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ACKNOWLEDGMENTS

This report is based in part on information collected by Houeida Saad, an attorney and consultant to Human Rights Watch/Middle East, who conducted a fact-finding mission in Lebanon from October 31 - November 16, 1996. Ms. Saad interviewed shareholders and managers of radio and television stations, members of the National Council for Video and Audio Media, lawyers, journalists, current and former members of parliament, other Lebanese public figures, and Beirut-based diplomats.

Virginia N. Sherry, associate director of Human Rights Watch/Middle East, contributed additional research and authored the report. The report was edited by Eric Goldstein, acting executive director of Human Rights Watch/Middle East, Michael McClintock, deputy program director of Human Rights Watch, and Dinah PoKempner, acting general counsel of Human Rights Watch. Awali Samara, associate at Human Rights Watch/Middle East, provided skillful and efficient research assistance.

Human Rights Watch is grateful to Henry Geller, former general counsel of the U.S. Federal Communications Commission (1964-70) and assistant secretary of commerce for communications (1978-81), and Franz Allina, a lawyer, former private broadcaster and member of the executive committee of the nongovernmental, New York-based Committee to Protect Journalists, who reviewed and commented on drafts of this report.

Human Rights Watch/Middle East

Human Rights Watch is a nongovernmental organization established in 1978 to monitor and promote the observance of internationally recognized human rights in Africa, the Americas, Asia, the Middle East and among the signatories of the Helsinki accords. It is supported by contributions from private individuals and foundations worldwide. It accepts no government funds, directly or indirectly. The staff includes Kenneth Roth, executive director, Michele Alexander, development director, Cynthia Brown, program director, Barbara Guglielmo, finance and administration director, Robert Kimzey, publications director, Jeri Laber, special advisor, Lotte Leicht, Brussels office director, Susan Osnos, communications director, Jemera Rone, counsel; Wilder Tayler, general counsel; and Joanna Weschler, United Nations representative. Robert L. Bernstein is the chair of the board and Adrian W. DeWind is vice chair. Its Middle East division was established in 1989 to monitor and promote the observance of internationally recognized human rights in the Middle East and North Africa. Eric Goldstein is the acting executive director, Joe Stork is the advocacy director, Virginia N. Sherry is associate director, Fatemeh Ziai is counsel; Elahé Hicks is a consultant; Gamal Abouali is the Orville Schell fellow, Shira Robinson and Awali Samara are associates. Gary Sick is the chair of the advisory committee and Lisa Anderson and Bruce Rabb are vice chairs.

Web Site Address: http://www.hrw.org

Gopher Address: gopher://gopher.humanrights.org:5000/11/int/hrw

Listserv address: To subscribe to the list, send an e-mail message to majordomo@igc.apc.org with "subscribe hrw-news" in the body of the message (leave the subject line blank).

Human Rights Watch/Middle East

21

March 1997, Vol. 9, No.1 (E)

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HUMAN RIGHTS WATCH
1522 K Street, NW Suite 910
Washington, DC 20005
Telephone: 202-371-6592
Facsimile: 202-371-0124
E-mail: goldstr@hrw.org

Website: http://www.hrw.org

MARIAN RIGHTS WATCH/MIDDLE EAST

Eric Goldstein

Acting Execution Director

Virginia N. Sherry

Associate Director

Joe Stark

Advocacy Director

Clarisa Bencomo

Elabé Sharifpour-Hicks
Research Associates

Shira Robinson
Awall Samara
Associates

ADVISORY COMMITTEE
Gary G. Sick
Chair

Lisa Anderson
Bruce Rabb

Vice Chairs

Shaul Bakhash

M. Cherif Bassiouni

Hyman Bookbinder
Paul Chevigny
Helena Cobben
Patricia Derian
Stanley Engelstein
Edith Everea

Mansour Farhang
Bita E. Hauser
Rev. J. Bryan Hehir
Edy Kaufman

Marina Pinto Kaufman

Samir Khalif

Judith Kipper

Paina Lahav
Ann M. Lesch
Richard Maass
Stephen P. Marks
Philip Mattar
David K. Shipler
Sanford Solender
Shibley Telhami
Andrew Whitley

Napoleon B. Williams, Jr.

