In December 2011, the NANSMIT Monitoring Service received 18 reports. Thirteen of them describe the factual situation in the media in the light of socio-legal and political environment; four 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

12 December
Sukhrob Shariopov, Director, President’s Strategic Research Center, Dushanbe

On 9 December, in Dushanbe, at the presentation of a sociological survey on perception of corruption in the Tajik society, Sukhrob Sharipov stated that the mass media should be more active in countering this phenomenon.

“Within the framework of this study, we analyzed the content of publications in various printing outlets and came to the conclusion that the problems of corruption are covered insufficiently,” — said Sharipov.

The directors of the government think tank also mentioned a possibility of mobilizing online resources and use the Internet as a tool for public awareness campaigns and fighting against corruption.

2. Factual situation in the media

14 December
Nigokh weekly, Dushanbe

On 14 December 2011, the information-political weekly Nigokh celebrated its fifth anniversary. The newspaper was founded by the chairman of the public organization INDEM Saimudin Dustov. The well-known Tajik journalist Nurali Davlat was the first editor of Nigokh. These two persons managed to gather a team of young and talented authors.

These five years have been pretty challenging. The authorities tried to shut down the paper, but Nogokh would always come off with honor from such situations. Other media professionals helped Nigokh survive; in 2010, Tajik journalists created the 29 September Committee to protect their civil and professional rights when the government cramped down upon several media.

Nigokh remains adherent to its motto: “Objective information and professional analysis for active citizens”.

21 December
Kosimi Bekmukhammad, Dushanbe

“Sticking to the principles of political correctness would protect Tajik journalists and the media they work for from troubles – since some statements in publications could become grounds for lawsuits initiated by influential persons and government officials”, — says Kosim Mukhammad in his article “Political correctness and the winter” (Nigokh, #40, 21.12.2011).

The author also indicates that some rude remarks about Russia and Uzbekistan are probably caused by accusations and ideological attacks of these two states’ media against Tajikistan.

28 December
Radio Free Europe / Radio Liberty

Radio Ozodi (RFE/RL) launched an article titled “In 2011, the Tajik independent media replaced the opposition”. Observers state that the growing pressure on the media, limited access to information and the cancellation of regular press conferences in every government agency (by the president) have forced media professionals to be more vigilant, active and audacious in their work.

28 December
Johann Bir, Reporters Without Borders, Paris

Radio Ozodi quoted Johann Bir, head of the Europe and Central Asia division of the press freedom organization Reporters Without Borders as saying that in the foreseeable future and in conditions of the absence of the real political opposition in Tajikistan, the Tajik media can become a serious force.

29 December
Nuriddin Karshibaev, Chairman, NANSMIT

The Tojikiston weekly (#52, 29 December 2011) quoted Nuriddin Karshiboev, chairman of the Tajik National Assiciation of Independent Mass Media (NANSMIT) speculating on the issues of political correctness in the national press.

Karshiboev said that NANSMIT has conducted its own study оn this issue. The analysis shows that many Tajik media produce emotional articles instigating national or ethnic enmity. Such articles are quite dangerous for the multiethnic country.

3. Legal amendments and changes affecting the media

14 December
All media

The Ministry of Culture demands all mass media acting as a structural unit of any company, enterprise, etc. to reregister. According to the Millat weekly (#50, 14 December 2011), this initiative of the government has forced Tajik media professionals and entrepreneurs to get together to discuss the problem and develop a potential solution. The Ministry of Culture sent a letter to editors and publishers saying that the initiative was launched by the Tax Committee, which refers to the law “On printing and other mass media” obliging every editing board to register as an individual company. Otherwise, they will be considered illegitimate.

Experts say that the existing media law was adopted as an ideological document in the early 1990-s. It is in conflict with many laws including the Civil Code, which defines organizational and legal norms for any entity. Thus, the media law cannot be seen as the main document in this controversial issue. A similar opinion was recently expressed by Mr. Salimzoda, chairman of Majlisi Namoyandagon, Majlisi Oli. Salimzoda said that the new draft law is on its final stage of development, and it will be adopted in the near future.

