In October 2010 the NANSMIT Monitoring Service received 25 reports. Thirteen of them describe the factual situation in the media in the light of socio-legal and political environment; nine 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

4 October
Olim Salimzoda, lower chamber of Tajik parliament

“Discussing the Tajik media law at the seminar, we have better understood the concerns of the civil society about the existing legal environment, — said Olim Salimzoda, chairman of the International Relations and Public Organizations Committee of the Tajik parliament. — We intend to consider these problems with our colleagues-parliamentarians in the course of the discussion of the media legislation”.

11 October
Abdujabbor Rakhmonov, Minister of Education

The Tajik minister of education Abdujabbor Rakhmonov expressed his discontent with the coverage of education in the media.

The minister says that journalists might cover positive achievements of Tajik university students involved in serious scientific research, or internals problems in Tajik schools.

2. Factual situation in the media

4 October
Express biweekly, Dushanbe

The media holding Charkhi Gardun has released a new media outlet – Express. Director of Charkhi Gardun Akbarali Sattorov said that the new medium consists of publicly important information and commercial advertisements.

Express will be published in three thousand copies twice a week – on Mondays and Thursdays in Tajik and Russian languages.

The newspaper is registered in the Ministry of Culture.

15 October
Reporters Without Borders

Reporters Without Borders deplores the offensive that the Tajik authorities have launched against media critical of the government, in which several newspapers have been forced to stop printing and access to many websites has been blocked.

In an open letter published by the official news agency Khovar on 4 October, defence minister Sherali Khairullayev accused 17 newspapers that covered an attack by militants (possibly the Islamic Movement of Uzbekistan) on an army convoy in the eastern Rasht valley on 19 September of “complicity with the terrorists” and “committing a grave crime.”

Despite protests from the newspapers and from press freedom defenders such as Nuriddin Karshiboev, the head of the National Association of Independent Media of Tajikistan (NANSMIT), the authorities are continuing their attacks on the media.

Referring to the 1992-97 civil war, President Emomali Rakhmon accused “certain media” on 5 October of “taking their example from the 1990s and being bellicose.” Warning them against just seeking “sensationalism,” he added that “hoping for the support of their foreign protectors will not do them any good.” Other officials such as the education minister have made similar comments. There have also been more direct forms of pressure.

A tax investigation into three newspapers, Faraj, Negah and Millat, was launched on 28 September. A similar investigation was started the next day at three companies that print these newspapers. Syavosh Hamdamov, the head of one of the companies, AToliyev Print, said it was “more of an attack than an investigation” and that his staff had been questioned about the newspapers.

“The reaction of the Tajik authorities is disproportionate and extremely damaging to the country’s image,” Reporters Without Borders said. “They may hope to demonstrate that they control the situation but the result could unfortunately be quite the opposite. “We understand that Tajikistan’s leaders are concerned about stability, as the country was torn by five years of civil war, but repressive and illegal measures will not help.”

The press freedom organisation added: “We urge the authorities to respond favourably to the dialogue proposals being made by journalists and media advocates, and to put an immediate stop to the unjustified attempts to obstruct the media.”

The heads of several news media and organisations that defend the media yesterday requested a meeting with presidential adviser S. Fatoyev to discuss the problems. At the same time, the Association of Independent Media of Tajikistan urged the defence minister to give specific examples to support his charges of complicity with the armed militants.

Several independent news websites are currently inaccessible including those of the independent news agency Avesta.tj and the central Asia news and analysis outlet Ferghana.ru, as well as Tjknews.com and Centrasia.ru. The government is suspected of ordering the blocking although it has said nothing on the subject.

According to Zafar Abdullayev, the editor of Avesta.tj, the blocking started on 29 September. He said several Internet Service Providers told him that officials had instructed them to block the sites. Since the measure has not been officially recognised, the targeted electronic media have no recourse. As their financial situation is already fragile, it could cause them significant problems.

Meanwhile, the weekly newspaper Faraj has been unable to appear for the second week running as it has not managed to find a company willing to print it. The newspaper Paykhon failed to appear on 13 October for the same reason.

Tajikstan’s already precarious independent press has long face hostility from the authorities and the tension has grown steadily since the start of this year. The new outbreak of violence linked to the war in neighbouring Afghanistan, and Tajikistan’s role in that war, has fuelled the flames. Last July, Tajikistan’s deputy mufti, Saidjon Sorbonkhodj, publicly urged the government to close all the independent newspapers, blaming them for the anti-government criticism and protests and singling out Faraj and Paykhon.

The newspapers that have criticised the defence ministry’s military operations include Asia Plus, Faraj, Ozodagon, Negah, Paykon, Fakty i Kommentarii, Sobytia, Bizness i Politika, Tojikiston, Digest Press and Charikhi Gardun.

3. Amendments to legislation and new draft laws aggravating the media environment

4 October
All media, Dushanbe

Upon the accomplishment of a three-day seminar, legal experts of the Tajik parliament, representatives of the civil society and academia made proposals to enhance the existing media legislation.

The seminar supported by the OSCE office in Dushanbe was initiated by the Tajik civil society organizations in the course of discussions on the draft media law.

4. Journalists protecting their civil and professional rights

15 October
All media, Dushanbe

On 15 October, the British Institute for War and Peace Reporting arranged a presentation of its new publication for human rights organizations. The presentation was attended by media professionals, representatives of the government institutions, the civil society, international organizations and the diplomatic corpus.

The IWPR handbook for journalists containing showcases of media coverage has been translated into Russian; this book is acknowledged among the best practical guides for journalists and human rights activists.

14 October
All media

Tajik Defense Minister Sherali Khairulloev has accused independent newspapers of sympathizing with the Islamic militants who ambushed an army convoy in late August.

