This monitoring presents a compilation of reports from Tajikistan’s media and private reports from the NANSMIT monitoring network in the country

Coordinator of the Monitoring Network in Tajikistan:
Abdufattokh Vokhidov
Head of the Legal Service:
Orifjon Azimov
Head of the Project in Tajikistan:
Nuriddin Karshibayev

Freedom of Speech in Tajikistan
Situation in October 2008

In October 2008 the NANSMIT Monitoring Service received 27 reports. Twenty one 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 one report 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

9 October
Media in Khatlon province

“The absence of modern printing facilities, the lack of periodicals, insufficient tools for communication, plagiarism in the media, impediments to journalists created by the authorities are the main reasons for poor development of the media and the freedom of speech in the south of Tajikistan”, — Ozodagon weekly, #40, 9.10.2008.

17 October
Turko Dikaev, Asia Plus news agency, Kulyab, Khatlon province

Correspondent of the Asia Plus news agency in Khatlon province Turko Dikaev failed to send important information from the city of Nurek.
The city with the population of 50 thousand has only one Internet center serviced by the Babylon mobile company. Residents complain that the Internet communication was absent for more than two weeks, and the Internet provider took no measures to restore the connection.

22 October
All media, Dushanbe

Tajikistan is rated 106 among 173 countries in the global Freedom of Press rating published by Reporters Without Borders. Tajikistan is neighboring to Uganda and Mauritania.
Among the countries of the former Soviet Union Tajikistan is close to the Baltic states and the Ukraine.

27 October
All media

Last week the former Kazakh capital Almaty hosted the 10-th Central Asia Conference “New challenges in the sphere of broadcasting, and transition to digital broadcasting”.

The Conference was organized under support of the OSCE regional office. It was attended by representatives from Kazakhstan, Kyrgyz Republic, Tajikistan and Uzbekistan, as well as by international experts.

According to the Tajik President’s Office, the Ministry of Justice has in its registry 28 TV organizations, 8 of which are state TV companies and 20 are non-government ones (private, commercial, corporative, etc.).

2. Actions of officials defining the factual status of the media

30 October
All media

The meeting of the Council of the CIS state and public TV organizations is scheduled for 31 October in Moscow.

Participants of the Council are planning to discuss the issues of creation of an Inter-State Information Pool, namely, the agreement, regulations and standards.

Members of the pool will provide information on important events and developments in their countries, which will be formed in packages for further transmission to other countries’ TV companies.

It is expected that the Inter-State TV Company Mir will play the role of coordinator in this pool.

3. Journalists protecting their civil and professional rights

5 October
Independent School of Journalism

From 3 to 5 October the Independent School of Journalism “Tajikistan – XXI Century” held the second training session for journalists and official public press secretaries.

According to Safo Safarov, executive director of the journalism school, participants of the training analyzed such topics as “Legal and ethical principles of interaction between the authorities and the media”, “National and international standards of access to information”, “New media technologies”, etc.

The training was organized within the framework of the project “Access to information: cooperation and transparency” supported by the Norwegian Helsinki Committee.

9 October

Somoniyon TV, Dushanbe

On 9 October the Economic Court in Dushanbe started hearings on the appeal from the Somoniyon TV against the State Committee on Television and Radio under the government.

TV Somoniyon submitted two applications: on compensation of a material loss in the amount of 88 thousand Somoni inflicted by the State Broadcasting Committee, and on the revocation of the resolution of the State licensing commission, which entailed the denial of broadcasting license to the TV company.

The court hearings were postponed until 14 October after public statements made by lawyers.

9 October
All media, Dushanbe

On 9-10 October the public organization “Khoma” held an international conference “Decriminalization of defamation is a major step towards democratic development of the society”. The conference was supported by the OSCE Center in Dushanbe and the US-based NGO Internews Network. More than 100 representatives of Tajik courts, the media, universities and human rights organizations took part in the conference.

Participants voiced the necessity of involving the civil society and the authorities in discussions of the legislation establishing criminal responsibility for publications containing “libel and defamation against government officials”. Certain legal provisions create obstacles for journalists, especially those “treading on forbidden ground”, i.e. criticizing high-ranked public servants.

II. VIOLATIONS OF RIGHTS IN THE MEDIA

1. Censorship

2 October
TV Safina, Dushanbe

Working on a project implemented jointly by the NGO Save the Children and TV Safina, journalist Farangis Nazrieva produced a TV story “When I was a child”. The 18-minute story shows and describes the being of children working in markets and other public places to make their living.