4. Journalists protecting their civil and professional rights

3 December
All media, Khujand, Sughd province

On 3 December, in the northern city of Khujand the National Association of Independent Mass Media helped organize the first session of the Club of Sughd Journalists.

The Club of Sughd Journalists is an informal public unit comprising media professionals dealing with analysis of freedom of speech in Tajikistan’s Sughd province. The Club develops recommendations to improve the quality of media reporting.

Nuriddin Karshiboev, chairman of NANSMIT said that the Club is an independent social group of journalists acting on the basis of corporate interests. The Club is open for all journalists from both state and private mass media, as well as for university students.

9 December
All media, Dushanbe

On 9 December 2011, the Union of Journalists of Tajikistan held a round table session on the topic “Is reregistering of the media needed in Tajikistan?” Editors of leading periodicals, representatives of media organizations, the parliament deputies, officials from the Tax Committee, Prosecutor General’s Office and the Ministry of Culture attended the session.

Referring to the existing law on “Printing and other mass media”, the Tax Committee has approached the Ministry of Culture asking all Tajik periodicals to reregister as “individual legal entity”.

Participants of the round table asked the authorities to reconsider their initiative to avoid incorrect interpretations. The request is written in a letter to the chairman of the Tax Committee under the government and to the Minister of Culture.

16 December
All media

Problems of legal protection of Tajikistan’s mass media were discussed at a round table organized by the Media Alliance of Tajikistan (MAT) on 16 December.

According to the Secretary General of MAT Khurshedi Atovullo, in 2010, five legal claims against the Farazh weekly were presented to courts. It is getting more and more difficult to hire a lawyer who knows the legal specifics of working with the media.

Atovullo says that attorneys often perform the role of mediators between the judge and the conflicting parties.

Participants of the round table suggested to create a special foundation to support the media and journalists and to unite legal experts working in the media sphere.

II. VIOLATION OF PROFESSIONAL RIGHTS

1. Impediments to professional activities

4 December
Social-Democratic Party of Tajikistan, Dushanbe

On 4 December, the Social-Democratic Party of Tajikistan held its XII Congress. The Tajik journalist Abdulazim Abduvahhob was not admitted to the conference hall of SDPT. The Party leader Rakhmatillo Zoirov told the journalist that the media were not expected at the Congress and journalists could impede the discussion of important issues.

2. Appeal on question of law

2 December
Reporters without Borders, Paris

On 1 December, the international human rights organization Reporters without Borders expressed discontent with the decision of the Tajik Supreme Court regarding the case of Urunboi Usmanov, the BBC correspondent in Tajikistan.

The RSF press release on that is available here: http://www.eng.nansmit.tj/news/?id=797

7 December
Makhmadyusuf Ismoilov, correspondent, Nuri Zindagi

Detailed information is in the following press release: http://www.eng.nansmit.tj/news/?id=798

3. Censorship

24 December
Orzu Isoev, correspondent, Radio Imruz, Dushanbe

The former correspondent of the state TV Safina channel and, at present, correspondent of Radio Imruz Orzu Isoev told Radio Ozodi (RFE/RL) that he could not cover a whole range of topical issues while working for the government television.

Among the banned topics were legal persecutions of journalists in the country. Isoev indicates tough censorship ruling in the state media.

III. CONFLICTS, VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

12 December
SSSR, private newspaper, Dushanbe

On 11 December 2011, the editor of the SSSR weekly Sayofi Mizrob told the media that the mayor of Kulyab Khamid Abdulloev and the head of Khatlon province administration Gaibullo Afzalov filed a lawsuit against his newspaper.

