This report is based upon messages from the Tajik media and the NANSMIT monitoring network.
Moderator of the monitoring network in Tajikistan
Abdufatoh Vohidov
Chief of legal service
Orifjon Azimov
Chief of project in Tajikistan
Nuriddin Karshiboev
Freedom of Speech in Tajikistan November 2009
In November 2009 the NANSMIT Monitoring Service received 15 reports. Seven of them describe the factual situation in the media in the light of socio-legal and political environment; three reports describe direct violations of rights of media professionals; and five 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
5 November
Kodir Kosim, chairman of GBAO
Head of Gorno-Badakhshan Autonomous Province (GBAO) Kodir Kosijm intends to facilitate the creation of independent media in his region. Speaking with journalists at a press briefing in Khorog, administrative center of GBAO, he said that “competition in the information space is one of the main incentives for the media in their endeavors, which helps improve their quality”.
14r November
Zafar Azizov, deputy chairman of the Tajik Supreme Court, Dushanbe
Speaking at a legal counseling meeting in Dushanbe on the issues of Judicial Power and the Media, the deputy chair of the Tajik Supreme Court Zafar Azizov noted that many Tajik citizens know very little about their civil rights and thus, cannot protect themselves. “The media can play an important role in public awareness and promotion of legal rights”, — he said. — “Journalists must provide the society with comprehensive, veracious and objective information”.
2. Changes and amendments to the legislation affecting the media
20 November
All media, Dushanbe
The government of Tajikistan has endorsed a regulation obliging individuals to pay for information acquired from state institutions. This document is the Government Resolution #610, 31 October 2010 “On the order of reimbursement to government institutions for information provided to citizens”.
Explaining the reasons for such a move, government officials refer to the necessity of regulating the provision of information and potential expenditures related to that. The Resolution describes only open (unclassified) information.
According to the regulation, the cost of one printed page cannot exceed 35 dirams ($0,09); however, government officials are allowed to define the cost of their own response depending on the importance of requested information or data.
Individuals will be charged not only for printing documents; from now on, they must pay for any verbal comments of laws, bylaws and government decrees, resolutions, etc.
3. Journalists protecting their civil and professional rights
13 November
All media, Dushanbe
The Tajik Union of Journalists held legal counseling on the topic “Judicial Power and the Media”. The meeting was attended by legal and media professionals.
The meeting was held within the framework of the project “Support to Independent Media in Tajikistan”, which is being implemented by the Tajik National Association of Independent Media (NANSMIT) under the US-based organization National Endowment for Democracy (NED.
Participants discussed the issues of relations and interactions between the judicial power and the media.
22 November
IWPR, Almaty, Kazakhstan
On 20-21 November Almaty hosted representatives of human rights NGOs and journalists from the countries of Central Asia. The training was held within the framework of a project “Protection of human rights and legal education through the media in Central Asia” implemented by the Institute for War and Peace Reporting (IWPR) under support of the European Commission.
The main purpose of the training is to provide participants with training skills and new methodologies for their future activities.
Vyacheslav Abramov was the chief trainer. He is the director of the International Journalism School MediaNet in Kazakhstan, and the editor of the information portal Voice of Freedom Central Asia www.vof.kg
II. VIOLATION OF RIGHTS IN THE MEDIA
1. Compensation for moral damage (Article 174, Civil Code of Tajikistan)
5 November
Paykon weekly, Dushanbe
Jumaboi Tolibov, editor of the Paykon weekly appealed to the Firdausi district court with a complaint against its verdict dated 26 October 2006 regarding the lawsuit initiated by the Tajik Agency on Standardization, Metrology and Trade Inspection under the government (TajikStandard). The agency demanded compensation for moral damage.
The court obliged the newspaper to pay TajikStandard the amount of 300 thousand Somoni.
According to Tolibov, the decision contradicts the law on protection of honor and dignity, business reputation and compensation for moral damage.
1. Libel (Article 135, part 2 of the Tajik Criminal Code)
18 November
Ozodbek Khosabekov, GBAO
The Farazh weekly published a copy of a letter by Ozodbek Khosabekov addressed to the chairman of the Tajik Supreme Court N. Abdulloev (#54, 18.11.09).
The author describes a legal trial, which he had to go through since 2008. The case was initiated by the chairman of the Rushan district, following Khosabekov’s publication in the Asia Plus weekly (#2, 2008). Khosabokov stated that the Supreme Court considered his complaint superficially and gave him an unsatisfactory answer.
“Despite the verdict of the Supreme court, the Rushan district court accused me of libel and defamation of an official representing a construction company in GBAO and brought an indictment according to Articles 220-222, 223”, — said Khosabekov.
2. Violation of professional rights
19 November
Munavvari Munavarzod, freelance journalist, Dushanbe
Munavvari Munavvarzod, a journalist who worked for the Tajik branch of Radio Liberty (Radio Ozodi) approached the head of the Radio Liberty Tajik and Uzbek service, Sojidai Morzo. The Tajik weekly Ozodagon (#46, 19.11.09) published this letter.
Munavvarzod asked the supervisor about the reasons for not prolonging the contract, and explains why he decided to publish his letter in the Tajik weekly – because he had not received a response to his previous two letters.
The author of the open letter states that his dismissal was ungrounded and illegal.
III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS
1. Protection of honor, dignity and business reputation
1 November
Paykon weekly, Dushanbe
N. Nuraliev, head of the Tajik Education Ministry’s press center published an article in the Paykon weekly, stating that the author of an article “An anti-crisis project” Isfandior Khalilov has gone beyond the limits of professional media ethics.
Nuraliev says that the article is full of accusations and hatred. “The real professional must be impartial; he cannot defame the people he criticizes”, — he says.
The Ministry of education confirmed its desire to further cooperate with Paykon and other Tajik printing media.
12 November
Social Party of Tajikistan (SPT), Dushanbe
The Tajik Social Party issued an official statement saying that “in the last three years, especially during 2009, there have been many biased and preconceived publications in the media misleading the society, members and supporters of the party, undermining its image on the eve of elections”.
M. Nazriev, one of the party functionaries refers to publications in the Millat, Nigokh, and Ozodagon weeklies. In particular, he refers to the fact that the papers present Mr. A. Gafforov as the chairman of the party who attends all public events involving international organizations and representatives of the diplomatic corpus. “Back in 2000, Gafforov was dismissed from the party for embezzlement and other violations”, — the statement says
19 November
Zafar Yusufi, freelance journalist, Dushanbe
Frelance journalist Zafar Yusufi (Ozodagon weekly, #46, 19.11.09) says in his article that the video clips on HIV protection run on the Tajik television are not in compliance with “the oriental mentality”. “These videos demonstrate indecencies”, — he says. — “I wonder if the TV officials watch them in the presence of their children and parents”.
Yusufi accuses the Tajik television of impudence and promotion of immoral way of life. He asks why the Tajik TV wouldn’t try to tackle the issues of malnutrition among the Tajiks, or protection of rights among our labor migrants working abroad.
19 November
State news agency Khovar, Dushanbe
The Ozodagon weekly (#46, 19.11.09) publishe an article titled “Khovar versus Turajonzoda?), referring to political experts who discuss the problem of “dirty games” between and among the Tajik political parties. The article says that the insulting statements against Khoji Akbar Turajonzoda and Mukhiddin Kabiri were made via the Khovar government news agency deliberately by unknown individuals.
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