In November 2011, the NANSMIT Monitoring Service received 21 reports. Seventeen 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 one report describes a conflict and accusations against the media and journalists.
I. 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
Emomali Rakhmon, President of Tajikistan, Dushanbe
Speaking at a meeting on the occasion of the 17-th anniversary of the national Constitution, the President of Tajikistan Emomali Rakhmon stressed the importance of the fundamental law guaranteeing rights and freedoms of citizens.
8 November
Shukurjon Zukhurov, chairman of the lower chamber of the Tajik parliament
Chairman of the lower chamber of the Tajik parliament noted that the introduction of changes and amendments in Tajikistan’s Criminal Code and the adoption of the law “On access to information” have improved the situation in the area of freedom of speech and expression. Zukhurov made this remark on 8 November speaking at the session of the parliament.
2. Actions of officials defining the factual situation in the media
2 November
Angelika Graf, Head of the human rights division, German Bundestag, Dushanbe
On 2 November, the delegation of the German Bundestag human rights committee met with representatives of the Tajik media organizations in Dushanbe. The meeting was one in a series of similar sessions with the civil society where German parliamentarians discuss the issues of freedom of speech and expression in order to develop a strategy to support the observation of human rights.
4 November
Abdurakhim Kakharov, Minister of Interior and Dunja Mijatovic, OSCE envoy of media freedom, Dushanbe
On 4 November, special representative of OSCE on media freedom Dunja Mijatovic met with the Tajik Minister of Interior Abdurakhim Kakharov.
The parties discussed the issues of freedom of speech and expression in Tajikistan.
According to the Interior Ministry press service, Ms. Mijatovic expressed concern over the frequent cases of persecution of journalists and the media by the Tajik law enforcement agencies.
The Interior Minister assured the OSCE envoy that the cases in question are not related to journalists’ professional activities; they are caused by other violations of law.
4 November
Khamrokhon Zarifi, Foreign Minister and Dunja Mijatovic, OSCE envoy of media freedom, Dushanbe
On 4 November, the special OSCE envoy of media freedom Dunja Mijatovic met with the Tajik Minister of Foreign Affairs Khamrokhon Zarifi.
The parties discussed the issues of cooperation in the area of support to mass media and improvements of Tajikistan’s media legislation.
Mr. Zarifi told the guest about the government’s commitment to the obligations assumed within the framework of OSCE treaties and agreements.
Ms. Mijatovic informed the Minister about the OSCE initiatives targeted to promotion of the freedom of expression and shared information about the perspectives of development between OSCE and Tajikistan in this area.
4 November
Olim Salimzoda, chairman of the Tajik parliament committee and Dunja Mijatovic, OSCE envoy of media freedom, Dushanbe
On 4 November, the special OSCE envoy of media freedom Dunja Mijatovic met with Olim Salimzoda, head of the Tajik parliament committee on international affairs, public organizations and information.
The parties discussed the issues of the freedom of speech and interactions between the parliament and the media.
The parliamentarian informed the guest about a working group created for discussion of the draft media law. This group closely cooperates with the Tajik media community.
10 November
Abdukhalil Rajabov, Council of Justice
Abdukhalil Rajabov, head of the court supervision unit under the Tajik Council of Justice told Asia Plus weekly on 2 November that by 2013 Tajikistan should have accomplished the process of humanization of its legislation. The process is implemented within the framework of the judicial reform for the period of 2011-2013 endorsed by the President’s decree in January 2011.
Rajabov noted that the new and amended legislation should contain new provisions decriminalizing a number of criminally punishable acts, i.e. redefining certain acts from criminal into administrative or disciplinary ones.
In other words, it is suggested to decrease the number of actions for which citizens bear criminal liability.
23 November
Kokhir Rasulzoda, head of the Sughd province administration, Khujand
On 23 November, the chairman of Sughd province Kokhir Rasulzoda met with the correspondent of the Nuri Zindagi weekly Makhmadyusuf Ismoilov who was convicted for his critical publications. Muhabbat Juraeva, Ismoilov’s lawyer was also invited to take part in the meeting.
According to Juraeva, the official asked questions about Ismoilov’s state of health, and offered assistance.
The head of the Sughd province administration promised to set up a special investigation commission to study the issue. The commission will be in charge of verifying the facts described in articles published by Ismoilov, particularly on illegal distribution of land plots.
2. Factual situation in the media and freedom of speech
2 November
Nuriddin Karshiboev, chairman, NANMSIT, Dushanbe
The chairman of the Tajik National Association of Independent Mass Media Nuriddin Karshiboev told representatives of the German Bundestag that there have not been any essential positive changes in the area of the freedom of expression in Tajikistan in the last 2-3 years.
Karshiboev noted the frequent cases of persecution of journalists for their professional activities by the Tajik law enforcement agencies. “The main reason is lack of tolerance among public officials to criticism. Very often, they see criticism as an attempt upon their power”, — he said.
Chairman of NANSMIT also expressed concern over the new draft media law. The document has been under discussion for more than a year, but no significant results have been received so far.
23 November
Nigokh weekly, Dushanbe
The Tajik private weekly Nigokh published an article titled “Does the Tajik TV have its own audience?”.
There are four state TV channels and more than 20 private television companies in Tajikistan. According to the State Broadcasting Committee, 90 percent of the population watches the state television; 70 percent of this audience resides in rural areas. Television is seen by the authorities as an important ideological tool.
However, many observers say that the Tajik official television has not undergone any significant changes ever since it was created in the 1950-s. Contemporary realities require new approaches, and the Tajik official broadcasting is far from perfect in this sense.