On 1 September, SSSR published a photo essay titled “Kulyab of XXI century with donkeys of the II century”. The newspaper wanted to show the existing urban problems in the city where people have no access to clean water. The city and province administrations decided that the publication defames their personal honor and dignity.

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

DUSHANBE — Huge billboards urging people to denounce corruption have been prominently placed in front of two Tajik universities this month, RFE/RL’s Tajik Service reports.

The billboards, in the capital, Dushanbe, depict two hands: one extended hand offering cash with another hand rejecting the apparent bribe by pushing the money back.

«We Say NO to Bribery in the Education Sector,» read the billboards, which appeared ahead of the winter exam season at Tajik universities.

The billboards were prepared by Tajikistan’s anticorruption agency along with the Dushanbe offices of the UN Development Fund and Britain’s Department for International Development.

Corruption is rampant in Tajikistan, and the country’s education sector is particularly notorious for its widespread bribery.

Several students at Tajikistan’s National University (TNU) told RFE/RL that some professors demand a bribe in order to pass a test and there is even a concrete price for each exam and test, ranging from 30 to 100 somonis (approximately $6-$20).

In a recent meeting with students at TNU, Education Minister Abdujabbor Rahmonov admitted that bribery exists in Tajik universities. But he blamed the students’ parents for the problem.

«It’s common knowledge which professors at which schools accept bribes,» Rahmonov said. «It wasn’t like this before. It’s the parents’ fault. I personally heard some of them saying they would agree to pay a bribe as long as their children pass their exams.»

TNU student Abubakr Mulloev told RFE/RL that he hopes the anticorruption billboards will prompt students and professors to think twice before giving or receiving bribes.

Mulloev said «many university professors — although not all of them — have let students know how much their exams and tests will cost.»

Tajikistan is ranked 152 in the 2011 Corruption Index of Transparency International, a body that annually ranks countries on their perceived levels of corruption.

http://www.rferl.org/content/anticorruption_billboards_erected_tajikistan/24438555.html

Press Release
19 December 2011

Participants of the round table “Political correctness in the Tajik mass media”, have discussed the issues of political correctness in Tajikistan and stressed that the political correctness implies an unconditional advantage of the conventional rights and freedoms in the society and in the state versus individual advantages any party.

Studying the experience of Kazakhstan and Kyrgyzstan in dispute resolution involving elements of political correctness, we have come to the conclusion that the mass media should become conductors of the rules of correct behavior, implementers of civilized procedures protecting from deviations in attempts to resolve political problems.

Along with that, it was noted that observance of the principles of political correctness should not restrict the freedom of expression. Stressing the importance of legal and ethical impact of political incorrectness in the media, participants of the round table have developed the following recommendations to the media community and the government institutions:

— To continue studying various aspects of political correctness in Tajikistan’s mass media;
— To adopt the international standards of political correctness in daily practice among Tajik media professionals;
— To develop procedures protecting the media from political incorrectness of any public structures;
— To develop a list of “undesirable words” based on the principles of political correctness;
— To restrain from affiliating criminals to any nation, ethnicity, religion, etc;
— To restrain from mentioning nationality in criminal reports in the media.

http://nansmit.tj/news/?id=2347

REPORTERS WITHOUT BORDERS/ REPORTERS SANS FRONTIÈRES
Press release/ Communiqué de presse

English: http://en.rsf.org/tadjikistan-two-journalists-convicted-but-free-14-10-2011,41203.html
Français: http://fr.rsf.org/tadjikistan-deux-journalistes-independants-en-14-10-2011,41200.html

TAJIKISTAN: Tajik journalist spared punishment in partial court victory
Reporters Without Borders is relieved that the journalist Makhmadyusuf Ismoilov has been spared any penalty in the case brought against him over his investigation of alleged corruption by local officials, but calls again for a review of the verdict and full recognition of his innocence.

The regional court in the northern province of Sughd yesterday upheld a decision by a lower court in the north-western city of Taboshar which found him guilty of defamation, insult and inciting hatred (see below).