NUMAN RIGHTS WATCH

Kenneth Both

Executive Director

Michele Alexander

Development Director

Cynthia Brown
Program Director

Holly J. Burkhalter
Advocacy Director

Barbara Guglielmo

Finance & Administration
Director

Lotte Leicht

Brussels Office Director

Susan Osnos

Communications Director

Dinah PoKempner
Acting General Counsel
Joanna Weschler
United Nations
Representation

Robert L. Bernstein
Chair

13 January 1997

His Excellency Ambassador Riad Tabbarah
Embassy of Lebanon

2560 28th Street, N.W.

Washington, D.C. 20008

via fedex and facsimile

Your Excellency:

Human Rights Watch/Middle East is in the process of completing a report on the audiovisual media in Lebanon, in light of the television and radio licensing decisions made by the Council of Ministers in September 1996. We hope to release the report later this month, or in early February 1997, at a press conference in Beirut. The report is based in large part on information collected by one of our representatives, who visited Lebanon in November 1996 and interviewed a wide range of individuals concerned about freedom of expression, including lawyers, human rights advocates, members of parliament, former ministers and parliamentarians, and owners and managers of unlicensed television and radio stations.

During our representative's fact-finding mission, she was unsuccessful in her attempts to arrange meetings with Lebanese government officials and with representatives of the licensed television stations, with the one exception of Murr Television. Therefore, as we finalize our report, there remain a number of questions, and requests for clarification that we would like to be communicated to Lebanese government officials. As is our policy with respect to all countries in the region that we monitor, we are interested in including comments from governments in our published reports. Below, we have outlined the questions related to regulation of the broadcasting media in Lebanon for which we welcome information and comment from the government. We shall include all relevant responses in our published report, if such responses are received in our Washington office by Friday, January 24, 1997.

Human Rights Watch examines freedom of expression in countries throughout the region, and holds governments accountable to the standards set forth in Article 19 of the International Covenant on Civil and Political Rights (ICCPR). With respect to television and radio broadcasting, we take the position that governments have a duty to both broadcasters

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and their audiences to ensure the freedom to seek, receive and impart information and ideas of all kinds, as required by Article 19. Human Rights Watch also takes the position that such freedom should be ensured "without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status," as required by Article 2 of the ICCPR. With respect to our upcoming report on government regulation of the broadcasting industry in Lebanon, we have the following questions:

Restrictions on Broadcasting News and Political Programs

What was the government's rationale in creating Category 1 and Category 2 stations? Why are Category 2 stations prohibited from broadcasting news and political programs? In addition, what were the reasons for the minister of information's decision to prohibit unlicensed television and radio stations that were still operating from "broadcasting news reports and direct and indirect political programs" as of September 18, 1996?

Technical Capacity of the Airwaves in Lebanon

What were the conclusions of the Television and Radio Regulatory Committee (TRRC) concerning the capacity of the airwaves in Lebanon, in terms of the number of television and FM radio stations that can be accommodated? We understand that the TRRC report did not include an assessment of the number of AM radio stations. If our information is correct, we would be interested in learning why AM stations were excluded from the report.

When was the TRRC's study conducted, and by whom? What government or other entities reviewed the January 1996 report by the TRRC, prior to its release? Was the report made public? If so, can Human Rights Watch obtain a copy?

The National Council for Video and Audio Media (NCVAM)

The NCVAM is a solely advisory body. It is sometimes likened to its counterpart in France, le conseil supérieur de l'audiovisuel. However, the French conseil is an independent body with the power to issue broadcast licenses. We would appreciate comments about this seemingly major difference between the two bodies, and the government's position concerning the independence of the NCVAM. We also note in our report that members of NCVAM serve three-year terms, compared to six-year terms for their counterparts in France. How are NCVAM members protected from dismissal during their tenure?

The AM Radio Band

We received information that in September 1996 the government reserved the AM radio band for exclusive government use. What was the rationale for this decision? How many unlicensed radio stations were using the AM band at this time?

