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 February 2009
In February 2009 the NANSMIT Monitoring Service received 17 reports. Fourteen of them describe the factual situation in the media in the light of socio-legal and political environment; two reports describe direct violations of rights of media professionals; and one report describes 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. Public speeches and statements of superior officials defining the factual situation in the mass media
4 February
Khikoyatmo Khakimova, deputy head of Khatlon province, Kurgan-Tube
On 4 February the new deputy head of Khatlon province, Khikoyatmo Khakimovs held a meeting with the media. Khakimova informed journalists about the intentions and desire of the authorities to cooperate with the media.
“Journalists are creative individuals, and people trust them”, — she said. — “The media is the best source of information about the ongoing problems, events and developments”.
7 February
Emomali Rakhmon, President of Tajikistan, Dushanbe
President of Tajikistan Emomali Rakhmon signed a decree “On response of officials to critical and analytical publications in the media».
The President’s Office press service informs that the decree pursues the goals of strengthening executive discipline and enhancing the role of the media in public, political and socio-economic life of the society.
Ministers and managers of enterprises are charged to take urgent measures on critical remarks and suggestions voice in the media.
9 February
All media, Dushanbe
“In case of non-fulfillment of the President’s decree, officials will be brought to responsibility in accordance with the law “On applications of citizens”, — said Saidali Siddikov, head of the information-analytical unit under the President’s office. He made this statement at a round table organized by the Tajik Union of Journalists.
Siddikov also told the media that the decree signed on 7 February has been sent to 700 relevant institutions in Tajikistan.
“I am confident that this initiative will be an impulse in resolving the most relevant issues touched upon in the media”, — said Siddikov. – “This is the evidence of the government’s support to the media”.
11 February
Ilkhom Jamolov, head of the information-analytical center of the Sughd province authorities
On 11 February head of the information-analytical center of the Sughd province authorities Ilkhom Jamolov held a meeting with representatives of the regional and local media to familiarize them with the President decree “On response of officials to critical and analytical publications in the media».
24 February
Narzullo Dadabaev, head of press service, Ministry of Agriculture, Dushanbe
“The Ministry of Agriculture calls journalists to a closer cooperation, and is ready to respond to critical and analytical materials in the media”, — said Narzullo Dadabaev, head of the Ministry’s press service. He also stated that the Minister of Agriculture Kosim Kosimov considers that the media should fully participate in resolving problems in this sector.
3. Evaluation of the factual situation in the media and the freedom of speech
12 February
All media, Dushanbe
“Most of the Tajik media have partner relations with the authorities”, — said professor Ibragim Usmanov at a round table “Media and the authorities: partnership or dissent?” organized by a public unit “Journalist” jointly with the Tajik Union of journalists. (Farazh newspaper, #6, 12.02.09).
Usmonov said that in the relations between the media and the authorities the latter always prevail. Having listed a number of factors, which have had a negative influence on the Tajik media, the professor said that the absence of daily newspapers in the country is the most essential problem.
18 February
All media
“The project of a unified center of electronic communication, which has been repeatedly proposed for implementation, brings into a question the existence of the freedom of speech in the country”, — stated Mikhail Petrushkov, executive director of the Tajik Association of Small and Medium Business Ventures. The statement was made at a press conference for representatives of telecom companies. Experts say that the implementation of such a project would imply a total control over the national communication. Another troublesome fact is that the national communication operator “Tojiktelecom”, the author of this idea would have monopolist rights in this sector.
25 February
Radio Sadoi Dushanbe
Radio program “Speak Russian” on the city Radio Sadoi Dushanbe has been dormant for several months. Tatyana German, head of the Pushkin society in Tajikistan says that the main reason for termination of the program is the absence of funds.
4. Journalists protecting their civil and professional rights
5 February
Tajik Union of Journalists, Dushanbe
The Tajik Union of Journalists is launching a series of meetings dedicated to its 50-th anniversary. The Union is planning to hold meetings with veterans of the domestic journalism.
II. VIOLATION OF RIGHTS IN THE MEDIA
1. Impediments to professional activities
5 February
Bakhtior Valiev, correspondent, Asia Plus, Khujand, Sughd province
Bakhtior Valiev, freelance correspondent of Asia Plus news agency was invited to the Sughd province Health department.
The reason for the invitation was a publication about problems with power supply at the province cardiological center, where physicians had to terminate surgical operations.
Health officials, previously interviewed by the correspondent, recommended him to make additional clarifications to the published story.
COMMENT
Article 30 of the Tajik Constitution, Articles 2 and 36 of the law “On printing and other mass media” and Article 3 of the law “On TV and Radio” guarantee and protect the freedom of speech and the right to use the mass media.
According to Article 31 of the law “On printing and other mass media”, journalists have the right to receive and disseminate information, to produce any records, including those performed with the help of audio, photo and video equipment, except for cases described in the legislation.
Impediments in any professional activities, as well as coercion to dissemination or refusal of dissemination of information forms corpus delicti according to Article 162 of the Tajik Criminal Code.
3. Ungrounded limitations in provision of publicly important information
22 February
Ministry of Economic Development and Trade, Dushanbe
At a press conference in January journalists complained that they cannot timely receive publicly important information from persons in charge at the Ministry of Economic Development and Trade.
COMMENT
The freedom of speech and the right to use information are guaranteed by Article 30 of the Tajik Constitution. Exceptions are the data containing elements of national secrecy.
Article 31 of the Law of the Republic of Tajikistan “On printing and other mass media” enables journalists to look for, receive and disseminate information applying any legal means. And Article 5 of the Law in question obliges state, political and public organizations, entities and their officials to provide the media with requested information. Denial in provision of information, according to Article 27 of the Law in question, can be discussed between the medium and the relevant official, and also can be considered in court.
III. CONFLICTS. VIOLATIONS INCRIMINATED TO MEDIA AND JOURNALISTS
1. Protection of honor, dignity and business reputation
19 February
Gulbakhor Gafforova, actress of the Khandinkamon theater studio, Kulyab, Khatlon province
Gulbakhor Gafforova, actress of the Khandinkamon theater in the city of Kulyab is going to apply to the court against the Pazhvok newspaper accusing it of insult of her honor and dignity.
Gafforova is concerned about a publication containing false information about her private life. She says that during the tour in Khatlon province she did not have any contacts with any mass medium, and the printed articles is an insult against her.
The actress also complains that the Sughd newspaper published in Sughd province reprinted Pazhvok’s article.
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 Karshibaev