited and only partly open Bosnia-Herzegovina to public participation and debate. Media freedom is limited, pressures on media The number of media in B&H at first sight quite high, which influences the public in a would seem like good enough for demo- way that it limits opportunities for gaining cratic media environment and open public a sufficient amount of good quality infor- space for public discussion. According to mation for informed participation in pub- the Communications Regulatory Agency60 lic and political life and limits opportunities and Press Council61 there are 189 broadcast for participating in public debate. media (145 radio stations and 44 TV sta- In terms of media freedoms in B&H, tions), 9 daily newspapers, 116 magazines according to the 2016 World Press Free- (weekly, monthly, periodic) and 8 news dom Index, B&H was ranked 66 out of 180 agencies, as well as many online media countries, which is a decline of two points (web portals – the exact number is not avail- since the previous year.62 Freedom House able, since online media are not registered similarly views the media situation in Bos- anywhere). Internet penetration amounts nia and Herzegovina as "partly free".63 to 72,41% of the population. The number of users has increased rapidly since 2002 Chart: WPF Ranking for B&H64

62 Reporters Without Boders, 2016 World Press Free- dom Index 2016, 63 Freedom House, "FREEDOM OF THE PRESS 2015" (2015) [accessed 60 See Communications Regulatory Agency website: June 17 2016] http://www.rak.ba 64 Konrad Adenauer Stiftung, Media freedom in Bosnia 61 More information on the Press Council can be found and Herzegovina (2015), [accessed 18 June 2016] Media and Public Space in Democracy 67

When it comes to indicators of media economic influences on media are very freedom and sustainability (which can strong and media owners are very often in also be seen as indicators of openness of close relations with political and economic media and public space), there is a con- elites. This is, of course, difficult to prove, stant decrease in the level of free speech, since it is difficult to find exact informa- professional journalism, plurality of news tion on media owners (i.e. the real names sources, but also a decrease of quality of of the owners of certain media). However, the media environment, including weaken- it is known that many media owners own ing of supporting institutions (regula tors, other profitable businesses (such as Mujo self-regulators, journalist associations and Selimović, the owner of the newspaper unions etc.), as well as a weakening of the Oslobođenje, for example), or they hold media market, which means that, in the elected office after formally transferring present difficult economic situation, media ownership to family members (such as the are becoming more dependent on political owner of Dnevni Avaz, Fahrudin Radončić, and other sources of financing (interna- for example). Some other media are funded tional donors, rich individuals etc.). through politically-controlled money by certain political parties or interest lob- Table: IREX Media Sustainability Index bies (such as newspapers Glas Srpske and – B&H65 Nezavisne novine in Banja Luka, owned by

Year Indicator 2010 2011 2012 2013 2014 2015 2016 Free Speech 2.96 2.54 2.45 2.38 2.36 2.56 2.46 Professional Journalism 2.12 1.87 1.68 1.60 1.83 1.77 1.67 Plurality of news sources 2.77 2.59 2.16 2.20 2.26 2.23 2.20 Business Management 2.43 1.84 1.61 1.60 1.64 1.58 1.39 Supporting institutions 2.71 2.27 1.95 2.35 2.12 2.02 2.15 Overall score 2.60 2.22 1.97 2.03 2.04 2.03 1.97

Most research on Bosnian media66 Željko Kopanja or NAŠA TV from Mostar, shows that most media are controlled by which is owned by 55 private business- politically or economically powerful indi- men, in close connection with the politi- viduals or groups, which directly influence cal party HDZ). In all these cases media are their reporting. This trend is seen most used as tools for promoting business and/ clearly during election campaigns, when or political goals. Advertising money is also "most outlets are divided along political, distributed according to the political affili- ethnic and territorial lines and remain ation of certain media, since public com- under the strong influence of their own- panies (such as Telecom operators etc.) are ers and political patrons".67 Political and the biggest advertisers. Some sources say that even the distribution of print media is 65 IREX Media Sustainabilty Index influenced by political affiliation of media 66 Some of them listed in the book Turčilo L. (2011). (so that certain public offices, ministries Zaradi pa vladaj: politika-mediji-biznis u globalnom društvu i u BiH. Sarajevo: Vlastita naklada etc. are subscribed to a certain number of 67 Media Plan, Assesment of Political Diversity in copies of daily newspapers if the owners Media Reporting on General Elections 2014 in B&H, are in close relations to ruling parties).