However, in view of a recent amnesty he was spared the penalties originally imposed by the lower court, consisting of a fine of 35,000 somoni (approximately 5,400 euros) and a ban on practising his profession for three years.

“We are pleased that the pressure on Makhmadyusuf Ismoilov has at last eased to some extent, but we deplore once again the hypocrisy of the legal system in this matter,” the press freedom organization said.

“As in the case of BBC journalist Urinboy Usmonov (see below), it is trying to save face. However, it must not be forgotten that the journalist spent 11 months in custody as a result of the investigation. We fully support the action of his lawyers who are preparing to appeal to a higher jurisdiction to seek the acknowledgment of their client’s innocence.”

http://en.rsf.org/tadjikistan-two-journalists-convicted-but-free-14-10-2011,41203.html

Reporters Without Borders deplores yesterday’s decision by the Tajikistan Supreme Court to uphold the conviction of the BBC journalist Urinboy Usmonov (Урунбой Усмонов) for contacts with a banned Islamist organization.

“By persisting in this absurd verdict, the legal system has once again proved its lack of impartiality,” the press freedom organization said.

”The main effect of this decision is to intimidate journalists who hope to cover the activities of Hizb-ut Tahrir and the anti-religious activities of the Tajik government.

“However, they will not get rid of the problem by imposing a black-out. We urge the judicial authorities to take this final opportunity to acknowledge the innocence of the BBC correspondent and to allow the press to do its work.”

The Supreme Court confirmed a three-year sentence imposed on Usmonov by a lower court on 14 October for having contacts with the Islamist party Hizb-ut Tahrir. He was immediately pardoned and released after his case led to international protests and he decided to appeal against his conviction.

He had been covering the trials of Hizb-ut Tahrir members at the request of his editors.

His lawyer, Fayziniso Vohidova, told Reporters Without Borders further recourse might still be available at home.

“As soon as we receive (yesterday’s) decision, we shall lodge an appeal with the presidium of the Supreme Court. This is composed of the highest judicial authorities, such as the president of the court and the attorney general. It has oversight powers which can be used to overturn the verdicts of Supreme Court bench.

“However, that can take time since there is no legal deadline specified. If the presidium again upholds the conviction, we are resolved to take the case to international law.

Another journalist convicted at the same time, Makhmadyusuf Ismoilov (Махмадюсуф Исмоилов), a correspondent for the newspapers Nuri Zindagi and Istiklol who has also appealed to the Supreme Court, has been remanded in custody for almost a year because of his investigations into corruption among local officials.

He was released on 14 October, but was fined 35,000 somoni (5,400 euros) and banned from practising his profession for three years on charges of libel, insult and inciting hatred.

Reporters Without Borders asks the Supreme Court to acknowledge his innocence as soon as possible.

http://en.rsf.org/tadjikistan-two-journalists-convicted-but-free-14-10-2011,41203.html

Following a diplomatic faux pas that enraged Russia, the knives seem to be out for Tajikistan’s long-time president, Imomali Rahmon. Various media outlets in Dushanbe have carried harsh commentaries concerning Rahmon’s administration in recent days, presenting an unusual and serious challenge to top authorities in Dushanbe.

The trigger for the media barrage was the Tajik government’s embarrassing confrontation with Moscow earlier in November. After sentencing two Russian charter airline pilots to 8½-year prison terms for smuggling spare engine parts, Dushanbe suddenly backtracked and released the pair when Moscow responded by rounding up Tajik migrant workers for deportation. The Kremlin’s fury could have had devastating consequences for the Tajik economy, which depends on migrant remittances for up to 40 percent of GDP. On Internet chat rooms and in taxicab gossip, Tajiks appeared shocked at the way their government handled the situation.