In an official statement issued on October 4, Khairulloev accused the media of «biased and one-sided» coverage of the August 19 attack in Rasht, east of Dushanbe, in which at least 25 Tajik conscripts were killed. He called for legal action to be taken.

Nuriddin Karshibaev, who heads Tajikistan’s Association of Independent Media, told RFE/RL that Khairulloev’s accusation is unfounded, and he should present evidence to substantiate his charges. Karshibaev said if he fails to do so, journalists will sue him for libel.

The editors of «Farazh», which was specifically cited by Khairulloev for being biased, and five other independent newspapers — «Busines i Politika,» «Fakty i Kommentarii,» «Asia Plus,» and «Paykon» — plan to leave one page blank in their next weekly editions to protest. They have appealed to other weeklies to do the same.

The independent press and the Defense Ministry have previously exchanged accusations over coverage of the Rasht attack.

Two weeks ago, state television broadcast a Defense Ministry statement criticizing initial coverage of the incident. Independent media outlets responded one week ago by protesting the criticism and demanding an apology from the ministry for «insulting the free media.»

14 October
All media

On 14 October, heads of Tajik media organizations and editors of independent newspapers sent an official letter to the Saidmurid Fattoev, the state advisor to the president on public relations and social development. The authors express concern about the ongoing pressure on independent media outlets and the limited access to particular web sites.

Heads of 14 Tajik media organizations asked Mr. Fattoev to explain the reasons for this unfavorable environment.

21 October
The Committee of 29 September, Tajik media coalition, Dushanbe

In response to repressive actions of the Tajik authorities, heads of media organizations, editors of independent newspapers and directors of human rights NGOs founded a new media coalition and called it “The Committee of 29 September”.

The committee is created in order to develop a strategy for the Tajik media community and reinstate the legal rights for further creative activities within the media environment.

The founders chose such a name for the committee because the 29 September of 2010 is a “reference mark” indicating an unprecedented pressure on the Tajik media accompanied by accusatory speeches of public officials, blockage of access to web sites and exerting pressure on printing houses.

The Committee has opened its bilingual (Russian and Tajik) blog page — http://tjk29.livejournal.com/ to publish information about its activities and actions, as well as articles and opinions.

27 October
All media, Dushanbe

On 26-27 October, the Tajik National Association of Independent Mass Media (NANSMIT) held a seminar in Dushanbe on the topic “Tajik media trade union: achievements and perspectives”.

The event was supported by the Finnish Foundation for Media, Communication and Development.

Participants got familiar with the system of media trade unions in Finland with a perspective to create a similar system in Tajikistan.

30 October
All media, Dushanbe

The British Institute for War and Peace Reporting (IWPR) conducts a series of trainings for Tajik journalists and human rights activist on new media technologies in the Internet.

The first training session was accomplished on 29 October in Dushanbe. Fifteen participants, representatives of Tajik human rights organizations and the media from Dushanbe, Kurgan-Tube, Rasht and Varzob studied social networks and new online platforms. All of them have created their own blogs, which they will use to resolve problems in the area of human rights.

The organizers of the seminars say that the new communication tools help expand the network of contacts and to keep the track of events.

II. VIOLATION OF PROFESSIONAL RIGHTS

1. Violation of freedom of information

18 October
Dunja Mijatovic, OSCE Representative on Freedom of the Media, Vienna, Austria

The OSCE Representative on Freedom of the Media, Dunja Mijatovic, said that she is concerned about recent developments limiting media access and freedom and increasing pressure on independent media in Tajikistan.

In a letter to the Foreign Minister of Tajikistan, Hamrokhon Zarifi, the OSCE Representative wrote: «The practices of blocking websites, preventing newspapers from printing and launching tax or prosecutorial inspections by the authorities are serious non-compliance with Tajikistan’s OSCE media freedom commitments.»

Since 29 September, several Tajik and foreign information websites have been inaccessible in the country. At the same time, tax inspections took place in several independent newspapers and printing houses following which the printing houses refused to print a number of independent newspapers, citing technical reasons.

In her letter to Minister Zarifi, Mijatovic raised again the pending cases against the newspapers Aziya Plus, Farazh, Ozodagon, Paykon and Millat. If the court decision to award disproportionate damages in libel lawsuits brought on by public officials are not reconsidered by the higher courts, these publications could face closure.

«If these newspapers are closed, this would severely diminish pluralism in print media in the Tajikistan,» she wrote in the letter.
«I am very concerned and hope that the Tajik authorities will take on board my appeal, recognize the importance of maintaining media pluralism and thus reverse the ongoing deterioration of the media freedom situation in Tajikistan,» said Mijatovic.

27 October
Shokirjon Khakimov, deputy chairman of SDPT, Dushanbe

“The Tajik Social-Democratic Party considers that the authorities have been applying repressive measures against the media, and only personal intervention of the president of Tajikistan would stop these troublesome trends”, — said Shokirjon Khakimov, deputy chairman of SDPT.

Khakimov reminded that, according to its international obligations, Tajikistan has abolished censorship, which is seen as an undemocratic took suppressing the media.

30 October
Foreign ambassadors in Dushanbe

The Ambassadors of the United States of America, United Kingdom, Federal Republic of Germany, and Republic of France and the Head of Delegation of the European Union expressed their concern about the current state of media freedom in Tajikistan to the Ministry of Foreign Affairs.

• They noted that three newspapers, Farazh, Paykon, and Nigoh, have been effectively shut down by being unable to print their papers, reportedly on orders by government officials.

• The Ambassadors noted that on September 29, Deputy Minister of Transport and Communications Bek Zuhurov ordered all major Internet service providers to block access to five independent media websites, Tojnews.tj, Avesta.tj, Tjknews.com, Centrasia.ru, and Ferghana.ru.

• They cited public statements by senior government officials attacking independent media outlets.