[accessed June 17 2016] WESTERN BALKANS THE IN SHRINKING SPACE OF MEDIA THE ROLE AND SHRINKING SPACE 68 Media and Public Space in Democracy

All these circumstances diminish the space for journalists occurs within their watchdog function of B&H media and own media. make citizens believe that media repre- It is, therefore, obvious that pressures sent less their and public interest, but on media can be direct and indirect. Direct rather interest of elites. Lack of public pressures, apart from censorship, include trust in media makes media in Bosnia- threats to media and/or journalists, as Herzegovina less a platform for citizens to well as economic pressures (withdrawal of widely participate in democracy and more advertisements, for example, from media a tool for political manipulation. This puts which report critically). Indirect pres- democracy in B&H at risk. sures include manipulation (for example giving exclusive information to media which report in favor of certain political Shrinking of Public/Media actors, or not inviting investigative jour- Space and What We Can Do nalists and reporters who write critically About It to press conferences and other events), bribing journalists (giving them presents and expecting them not to write critically As soon as the influence of media and or write only positive stories in return) etc. its power have been recognized, elites have The general aim of such pressures and started looking for ways in which they can manipulation is to "buy silence", that is, to influence the media and make them serve make sure that media do not report based politics rather than the public. All forms on public interest, but in the interest of of influence on media, direct or indirect, political (and other) elites. The conse- can be seen as shrinking of public space quence of such non-democratic behavior and media space for public debate and of political elites is shrinking space for the watchdog function of media. That is media to fulfill their role and shrinking why it is important to recognize and resist space for the public to participate in dem- these influences. They usually come from ocratic processes and public life. Public political elites, but also from economical debate is impossible without free media elites, since nowadays political and eco- and free public and, without public debate nomic spheres are closely related. The and fair decision-making processes, there most extreme form is, of course, censor- is no democracy in general. ship, which prevents media from being Shrinking media space, thus, is a direct an accountable source of information danger for the democratic potentials of for citizens and prevents journalists from every society. It has to be prevented by doing their job professionally. Censorship every means, which include, first of all, is immanent to non-democratic and less enhancing relations between media and democratic countries, but it can mani- public in order for media to have stronger fest itself in developed countries as well, support against political and economic mainly in the form of self-censorship of pressures they are exposed to. Secondly, journalists. Self-censorship occurs when building democratic potentials of every media are exposed to pressures or when society (such as introducing laws that political and economic elites are in close support media freedom, preventing pres- relations with media owners and, through sures on media and publically speaking their influence, they make sure that media about those that occur, etc.) is an impor- will not report critically or do investigative tant aspect of protection of media freedom stories on them. This is when shrinking and media watchdog role in political life. Media and Public Space in Democracy 69

Development of political culture (which includes political literacy and media liter- acy of the public, in order to make it more aware of the role that media (needs to) play in democracy, but also making politi- cal elites aware that their misuse of media and misbehavior towards journalists is unacceptable) is the only way we can pro- tect media and, consequently, make sure that as citizens we have a tool and a space to participate in democracy. That is always a long-term process, but it is also the only way. Otherwise, if the most powerful actor in the triangle politics-media-public is politics, then democracy is – none. SHRINKING SPACE IN THE WESTERN BALKANS THE IN SHRINKING SPACE OF MEDIA THE ROLE AND SHRINKING SPACE 70

