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 March 2009
In March 2009 the NANSMIT Monitoring Service received 40 reports. Thirty two of them describe the factual situation in the media in the light of socio-legal and political environment; five reports describe direct violations of rights of media professionals; and three 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. Public speeches and statements of superior officials defining the factual situation in the mass media
12 March
All media
On the eve of the Tajik Press Day the Vecherny Dushanbe weekly (#11, 12.03.09) held an opinion poll among heads of ministries and government agencies regarding their opinions on the President’s Decree “On response of officials to critical and analytical publications in the media” endorsed on 7 February 2009.
Khamrokhon Zarifi, Minister of Foreign Affairs said that the Decree is in line with the President’s policy on the strengthening of democratic institutions and constitutional rights, and can be considered as a support of the media in civil society.
Sharif Rakhimzoda, governor of the National Bank considers that the Decree is a timely and needful document ensuring freedom of speech and further development of democracy in Tajikistan.
20 March
Emomali Rakhmon, President of Tajikistan
At the meeting with the Tajik intelligentsia President Emomali Rakhmon mentioned the 20-th anniversary of the adoption of the Law on Language.
The Tajik leader noted that the Law developed and adopted in the Soviet period is not in compliance with contemporary requirements in the society.
The President told the audience that the government has formed a working group in charge of preparing a new draft law to reflect historical, literate standards and national interests.
2. Actions of officials defining the factual status of the media
12 March
Kokhir Rasulzoda, head of Sughd province administration, Khujand
On the eve of the Tajik Press Day chairman of the Sughd province Kokhir Rasulzoda met with representatives of the media (Tojikiston newspaper #11, 12.03.09). The official mentioned the input of journalists in countering socio-economic problems in the society. Rasulzoda confirmed readiness of the authorities to cooperate with the media.
26 March
Rustam Nazarov, director of Drug Control Agency under the President’s Office, Dushanbe
“DCA is interested in cooperating with the media”, — said Rustam Nazarov, head of the Agency in an interview to Vetcherny Dushanbe weekly. Nazarov stressed the importance and necessity of mutual cooperation between the DCA and the media.
2. Amendments in the legislation affecting the media
11 March
Nuriddin Karshibaev, chairman of NANSMIT, Dushanbe
The President’s Decree “On response of officials to critical and analytical publications in the media” does not always have a positive impact on the freedom of speech in the country. Nuriddin Karshibaev, chairman of the National Association of Independent Media (NANSMIT) says that the existing legislation is not very favorable for the media.
“As long as there exists criminal persecution for defamation and insult of honor, dignity and reputation, there is a danger of increasing the number of lawsuits against the media and journalists, which will have a negative impact on the freedom of speech in Tajikistan”, — said Karshibaev.
“Indeed, lawsuits in a civilized country is a normal phenomenon; however, journalists will be facing difficulties proving their innocence”, — he added. — “The new President’s Decree might lead to limitations in access to information. Journalists will be “thinking twice” prior to writing a critical article – since an official can always file a charge against him. It may further lead to self-censorship”.
12 March
Khurshed Atovullo, editor, Farazh newspaper, Dushanbe
Khurshed Atovullo, editor of the Farazh weekly says that as long as the concepts as libel and insult are considered within the Criminal Code, it does not make sense to expect something positive from the President’s Decree.
3. Factual situation in the media and the freedom of speech
2 March
RTR-Planeta in Tajikistan, Dushanbe
Sukhrob Aliev, director general of the Teleradiocom agency under the Tajik Broadcasting Committee said that rebroadcasting of the Russian TV channel RTR-Planeta is terminated in Tajikistan. The parties failed to resolve the issue of payment for technical services provided by Teleradiocom.
Detailed information is available at: http://www.eng.nansmit.tj/analysis/
4 March
Local media, Penjikent, Sughd province
On 4 March, the public organization Zanoni Shark (Women of the East) organized a press conference in the city of Penjikent on the issues of the freedom of speech. Participants asserted that the freedom of speech does not exist in their area. Journalists complained that there is only one newspaper in the city – Zerafshon weekly – which belongs to the local authorities. This outlet cannot publish critical materials a priori – since it is controlled by officials. Journalists have very low salaries and do not have any access to the Internet.
