This monitoring presents a compilation of reports from Tajikistan’s media and private reports from the NANSMIT monitoring network in the country.

Coordinator of the Monitoring Network in Tajikistan:
Abdufattokh Vokhidov

Head of the Legal Service:
Orifjon Azimov

Head of the Project in Tajikistan:
Nuriddin Karshibayev

Freedom of Speech in Tajikistan Situation in June 2008

In June 2008, the NANSMIT Monitoring Service received 31 reports concerning violations of legal rights of journalists. Twenty of them describe the factual situation in the media in the light of socio-legal and political environment; seven reports describe direct violations of rights of media professionals; and four reports describe conflicts and accusations against the media and journalists.

I. PECULIARITIES OF POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY DEFINING THE FACTUAL SITUATION IN THE MEDIA

1. Actions and behavior of officials defining the factual situation in the media

4 June
Guljakhon Bobosadykova, Chair of the NGO “Women with University Education”, Dushanbe

“The media should be used wider in tackling the problems in the educational system”, — said Guljakhon Bobosadykova, Chair of the NGO “Women with University Education” at a round table on the issues of financing of education. Bobosadykova considers that the Ministry of Education, donor agencies and NGOs should systematically invite the media.

July 11
B. Bobokhonov, Prosecutor General of the Republic of Tajikistan, Dushanbe

On 11 July, at a press conference in Dushanbe, Prosecutor General of Tajikistan, Bobojon Bobokhonov called the leader of the Tajik opposition movement “Vatandor”, Dodojon Atovullo “an information terrorist”. Atovullo is known as a journalist and editor of his newspaper “Charogi Rouz”. The Prosecutor stated that Atovullo, living abroad, far away from his country, humiliates and defames the honor and dignity of the Tajik nation.

2. Factual situation in the sphere of media and freedom of speech

July 2
Central Asian bulletin, BBC, Persian Service, Dushanbe

On 30 July, the Persian Service of BBC finished publishing its Central Asian bulletin. Inoyati Foni, editor of the Persian Service said that the bulletin will be replaced next year with a new web site “BBC – Tajikistan”. Besides that, the British Broadcasting Corporation is launching its Persian-language television.

BBC opened its office in Dushanbe in 1993.

July 7
Somon Video, Ltd., Khujand, Sughd province

On 7 July, the Somon Video venture received the license for audio and video production. The firm was registered in 2002, after which it applied for license to “TajikKinoVideo”, the licensing agency in the sphere of the visual media.

Bakhtiyor Kosimov, director of Somon Video says that his enterprise intends to produce audio and video products for TV companies in Sughd province.

July 10
All media

The Millat weekly (#28, 10.07.08) informs that representatives of the governments of Tajikistan, Iran and Afghanistan have signed a memorandum on the creation of a unified Persian-language television. The headquarters of the new TV company will be located in Dushanbe.

July 10
Vaisiddin Azamatov, deputy director of the Drug Control Agency under the President, Dushanbe

On 10 July, at a press conference in Dushanbe, Major General Vaisiddin Azamatov, deputy director of the Drug Control Agency under the President’s Office stated that the Russian media disseminate “incorrect and dozed information” about drug flows via Tajikistan. The General stressed that Tajikistan does not have any drug-manufacturing laboratories.

July 22
Fergana.ru web site, Dushanbe

During the last two months, Tajikistani have not had access to the web site www.fergana.ru. The OSCE Media Resource Center approached the COMPUWORD Internet providing company requesting explanation. The company said in response that the web site is closed in accordance with the order issued by the Ministry of Communication almost two years ago.

Jamshed Mamadjanov, employee of the OSCE Media Resource Center said that up to quite a recent time, he had access to the web site on his office (via COMPUWORLD); the web site “got closed” after he received accreditation as an official representative of Fergana.ru in Tajikistan.
July 29
Abdurasul Rakhmonov, correspondent of the 1-st Tajik TV Channel, Kulyab, Khatlon province

On 29 July 2008, journalists of the regional news bureau of the First Tajik TV Channel in the city of Kulyab spent many hours at the TV Safina office to get access to editing equipment and send the materials to the Dushanbe studio for broadcasting.