The life of an ordinary Bosnian and Her- Investigative zegovinian has been marked by transi- tion for over 20 years: everything we knew Reporting in the existed is today no longer acceptable. A violent end of the century in the Balkans Era of Shrinking introduced new values: the transition from socialism to capitalism and the introduc- Spaces tion of democracy; in a society recovering from a violent and blood-shedding war, this change was not easy nor smooth. Leila Bičakčić, The international assistance that came at the end of the war was unprepared for Center for Investigative the traditional and moderate society here, Reporting, Sarajevo which was unaccustomed to democratic principles and civic responsibilities. In such an environment, media have prob- ably suffered the most. The old and clumsy socialist conglomerate of media was not in line with contemporary media struc- tures foreseen for the European context of BiH. During the late ‘90s and early 2000s, a significant amount of money was spent on the "democratization" of independent media and capacity building for outlets that were promoting democratic values as well as a better future for Bosnia and Her- zegovina. When the overall reform process in the country was recognized as prosper- ous, media outlets suffered yet another set- back: international assistance was abruptly cut and the generous financial support was withdrawn. Readjustment to these new conditions characterized by a lack of finan- cial resources and flood of political influ- ence, involved businesses and advertising. This is heavily reflected in the public dis- course of BH media within the last decade. The global economic crisis had a dev- astating effect on media globally – the lack of advertising money caused signifi- cant re-shifting within newsrooms: who was important and what could media live without was the most important ques- tion. Investigative reporting departments were first to suffer – expensive to support with no guarantee of success, investiga- tive reporting was considered the easiest Investigative Reporting in the Era of Shrinking Spaces 71 to discard. That was around the time when how the internet could be used in negative the first non-profit investigative centres context. This is merely one of many exam- appeared in the US – a trend that became ples of pressures on independent media in very popular worldwide after 2010. Tradi- BiH.68 The OSCE has strongly condemned tional newsrooms have not fully recovered "any humiliation and threat to the jour- yet, and the question remains whether nalistic profession and journalists who do they will ever recover – the internet is tak- their job with a high degree of respect for ing over the role of traditional media and the principle of objective reporting".69 filling the void caused by the crisis. Inter- When we look at the BiH media envi- net reporting is free and fast – information ronment, manifestations of global prob- is available instantly worldwide. New gen- lems are very present here: decreasing erations expect to know everything about advertising money, now shared within a anything in the world, with no consid- larger media community; "infotainment" eration of the time, language or any other as a new trend dominant in public dis- obstacle – thanks to internet, everything is course; political influence, disguised in one click away. media owners, controlling editors. Space for journalists to work freely is shrinking... Globally, the media are under attack Attacks Against Journalists and the space for, what we know as free press, is closing – governments are aware While the Internet is increasing opportuni- of the power invested in the free press ties in communication with readers, it is a and they are afraid of the consequences double-edged sword for good journalism. of such an "uncontrolled" force. On the On one hand, it creates a space for direct other hand, we are faced with a global communication and sharing stories with trend of terrorism, that is threatening the a wider audience by avoiding the middle free world, whose governments are right- man in distribution. Internet publish- fully trying to minimize the damage and to ing is the future of publishing, as it allows (over)protect their territories. In BiH, gov- for direct communication with readers: ernments are not so concerned about well- what has been done well? What could be being of the citizens as much as they are improved in a story? Is the journalist miss- concerned about their own. In a country ing an issue? It also provides a unique struggling with a lost identity, lack of per- opportunity for independent and objec- spective, and poor economy, free media tive investigative reporting in a challeng- are just a myth! Unlike the explicit political ing environment, where media are under pressure and censorship of the past, the the influence of corporate and political current political and economic pressures elites. On the other hand, the internet is are much more subtle and covert, which open to everyone’s opinion, where stand- does not necessarily diminish their effi- ards of good reporting, ethical norms and ciency, but makes their identification and principles of balanced truth, are worth the fight against them much harder. In a nothing. A recent case of intimidation and deeply divided society, media is divided as profanation of a (female) journalist of the well. They stay stacked in between politi- Center for Investigative Reporting who exposed a corrupt scheme in the health 68 As of September 15, The Free Media Helpline had sector in the Sarajevo Canton, and who registered 41 cases of media freedoms and journal- ists‘ rights violations was called a prostitute by the subject of 69 OSCE Mission Condemns Humiliation and Threats to her investigation, is a perfect example of Journalists, Bosnia Daily, August 4, 2016, p.4 WESTERN BALKANS THE IN SHRINKING SPACE OF MEDIA THE ROLE AND SHRINKING SPACE 72 Investigative Reporting in the Era of Shrinking Spaces