• The Ambassadors expressed concern that on September 3 Qamar Ahror from Radio Ozodi and Tilav Rasulzoda from the Ferghana information agency were detained in Khujand while trying to report on the terrorist attack against a police station and had their photographs deleted.

• They noted that libel cases against Asia Plus, Farazh, Ozodagon, Paikon, and Millat for publishing articles critical of the government remain active.

These incidents reflect a deteriorating climate for independent media in Tajikistan. The Ambassadors called on the Government of Tajikistan to live up to its OSCE commitments to freedom of the press and information. Specifically, the government should not interfere with the printing of newspapers and should allow unhindered access to all Internet media sites. They also called for speedy and amicable resolution of the court cases against independent newspapers. They urged that the Government of Tajikistan allow journalists free access to facts so that the people of Tajikistan are not deprived of their right to information.

2. Ungrounded limitation of access to information

13 October
All media, Dushanbe

Many journalists failed to address their questions to the TV & Radio Committee under the government at a quarterly press conference. The event was scheduled for 15 October, but took place earlier, on 13 October. Most of the media had not been informed on that.

A correspondent of Asia Plus weekly who came to the Committee at 9 a.m. was told that the press conference is over – it lasted only five minutes. Asadullo Rakhmonov, head of the Broadcasting Committee told cameramen from the local TV channels that “journalists have no questions to the agency officials, and the premises are needed for another meeting.

However, journalists had many questions regarding the initiation of a criminal case against a high-ranking official of the Committee arrested on alleged bribetaking in the amount of $30 thousand, and the recent arrest of Khusnigul Daminova, a former employee of the State TV & Radio Committee.

11 October
Online media, Tajikistan

A number of web sites, both domestic and foreign were blocked for several days for Tajik online users. Among them are Ferghana.ru, Centrasia.ru and Tjknews.com. Chair of the Tajik Association of Internet Providers Parvina Ibodova told the Asia Plus that all Internet providers received a letter signed by the Minister of Transport and Communication Beg Zukhurov with a direct order to block access to these web sites.

According to Ibodova, the first verbal orders were received on 5-6 October. The providers t received no response from the officials.

Ibodova also says that the Internet providers are dependent on the Ministry in terms of technical facilities and policies, and they cannot counter the government agency.

26 October
Rakhmonali Khasanov, Ministry of Transport and Communications, Dushanbe

According to the Asia Plus weekly, which quoted Rakhmonali Khasanov, an official representing the Ministry of Transport and Communication, access to certain web sites is caused by technical reasons, which are being fixed.

The official failed to explain why “technical problems” have caused the blockage of only “particular web resources” while access to others is open.

30 October
Avesta.Tj, independent information agency, Dushanbe

The Tajik State Unitary Aluminum Enterprise, a direct subordinate to the head of the Tajik government ignores the national laws and orders of the president, thus delegating its responsibilities to the president.

Avesta sent a request to the company asking who is the manager of the Tajik Aluminum Enterprise’s “offshore daughter”, namely the Talco Management Ltd. According to the international audits, this offshore affiliate is controlled by the Tajik government, i.e. by Emomali Rakhmon. Avesta also required information about all offshore companies stealing the Tajik aluminum, and who controls those entities.

3. Violations of economic rights of the media

14 October
Farazh weekly, Dushanbe

Publication of the Tajik-language newspaper Farazh is temporarily terminated, and 25 employees are sent to vacation without pay.

Chief editor of Farazh Khurshed Niyozov told the Asia Plus weekly that the printing house refused to print the newspaper.

Two printing facilities – Oila Print and Intishor explained that they both have technical problems.

Niyozov approached another printing facility – Sharki Ozod – owned by the government, but they also referred to “technical problems”. “This is the evidence that the printing houses received “an order from above”, — said the editor.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Allegation of bribery

1 October
TV & Radio Committee, Tajik government, Dushanbe

A high-ranking official from the Tajik TV & Radio Committee under the government is suspected in bribery.

According to the Tajik law enforcement agencies, a Tajik Broadcasting Committee’s official allegedly received a bribe in the amount of $30 thousand.

2. Accusation of assistance to terrorists

4 October
Sherali Khairullaev, Minister of Defense, Dushanbe

The Tajik Minister of Defense Sherali Khairullaev accused journalists of assistance to terrorists in relation with publications about the military operation in Rasht valley.

The Minister’s statement published by the Tajik state news agency Khovar on 4 October says that “journalists do not think that the “patronage of terrorists” is nothing but assistance to them; supporting [the terrorists] journalists commit a grave crime”.

“In their publications, journalists describe failures and shortcomings of the Defense Ministry, its commanders and soldiers, as if the authors themselves are great military experts”.

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

In September 2010 the NANSMIT Monitoring Service received 19 reports. Fourteen of them describe the factual situation in the media in the light of socio-legal and political environment; two reports describe direct violations of rights of media professionals; and three reports describes 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

27 September
All media, Dushanbe

“The mass media can play a significant role in protecting Tajikistan’s nature, along with efforts of the Nature Protection Committee under the Government and the National UNESCO Commission”, — said Karomatullo Olimov, chairman of the UNESCO Commission. This statement was made at the training session for Tajik journalists on the issues of environment, climate change and biodiversity.

Olimov added that the media could change people’s behavior and their way of thinking, especially on the issues of efficient use of natural resources, clean water and biological diversity in Tajikistan.

2. Factual situation in the media

3 September
All media, Dushanbe

The public organization Media Consulting published the results of interviews conducted among managers of media organizations in Tajikistan. Out of 33 media outlets, 26 are private, 6 government and 1 political party newspaper. The total number of copies of all these periodicals is 180 thousand.