The video story had been shown to Mr. Pirov, director of TV Safina. Right before the scheduled broadcast he prohibited the story, saying that he is not in favor of showing negative phenomena in Tajikistan. The manager also referred to his “patriotic feelings”.

COMMENT

Article 30 of Tajikistan’s Constitution guarantees freedom of speech and the right to use the mass media. Only propaganda of social, racial, ethnic, religious and language animosity is prohibited by law. State censorship and persecution for criticism are also prohibited. Thus, the actions of the TV Safina official can be interpreted as “internal censorship”, which is illegal.

2. Ungrounded denial of publicly important information

6 October
Radio Khatlon, Kurga-Tube

Mehrubon Sattorova, correspondent of Radio Khatlon required information from Tajiktelecom mobile company regarding the enterprise’s development plans. Fozil Mallaev, deputy director of the company’s branch in Khatlon province refused to share any information with the journalist referring to the prohibition from his senior managers.

16 October
Nargis Bozorova, Radio Khatlon

Nargis Bozorova, correspondent of Radio Khatlon approached Tolib Zubaidulloev, deputy chief physician of the city hospital in Kurgan-Tube. The doctor refused to share any information with the journalist without preliminary permission from the province health officials.

COMMENT

Freedom of speech and the right to use the mass media are guaranteed by Article 30 of the Constitution. There might be certain exceptions – if the data contains state security secrets. But it does not concern the cases described above.

Article 31 of the Tajik law “On printing and other mass media” enables journalists to seek and disseminate information by any legal means. Article 5 of the law in question obliges state, political and public organizations and their persons in charge to provide the media with any requested information.

3. Violation of labor rights

2 October
Farangis Nazrieva, freelance journalist, Dushanbe

Journalist Farangis Nazrieva accused director of TV Safina Makhmadsaid Pirov of non-paying her honorarium for an accomplished assignment. According to Nazrieva, in March 2008 TV Safina and the international NGO Save the Children signed an agreement in order to produce a series of TV programs about child labor in Tajikistan. One of the programs had been prepared by Nazrieva, but Pirov banned it from broadcasting.

According to the agreement, Save the Children had to wire the amount of six thousand Somoni to TV Safgina’s banking account. The TV crew was expected to receive 3,280 Somoni out of this amount, but nobody received the honoraria.

COMMENT

The case described above refers to violation of labor rights. Labor disputes are investigated in court according to the legislation. We recommend the journalist to apply to court for collecting her honorarium from the employer.

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 monitoring presents a compilation of reports from Tajikistan’s media and private reports from the NANSMIT monitoring network in the country.

Coordinator of the Monitoring Network in Tajikistan:
Abdufattokh Vokhidov

Head of the Legal Service:
Orifjon Azimov

Head of the Project in Tajikistan:
Nuriddin Karshibayev

Freedom of Speech in Tajikistan
Situation in September 2008

In September 2008, the NANSMIT Monitoring Service received 19 reports concerning violations of legal rights of journalists. Eight of them describe the factual situation in the media in the light of socio-legal and political environment; seven reports describe direct violations of rights of media professionals; and four 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. Actions and behavior of officials defining the factual situation in the media

9 September
Radio Asia Plus, Dushanbe

On 9 September the private radio company Asia Plus celebrated its sixth anniversary (Vetcherny Dushanbe, #37, 11.09.09). Asia Plus was founded in 2002 as an information/entertainment broadcasting entity for Russian and Tajik-speaking audience.

10 September
Newspaper SSSR, Dushanbe

Sayofi Mizrob is a well-known journalist who has recently left Radio Liberty with a scandal, founded a new printing periodical called SSSR.

The publisher says that he has managed to mobilize well-known journalists – Rajabi Mirzo, Sukhrobsho Farrukhsho, Akhmad Ibragim, Asliddin Dostiev, Savkhat Burkhon.

The main purpose of SSSR is to take a new glance at the eighty-year-old history of Tajiks and to discuss the most scandalous topics of the XX-th Century, such as the Basmatchi movement and the Soviet heroes. The authors also have an intention to assess the future of the nation.

