Appeal of the participants of the National Scientific-Practical Conference “Implementation of the Media Legislation in Tajikistan”

Dushanbe, 28 February 2008

Dear Mr. President,
We, the participants of the National Scientific-Practical Conference “Implementation of the Media Legislation in Tajikistan” that took place on 28 February 2008 in Dushanbe, fully support your policy targeted towards the creation of a democratic and secular State and the construction of a civil society. Due to your participation and support, more than 10 media laws have been endorsed; these laws facilitate to appropriate and democratic development of the media sector.
Of course, the laws are not dogmas, and along with the development of the country and the mass media, the legislation must improve. Regrettably, the incorrect implementation of many of these laws, and, at times, poor application of the legislation enables a negative influence of the foreign media on Tajik citizens. Taking this situation into consideration, we apply to you, Mr. President, and to Majlisi Oli (Parliament), to the Government of Tajikistan, to the Constitutional Court, and to the Supreme Court of the Republic of Tajikistan with the following proposals:
1. In view of inactivity, non-transparency of activities, non-compliance with requirements of the legislation of the democratic Tajikistan, taking into account the constitutional provision of equity of all media entities, to oust the Licensing Commission from the Committee on Radio and Television under the government of the Republic of Tajikistan. To transform this Commission into the Council on Licensing of TV and Radio entities under the President’s Office. The Council should comprise representatives of the President’s Office, Majlisi Oli, the Supreme Court, and organizations protecting interests of the mass media.
2. Majlisi Oli should make comments on the concepts of “criticism” and “insult”, which exist in the legislation of the Republic of Tajikistan.

3. The Constitutional Court should define the compliance of the media bylaws with the Constitution, laws of Tajikistan and the international legislation.

4. In view of the non-compliance with the legislation of the Republic of Tajikistan, to amend the Resolution of the Plenary Session of the Supreme Court #8 dated 4 June 1992 “On practical application of the legislation on protection of honor and dignity of individuals and organizations”.
5. The government of Tajikistan – taking into consideration its rights on lawmaking, and also considering peculiarities of media activities – should establish the terms of response to applications from journalists about provision of information within as “within three working days”. The draft law on access to information should establish administrative responsibility for violation of provisions of the law on access to information.
Dushanbe,
28.02.2008

NANSMIT