Almost 80 percent of media managers are not satisfied with the number of copies of their outlets; 59 percent consider that their newspapers have positive capacities; and 20 percent bear losses because of the small number of copies. The main reasons for that are the weak system of selling and the lack of professionals in their staffs.

9 September
Asia Plus, independent radio company, Dushanbe

One of the first private radio stations in Tajikistan celebrated its 8-th anniversary. Asia Plus broadcasts on the frequency of 107 FM in Tajik and Russian languages.

Asia Plus provides its audience in Dushanbe and the suburbs with hourly news, entertaining programs and socially oriented talk shows.

15 September
RTR Planeta, Russian Federal TV Channel, Dushanbe

Broadcasting of the Russian Federal TV Company RTR Planeta will be resumed in Tajikistan. According to the Tajik Broadcasting Committee under the government, the contradictions and technical problems between the Committee and the Russian broadcasters are resolved.

The agreement about the resumption of Russian broadcasting in Tajikistan was reached between the presidents of the two countries – Emomali Rakhmon and Dmitry Medvedev – on 18 August in Sochi.

Broadcasting of RTR Planeta was terminated on 2 March 2009. The Russian party failed to conclude the agreement on technical services in 2009 with the Tajik broadcasters.

RTR Planeta is the only Russian TV channel available throughout the country. Products of other Russian TV companies are available only for those who have satellite receivers. According to Tajik broadcasters, only 15 percent of Tajikistan’s 7-million population have such receivers in their houses and apartments.

3. Amendments to existing legislation and new draft laws aggravating the media environment

23 September
All media, Dushanbe

On 23 September, The Tajik National Association of Independent Mass Media organized a round table on the topic “Strengthening the media legislation for democratization”. The event was financially supported by the German Foundation of Conrad Adenauer.

Thirty five representatives of Tajik media and human rights organizations, inter alia, discussed the new draft media law.

4. Journalists protecting their civil and professional rights
16 September
Media Council, Dushanbe

On 16 September, the Tajik Medic Council discussed a complaint by the veteran of Tajik journalism A. Rakhmonkulov regarding indecent jokes published in the private weekly SSSR.

The Medic Council came to the conclusion that such publications violate a number of professional and ethical standards existing in Tajikistan. The Council addressed SSSR with recommendations to restrain from similar publications in the future.

18 September
All media, Dushanbe

Managers of the leading Tajik printing media established a cooperative of sellers and distributors of printing products.

Thirteen media managers produce about 40 newspapers. Facing the need to improve their sales countrywide, they have to reconsider their pricing policies and resolve technical problems.

This initiative is supported by the OSCE Bureau in Tajikistan and the US Embassy in Dushanbe.

II. VIOLATION OF PROFESSIONAL RIGHTS

1. Ungrounded limitation in access to information

27 September
All media, Dushanbe

On 27 September, publishers and editors of Tajik private media issued a public statement expressing a deep concern over the actions of the Tajik Defense Ministry.

“On 25 September, the Tajik government TV stations repeatedly broadcast a press conference organized by the Ministry of Defense. We consider this press conference illegal, nonobjective and preconceived. It meets no requirements of the military ethics”, — the statement says.

The Tajik media professionals criticized the Ministry, saying that the TV program was full of incompetent remarks; moreover, the statements made by the military officials go far beyond their mandates. “This is an attempt upon professional rights of journalists and a violation of the constitutional right of citizens on access to information”.

The authors of the statement also stressed that they respect officers and soldiers of the Tajik Ministry of Defense, as well as servicemen of the Tajik law enforcement agencies. However, the Ministry of Defense accused Tajik non-state media of provocation, trying to justify its own errors in the operation conducted in Rasht valley.

“We also consider that the Ministry of Defense is trying to shift the blame the independent media, whereas the latter carry out their mission in compliance with the legislation and professional ethics”.

In their statement, the editors and publishers demanded a public apology from the Ministry. “Otherwise, we will turn to our constitutional right to protect our good image and business reputation”.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

8 September
Aziz Nakibzod, Ozodagon weekly, Dushanbe

The Ozodagon weekly published an article by Aziz Nakibzod (#5, 07.09.2010), where the author criticizes the Tajik government television for primitivism and hypocrisy.

“Obviously, the Tajik TV managers think that the people are very primitive and they can easily believe in the “achievements” promoted every day, — says the author. — The population of 7 million has a 2-billion dollar debt; 60 percent of all Tajikistani live beyond the poverty line; almost all sectors of the national economy are corrupt”.

The journalist says that the “pocket television” depicts the Tajik civil war (in the 1990-s) one-sidedly to the people who witnessed and suffered from atrocities and horrors of that conflict. The author also reminds the Tajik TV managers that the criminal activities of the IRS tolling company in Tajikistan are hardly seen as “great achievements” among Tajiks.

14 September
Tajik State Information Agency Khovar, Dushanbe

The Tajik politician Khoji Akbar Turajonzoda intends to file a charge against the national information agency Khovar.

According to Turajonzoda, the article contains allegations defaming himself and his two brothers, well-known Tajik theologians. The politician also says that a number of similar articles were written against him in the 1990-s. “These publications resumed after my publication “Fairytales about the aluminum”, — he said.

Turajonzoda publically criticized the Tajik aluminum plant, the main source of export revenues for the national economy. He also expressed an opinion that “It would be better for Tajikistan if the company had a foreign owner”.

In his official statement, Turajonzoda says that he has an intention to reveal the real name of the author of that article and organizer of the “hunting”. “You and your masters – the government bodies – should know that neither myself, nor my brothers have intentions to run for president; neither do we want to become parliamentarians or ambassadors. You can keep these posts for yourself, but do not lose the sense of reality”.