2. Journalists protecting their civil and professional rights

4 September
Kholili Sangin, freelance journalist, Dushanbe

Kholiki Sangin, former employee of Radio Liberty is reinstated in his position according to the decision of the Ismoili Somoni district court. The court also obligated the Tajik branch of Radio Liberty to pay salary to the journalist for the period of idle time.

The trial on the case of Sangin started in November 2007. In his plaint note, the journalist stated that Radio Liberty unlawfully terminated his employment contract. He also demanded an amount of $50 thousand from the employer as a moral compensation.

8 September
All media

On 8 September, the Tajik Union of Journalists held a round table on the occasion of the International Day of Solidarity of Journalists. The event was attended by Tajik editors and leading journalists.

10 September
Zafar Abdullaev, secretary general of the Tajik Media Alliance, Dushanbe

Zafar Abdullaev, head of Tajikistan’s Media Alliance called leaders of media unions and associations to unite in the efforts of creating a real mechanism of protection of journalists’ rights.

Abdullaev noted that the existing problems among journalists related to legal persecution, assaults, etc. occur due to the lack of solidarity and the absence of the mechanism for corporate support.

II. VIOLATIONS OF RIGHTS AMONG JOURNALISTS

1. Assault and beating of a journalist

4 September
Jurakhon Kabirov, freelance journalist, Millat newspaper, Kulyab, Khatlon province

Zainiddin Olimov, a district chairman in the city of Kulyab beat the journalist of the Millat newspaper for a publication containing criticism against him. Olimov chased the author in the city in his car.

The journalist sent a letter to the editor of Millat saying that that incident was not the first of that kind – he had received verbal threats from the chairman after previous publications describing unfair distribution of land plots in the district.

COMMENT

According to Article 36 of Tajikistan’s law “On printing and other mass media”, coercion of journalists to dissemination of information or refusal from dissemination of information applying violence or damage of property, as well as violation of rights of journalists by means of threatening entails responsibility described in the legislation.

Beating and deliberate damage of health are criminally liable (Articles 110-116 of the criminal Code). Threat of homicide or health damage form corpus delicti as described in Article 120 of the Criminal Code.

In order to prevent such cases, journalists are recommended to immediately apply to law enforcement structures to initiate criminal investigation.

2. Ungrounded denial in publicly important information

19 September
Abdulmumin Sherkhonov, editor, Pazhvok newspaper, Kulyab

On 19 September, Abdulmumin Sherkhonov, editor of the Pazhvok newspaper apploed to the Vose district prosecutor’s office. The journalist wanted to receive details of an accident that led to death of two boys caused by a hand grenade, which they found on the outskirts of their village.

The journalist was kicked out of the prosecutor’s office, and the law enforcement officials promised to close down his newspaper should he dare to approach them with any questions in the future.

In response, Sherkhonov gave an interview to the Mavji Ozod TV company making serious statements regarding the limitations in access to information.

The NANSMIT monitoring service knows the names of public officials who denied the requested information.

COMMENT

Freedom of speech and the right to use the mass media are guaranteed and protected by Article 30 of Tajikistan’s Constitution. Only data, which present the state secrecy, might be considered as an exception. The data mentioned above is not considered a state secret.

Article 31 of the law “On printing and other mass media” provides journalists with the right to look for, receive and disseminate information by all legal means. And Article 5 of the law in question obliges all government, political and public organizations, as well as their officials to provide the media with all requested data.

3. Ungrounded limitations in provision of publicly important information

4 September
Sughd newspaper, Khujand, Sughd province

Muboriz Toshtemurov, correspondent of the Sughd newspaper sent written requests to the province power supply and gas supply agencies. The journalist was going to learn about the preparation of these communal services to winter.

Toshtemurov told the monitoring service that his letters remained unanswered, and this is not the first time – officials of the province communal services are very reluctant to communicate with the media.

18 September
Millat weekly, Dushanbe

During two months, the administration of Rudaki district in Dushanbe ignored a written request of the Millat newspaper and telephone calls from journalists regarding infrastructural activities of the district named after the ancient Persian poet (this year, Tajikistan celebrates the 1150-th anniversary of the poet’s birthday).

23 September
Rustam Safarov, Khatlon province radio, Kurgan-Tube, Khatlon

Mr. Avzalov, chairman of Khatlon province issued a decree obliging university students to participate in cotton harvesting. According to Avzalov, this decision was assumed by approbation of the Tajik President Emomali Rakhmon.