Religious Diversity Requirement for Stations' Shareholders

The chairman of Independent Communications Network told Human Rights Watch that his company's television station was not granted a license because eighty percent of the shareholders

Council of Lebanese American Organizations

2077 National Press Bldg.
Washington, DC 20045

(202) 686-4844

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were Christian. If his assertion is true, what is the basis in law for such a requirement? Further, what is the religious diversity "formula" that the government has imposed upon shareholders of individual stations?

Ownership of Licensed Television and Radio Stations

Who are the principal shareholders of the Lebanese Television Company (LTV)? What percent of LTV's shares are owned by the government, and what percent by Prime Minister Hariri?

We would also appreciate information concerning the principal shareholders of the four licensed television stations (Future Television, Murr Television, the Lebanese Broadcasting Company International, and National Broadcasting Network) and Category 1 radio stations (Radio Orient, Radio Free Lebanon, and National Broadcasting Network radio).

The Grace Period for Closure of Unlicensed Stations

In September 1996, the minister of information announced that all unlicensed television and radio stations had to liquidate their assets and close by November 30, 1996. We also understand that stations which were denied licenses were given until the end of November 1996 to submit new applications that addressed deficiences noted by the NCVAM. We have the following questions about the status of this process:

1. What radio and television stations submitted new applications prior to the end of November? . 2. What are the steps in the review of these applications?

3. When is a decision by the Council of Ministers expected?

4. What is the government's timetable for closure of the stations that remain unlicensed after this period?

I would appreciate an opportunity to discuss these issues with you, or other relevant officials, at the embassy during the coming week and shall telephone your office tomorrow to arrange a mutually convenient time for a meeting. Given our anticipated schedule for the publication of this report, I hope that you will be able to forward this letter to the appropriate government officials in Beirut, and convey to them our organization's wish for their detailed written comments. As indicated above, we will incorporate in our report pertinent comments received by January 24, 1997.

I thank you in advance for your cooperation and assistance.

Sincerely yours,

Eric Goldstein

Acting Executive Director

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Acting Executive Director

Virginia M. Sherry

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Shira Robinson

Awall Samara

Associates

ADVISORY COMMITTEE

Gary G. Sick

Chair

Lisa Anderson

Bruce Rabb

Vior Chairs

Shaul Bakhash

Cherif Bassiouni
Nyman Bookbinder

Paul Chevigny
Melena Cobban
Patricia Derian
Staniry Engelstein
Edith Everett
Maneser Farhang
Bita L. Namer
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His Excellency Michel al-Murr

Minister of Interior

Ministry of Interior

Beirut, Lebanon

via fax and post

Your Excellency,

Human Rights Watch/Middle East is writing to express its concern and seek your clarifications about practices that have prevented Lebanese citizens from exercising fully the right to freedom of association. According to information we have received, the Ministry of Interior has refused to accept the registration documents submitted to it by certain associations that have been recently set up pursuant to the requirements of the law. The resulting uncertain legal status of these groups leaves them vulnerable to accusations of operating illegally as secret societies, despite their good-faith intentions to comply with the letter of the law. Among other consequences, this no doubt deters many would-be volunteers from joining these groups.

The most recent example is the Lebanese Association for the Democracy of Elections (LADE), which was formed earlier this year to monitor the upcoming parliamentary elections and the electoral process leading up to the elections. The founding members of the association included lawyers, journalists, academics, and other well-known figures. The secretary-general of LADE is Paul Salem, who directs the internationally known Lebanese Center for Policy Studies, which is based in Beirut.

Pursuant to the associations law, LADE prepared materials for submission to the. Ministry of Interior, including its articles of incorporation, the names and identity documents of the founding members, and a copy of the minutes of the group's first meeting, held in March 1996, at which officers and a twelve-member steering committee were elected.

On April 6, 1996, Sami Shoucair, the responsible official at the Ministry of Interior, refused to accept these documents and issue the customary receipt and registration number to the association.

On April 10, LADE attempted to send the documents to the ministry via a notary public, a procedure which requires delivery by a representative of the Ministry of Justice. The Interior Ministry again refused to accept the documents and, according to our information, forced the Justice Ministry's representative to leave the premises with the documents. LADE then notified Your Excellency in writing that the association's documents were on file at a notary public's office in Beirut and provided the address of this office. The group also publicly announced its formation at a press conference.

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