Nigokh indicates that – despite the statements of the Tajik Broadcasting Committee – the ordinary people in Tajikistan prefer watching foreign TV channels through satellite receivers.
4. Journalists protecting their civil and professional rights
21 November
All media, Dushanbe
ON 21 November, the Tajik National Association of Independent Mass Media, the Union of Journalists of Tajikistan and the Media Alliance of Tajikistan issued a joint statement calling the journalists to restrain from using the language of enmity and urging them to observe the principles of political correctness in their publications about labor migration and interethnic relations.
The statement says that this issue is very topical, especially in the light of the recent deportations of the Tajik labor migrants from Russia and the extreme politicization of the situation.
“Regrettably, the situation has gone out of the legal field; it is being discussed in the media and in social networks. Rude statements and extremist instigations are being made in posts and articles. All these lead to nationalistic and xenophobic moods in both the Russian and Tajik societies, which is for the benefit of destructive geopolitical players”, — the statement says.
24 November
All media, Dushanbe
On 24 November, the Union of Journalists of Tajikistan held a round table on the topic “Journalists and confidential sources of information – conflict of interests or imperfect legislation?”. The session was supported by the Internews Network office in Tajikistan under financial support of the US Agency on International Development (USAID).
The UJT executive secretary Pulod Nurov told NANSMIT that the issue of confidential sources of information is quite topical for Tajikistan, especially in the light of legal persecution of journalists and the media they work for. In the course of preliminary investigation, law enforcement agencies demand to reveal the source of information from editors and correspondents. Such actions are seen in the media community as an attempt to limit the legal right of non-disclosure. Many experts consider that the existing problems are caused by shortcomings in the national media legislation.
28 November
All media, Dushanbe
On 28 November, the Tajik-Russian Slavic University jointly with the Union of Journalists of Tajikistan and NANSMIT organized a conference “Problems of development of media policies in the CIS countries”.
Participants of the conference held in Dushanbe discussed the issues of freedom of speech in Tajikistan during the period of 2005-2011, opportunities for creation of universal educational standards to train journalists in the CIS countries, influence of the Russian media within the post-Soviet space, main functions of media professionals in forming public opinion, the online information war around the problem of the Roghun hydropower plant, and the problems of information security in Tajikistan.
30 November
All media, Dushanbe
On 29-30 November, media professionals discussed achievements in the area of freedom of speech in Kazakhstan, Kyrgyz Republic and Tajikistan at the thirteenth Central Asia Media Conference. The main topic of the event organized by the OSCE Bureau in Dushanbe was “Pluralism and the Internet management”.
Independent media experts said that the freedom of speech in the region is being limited in various ways. It concerns denial of registration for non-state mass media, adoption of laws containing provisions unfavorable for the media and regular persecutions of journalists.
More than 100 journalists, representatives of public organizations, parliamentarians and scholars took part in the conference.
II. VIOLATIONS OF RIGHTS IN THE MEDIA
1. Ungrounded limitation of access to information
10 November
NANMSIT, Dushanbe
On 10 November, the chairman of NANSMIT Nuriddin Karshiboev told the Asia Plus weekly that the cancellation of quarterly press conferences by ministers and heads of other government institutions has had a negative impact on access to information.
“We have been receiving complaints from our colleagues in Sughd province saying that they cannot get access to the information, which they could previously receive at quarterly press conferences. Now, they cannot get any data from the anti-corruption agency; neither can they get it from the law enforcement agencies”, — said Karshiboev.
The chairman of NANSMIT said that a group of journalists working for local and foreign media approached the press secretary of the Sughd province administration with a request to solicit access to information.
The situation is similar elsewhere. Karshiboev referred to the correspondents of RIS Novosti and France Press who confirm the facts of limited acees to information.
21 November
All media, Khujand
On 19 November, the Tajik National Association of Independent Media organized a round table in Khujand to discuss the issues of access to information.
Journalists stressed the necessity of solving the problems related to the recent cancellation of regular press conferences. Public officials refer to the president’s decree saying that they have a duty to conduct press conferences only twice a year. At present, journalists can receive publically important data from government agencies only after a written request, and very often, such information becomes stale and useless.
The NANSMIT legal advisor in Sughd province Muhabbat Juraeva said that Article 27 of Tajikistan’s media law defines the right of journalists to receive information from state institutions, public organizations and public officials.
Participants of the round table noted that the limited access to information is having a negative impact on Tajikistan’s information security – since the population receives news from alternative foreign sources. Thus, the local media are losing people’s trust.
2. Violations in dissemination of periodicals
2 November
Millat weekly, Dushanbe
The Millat weekly (#44, 2 November 2011) published an article about the facts of forced subscription to the government newspapers Jumkhuriyat, Sadoi Mardum, Omuzgor, and other periodicals.
School teachers and university professors complain that the administrations deduct certain amounts from salaries to subscribe to government newspapers. Moreover, pedagogues usually receive only the first two-three issues.
Similar cases of forced subscription are quite typical in many government institutions and even in some private companies, which – one way or another – depend on ministries and municipal administrations.
III. CONFLICTS, VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS
1. Protection of honor, dignity and business reputation
23 November
Asia Plus weekly, Dushanbe
On 23 November, the civil case initiated by the police general Anvar Tagoimurodov against the Asia Plus weekly was closed due to amicable agreement between the parties.
According to the Asia Plus lawyer, the parties decided to close the case and the Firdavsi district court in Dushanbe agreed to accede to the request.
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