Rustam Safarov, correspondent of the local radio station was trying to find out how many students of the Kurgan-Tube University will be involved in harvesting. The question was addressed to the university administration. The official said in response that such questions are beyond their competence.

COMMENT

Freedom of speech and the right to use the mass media are guaranteed by Article 30 of the Tajik Constitution. Only the data constituting the state or other secrecy protected by law are exceptions. According to Article 25 of the law “On information”, limitations on receipt of open information are prohibited.

According to Article 27 of the law “On printing and other media”, citizens have the right to receive reliable information via the media about activities of state institutions, public units and officials. This norm strictly obliges the state bodies and officials not to tolerate any “red-tapes” when journalists apply for information. Тем самым такие искусственные ограничения в получении информации являются незаконными.

4. Initiation of criminal case on Article 137 (public affront of the President of the Republic of Tajikistan and liable in his address) and Article 307 (public calls for overthrow of constitutional order)

23 September
Dodojon Atovullo, publisher of Charogi Rouz newspaper, Dushanbe

Following a request from the Interior Ministry, Prosecutor General’s office initiated a criminal case against Dodojon Atovullo, publisher of Charogi Rouz newspaper and leader of the Vatandor political movement.

At a press conference in Dushanbe held in July, the Tajik prosecutor general Bobojon Bobokhonov called Atovullo “information terrorist”. In particular, the prosecutor said that “…living abroad, that person humiliates honor and dignity of the Tajik nation in his publications, fouling the image of the Tajik state”.

In June, Atovullo convened a press conference in Moscow, where he openly stated that Tajikistan stands on the verge of a new civil war. Atovullo also explained that he is heading the opposition in exile and has not had possibilities to visit Tajikistan since 2004. He also voiced his personal forecast: “In fall-winter 2008, mass meetings and acts of civil disobedience will take place all over Tajikistan”.

COMMENT

Public affront of the President of the Republic of Tajikistan and liable in his address committed through mass media or the Internet entail imprisonment for the term from 2 to 5 years. Public calls for forced overthrow of constitutional order envisage deprivation of freedom for the term from 8 to 15 years. However, the extent of guilt of the defendant is defined by the court.

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 monitoring presents a compilation of reports from Tajikistan’s media and private reports from the NANSMIT monitoring network in the country.
Coordinator of the Monitoring Network in Tajikistan:
Abdufattokh Vokhidov
Head of the Legal Service:
Orifjon Azimov
Head of the Project in Tajikistan:
Nuriddin Karshibayev
Situation in the sphere of Freedom of Speech in Tajikistan
August 2008
In August 2008, the NANSMIT Monitoring Service received 23 reports concerning violations of legal rights of journalists. Eleven of them describe the factual situation in the media in the light of socio-legal and political environment; ten reports describe direct violations of rights of media professionals; and two 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. Actions and behavior of officials defining the factual situation in the media

4 August
Zafar Saidzoda, Senior Advisor to the President of Tajikistan, Dushanbe

Zafar Saidov, Senior Advisor to the President of Tajikistan published an article in the Asia Plus weekly (#32, 6.08.08), where he shares his thoughts with readers how to create a decent image of Tajikistan abroad. According to Saidov, the moist efficient would be information/resource centers with a unified public coordination center under the President’s Office. Such a complex medium should be oriented towards the Russian-speaking and English-speaking information space.

2. Factual situation in the sphere of media and freedom of speech

15 August
Bokhtar newspaper, Bokhtar district, Khatlon province

Population of one of the most densely populated districts in Khatlon province does not have access to local information. Eight hundred subscribers of the Bokhtar newspaper cannot timely receive the periodical. Since 2007, the local authorities cannot appoint the editor of their own printing body. Mukimjon Mukhtorov, the only journalist of the newspaper has been in a hospital for two months. The newspaper accountant, Sanobar Khudoidodova, upon her own initiative, managed to organize publication of six issues in 2008. For several months, the newspaper employees cannot receive their salaries. The district financial office refuses to proceed with payment because of the absence of the editor’s signature.

3. Journalists protecting their civil and professional rights

6 August
Media Alliance of Tajikistan

The professional Media Alliance of Tajikistan (MAT) held a regular annual meting, where the members introduced essential amendments in the organization’s carter (Facts and Arguments weekly, #32, 6.08.08). In particular, the term of chairmanship of MAT’s secretary general is three years instead of the previous one-year term. From now on, the head of MAT can be reelected repeatedly, whereas previously, there was a principle of rotation in this position. Zafar Abdullayev, editor of the FC-Capital weekly and the Avesta information agency is the newly elected head of MAT.