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

I. 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

13 August
Abdurakhmon Abdumanonov, deputy chairman, State TV & Radio Committee under the government

The Persian service of BBC, referring to the deputy chairman of the Tajik State TV & Radio Committee reported that Tajikistan is likely to renew rebroadcasting of the Russian RTR-Planeta TV channel. The official, Abdurakhmon Abdumanonov said that the government is ready to consider this issue.

It is expected that the issue of the Russian rebroadcasting on the Tajik territory will be touched upon at the forthcoming meeting in Sochi.

The broadcasting of RTR-Planeta was terminated in early 2009 on the initiative of Dushanbe. The alleged reason was arrears of the Russian Unified TV and Radio Company – which RTR-Planeta is the part of – to the Tajik TV & Radio Committee’s technical unit.

In January, the Russian president Dmitry Medvedev in his letter addressed to his Tajik counterpart Emomali Rakhmon asked to assist in resuming the broadcasting of two Russian federal TV channels – ORT and RTR-Planeta.

2. Amendments to existing legislation and new draft laws aggravating media situation

10 August
All media, Dushanbe

“Tajik journalists should be more active in the discussion of the draft law “On printing and other mass media” in order to use the chance and improve the media legislation,” – says a statement signed by participants of a round table organized on 10 August in Dushanbe by the Tajik Union of Journalists and the National Association of Independent Mass Media (NANSMIT).

The draft law in question was developed by two parliamentarians – Olimjon Salimzoda and Akramsho Felaliev.

About 30 media professionals – both local and foreign – legal experts and diplomats accredited in Tajikistan took part in the meeting. They put forward a number of proposals to amend particular articles of the draft law. This set of suggestions will be passed to the parliament.

19 August
Jovid Mukim, professor, Tajik National University, Dushanbe

Professor of the Tajik National University Jovid Mukim in his article in the Millat weekly (#33, 18.08.2010) says that “the new draft law on the media is mainly rewritten from the old one”. The expert suggests amendments to particular articles of the law and to add new ones – concerning mainly the labor rights of media professionals and their social protection.

Mukim says that the rights of journalists are not duly protected, especially in private media. Ignoring the labor legislation, certain publishers do not provide their employees with annual leave; otherwise, journalists have only limited number of days for rest.

19 August
All media, Dushanbe

The Farazh weekly (#33, 18.08.2010) called on Tajik media professionals to join the discussion on the new draft of the media law. The Media Alliance of Tajikistan intends to develop an alternative draft law on the basis of proposals from the media community.

Kironsho Sharifzoda, chairman of the public organization “The Journalist” published his comments in Farazh sharing his thoughts about the concept of “the mass media”. The author says that the words “the mass media” came to Tajik language from Russian, and in many cases it is wrongly understood.

3. Factual situation in the media

27 August
Asia Plus weekly, Dushanbe

As of 30 August the Asia Plus weekly will be published twice a week – on Mondays and Thursdays. On Mondays the newspaper will be published under the title “Asia Plus Dushanbe”.

Marat Mamadshoev, editor of Asia Plus says that this initiative is the first step in an attempt to establish a daily newspaper. It should be noted that there have not been any dailies in Tajikistan since the early 1990-s.

However, such an attempt is not the first one; many publishers have undertaken similar things, but they all faced difficulties with dissemination of their products. The formerly existing network of newsstands has collapsed long ago; periodicals are mainly disseminated by private street vendors who come once a week to the central printing house in Dushanbe to pick up the new weeklies.

30 August
Imruz News, private newspaper, Dushanbe

Rajabi Mirzo, editor of a new Tajik newspaper “Imruz News” stated that from now on this periodical will be published on a daily basis.

Mirzo says that the new outlet is a commercial project, and, along with the main goal – to provide readers with news and analysis – the newspaper must bring profitable.

The editor noted that 80 percent of reporters working for the newspaper are young and new people making their first steps in the Tajik media environment. “They’ve studied a long while, gaining needful skills in different trainings, but now, these young people are oriented towards making a real daily media product”, — he added.

II. VIOLATION OF PROFESSIONAL RIGHTS

1. Denial of printing

5 August
Ozodagon, Paikon, SSSR, Millat, Borgohi Sukhan, Dushanbe

Umed Sattorov, manager of a printing house providing services to a number of private weeklies told their publishers that the printing equipment is out of whack, and the five newspapers – Ozodagon, Paikon, SSSR, Millat, Borgohi Sukhan – are unlikely to come off the press. (Asia Plus weekly, #31, 4.08.2010).

Eventually, the newspapers were timely printed, but the Tajik media shared a different allegation – the printing house received “an order from above” to create obstacles for the private weeklies, which criticize the government in their publications.

However, media and human rights organizations received no complaints from editors and publishers about violations of their rights.

2. Impediments to access to information

11 August
SSSR weekly, Dushanbe

Private printing media in Khatlon province complain that government officials do not invite their correspondents to important public and political events, thus giving “drawing a line” between the state and the non-government press.

According to the SSSR weekly (#32, 12.08.2010), journalists addressed their complaint to the chairman of Khatlon province Gaibullo Avzalov. The official ordered his subordinates to rectify the error, but the situation remains unchanged. The authorities do not like the independent media for criticism. Long ago, they’ve dubbed them “the opposition”, and everywhere they are seen as spies.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

11 August
Embassy of Uzbekistan in Dushanbe

The Embassy of Uzbekistan in Dushanbe accuses Tajik officials and certain mass media of disseminating ungrounded and false statements defaming the authorities of Uzbekistan allegedly involved in the detention of Tajikistan-bound cargoes on the Uzbek territory. (Asia Plus, #32, 11.08.2010).

“The facts prove that Uzbekistan continues to take all necessary measures ensuring unhampered transit of cargoes moving to Tajikistan. The Uzbek side fully performs its obligations, despite the difficulties emerging at particular segments of the railroad and the objective complexities related to maintenance, servicing and repair”, — the statement says.