The Monitoring Service found out that the Kuluabi branch of the First TV Channel does not have its own studio for editing; neither has it an office where the personnel could meet and discuss work plans and ongoing activities.

July 30
Tajik television

Journalist Rajabi Mirzo in his article titled “Personnel” (Farazh weekly, #30, 30.07.08) complains that the quality of programs produced and broadcast by the Tajik television leaves much to be desired. New TV companies, such as Safina and Bakhoriston, appeared in the country in the recent years. Conditions of work for media professionals have improved. However, during the same period, TV Somoniyon and Radio Imrouz faced problems; broadcasting of BBC on FM scale was terminated by the Tajik authorities; and many private TV and radio companies cannot receive licenses. The quality of the government electronic media was criticized even by the President.

3. Journalists protecting their civil and professional rights

July 4
All media, Dushanbe

A national conference “Expanding the free dialogue between the licensing body and broadcasting organizations” was held at the Strategic Research Center under the President’s Office.

The conference was organized by the OSCE Center in Dushanbe, the Public Council of the Republic of Tajikistan, the Tajik Association of Independent Electronic Mass Media, Internews Network and F. Ebert Foundation.

The two-day conference was attended by representatives of the President’s Office, TV and radio companies, political parties and journalists.

July 11
Union of Journalists of Tajikistan, NANSMIT, Dushanbe

On 11 July, the board of the Tajik Union of Journalists and the National Association of Independent Mass Media of Tajikistan (NANSMIT) put out a statement in defense of former correspondents of Radio Ozodi (Radio Liberty) Sayofi Mizrob and Khioliki Sangin. Akbarali Sattorov, chairman of the Union of Journalists, and Nuriddin Karshibayev, director of NANSMIT expressed concern about the professional rights of the former employees of the Tajik bureau of Radio Ozodi.

July 11
All media

A workshop “Internet and Journalism” was held on 11 July, in Penjikent city, Sughd province. The event was organized by the Tajik NGO “Women of the East” with financial support from the Helsinki Norwegian Committee.

Zukhra Sharipova, trainer at the seminar told the NANSMIT Monitoring Service that the main goal of the event is to attract the attention of journalists in Penjikent to the global information network and provide them with knowledge and skills so that they would use the Internet in their daily activities.

July 11
Newspaper “Jomea va Tamaddun”, Kairakkoum city, Sughd province

On 11 July, the Association of Teachers of Journalism “Jomea va Tamaddun” (Society & Civilization) opened the Third Summer School for university teachers “Contemporary methodologies of teaching and online journalism”. The initiative is supported financially by the Open Society Institute.

Rukhshona Olimova, the OSI public relations officer told the NANSMIT Monitoring Service that the main goal of the project is to facilitate to the implementation of reforms and introduction of innovations in the educational process of Tajikistan’s universities. Another goal is to help professors and teachers in establishing closer professional contacts.

July 13
All media, Dushanbe

Training sessions for two groups of editors were held from 7 to 13 July in Dushanbe. The educational program is being held within the framework of the project “Mobilization of the media for protection of rights of women and children in Central Asia” implemented by the National Association of Independent Mass Media (NANSMIT) jointly with the BBC Trust Fund, and under support of the European Commission.

Participants have learned about methodologies for covering social topics in the media, especially the problems of women and children. The organizers hope that after the training editors would be able to include these themes in their editorial policies.

A similar workshop was organized for editors in Sughd province of Tajikistan.

July 14
All media, Dushanbe

A round table on the issues of professional ethics code for journalists was held on 18 July in Dushanbe. It was organized by the Tajik Ministry of Foreign Affairs and the public organization “Ittilot va Muoshirat”.

July 18
All media, Dushanbe
A workshop on the issues of Corporate Governance was organized by the International Financial Corporation (IFC) in Dushanbe for local journalists.
Takhmina Nurova, the IFC project coordinator says that the Corporate Governance should be studied as a system of interrelations between various sectors of shareholding companies. These studies should be expanded, and held not only in the form of seminars, but also to be introduced as disciplines in higher educational institutions.
IFC intends to carry put a wide-scale public awareness campaign on the importance of the Corporate Governance.