7 August
Union of Journalists of Tajikistan and Drug Control Agency, Dushanbe

The Union of Journalists of Tajikistan (UJT) and the Drug Control Agency under the President’s Office launched a national contest for printing and electronic media on the best coverage of problems related to drugs and healthy life style “Say no to drugs!”

The contest is organized within the framework of the project “Public awareness on the danger of drug abuse and risk reduction among the youth of Tajikistan” financed by the European Union and implemented by the United Nations Development Program.

8 August
All media, Kulyab, Khatlon province

On 7 August, the women’s club “Umed” in Kulyab city gave handled awards to winners of the contest “Democratic society and gender equality”.

The contest was organized by the national public organization Gender and Development and its partners, regional press clubs. The contest was held within the framework of the project “Strengthening democracy and empowering women in politics” supported by the European Commission.

9 August
All media, Dushanbe

A three-day training “Access to information: cooperation and transparency” was held in Dushanbe for journalists, employees of the government institutions, the parliament and the Supreme Court of Tajikistan. Participants discussed legal and ethical principles of interrelations between the authorities and the media, international standards of journalism and access to information, new technologies for press services: audio, photo and video materials.

The training was conducted by the independent school of journalism Tajikistan – XXI Century under support of the Union of Journalists and NANSMIT.

10 August
All media, Khorog, GBAO

The public organization Madina in the city of Khorog, administrative center of Gorno-Badakhshan Autonomous Oblast (GBAO) held a contest for printing and electronic media on the issues of gender equality and development.

11 August
All media, Dushanbe

On 9 August, participants of the round table “Cooperation between the media and the government press services: achievements and perspectives” signed a memorandum on understanding.

In this document, participants recommend – inter alia – to Tajikistan legislative bodies to enhance the legal bases of access to information. Among concrete recommendations are the following: а) information should be presented by public officials to journalists upon request within three days; b) the most essential information should be presented without delay; c) information should be provided to the media for free.

Along with that, participants recommended to the government to support and promote press centers at all government institutions countrywide. A special necessity of having professional personnel and expansion of their authorities is outlined in the document.

13 August
All media

A round table on the topic “How to improve the coverage of women’s problems in the media” was held in Dushanbe (Millat weekly, #33, 13.08.08). Adolati Mirzo, editor of the Millat weekly proposed to create a media organization to tackle the problems of women, protection of their dignity and rights.

27 August
All media, Penjikent, Sughd province

The Tajik NGO Women of the East organized a two-day workshop on legal issues in journalism. The workshop was held for journalists in the city of Penjikent, Sughd province under financial support the Norwegian Helsinki Committee.

Participants studied the recent changes in Tajikistan’s law “On printing and other mass media” and discussed the problems of access to publicly important information.

According to the participants, self-censorship becomes a common feature of Tajik journalists, who adjust their publications to what is considered acceptable for the authorities. They try to avoid sharp angles in political, social and economic life of the country.

29 August
NANSMIT, UJT, Dushanbe

The National Association of Independent Media, Tajikistan (NANSMIT) and the Union of Journalists of Tajikistan (UJT) disseminated a joint statement concerning persecution of a local journalist Tursunali Aliyev. The author is persecuted by the authorities for criticism in his publications.

The media organizations stressed that Tajik journalists become subject to accusations while trying to protect interests of citizens, the society and the state.

On 9 August 2008, prosecutor’s office in Sughd province initiated a criminal case on Article 135, part 3 (libel) of the Tajik Criminal Code against Tursunali Aliev. The case is grounded on the article published on 12 September 2007 in the Tong newspaper. Aliyev has been working in the media for forty years. He is a member of the Tajik Union of Journalists.

Legal experts interpret the actions of the Sughd province law enforcement agencies as deliberate persecution of Tursunali Aliyev, and they serve the interests high-ranked officials. NANSMIT and UJT demand an objective investigation of this case to ensure supremacy of law.