2. Compensation for moral damage

20 August
Asia Plus weekly, Dushanbe

Ms. Salomatv Safarova took a legal action against the Asia Plus weekly demanding moral compensation in the amount of 12 thousand Somoni (about $2,700). Safarova complains that Asia Plus defamed the name of her son in a publication titled “Hunting the money changers” (#30, 30.09.09).

Editor of Asia Plus Marat Mamadshoev told NANSMIT that his newspaper has lodged a complaint against the judge S. Bobobekov because of his preconception.

3. Accusation of libel and insult

19 August
Charkhi Gardun weekly, Dushanbe

Former parliamentarian Saivali Nurov filed a charge against the Charkhi Gardun weekly (Asia Plus, #33, 18.08.2010). Nuriov was very angry at the article published on 27 July titled “Are they going to sue the parliamentarian-hooligan?” The former deputy says that the publication defames and humiliates him. He is going to put the law on the weekly on Articles 135 and 136 of the Tajik Criminal Code.

According to Akbarali Sattorov, the founder of Charkhi Gardun, the publication in question does not contain any libel or defamation. “The article only describes the fact of filing a charge against the former parliamentarian”, — he said.

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

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

3 July
Olim Salimzoda, parliamentarian, Dushanbe

The Tajik parliamentarian Olimjon Salimzoda told the Asia Plus weekly that “the amendments to the media law adopted by the parliament in June are in compliance with the requirements of the contemporary journalism. The Tajik media law is going to become the best in Central Asia”. Salimzoda is the chairman of the parliament committee on international affairs, public organizations and information.

The parliamentarian added that, according to the adopted amendments, public officials are obliged to provide journalists with information within three days after a request, whereas, according to the existing rules, this timeframe is one months.

Salimzoda says that the amendments to the media legislation will improve the responsibility of officials and will force them to timely respond and take relevant measures after publications containing criticism.

18 July
Abdurakhmon Abdumanonov, deputy chairman, State Committee on Radio and Television under the government, Dushanbe

Deputy chairman of the Tajik State Broadcasting Committee told the media that his agency has launched a sociological opinion poll in order to define the best TV and radio programs. He noted that the poll is being conducted to encourage the best journalists and support the programs they create. The results of the poll will become public in August. Authors of the best stories and programs will receive special awards.

19 July
Khamid Abdulloev, mayor of Kulyab, Khatlon province

Speaking at a press conference, the mayor of Kulyab and parliamentarian Khamid Abdulloev called journalists to “constructive criticism”. According to a correspondent representing the NANSMIT monitoring service in Khatlon, the official stated that he has never opposed criticism unless it pursues “destructive purposes”.

The mayor has acknowledged the existing shortcomings in the municipal infrastructure; however, publications in the media should be rational, i.e. they should help officials to resolve the problems. “My office is always open for you; and I’ve never avoided meeting a journalist”, — he said.

21 July
Lutfullo Davlatov, director, TV Safina

Quoting the director of the government TV Safinacompany, the Asia Plus weekly says that “the station constantly shows the pictures of nature to tranquilize the audience”. (Asia Plus, #29, 21.07.2010).

“People come back home tired, and they ain’t got no time for theaters or concerts. Peaceful music, pictures of landscapes and waterfalls are calming them. Besides that, the constant demonstration of our spectacular nature might help in attracting foreign tourists”, — Davlatov added.

However, the director acknowledged that the TV programs contain too much of praise of the government, whereas the country keeps facing numerous problems. The director complained that the personnel of his station are mainly young and not very experienced people.

2. Factual situation in the media

6 July
Imruz News, private newspaper, Dushanbe

Editor of the Imruz News weekly Rajabi Mirzo told the media that his outlet is going to become a daily periodical.

“This is a commercial project, and along with the news, we’ll be providing our readers with analysis and entertainment”, — said Mirzo.

According to the Ministry of Culture, about 20 new periodicals have been registered in the last few months in the country; most of them are the so-called “sectoral” newspapers, i.e. belonging to particular ministries or government agencies.

7 July
The First Channel, Dushanbe

The Tajik weekly “Facts & Comments” publiched an article by a freelance author M. Salohiddinov criticizing the Tajik federal TV company “The First Channel” (#15, 07.07.2010). “Last week, the government TV companies dedicated most of their broadcasting time describing the visit of the President to Gorno Badakhshan”, — he says in his article titled “Where does the TVT money go?”

Salohiddinov says that those stories about the President’s trips “without the beginning and the end” have only one purpose in view – to earn as much as possible. The shooting of such events is not expensive; only a couple of cameramen and an editor are needed to accomplish such assignment. In distinction to that, a good talk show or and analytical program requires serious investments and smart people. The author also criticizes the government TV management for ignoring the audience’s opinion about those boring and useless programs.

18 July
Sadoi Konibodom weekly, Kanibadam, Sughd province

Editor of the Sadoi Konibodom weekly Gulomjon Khomidov told the media that his outlet will be published twice a week.

Khomidov also told that the local administration has purchased modern computers and digital equipment for his staff, and the quality of the newspaper will improve essentially. He added that the total number of subscribers at present is 2,5 thousand.

23 July
The Farazh weekly, Dushanbe

The Farazh weekly (#29, 21 July 2010) has published another article criticizing the road tolling company Innovative Road Solutions (IRS) operating in the country. The company maintains the first in Tajikistan commercial highway “Dushanbe – Chanak”.

“According to the President’s decree obliging government officials to take measures and give feedback after publications in the media, the authorities should have reacted long ago on numerous publications about the IRS’s activities and violations of the legislation”, — the article says.