cal/ethnic messaging, and owners’ private Another form of media control is interests, almost completely incapable to media ownership. Who are owners of act professionally. Media can be furious major media outlets in BiH? It is no secret and destructive, as well as sophisticated that big businesspeople are investing and helpful. Our outlets (surely, not all of money in the media – it is just another way them) choose a third option: "whatever to invest your cash. But, the problem is you do, don’t make the decision maker(s) when media is being used as an extended angry". Divided media (media lacking pro- arm of a business, used as a supporting fessional standards) is useless to society, device for a business, particularly when a but very useful to corrupt individuals. business collaborates closely with politics, As a country coming out of a socialism as it is the case in BiH. Then, journalists regime, BiH still has a long way to go in are being used for PR services, rather than terms of transparency. The fact that infor- journalism – truth doesn’t matter, read- mation is still not valued as a public good, ers are "served" with a tainted truth that but is being guarded by public officials, is a serves a purpose, a business purpose. The direct indication of the controlled and hos- controlling device is, again, money – pro- tile environment for independent media. fessional standards are disregarded for the The legal framework for guaranteeing free purpose of surviving on a job. While this is access to information is in place since a recognized global trend, the situation in 2001, but the situation has not improved: this country has aggravated to the point access to information is denied based on that media outlets are not trusted sources protection of personal data, protection of information anymore. Citizens, aware of national security and, most often, by that political rhetoric dominates in BH protection of rights of private companies media, are distrustful of those few honest doing business with the government. In media outlets trying to remain ethical. As a such an environment, it is hard to do hon- result, young journalists are raised believ- est journalism without compromising ing that respecting journalistic standards "power centres" protected by the system. is a waste of time – they are choosing the The BH media landscape is character- fast lane of politically approved and affili- ized by a large number of outlets70, but a ated journalism. lack of pluralism - the average consumer Both of these two forms of control boil is forced to look at at least 10 different down to censorship – when journalists sources of news at any given point, in order are pressured to report on issues that are to get basic information. Media outlets are imposed by a higher authority (being poli- politically affiliated to the point where tics, owners, or editors), they are not free. they are not even hiding this devastating Their freedoms are limited and the space fact: the media is being used to promote for independent work is shrinking, which political goals, aims and agendas, with- consequently leads to the destruction of out even offering a basic analysis of why free speech and freedom of expression, citizens would even care. There is a simple as absolute freedoms guaranteed by the reason for this – money is being controlled Constitution. However, the most devastat- by politics, particularly advertising money, ing effect of shrinking space is manifested and obedience equals survival. Pluralism through self – censorship. Journalists, aware in BiH is being used against the free press. of strings attached and potential conflicts that their reporting might lead them to, 70 5 daily newspapers; 184 magazines; 148 radio stations; 47 TV stations; 6 news agencies; 80 web are choosing not to report on certain top- portals ics. Or, they choose to only report on topics Investigative Reporting in the Era of Shrinking Spaces 73 and issues that will not offend anyone. In resentatives? - while in non-profit sector: such circumstances, investigative journal- journalists or civil society representatives? ism is facing its greatest problem: lack of While in profit sector: journalists or adver- good investigative journalists - people who tisers/PRs? Very often, investigative centres have passion, interest, and strong will to are disregarded by fellow journalists – if talk about the forbidden. It is as simple as they are not part of the mainstream, they that: journalists are used to work under Big do not exist; if they are not sharing same Brother expecting His approval for every (financial) problems, they are not part of single word. Such non-existing professional a "gang". On the other hand, by being an self-awareness represents a huge weakness NGO, investigative reporting is heavily of democracies in transition. Journalists dependent on publishing through other will therefore stay out of problematic areas, (mainstream) media outlets, which puts such as corruption, abuse of public funds them in a position to condition stories – and/or abuse of office. A friend of mine topics of interest are selected by editors of once said that "you are not reporting, if "competitive" outlets, those same outlets you not making someone uncomfortable" that are politically affiliated. This double - journalism should be all about crossing jeopardy is an effective way to limit areas of boundaries, testing the unknown, provok- focus for investigative reporting – no matter ing the public to action. However, this can how good the story is, if it is not published only be achieved if journalists are free to do and reaches no public, the impact is mini- their job, if they have access to documents mal. Further, investigative reporting is an and information of public interest, and if expensive business that guarantees no suc- they are not controlled by their superiors. cess and/or outcome, making it unreliable The problem with good investigative for support, and often risky. This is a limit- reporters is partially caused by a lack of ing factor for support providers, unable to professional training and/or journalism adjust their expectations to the reality of schools with investigative reporting cur- investigative reporting. On the other hand, ricula. This is a common problem in the such uncertainty is comforting for those in whole region, where traditional journal- focus of investigative reporters – by limit- ism schools have yet to adopt contempo- ing opportunities, fewer damaging effects rary journalistic forms and apply modern are to be foreseen. reporting techniques practiced in Western In a reality of decreasing opportunities countries. In the absence of formal educa- for free and unbiased journalism, investi- tion, reporters are offered a range of train- gative reporting is surviving. Compared to ings, providing an insight into the practical 2004, when BiH’s Centre for Investigative experience of distinguished investigative Reporting was opened as one of 10 other reporters in the region and wider. However, similar centres in the world, now there are while opportunities are being presented, it more than 100 known, functional inde- is up to a journalist to decide which way to pendent centres. The fast increase in num- go – continuing education, as in any other ber of centres is a guarantee that, despite profession, is a must! efforts to silence good journalism, demand Investigative reporting is in a particu- for in-depth reporting is alive and striving. larly weak spot: the new trend of moving While traditional approaches to journalism investigative reporting into a non-profit might be dying, new channels of commu- sector has left journalists with an "identity nication are being created, which in turn crisis". This limits their performance field provide new opportunities for those willing