II. VIOLATIONS OF RIGHTS AMONG JOURNALISTS AND THE MEDIA

1. Impediments to legal professional activities of journalists and the media

18 August
Jumaboi Tolibov, director of the Zeravshan Times news agency, Sughd province

Jumaboi Tolibov, director of the Zeravshan Times news agency was investigating a big road accident in Aini district, Sughd province. He was approached by a gentleman whose wife died in that accident. The man complained that a police officer confiscated gold jewelry that belonged to his late wife.

Tolibov asked the investigator about the value of the jewelry for the case under investigation. This question made the officer furious, after which Tolibov was accused of insult of a representative of a law enforcement agency. Moreover, the officer stated that Tolibov is drunk.

Tolibov passed medical examination, and there was no alcohol in his blood, which was also confirmed by the Ainy district interior officers.

COMMENT

Legislation of the Republic of Tajikistan (Article 30 of the Constitution and Articles 2 and 36 of the Law “On printing and other mass media”, Article 3 of the Law “On TV and radio broadcasting” guarantee the freedom of speech and the right to use the mass media.

According to Article 31 of the Law “On printing and other mass media”, journalists have the right to seek for, receive and disseminate information, to produce any records and use audio, photo and video equipment, except for special cases described in the law.

Any impediments to professional activities of journalists, and equally, coercion to disseminate or refuse to disseminate information forms corpus delicti according to Article 162 of the Tajik Criminal Code, and leads to imprisonment for up to five years.

2. Threats to journalists

13 August
Varorud newspaper, Sughd province

On 13 August Nabiyullo Sunnati, correspondent of the Varorud newspaper in Khujand was approached by two individuals who threatened him accusing the journalist of his recent publication.

In his article, Sunnati criticized high prices at the local fair. The journalists said that after the publication, the manager of the fair refused to provide some vendors with premises for selling their goods.

COMMENT

According to Article 36 of the Tajik law “On printing and other mass media”, coercion of journalist to dissemination or refusal from dissemination of information with applied violence or destruction of property entails legal responsibility.

Regrettably, cases of threats to journalists often remain beyond the attention of law enforcement structures. Partially, it happens because journalists themselves do not take such facts into account. It is recommended to journalists to inform the law enforcement agencies on each case involving threats against them or their relatives.

3. Ungrounded denial of providing publicly important information

5 August
Akhmadi Ibroim, freelance journalist, Kulyab, Khatlon province

Akhmadi Ibrohim told the NANSMIT monitoring service that he was collecting information on agricultural issues in Vose district. He approached the first deputy of the district chairman with a request for information. The official said in response that he cannot share any information with the media without a preliminary permission from the higher authorities.

12 August
Mahina Davronova, correspondent, Radio Imruz, Dushanbe

Mahina Davronova, correspondent of a private radio company Imruz applied to Mahmadali Yusupov, press secretary of the Supreme Court of Tajikistan with a question concerning the number of persons convicted to life in prison. The press secretary answered that the Supreme Court does not have such data, and, secondly, such information refers to the state secrecy.

COMMENT

The freedom of speech and the right to use the media are guaranteed by Article 30 of the Tajik Constitution. Certain data containing the state or any other secrets protected by law can be an exception. In cases described above, journalists were not interested in any state secrets.

Article 31 of the law “On printing and other media” ensures the right for journalists to look for, receive and disseminate information by any legal means. And Article 5 of the law in question obliges the government, political and public organizations, institutions and officials to provide the media with requested data. Denial of information can be discussed in court.

4. Ungrounded limitations in providing publicly important information

20 August
Zulfikori Ismoliyon, correspondent, Radio Liberty, Dushanbe

Heads of certain ministries and government agencies gave orders to their press services not to get into contact with the media and to restrain from providing journalists with information without preliminary permission from supreme management. Journalists are advised to send their questions well in advance in written form.

On 20 August, Zulfikori Ismoiliyon, correspondent of Radio Liberty tried to clarify this situation and asked representatives of the Ministry of Economic Development and Trade whether such an order has been given and to what extent it is legitimate. The Ministry officials gave no answer to the journalist.

COMMENT

Freedom of speech and the right to use the mass media are guaranteed by Article 30 of Tajikistan’s Constitution. Certain data containing the state or any other secrets protected by law can be an exception. According to Article 25 of Tajikistan’s law “On information”, limitations on receipt of open information is prohibited.

According to Article 27 of the law “On printing and other mass media”, citizens have the right on immediate receipt of reliable information via the media on activities of government institutions and public officials.