In their November 23-24 editions, the weeklies Asia-Plus, Nigoh, Ozodagon, Millat, along with the Avesta news agency, carried commentaries that catalogued how widespread corruption and nepotism are reportedly driving the country toward economic and political collapse. Ignoring ongoing libel suits that threaten to shut down several of the papers, editorials called for limits on Rahmon’s powers. They also called for the replacement of the president’s top advisers. Although media outlets were careful not to attack the president directly, which is illegal, these boundary-pushing commentaries grabbed public attention in a country where the government maintains strict control over the press.

“The president must replace the personnel in the top echelon of power; otherwise, the latter will ‘unseat’ the president,” opened a 2,200-word editorial in Asia-Plus.

The commentaries took particular aim at ambitious and expensive government plans to construct the world’s tallest hydropower dam, Rogun. Last year, the government strong-armed most Tajiks into making “voluntary donations” – by withholding civil servant’s salaries and students’ stipends – without providing information on how the money is being used.

Rakhmon “does not have a real program to lead the country out of crisis,” said a commentary published by Nigoh. “The nation’s wealth is being distributed among certain groups existing under the aegis of the government, which enjoy immunity from judicial prosecution.” The apparent unfairness of the justice system is causing “massive popular indignation,” said Asia-Plus, one of the most popular news outlets in the country. Of 7,491 defendants tried in criminal cases last year, only two were acquitted, according to the report. “Citizens of Tajikistan do not believe in the purity and independence of the judiciary,” it said.

The Russian pilots’ scandal and the shocking breakout last year of 25 high-profile prisoners, including alleged members of a militant Islamic group, from the State Committee for National Security’s remand center, located a stone’s through from the president’s office, “demonstrate an acute personnel and intellectual crisis,” Asia-Plus quoted Abdugani Mamadazimov, the chairman of the Tajik Association of Political Scientists, as saying.

Members of Rakhmon’s family and top officials from his home province have amassed great wealth under his leadership while the rest of the country sinks deeper into poverty, Nigoh and other commentaries complained.

Since gaining independence in 1991, Tajiks have heard regularly about multi-million-dollar grants from international development agencies, but see no real changes, lamented Asia-Plus. Instead, in the latest United Nations Human Development Index, Tajikistan slipped 15 positions, to 127 out of 187 countries surveyed – the lowest score for any post-Soviet republic. Meanwhile, the government offers young people no option other than to become labor migrants in Russia, an Asia-Plus commentary asserted. “Our schools train slaves,” it said.

Asia-Plus editor Marat Mamadshoev described the media assault as a grassroots reaction to widespread fear that Tajikistan is approaching “the point of no return.”

“The simultaneous publication of articles with similar contents and concerns in several Tajik outlets has nothing to do with a conspiracy. The Russian pilots’ case, followed by the mass deportation of Tajik labor migrants from Russia, has become the last straw that broke the camel’s back. Tajikistan is rolling down a hill,” he told EurasiaNet.org.

“There is fatigue in society. The people are tired of hypocrisy and the authorities’ idleness,” Mamadshoev added.

Asked if the journalists could expect punishment for their bold commentaries, Nuriddin Karshibaev, chairman of the National Association of Independent Media (NANSMIT) said the situation is too tense for officials to take revenge. “The authorities must learn a lesson. The media in Tajikistan are not very strong, but such audacious publications are another sign, even an alarm, indicating concern and the mood of society.”

“There is no need for a witch-hunt,” Karshibaev added, asked if the media onslaught might provoke memories of Russian meddling in the 2010 downfall of President Kurmanbek Bakiyev in neighboring Kyrgyzstan. When Bakiyev angered the Kremlin, the Russian media began bashing him and comparing him to famous historical despots, which opposition groups in Kyrgyzstan took as a sign of support. He was unseated within weeks.

Karshibaev sees no parallel. «The media are expressing what they have to express,» he said.

Editor’s note:
Konstantin Parshin is a freelance writer based in Tajikistan

Konstantin Parshin, EurasiaNet.org

Источник: http://www.eurasianet.org/node/64600