Farazh refers to particular newspapers that published articles describing the draconic tolling fees established by IRS. Dozens of periodicals and the Internet sources expressed their negative attitude to the company’s behavior and pricing policy. “Regrettably, none of the officials from the Ministry of Transport and Communications and from the President’s Executive Office responded to the numerous questions and opinions expressed by journalists, experts, representatives of political parties, as well as residents of Varzob, Matcha and Istravshan”, — the article says. — “Isn’t that a violation of the Constitution?” The authors come to the conclusion that the silence of officials has created grounds for numerous articles in newspapers and rumors among the people.

3. Amendments to existing legislation and new draft laws aggravating media environment

3 July
All media

Tajik parliamentarians Olim Salimzod and Akramsho Fellaliev have drafted amendments for the Tajik Law “On printing and other mass media”. The existing Law was adopted in 1990; since then, it has been amended seven times. The authors say that the amended draft law adopted by the government in June is in full compliance to the requirements of the contemporary journalism. However, the Tajik media community expresses discontent and concerns about saying that the lawmakers did not take into consideration many factors and requirements in the sphere of media.

17 July
All media, Kurgan-Tube, Khatlon province

A t a meting of editors of the Khatlon province printing and electronic media on 17 July participants discussed the new draft medial law. The participants suggested to introduce changes and amendments, mainly in the sphere of social protection of media professionals, and the responsibility of public officials for access to information.

4. Journalists protecting their civil and professional rights

3 July
All media, Dushanbe

A new work book titled “Legal regulations in access to information” is published in Dushanbe. The work book is published by the National Association of Independent Mass Media (NANSMIT) under support of the Internews Network Office in Tajikistan and the US Agency for International Development (USAID).

The work book contains systemized and abridged provisions in the Tajik legislation regulating access to information. It also contains samples of legal requests and complaints, which might be of help to media professionals. The book also contains particular recommendations of Russian and Kazakh media researchers.

21 July
All media, Dushanbe

On 21 July, the Tajik National Association of Independent Mass Media (NANSMIT) held a seminar for journalists and representatives of human rights non-governmental organizations. The event was dedicated to the issues of strengthening of the “Network for freedom of expression in Tajikistan”. The seminar was supported by the Internews Network Office in Tajikistan and the US Agency for International Development (USAID).

Participants of the seminar expressed a desire and a will to consolidate their efforts and create a National Network for Freedom of Expression – TajFEN in order to closer adhere to the international standards of the freedom of expression and strengthen their potential in tackling the problems existing in the media environment. The Network is a voluntary public organization open for other units and alliances.

“TajFEN – is a ground for discussions, exchange of information, joint actions to protect the freedom of expression”, — said Nuriddin Karshibaev, chairman of NANSMIT. — “We intend to further institutionalize this network”.

26 July
All media, Khorog, GBAO

A two-day seminar on the topic of “Human Rights & Journalism” took place in the city of Khorog, the administrative center of Gorno-Badakhshan Autonomous Province (GBAO).

Participants have gained knowledge in the area of national and international human rights mechanisms. They familiarized themselves with political and civil rights, such as the freedom of expression, fair justice, legal protection, etc.

The seminar was organized by the British Institute for War and Peace Reporting (IWPR) within the framework of the project “Protection of Human Rights and Legal Education through the Media in Central Asia” implemented under financial support of the European Commission.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Impediments to professional activities

15 July
Saidjon Sorbonkhoja, chairman of the Council of Ulems, Khatlon province

At an official meeting of Kurgan-Tube municipal authorities, deputy Mufti of Tajikistan and chairman of the Council of Ulems of Khatlon province Saidjon Sorbonkhoja called for the prohibition of activities of all private mass media. (Ozodagon weekly, #27, 14.07.2010).

“I am asking the public bodies to liquidate the non-government periodicals; otherwise, the authorities should control their activities”, — the religious leader said.

Sorbonkhoja says that the non-government media provoke confrontations and support protests of the people against the authorities. The religious leader referred to particular newspapers – Farazh and Paikon.

The author of the article in the Ozodagon weekly assumes in his article that this request voiced by the religious official was ordered by the local administration. “Whatever they [the authorities] plot, they do through parliamentarians or well-known people; and then, they wait for public reaction”, — the author says. — “Very often, the officials publicly call private newspapers “the yellow press” in retaliation for criticism in their publications.

2. Ungrounded limitation of access to information

15 July
Zebo Tajibaeva, Asia Plus weekly, Dushanbe

One of the Tajik law enforcement agencies’ press center refused to provide information to the correspondent of the Asia Plus weekly Zebo Tajibaeva (Asia Plus, #28 (547), 14 July 2010). The head of the press center told the journalist that the agency refuses to share any information and cooperate with the newspaper because in the recent time it was criticized by the weekly and forgot to mention [in their publications] that the agency had successfully accomplished a special anti-terrorist operation.

Editors of Asia Plus say that this is not the first case of that kind. Very often, the government agencies are not happy about particular headlines, abridged press releases, misprints, etc.

29 July
Zulfikor Ismoliyon, Radio Ozodi, Dushanbe

At a press conference in Dushanbe, the Minister of Economic Development and Trade Farrukh Khamraliev failed to answer a question regarding the incomes of the Tajik national aluminum plant. The question was addressed by a correspondent of Radio Ozodi (Radio Liberty) Zulfikor Ismoliyon. Experts say that this national enterprise, the biggest in the country is controlled by the President and his family, and any financial information about the aluminum smelter is kept находится под замком.

3. Infringement of copyright

22 July
N. Ashurzoda, veteran of the Tajik journalism, Dushanbe

The SSSR weekly (#29, 22 July 2010) published an article by the veteran of the Tajik journalism N. Ashurzoda who complains that many local printing outlets do not pay honoraria to their authors. The journalist compares the existing system with the Soviet one, where the rights of journalists were protected and their social benefits were guaranteed.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

15 July
Jamoliddin Nuraliev, deputy Minister of Finance, Dushanbe

Deputy Minister of Finance Jamoliddin Nuraliev refutes the information in the Tajik media published with the reference to Deutche Welle stating that “he is an alleged founder of the Innovative Road Solution (IRS) company registered in the offshore British Virgin Islands.