– are they journalists or civil society rep- to take the risk. WESTERN BALKANS THE IN SHRINKING SPACE OF MEDIA THE ROLE AND SHRINKING SPACE 74

The Serbian public is increasingly deprived Media in Serbia of access to trustworthy information. It has, instead, been served with campaigns, scan- – The Fight dals and media combats. Most commercial media are under obvious political and eco- Continues nomic pressures, while only a handful of independent media have the capacity to produce powerful, objective stories that Jelena Vasić, relate to matters of public interest. In December 2015 the Serbian Anti- KRIK, Belgrade. Corruption Council published its report on the situation of the Serbian media. The Council has identified and singled out five systemic problems that had been paralyz- ing the public information system in the Republic of Serbia, namely: lack of trans- parency of media ownership; economic impact through the state budget and other indirect forms of financing with public money; problems of privatization of the media and the uncertain status of public services; censorship and self-censorship and last, but not least – the obvious tab- loidization. The Council warned that there was an open state control over media. One example they used to prove it was the fact that state- owned companies had entrusted the largest number of their advertisements to private companies and media close to political par- ties. Also, the privatization process is very problematic, because a large number of local media have been purchased by indi- viduals, which are considered to be associ- ated with the ruling parties. With every passing day, the media are getting under even stronger pressure from political leaders. Since 2014, a couple of very important, popular and critically oriented media production shows have stopped their broadcasting. The pressure is also becoming much more sophisticated - this has been labelled "pressure without fingerprints". In fact, one cannot say that any media is banned, but media produc- tions on TV, radio and in newspapers criti- cal of the authorities are disappearing. Media in Serbia – The Fight Continues 75

As a result, Serbian citizens are losing KRIK is "cooperating with criminals" and trust and interest in traditional media. In planning to publish "a fabricated scandal» an atmosphere of complete media tab- against the Prime Minister of Serbia. loidization in Serbia, readers can only rely Besides the fact that KRIK›s editor was on investigative journalism, which in its followed and photographed on the street, original form exists only on internet portals we were most concerned about the details such as KRIK, Insider, CINS or BIRN. presented in the article - «Informer», along But these independent media are with many lies and fabrications, was writ- struggling with a different kind of pres- ing about the specifics of our unpublished sure. Being myself a part of KRIK’s team I journalistic research on the assets of poli- could present the situation from our point ticians. This raised a serious question on of view. who is monitoring KRIK and how they KRIK - Crime and Corruption Report- knew the details of our unpublished stories. ing Network71 is a non-profit organiza- "Informer›s" owner and editor-in-chief did tion established to improve investigative not want to answer where he obtained the journalism in Serbia. The organization information, but it is quite clear that this was founded by a team of journalists who, type of recording and tracking cannot for years, have been engaged in exposing be done by one tabloid and indicates the crime and corruption at the highest levels involvement of state institutions. of power. KRIK is funded by donations from The smear campaign continued for private and institutional donors and com- days and our editor was marked as a mercial revenues. This method of funding «media terrorist», «spy» and even «sado- prevents any one source of money from masochist». influencing the media content of KRIK. During the writing of this article, media Nowadays, the origin of funds raised by attacks continued, again though the pro- civil society organisations and media are regime tabloid "Informer". This time, Ste- also the target of government institutions van Dojčinović was accused of being an and tabloids striving to present such civil "educator" of the Macedonian opposition society organisations and media as ‘foreign on fighting the regime72. agents’. KRIK has also had such an experi- KRIK’s case characterizes the threat ence. Almost since its founding, KRIK has independent press faces in Serbia. Relevant been the target of many attacks by the state institutions dealing with the media pro-government tabloid "Informer" and and human rights, failed to be responsive other media close to the government and and did not support KRIK in this situa- criminal circles. "Informer" has, on several tion. The Serbian Ministry of Culture even occasions, made false accusations about announced that it believed that the tabloid KRIK’s editor-in-chief Stevan Dojčinović, "Informer" did not break the law during its representing him as a partner to foreign smear campaign against KRIK73, although secret services. the Independent Association of Journalists The strongest media attack on KRIK started this year on March 18 when 72 Informer, DOJČINOVIĆ BI DA RUŠI VLAST I U «Informer» published a photo of Dojčinović MAKEDONIJI: Evo šta se krije iza takozvanog (we believe this photo was taken by police nezavisnog novinarstva!, (2016), 73 Pavle Petrović, Ministarstvo kulture: "Informer" nije prekršio zakon’ (2016), https://www.krik.rs/