5 March
Mirzoshorukh Asrori, Minister of Culture
“The Tajik mass media should acquire the nature of the fourth power to facilitate the development of the society”, — said Mirzoshorukh Asrori, the Tajik Minister of Culture at a meeting with editors of Tajik printing media.
The Minister said that the official media are not involved in criticism, whereas the private media are oriented towards the market. “In these circumstances neither the government media, nor the private ones comply with the national interests”, — he added.
5 March
All media, Dushanbe
“Experts are confident that the Tajik media have eventually acquired courage. Although, this statement is disputable, since the existence of courage implies independent and objective coverage of ongoing [political, social, etc.] events and developments”, — says Zafar Yusufi in his article (Ozandagon newspaper, #9, 05.03.09). In his opinion, the government has recently changed its attitude to the media because the positions of the government and the media coincide in many aspects related to Tajikistan’s national interests.
6 March
RTR-Planeta in Tajikistan, Dushanbe
The Russian State TV and Radio Company has not expressed any opinion in response to the termination of broadcasting of its entity – RTR-Planeta on the territory of Tajikistan.
Detailed information and analysis are available at: http://www.eng.nansmit.tj/analysis/
7 March
Bobokhon Sharbatov, director of a printing house in Kurgan-tube, Khatlon
A new printing facility was opened in the city of Kurgan-tube on the eve of Navruz.
According to Bobokhon Sharbatov, director of the facility, the new printing house meets all modern technical requirements. An amount of $30 thousand was spent for procurement of three printing devices manufactured in China and Czech Republic. The printing house’s capacity is 12 thousand newspapers per hour.
It should be noted that in view of the absence of printing facilities in Khatlon province, 34 regional newspapers were published in Dushanbe.
12 March
Khurshed Niyozov, editor, Farazh newspaper, Dushanbe
Khurshed Niyozov, editor of the Farazh weekly considers that the situation in the Tajik media has improved essentially compared to the period in 2004-2005 (Nigoh newspaper, #51, 12.03.09). The media have gone out of excessive control of the customs officers, prosecutor’s offices, etc. However, the media are still very concerned about the articles in the Tajik Criminal Code regarding punishment for libel and defamation, which force media professionals to apply self-censorship.
12 March
Michael Unland, media officer, the OSCE Center in Dushanbe
Michael Unland, media officer of the OSCE Center in Dushanbe considers that Articles 135 and 136 of the Tajik Criminal Code will impede development of the media.
12 March
All media, Dushanbe
On the eve of the Tajik Press Day the Ozandagon newspaper published an interview with a noted Tajik journalist Bobojon Ikromov who have worked for more than 30 years in the media sphere and made an essential input in development of the domestic journalism. In particular, Ikromov noted the emergence of new private weeklies over the last ten years, which has improved the image of Tajikistan. at the same time, the government media have faced a tough rivalry. This particular circumstance has facilitated the development of professional journalism in the country. However, there remain concerns about the state of things in the media.
13 March
Private TV company SMT, Dushanbe
The Tajik private TV station SMT terminated its broadcasting for several days in view of arrears for electricity. SMT was unable to pay to the Sharki Ozod printing facility, where it leases its studio premises.
19 March
All media
The global financial crisis has affected the Tajik mass media (Sobytiya weekly, #11, 19.03.09). The article says that according to the Oxford Analytical, every tenth outlet is prone to a decrease in frequency of publications or even the closure.
The main problem is the decrease of incomes from advertisement. “Lack of financial means in the media, especially in printing outlets force editors to reduce the number of personnel or even to close down the papers”, — says the author.
26 March
Tajik TV companies, Dushanbe
“I do not watch Tajik TV stations”, — says Ravshanzamir in his article (Najot newspaper, #13, 26.03.09). — “This has nothing to do with the lack of patriotism and national pride. This is because the local TV programs are extremely monotonous and boring”.