The official published its letter in the Asia Plus weekly (#28, 14.07.2010).

The official asked the Tajik private media not to reprint “the private conclusions of the Deutche Welle’s correspondent”, and to get in require information directly from the IRS.

“In case of similar publications, I reserve the right to take a legal action against the media”, — said Nuraliev.

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

This report is based upon messages from the Tajik media and the NANSMIT monitoring network.

In June 2010 the NANSMIT Monitoring Service received 16 reports. Five 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 six 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

June 3
Ibrohim Usmonov, chairman of the Tajik Media Council, Dushanbe

“Disrespect to women is manifested in this or that extent in 99 percent of publications in the Tajik media”, — said Ibrohim Usmonov, chairman of the Tajik Media Council. He made this remark on 3 June in Dushanbe at a round table on the topic “Studies of legal and moral reasons for bringing the Tajik media to judicial liability”.

According to Usmonov, the vast majority of publications present a woman as a servant to her husband, a prostitute, an avaricious creature seeking for easy money, etc. “The media do not publish stories presenting women as prominent politicians, successful entrepreneurs, or, say, simply a good journalist”, — he added.

June 25
All media, Dushanbe

Twenty newspapers and five magazines have been registered in the Ministry of Culture since the beginning of this year compared to 24 newspapers and 18 magazines during the same period of 2009.

All the five magazines are based in Dushanbe. The magazine “Navnikhol” will be printed once a month in Tajik, Russian and English languages. All these magazines are sectorial, i.e. their founders are ministries and government agencies.

Seven out of the twenty newspapers are sectorial; the rest of them are private. Nine newspapers will be published in Dushanbe; eight – in Sughd province; one in GBAO; and one in Rasht valley.

Experts note that very few magazines survive in the current conditions. Usually, shortly after registration they get closed, not being able to cope with numerous challenges, including the lack of experienced personnel.

2. Journalists protecting their civil and professional rights

June 17
All media, Dushanbe

On 16 June the Tajik Union of Journalists hosted a round table on the issues of access to information. The event was organized by the National Association of Independent Media (NANSMIT).

It was stressed that “Information cannot be divulged only if it contains elements of the state, banking or commercial secrets”. The Tajik Constitution, the “Law on printing and other mass media”, the “Law on Television and Radio” clearly explain that media professionals have the right to timely receive reliable and quality information.

June 28
All media, Dushanbe

On 28 June, the Institute for War and Peace Reporting (IWPR) held a seminar in Dushanbe on the topic “Interactions between state press services and the media”. The event was held within the framework of the project “Human rights and legal education through the media in Central Asia” financed by the European Commission and technically supported by the National Association of Independent Media (NANSMIT). NANSMIT is currently implementing another similar project — “Strengthening the media freedom network in Tajikistan” supported by Internews and funded by USAID.

The main purpose of the seminar is to improve access to official sources of information and develop practical skills of interaction between the state press services, NGOs and the media.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Obstructions to professional activities

June 10
Usmon Khushvakhtov, head of mayor’s office administration in Kulyab

The resent disastrous floods in Kulyab became the main topic of publications in the media. Usmon Khushvakhtov, head of the mayor’s office administration told the Ozodagon weekly (#25, 10.06.2010) that certain authors pursued their sordid goals defaming some public officials.

In particular, Khushvakhtov criticized the story published in Ozodagon on 12 May. The official says that the publication goes beyond the standards of media ethics. “Although the Constitution guarantees the freedom of speech, actions of certain individuals cannot go beyond the framework of laws”.

2. Violation of professional rights

19 June
Zarina Abduvakhidova, head of Persian service, Radio Ovozi Tojik, Dushanbe

Zarina Abduvakhidova, employee of the Radio Ovozi Tojik Persian service was sacked from the post of the head of the service and appointed to the position of editor, according to the Order issued by the chairman of the State TV and Radio Committee on 3 March 2010.

On 17 May, Ms. Abduvakhidova applied to the Ismoili Somoni district court in Dushanbe with a request to reinstate her in the former position and reimburse moral and material losses.

On 18 June, the Ismoili Somoni district court settled the suit in favor of the journalist. Abduvakhidova will be reinstated in her previous position. Besides that, the court obliged the TV & Radio Committee to pay the claimant the due amount as a compensation for illegal demotion.

This is a precedent of a kind – the case was resolved in favor of the journalist.

3. Ungrounded limitation in access to information

24 June
Kharamgul Kodiri, freelance journalist

Freelance journalist Kharamgul Kodiri complains in her article that Tajik parliamentarians hide from journalists (Nigokh weekly, #14, 23.06.2010). “They find all kind of excuses to avoid a meeting with media representatives”. Kodiri calls the Tajik parliament “The valley of dumbness”.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

3 June
Millat weekly, Dushanbe

The Dushanbe city court sent the text of an article published in the Millat weekly to the Tajik Institute of Language and Literature for a linguistic expertise. The Ministry of Agriculture accused the newspaper of insult and defamation – because of the article titled “The Ministry of Agriculture is the most corrupt government institution”.

Junaid Ibodov, the lawyer representing the interests of Millat in court, said that the claim of the Ministry looks illogical since “insult” refers to the category of criminal cases. According to Article 136 of the Tajik Criminal Code, only individuals can be considered as victims of insult; and none of legal entities or institutions could be considered victims of insult or defamation.

The lawyer stated that the newspaper is going to appeal against the court decision since it contradicts the Tajik legislation.

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