71 More about Krik available at: https://www.krik.rs/en ministarstvo-kulture-informer-nije-prekrsio-zakon/0 WESTERN BALKANS THE IN SHRINKING SPACE OF MEDIA THE ROLE AND SHRINKING SPACE 76 Media in Serbia – The Fight Continues

of Serbia has pointed out that the law was Serbian public broadcasting service. This violated.74 year in mid-May the entire editorial staff of However, KRIK received strong support RTV was dismissed overnight – the board from well-known international organiza- of directors of RTV had replaced 14 editors tions: GIJN – the largest global network and staff who were responsible for the news of investigative journalists, Civil Rights program. This decision was communicated Defenders and the Heinrich Böll Founda- to them by telephone or passing by in the tion. It was also very important that a num- hallway. The new editors were recruited ber of non-governmental organisations and immediately without open competition. Journalistic Associations expressed and pro- Since then, citizens and journalists have vided their support to KRIK. We were thus protested because of this several times. It able to show that KRIK is supported by the is obvious that these dismissals were influ- society, by professional international and enced by politics. local communities.75 The described phenomena are occur- During our work we have also faced ring at the time when the government many different limitations and problems. insists on Serbia’s EU perspective and When our journalists were doing a story when, on the other hand, the climate is about the private business of Mayor of Bel- deteriorating for the operation of civil grade Siniša Mali, they were constantly try- society actors, and generally for those who ing to get his reaction and answers. So one think differently. In such a situation one day our team had approached Mayor Mali can only rely on solidarity and the spirit of at a construction site in Belgrade, but their the profession, because we must continue mobile phone and camera were confiscated to fight for the freedom of journalistic pens. by the plain-clothed officers guarding him. The officers, who refused to identify them- selves, deleted footage from the reporters’ iPhone and camera. Among the men who confiscated equipment belonging to KRIK reporters was the Chief of the Municipal Police Nikola Ristić.76 After this, Mayor Mali refused to comply with a request by Serbia’s Ombudsman to fire Ristić for obstructing journalists trying to investigate corruption. This is an example of how the disruption of journalists and jeopardizing their rights went unpunished in Serbia. Another case which now clearly draws public attention, is the case of Radio- Television Vojvodina (RTV), a part of the

74 KRIK, NUNS: Ministarstvo treba da podnese prijavu protiv ‘Informera’ (2016), https://www.krik.rs/ nuns-ministarstvo-treba-da-podnese-prijavu-protiv- informera/ 75 KRIK, Smear campaign against KRIK (2016), https://www.krik.rs/en/smear-campaign-against-krik/ 76 KRIK, ‘KRIK’s cameras seized as Belgrade mayor ducks questions ‘(2015), 77

While reading texts in the brochure Shrink- Ways to Open ing Spaces, one observation imposed itself spontaneously – that there are at least four Space mutual elements that permeate the con- text in which civil society organisations in Macedonia, Bosnia and Herzegovina, Ser- bia, Croatia and Albania work and operate Dragana Dardić, today. Those elements, which are reflected Helsinki Citizens’ Assembly, in or have direct influence on the exercise Banja Luka of the right to freedom of assembly, asso- ciation and expression, which constitutes the backbone of the work of civil society organisations, are the following:

> Unfree media

Media exposed to political pressures and pressures of financial centres of power. Media that openly side with one political option, ruling party, or leader. Media who have long stopped exercising their func- tion – reporting in the interest of the pub- lic. The media situation in all five countries is very similar. It is characterised by a frag- mentation of the media market, increase of violence against freedom of expression, tabloidization and decline in the quality of journalism, as well as changes that the so-called old or classical media are going through. On the other hand, the work of mod- ern civil society organisations can hardly be imagined without support of the media. Media are simply (or should be) the natu- ral allies of civil society activists in their fight for justice and truth. The space that opened after the development of new information and communication technologies and new information channels (websites, online portals, and social networks) is space that has to be captured by civil society organi- sations, as their almost only alternative in the current constellation of relations. New

information channels are the alternative WESTERN BALKANS THE IN SHRINKING SPACE OF MEDIA THE ROLE AND SHRINKING SPACE 78 Ways to Open Space