July, 24
Voulf Lapins, coordinator of Fredrick Ebert Fund in Central Asia, Khorog, GBAO

On 24 July, Voulf Lapins, coordinate or of F. Ebert Fund in Central Asia met with GBAO journalists in Khorog. Lapins said that one of the priorities of his agency is support to the media and training programs for media professionals. The Fund cooperates with both government and non-State organizations.

July, 17
All media, Dushanbe

A Jour Fix Club is opened in Dushanbe. The term “jour fix” is the French for “definite day”. In the last century, this term meant a certain regular day for guests, i.e. some kind of reception.
The initiative of Jour Fix for journalists is supported by the OSCE Media Resource Center.

II. VIOLATIONS OF RIGHTS AMONG JOURNALISTS AND THE MEDIA

1. Impediments to legal professional activities of journalists and the media

July, 18
Radio Liberty, Khorog, GBAO

On 18 July, Mirzojalol Shokamolov, correspondent of the Radio Liverty Persian service was denied access to the airport in the city of Khorog. The correspondent had his accreditation card and a special permission from the GBAO administration on media coverage of the Tajik President’s visit to Gorno Badakhshan. The Radio Liberty administration interprets this incident as a violation of professional rights of its representative.

COMMENT

The legislation of the Republic of Tajikistan (Article 30 of the Constitution, Articles 2 and 36 of the Law “On printing and other mass media”, and Article 3 of the Law “On television and radio broadcasting”) guarantee and protect the freedom of speech and the fight to use the mass media.
According to Article 31 of the Law “On printing and other mass media”, journalists have the right to seek for, receive and disseminate information, to produce any records, including those involving the use of audio and video equipment, to carry out video and photo shooting, except for the cases described in the law.
Impediments in any form to professional activities of journalists, as well as compulsion to dissemination or refusal from dissemination of information forms corpus delicti, according to Article 162 of Tajikistan’s Criminal Code, and envisages imprisonment for up to five years.

2. Ungrounded denial of providing publicly important information

July 7
Valentina Kasymbekova, freelance journalist, Dushanbe

On 7 July 2008, Valentina Kasymbekova, a freelance journalist received a denial from the Council of Justice of Tajikistan on her request concerning the number of lawsuits and housing cases. The letter from the Council of Justice signed by Matluba Khabibulayeva, First Deputy of the Chairman said contained the following explanation: “Your request concerning the number of housing cases during the period of 1995 – 2007 has been considered. According to the legislation of the Republic of Tajikistan, the requested data refers to secrecy. In this regard, the Council of Justice cannot provide you with these data”.
Kasymbekova applied to the Council of Justice thrice requesting this particular information, and only one time she received a written denial.

July 30
Abdulmumin Sherkhonov, editor of the Pazhvok newspaper, Kulyab, Khatlon province

Abdulmumin Sherkhonov, editor of the newspaper Pazhvok faced unmotivated denial of information from the colonel Kayum Talbakov, deputy head of the city police department.
COMMENT

Freedom of speech, press and the right to use the mass media are guaranteed and protected by Article 30 of the Constitution of the Republic of Tajikistan. Only information constituting the State or other secrets protected by the legislation could be considered as an exception. In the cases described above, journalists were interested in obtaining information, which do not have any reference to the State or other essential secrets. Article 31 of the Law “On printing and other media” provides journalists with the right to look for, receive and disseminate information by any legal means. Article 5 of the Law in question, obliges the State, political and public organizations, institutions and officials to provide the mass media with requested information. The denial of information, in accordance with Article 27 of the same Law, can be appealed by the media representatives in court.

3. Ungrounded limitations in providing publicly important information

July 10
Vecherny Dushanbe weekly, Dushanbe

Vecherny Dushanbe weekly (#28, 10.07.08) published a material containing a retort addressed to press services of ministries and government institutions. The publication contains specific criticism against press services of the Dushanbe Municipal Interior Department and the Tajik Interior Ministry.