4. Journalists protecting their civil and professional rights
27 March
All media, Dushanbe
Perspectives of reconstitution of a media organization’s coalition in Tajikistan were discussed at a round table in Dushanbe
Presentation of the concept of the Tajik media coalition was made by Zafar Abdullaev, secretary of the Tajik Media Alliance. He described the potential and benefits of the media coalition in achieving common strategic goals – legal reform, protection of rights among journalists, adoption of the code of ethics, and efficient interaction with the authorities.
“So far, casual attempts of adopting new laws in the sphere of media laws and establishing a code of ethics by certain media organizations have not brought any positive outcomes. One of the reasons for that is the “fragmentation” of the domestic media. The coalition would ensure the coherence of our efforts”, — said Abdullaev.
It should be noted that this idea is not something brand new. In 2006, such a coalition named “Partnership in the name of democracy” was created by three associations – NANSMIT, ANESMI and the Media Alliance, but shortly afterwards, was self-liquidated.
Doubts about the viability of the coalition were expressed again. Chairman of NANSMIT, Nuriddin Karshibaev suggested to reserve the independent nature of all media unions, but – when necessary – to unite for definite projects or in certain situations.
Akbarali Sattorov, chairman of the Tajik Union of Journalists thinks that “the idea of setting up the coalition is quite acceptable, but the projects requires thorough consideration and attraction of many potential stakeholders – editors and NGOs”.
Umed Bobokhanov, director of the Asia Plus media group considers that the coalition is needed, but within its framework, there should be a freedom of implementing both joint and individual projects”.
The parties decided to get back to the issue of the coalition in April. The round table was organized by the Media Alliance of Tajikistan with support of Internews Network.
II. VIOLATIONS OF RIGHTS IN THE MEDIA
1. Accusation of libel (Article 135, Tajik Criminal Code)
26 March
Ozodbek Khosabekov, correspondent, Asia Plus weekly, GBAO
On 26 March Ozodbek Khosabekov, correspondent of the Asia Plus newspaper appealed to the Supreme Court of Tajikistan against a verdict of the first instance court.
In June 2008 Khosabekov was adjudged guilty according to provisions of Article 135 of the Tajik Criminal Code – for libel. He was convicted to 200 hours of compulsory labor.
Khosabekov was convicted because of the publication of his open letter addressed to the deputy prime in Asia Plus weekly (#2, 10 january 2008) titled “Where has the money gone?” where he criticized the local administration in GBAO for no-purpose use of funds allocated for civil construction.
COMMENT
According to Article 135 of Tajikistan’s Criminal Code (Libel), the person becomes responsible for his actions only if he spread patently false information defaming another person. Such a crime can be committed only with a specific intent. Unintentional actions do not form corpus delicti.
The case described above should have been considered in accordance with the Tajik Civil Code.
International organizations, among which is OSCE, call the Tajik government for renunciation of criminal persecution of journalists for their professional activities. In the light of these requirements, it would be reasonable to consider claims against journalists in civil-legal order.
2. Ungrounded denial in provision of publicly important information
9 March
Zafar Murodov, correspondent, Kulyabskaya Pravda, Vose district, Khatlon province
The NANSMIT monitoring service has already reported that the Vose district authorities do not provide journalists with any information without a prior approval by their higher-ranked supervisors.
Zafar Murodov, correspondent of the regional newspaper Kulyabskaya Pradva told the monitoring service that a health center manager Sherafkan Sharifov refused to speak with him when he learnt that the interview had not been approved by the chief physician of the facility.
COMMENT
Freedom of speech is guaranteed by Article 30 of the Constitution of the Republic of Tajikistan. Only data referring to state secrecy might be considered as an exception. As for the case in question, the journalist was interested in receiving data, which has nothing to do with state secrets.
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.