media of civil society that, in compari- unbelievably long period, with a ten- son to traditional media, provide numer- dency of continuing in the future. One of ous possibilities that are reflected in their the issues that civil society organizations global availability, interactivity, cheapness, (CSOs) should deal with is finding a way simplicity and the possibilities of connect- of putting an end to this continued "state" ing and mutual operation with other activ- harangue. How to strengthen the connec- ist groups on a local, national, regional and tions between CSOs and people in the global level. field, how to connect the activities and Failing to use and develop new opera- interests of different groups with the pur- tion strategies through the new media pose of mutual operation for the common means remaining "glued to the sidewalk", good? as Nicholas Negroponte explained it in a It is necessary to use the momentum picturesque manner saying: we have been facing recently, reflected in the growing support of the "common" people for initiatives and actions directly "Once you get run over by new related to the protection of natural technology, if you are not part of resources and public goods. the steam roller, you are a part of For example, 6,000 citizens of the the road."77 Republika Srpska signed the Petition for Saving Sutjeska in only a couple of days (2015). A group of citizens, journalists, cultural and public figures organised on > Strengthening of right- their own initiative and managed to con- wing ideologies and vince the City Council of Bihać to with- parties accompanied by draw their decision on the construction extreme nationalistic of a mini hydroelectric power plant on the Una River. Twenty-three associations from rhetoric and continuous the Republika Srpska and the Federation discrediting of civil society B&H have been fighting for seven years organisations as "state now against the construction of a mini hydroelectric power plant at the source enemies", "constitutional of the Sana River that might destroy the order destructors", "foreign natural biodiversity of this area. At the mercenaries", etc. same time, an ad hoc organised signing of a petition for saving a children’s play- Discrediting human rights organisa- ground in the Borik community in Banja tions in all countries that are in focus of Luka has resulted in withdrawing the deci- this brochure has been going on for an sion to build a church in this location. In Belgrade and Skopje, the citizens are pro- 77 Nicholas Negroponte is one of the founders of viding their support and participating in the Media Lab at the Massachusetts Institute of Technology. As a theoretician of new technologies, in activities whose aim is to save urban areas his book Being Digital, he presents a thesis that the from suspicious investors and unplanned state-nation will give way to small and big electronic construction (this relates to the "Belgrade communities; that the fight for atoms and firm and specific things has been completed and that what we Waterfront" and "Skopje 2014" projects). are facing today is the fight for bits. In his book that Citizens of Tirana have organised on their was published in 1996, Negroponte predicted many things in a visionary manner, and some of his ideas own initiative to save the Tirana Lake Park are still present. from being cemented. Ways to Open Space 79

Therefore, a critical mass and the will to lishment of a convenient environment do something indeed exist, but they should for its operations, including the right to be additionally articulated and directed freedom of opinion and expression, right towards decision makers, without hesitat- to assembly and association, freedom of ing to request that they take responsibil- movement, private life, etc. Conducive and ity for negligence, wastefulness, criminal safe environment for operation includes activities, corruption and lack of strategic efficient protection of dignity, physical and planning of urban development. Citizens psychological integrity, freedom and safety must have access to environmental and of civil society activists that are frequently political processes of decision making and exposed to different pressures and threats. development of common goods. This is a precondition for exercising the right to defend human rights. > Lack (nonexistence) of a regulated and transparent > (Non) use of international institutional framework for standards in the area of CSO operation protection of the right to public assembly, association In most of the countries there is no clear and free expression of and transparent institutional framework opinion. that regulates and provides conditions for undisturbed operation of civil society One of the segments that has been organizations and their financing by the neglected and poorly used is related to state. The only exception is Croatia which urging and insisting on the application of in 2006 established a National Foundation numerous international instruments that for Civil Society Development that man- regulate the right to freedom of assembly ages the process of allocating financial and expression. assets to non-government organisations. Domestic laws, regulations, measures However, in 2016, when right-wing parties and practices must also be in line with came to power, Croatia faced numerous international standards of human rights. significant cuts and reduction of assets for They have to be precise enough to provide the work of the National Foundation that legal security. lost more than half of its annual budget. The fact is that documents/instru- This resulted in the destabilization of ments are not lacking! the civil scene in Croatia and the loss of Articles 19 and 20 of the Universal numerous jobs in this sector. Declaration of Human Rights (1948) Even though the Agreement on Coop- regulate the right to freedom of opinion eration between the Council of Ministers and expression, as well as the right to free- and the non-governmental sector in Bos- dom of peaceful assembly and associa- nia and Herzegovina was signed in 2007, tion. The International Covenant on Civil in practice, it has not come to life yet. and Political Rights (entered into force in The uncontrolled and non-transparent 1976)78 and the International Covenant allocation of assets without clear criteria, favouring one type of non-governmental 78 ‘MEĐUNARODNI PAKT O GRAĐANSKIM I POLITIČKIM PRAVIMA’ WESTERN BALKANS THE IN SHRINKING SPACE OF MEDIA THE ROLE AND SHRINKING SPACE 80 Ways to Open Space