4. Violations of labor rights

1 August
Jaloliddin Sadriddinov, former head of the Interior Ministry press center

Jaloliddin Sadriddinov, former head of the Interior Ministry press center was reinstated in the office following the resolution of the Ismoili Somoni district court.

Sadriddinov was accused of production, dissemination and selling of video porno, but during the investigation, his guilt was not proven, and the order about his dismissal issued by the Minister of Interior is acknowledged invalid.

14 August
Sayofi Mizrob, journalist, Dushanbe

Sayofi Mizrob, former employee of Radio Liberty submitted an application against his former boss to the Ismoili Somoni district court demanding compensation for moral damage. (Nikoh newspaper, #21, 14.08.08). The journalist stated that his employment agreement was not in compliance with the Tajik Labor Code; he also complained that the local office of Radio Liberty did not pay his salary from October 2006 till June 2007.

COMMENT

The monitoring service has been recording numerous cases of violation of labor rights. It should be noted that journalists themselves try to protect their tights, and very often they succeed in this.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Libel (Articles 135-136 of Tajikistan’s Criminal Code)

27 August
Tursunali Aliev, Tong newspaper, Sughd province

On 9 August, the Sughd province prosecutor’s office launched a criminal case afainst Tursunali Aliev on Article 135, part 3 (libel) of the Tajik Criminal Code. The reason for launching the case was an article titles “Shame on the chairman” published on 12 September 2007 in the local newspaper Tong.

The author revealed facts of unlawful privatization of the state property in the district. After the publication, the chairman of Jabbarrasulov district was dismissed from his post, and the prosecutor’s office initiated a criminal case against his deputy (later, the case was terminated).

Along with that, a year ago, the authorities undertook attempts to bring Aliev to responsibility for his publication. The facts described in the article were considered by the prosecutor’s office, but due to the absence of corpus delicti, the case was not initiated.

However, the Sughd province prosecutor’s office has returned to this issue and re-launched the case against Aloev.

COMMENT

Article 135 establishes criminal responsibility if the person deliberately disseminates deceitful information defaming another person. Such crime can be committed only with specific intent. Otherwise, there is no corpus delicti.

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 monitoring presents a compilation of reports from Tajikistan’s media and private reports from the NANSMIT monitoring network in the country.

Coordinator of the Monitoring Network in Tajikistan:
Abdufattokh Vokhidov

Head of the Legal Service:
Orifjon Azimov

Head of the Project in Tajikistan:
Nuriddin Karshibayev

Situation in the sphere of Freedom of Speech in Tajikistan June 2008

In June 2008, the NANSMIT Monitoring Service received 31 reports concerning violations of legal rights of journalists. Twenty of them describe the factual situation in the media in the light of socio-legal and political environment; seven reports describe direct violations of rights of media professionals; and four 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. Actions and behavior of officials defining the factual situation in the media

4 July
Guljakhon Bobosadykova, Chair of the NGO “Women with University Education”, Dushanbe

“The media should be used wider in tackling the problems in the educational system”, — said Guljakhon Bobosadykova, Chair of the NGO “Women with University Education” at a round table on the issues of financing of education. Bobosadykova considers that the Ministry of Education, donor agencies and NGOs should systematically invite the media.

July 11
B. Bobokhonov, Prosecutor General of the Republic of Tajikistan, Dushanbe

On 11 July, at a press conference in Dushanbe, Prosecutor General of Tajikistan, Bobojon Bobokhonov called the leader of the Tajik opposition movement “Vatandor”, Dodojon Atovullo “an information terrorist”. Atovullo is known as a journalist and editor of his newspaper “Charogi Rouz”. The Prosecutor stated that Atovullo, living abroad, far away from his country, humiliates and defames the honor and dignity of the Tajik nation.

2. Factual situation in the sphere of media and freedom of speech

July 2
Central Asian bulletin, BBC, Persian Service, Dushanbe

On 30 July, the Persian Service of BBC finished publishing its Central Asian bulletin. Inoyati Foni, editor of the Persian Service said that the bulletin will be replaced next year with a new web site “BBC – Tajikistan”. Besides that, the British Broadcasting Corporation is launching its Persian-language television.

BBC opened its office in Dushanbe in 1993.

July 7
Somon Video, Ltd., Khujand, Sughd province

On 7 July, the Somon Video venture received the license for audio and video production. The firm was registered in 2002, after which it applied for license to “TajikKinoVideo”, the licensing agency in the sphere of the visual media.

