AJF declaration on providing the procedure of journalists’ representatives election for Media High Council.
After four years of media law enforcement, Ministry of Information and Culture finally prepared and released the procedure of electing two representatives of journalists for High Media Council.
Afghanistan Journalists Federation (AJF) values this improvement while emphasising that the advocacy and civil pressures of AJF convinced Ministry of Information and Culture to prepare the procedures. prior to this Dr. Sayed Makhdum Raheen, Minister of Information and Culture had unlawfully selected two people as representatives of journalists to High Media Council who have its membership yet.
In the last few years, Journalist organizations and reporters’ support institutions had insisted on media law enforcement regarding the combination of Media High Council. But after establishment of AJF in fall 1391, and regular meetings of its members with different commission members of the Parliament, the Judiciary Body and Government Officials during last months, now Ministry of Information and Culture has answered to the legal request of the journalists.
According to the AJF points of view, However, there are some issues in the procedure which need revision in the light of article 41 of Mass Media Law.
- First article of the procedure emphasizes: “According to the 4th clause of 41st article of Mass Media Law this procedure is enacted in order to regulate the method of election of two journalists as the representatives of journalist community in the Media High Council.” Whereas, according to the 41starticle of Mass Media Law this procedure should have regulate the election two civil society members and two journalists for Media High Council. So, if this procedure is enforced, two civil society members should also be elected for the Media High Council; but one and half year before civil society institutions had understood the laziness of the Ministry of Information and Culture, and after conducting elections they introduced their two elected members to the Media High Council who still have the membership.
- In the article 2 of the procedure there are some conditions for whom who nominee themselves for the membership of the Media High Council. These conditions are stressed in article 7 of the procedure as well.
Adding such conditions in this procedure is not legal, because according to the article 41 of Mass Media Law, this procedure is regulated only to make clear the methods of electing two members of civil society and journalist community for Media High Council.
The legislative body itself has mentioned the conditions in the law such as article 42 of Mass Media Law explains the requirements of members of Mass Media Commission: “ ... professional people with higher education's and journalistic expertise...” whereas article 41 of the same law precisely talks about journalists representatives of the council: “... two professional members with journalistic skills...”.
So, with regard to the principle that no regulations and procedures should be in contradiction to the law, enacting such conditions in article 2 of the procedure is waste.
-In article 13 of this procedure there is also an unfair method regarding equal votes of the nominees:
“(1) if two candidates receive equal votes, the person who have higher education's and more work experiences in journalism, is the winner.
(2) whenever the candidates are equal in education and work experience, then, there should be a drawing between them.”
Whereas, in according to the Afghan electoral system which has been enforced for the presidential and parliament elections yet; if two candidates receive equal votes (or if candidates cannot receive majority votes) the elections go to the next round. In this procedure the electoral system of Afghanistan should be considered. In addition, it should be mentioned that if one of the candidates could not win the votes of the majority in the second round, then, both of them should leave so that two other people come and candidate themselves to the posts.
- At the same time, according to the 3rd clause of article 41 of the Mass Media Law, the procedure is not only about the methods of electing two journalists for Media High Council, but it should also regulate the methods of Media High Council activities which does not.
In this procedure there no room for the journalist organizations and reporters’ support institutions to be involve in this election process, which itself undermines the democratic principle of this procedure. Because in democratic countries such as India journalists organizations elect the members of such council without any interferences of the government.
- In this procedure there is no principle of general elections which itself threats the principle of fair elections. The journalists all around the country should be able to participate in the process and the journalists organizations and reporters’ support institutions should pave the way for them.
- AJF believes that before enforcing this procedure, the points which are mentioned above should be revised. Otherwise, AJF will not participate in a illegal and ambiguous process.
Board of directorate
Afghanistan Journalists Federation