July 21
Varorud newspaper, Khujand, Sughd province

The Panjshanbe marker laboratory in the city of Khujand, Sughd province, refused to share information n sanitary-hygienic conditions and standards of sale of food at the market to three interns of the public-political newspaper Varorud. The laboratory personnel explained that they are afraid of criticism.
In response to that, Varodud published and article (16 July 2008, #29 (319), requiring a feedback from the Sughd province Sanitary-epidemiological Station.
July 28
Mirzoazam Maksudov, correspondent, Sogdiyskaya Pravda newspaper, Khujand, Sughd province

Administration of the shareholding company Lal avoids meetings with journalists. Mirzoazam Maksudov, correspondent of the local newspaper Sogdiyskaya Pravda came to the company to find out the reasons of deficit of glass containers in food canning factories.
COMMENT

Freedom of speech, press and the right to use the mass media are guaranteed and protected by Article 30 of the Constitution of the Republic of Tajikistan. Only information constituting the State or other secrets protected by the legislation could be considered as an exception. According to Article 25 of the Law of the Republic of Tajikistan “On Information”, any limitations on receipt of open information are not lawful.
According to Article 27 of the Law “On printing and other mass media”, citizens have the right to promptly receive reliable information through the mass media about activities of State bodies, public units, and public officials. This provision obliges the State bodies and public officials to provide journalists with any requested information about their activities, without delays. Such artificial impediments in receiving requested information are unlawful.

4. Violation of labor rights

July 9
Sayofi Mizrob, correspondent, Radio Liberty, Dyshanbe
Sayofi Mizrob, correspondent of the Radio Liberty Tajik service resigned from his position of his own free will. He stated that this step is taken in protest against the terms of reference in labor contracts composed by the Tajik Bureau of Radio Liberty, and, according to his opinion, they contradict to the Tajik labor legislation.

COMMENT

In this case, the labor contract is terminated upon the employee’s initiative, which does not contradict to the labor legislation. If the employee considers that his rights are impaired, he can appeal to the court.

III. CONFLICTS AND ACCUSATIONS AGAINST OF MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

July 17
Social Party of Tajikistan, Dushanbe

The Social Party of Tajikistan (Mirkhuseon Nazriev’s wing) asked the Tajik law enforcement agencies to apply measures against authors working for two private newspapers – Farazh and Nigokh.
The journalists are accused of defaming the honor and dignity of Safarali Kenjayev, the founder of the political party.

July 24
Sayofi Mizrob, ex correspondent of Radio Liberty, Dushanbe

Sayofi Mizrob, former correspondent of Radio Liberty appealed to prosecutor general’s office against the Tajik service of Radio Liberty. The journalism claims that the Tajik service’s pulications and reports defame the President, his relatives, government officials, the prosecutor’s office personnel and some well-known personalities in the country.
The journalist states that Radio Liberty describes the Tajik government only from the negative and critical point of view. He also accuses Kudrat Shakhidi, director of the Tajik service based in Prague of incorrect opinion poll conducted among the population of Tajikistan and containing provocative questions.

July 30
Kommersant newspaper

The Russian newspaper Kommersant published a “sensational” article saying that the “Tajik government has agreed with the Russian conditions regarding the terms of construction of the Roghun hydropower plant”. Kommersant referred to a letter allegedly signed by Asadullo Gulomov, Tajik deputy prime minister, saying that the Tajik side is ready to give Russia 75% of shares in the Roghun hydropower plant (similarly to Sangtuda-1 hydropower plant).
Asadullo Gulomov confuted the allegations of the Russian newspaper saying that “there was a letter addressed to the Russian party, but it was misquoted in Kommersant’s publication”.

July 31
Tajikstandard, metrological agency, Khujand, Sughd province

The Center for Standardization, Metrology and Certification (Tajikstanfard) in Sughd province is going to appeal to the court against the Sughd weekly. This intention was voiced at a press conference by the Tajikstandard administration who claim that the newspaper groundlessly criticized the agency in its publications.

COMMENT

According to Articles 24, 26 of the Law of the Republic of Tajikistan “On printing and other mass media”, the individual who considers that the published material contains untrue or unreliable information, has the right to demand publication pf an answer or refutation of the previously made statement. In case of refusal or avoidance of the medium to publish the answer (explanation), or in case of untimely publication (beyond the established term), the individual or legal entity can appeal to the court.

This report is based on compiled materials from the media and private information presented by correspondents of the NANSMIT Monitoring Network

Coordinator of the Monitoring Service

Abdufattokh Vokhidov

Project Manager
Nuriddin Karshibayev