3. Licensing
26 March
TV Somonion, Dushanbe
On 26 March the board of the Supreme Economic Court has considered for the second time the issue of prolonging the broadcasting license for TV Somonion.
A year ago the same court annulled the resolution of the licensing commission under the State TV and Radio Committee, according to which the TV station terminated its activities.
The second appeal to the court was caused by the persistent denial of the licensing commission to prolong the license.
According to Ikrom Mirzoev, director of the TV station, the licensing commission has been deliberately violating the licensing legislation, following its ambitions rather than observing the law.
However, the court has made a verdict in favor of the licensing commission.
26 March
Private radio and television
“Every citizen wishing to open a radio or a TV company and having all necessary means and specialists should apply to the licensing committee of the State TV and Radio Committee. After the consideration of the application documents you will have the right to start broadcasting”. (Newspaper Paikon #2, 26.03.09) This quote belongs to Said Khikmatov, deputy chairman of the Broadcasting Committee who answered questions of readers.
It might seem that it is pretty easy to obtain a license in Tajikistan. However, a number of private broadcasters keep waiting for permission for years. Among them are TV Mavji Zarafshon (Matcha district), Radio Nasimi Vakhsh (Vahsh district), Radio Sabo (Khorog city), TV Sport Plus (Khujand city), cable TV Televest (Dushanbe), and many others.
COMMENT
According to Article 17 of the Tajik law “On licensing of certain types of activities”, activities in the area of TV and radio broadcasting, as well as audio and video production is subject to state licensing. The State Committee on Radio and Television under the government of Tajikistan is the authorized body in charge of licensing.
Chapter 11 of the law in question describes prolongation of licensing upon expiry. In case of denial applicant (license holder) has the right to apply to the court.
The law also describes application documents for licensing. The time for consideration is up to 30 calendar days.
Our monitoring service has been regularly documenting complaints addressed to the licensing commission. However, there has not been any progress in licensing or in simplification of this process.
4. Delays in distribution of newspapers
19 March
Minbari Khalk, newspaper of the Tajik People Democratic Party, Dushanbe
Subscribers of the Minbari Khalk newspaper (People’s Tribune) complain about a poor work of the Tajik postal service.
“Readers spend 62 million Somoni (about $24 thousand), and they wait for every issue of the newspaper, but the postal services do not perform their duties properly”, — says the author of an article in Minbari Khalk. Such a situation has been lasting for almost three years. As a result, subscribers read stale materials.
COMMENT
Article 30 of the Tajik Constitution guarantees all citizens free access to any information, as well as the freedom of choice in selecting information. Thus, none of the state bodies or officials has the right to define the order of dissemination of the media, since it contradicts the Tajik legislation as well as the international standards.
Article 22 of the Tajik law “On printing and other mass media” says editor or the editing board have the right to define the order of dissemination of the medium on the basis of agreement with a communication enterprise or other organizations and individuals. The case above illustrates violations of rights of citizens in terms of access to information.
III. CONFLICTS. VIOLATIONS INCRIMINATED TO MEDIA AND JOURNALISTS
1. Protection of honor, dignity and business reputation
5 March
Sulton Khamad, freelance journalist, Dushanbe
A number of Tajik media have published a protest of a well-known Tajik journalist Sulton Khamad against the Tajik service of Radio Liberty. Khamad says that an RL correspondent distorted his words in an interview regarding frequent cases of violation of law by servicement of the Tajik law enforcement structures. The journalist says that he did not mention the National Security Committee, but the correspondent somehow discredited him.
Head of the RL Tajik service apologized to Sulton Khamad for misinterpretation of his words.
26 March
Rustam Nazarov, Drug Control Agency under the President’s Office, Dushanbe
General-lieutenant Rustam Nazarov, director of Drug Control Agency under the President’s Office considers that lately the media have been publishing materials tendentiously describing the drug situation in Tajikistan. He made this statement at an extraordinary meeting of the coordination council of the Collective Security Treaty Organization’s law enforcement agencies. The meeting was held on 24 March in Moscow.
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