on Economic, Social and Cultural Rights Besides this, the Council of the Euro- (entered into force in January 1976)79 con- pean Union adopted in June 2015 a stitute a referral framework for the work of new Action Plan on Human Rights and civil society actors and organisations, and Democracy for the period 2015-2019, legally bind signatory states to respect the which emphasises the key contribution rights to freedom of assembly and associa- that civil society actors and human rights tion, freedom of opinion and expression, defenders make to peace and security, sta- as well as the right to participation in the bility and prosperity. The Action Plan also cultural life. stresses that the "EU will step up its efforts Besides this, it is important to mention to promote a safe and enabling environ- the following: Resolution A/RES/53/144 ment in which civil society and independ- adopted by the UN General Assembly ent media can flourish".82 on December 9, 1988, titled "Declara- One of the significant institutions for tion on the Right and Responsibility of the exercise of the right to freedom of Individuals, Groups and Organs of Soci- assembly and association and freedom of ety to Promote and Protect Universally expression in the European continent is Recognized Human Rights and Funda- the OSCE - Office for Democratic Institu- mental Freedoms"80; Resolution A/HRC/ tions and Human Rights (ODIHR). RES/24/21 that the UN Human Rights Civil society organizations in West Council uses to urge the states, among Balkan countries can and should use the other things, "to create and maintain, in OSCE Guidelines on Freedom of Peace- law and in practice, a safe and enabling ful Assembly83 which provide four princi- environment in which civil society can ples that the Council of Europe member operate free from hindrance and inse- states should take into consideration curity" and Resolution A/HRC/32/L.29 when adopting laws on public assembly. (adopted by the UN Human Rights Council The Guidelines urge the governments of in June 2016), titled "Civil Society Space".81 Council of Europe member states to look The key document at the level of the to the following principles when creating European Union is the European Conven- or amending the law on public assembly: tion of Human Rights that includes both non-discrimination (freedom of peaceful the right to the freedom of expression assembly is to be enjoyed equally by eve- (Article 10) and the right to the freedom of ryone), legality (any restrictions imposed assembly and association (Article 11). must have a formal legal basis and be in conformity with the European Convention 79 Međunarodni pakt o ekonomskim, socijalnim i on Human Rights and other international kulturnim pravima ality (without routinely imposing restric- 80 Deklaracija o pravu i odgovornosti pojedinaca grupa i društvenih organa da unapređuju i štite univer- tions that would fundamentally alter the zalno priznata ljudska prava i osnovne slobode character of an event and the purpose of prava kao trajni prioritet programa EU-a (2015), 81 United Nations General Assembly, Thirty-second of all human rights, civil, political, economic, social See also a text in this brochure by Mirela Grünther- and cultural rights, including the right to develop- Đečević, titled Shrinking Space for Civil Society ment (2016), http://www.un.org/ga/search/view_doc. Actors Needs Serious Attention, p. 7 asp?symbol=A/HRC/32/L.29 83 See: http://www.osce.org/odihr/73405 Ways to Open Space 81 a public assembly) and the principle of good administration (the public should be informed which body is responsible for making decisions about the regulation of freedom of assembly and, should any restrictions be placed on an assembly, this should be communicated promptly and in writing to the event organizer, with an explanation of the reason for each restric- tion). Any limitations to peaceful public assembly must be based on real and jus- tified reasons. Invoking the protection of national or state security may not be used as an excuse for imposing vague or arbitrary limitations to public assemblies, except if this indeed relates to a threat to territorial integrity or existence of a nation of one state. Besides these, the OSCE has issued Guidelines on the Protection of Human Rights Defenders84 that are grounded on key international instruments that relate to the protection of human rights defend- ers and that may also be used by activists of civil society organisations which are exposed to threats and attempts to reduce space for work and operation with the aim of provide adequate answers to the chal- lenges they are facing. Civil society organizations in Western Balkan countries must use the opportuni- ties and possibilities given to them within the process of joining the European Union and insist on/request the launch and implementation of legal and other reforms in accordance with the EU acquis commu- nautaire, thus avoiding, or learning from the "mistakes" of some neighbouring countries that have already joined the EU. The fact is that there are instruments and space for operation! They only have to be used wisely.

84 OSCE/ODIHR, ‘Smernice o zaštiti branitelja ljudskih prava’ (2015)

odihr/195336?download=true> WESTERN BALKANS THE IN SHRINKING SPACE OF MEDIA THE ROLE AND SHRINKING SPACE 82

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