Bakhtiyor Kosimov, director of Somon Video says that his enterprise intends to produce audio and video products for TV companies in Sughd province.

July 10
All media

The Millat weekly (#28, 10.07.08) informs that representatives of the governments of Tajikistan, Iran and Afghanistan have signed a memorandum on the creation of a unified Persian-language television. The headquarters of the new TV company will be located in Dushanbe.

July 10
Vaisiddin Azamatov, deputy director of the Drug Control Agency under the President, Dushanbe

On 10 July, at a press conference in Dushanbe, Major General Vaisiddin Azamatov, deputy director of the Drug Control Agency under the President’s Office stated that the Russian media disseminate “incorrect and dozed information” about drug flows via Tajikistan. The General stressed that Tajikistan does not have any drug-manufacturing laboratories.

July 22
Fergana.ru web site, Dushanbe

During the last two months, Tajikistani have not had access to the web site www.fergana.ru. The OSCE Media Resource Center approached the COMPUWORD Internet providing company requesting explanation. The company said in response that the web site is closed in accordance with the order issued by the Ministry of Communication almost two years ago.

Jamshed Mamadjanov, employee of the OSCE Media Resource Center said that up to quite a recent time, he had access to the web site on his office (via COMPUWORLD); the web site “got closed” after he received accreditation as an official representative of Fergana.ru in Tajikistan.
July 29
Abdurasul Rakhmonov, correspondent of the 1-st Tajik TV Channel, Kulyab, Khatlon province

On 29 July 2008, journalists of the regional news bureau of the First Tajik TV Channel in the city of Kulyab spent many hours at the TV Safina office to get access to editing equipment and send the materials to the Dushanbe studio for broadcasting.

The Monitoring Service found out that the Kuluabi branch of the First TV Channel does not have its own studio for editing; neither has it an office where the personnel could meet and discuss work plans and ongoing activities.

July 30
Tajik television

Journalist Rajabi Mirzo in his article titled “Personnel” (Farazh weekly, #30, 30.07.08) complains that the quality of programs produced and broadcast by the Tajik television leaves much to be desired. New TV companies, such as Safina and Bakhoriston, appeared in the country in the recent years. Conditions of work for media professionals have improved. However, during the same period, TV Somoniyon and Radio Imrouz faced problems; broadcasting of BBC on FM scale was terminated by the Tajik authorities; and many private TV and radio companies cannot receive licenses. The quality of the government electronic media was criticized even by the President.

3. Journalists protecting their civil and professional rights

July 4
All media, Dushanbe

A national conference “Expanding the free dialogue between the licensing body and broadcasting organizations” was held at the Strategic Research Center under the President’s Office.

The conference was organized by the OSCE Center in Dushanbe, the Public Council of the Republic of Tajikistan, the Tajik Association of Independent Electronic Mass Media, Internews Network and F. Ebert Foundation.

The two-day conference was attended by representatives of the President’s Office, TV and radio companies, political parties and journalists.

July 11
Union of Journalists of Tajikistan, NANSMIT, Dushanbe

On 11 July, the board of the Tajik Union of Journalists and the National Association of Independent Mass Media of Tajikistan (NANSMIT) put out a statement in defense of former correspondents of Radio Ozodi (Radio Liberty) Sayofi Mizrob and Khioliki Sangin. Akbarali Sattorov, chairman of the Union of Journalists, and Nuriddin Karshibayev, director of NANSMIT expressed concern about the professional rights of the former employees of the Tajik bureau of Radio Ozodi.
July 11
All media

A workshop “Internet and Journalism” was held on 11 July, in Penjikent city, Sughd province. The event was organized by the Tajik NGO “Women of the East” with financial support from the Helsinki Norwegian Committee.

Zukhra Sharipova, trainer at the seminar told the NANSMIT Monitoring Service that the main goal of the event is to attract the attention of journalists in Penjikent to the global information network and provide them with knowledge and skills so that they would use the Internet in their daily activities.

July 11
Newspaper “Jomea va Tamaddun”, Kairakkoum city, Sughd province

On 11 July, the Association of Teachers of Journalism “Jomea va Tamaddun” (Society & Civilization) opened the Third Summer School for university teachers “Contemporary methodologies of teaching and online journalism”. The initiative is supported financially by the Open Society Institute.

Rukhshona Olimova, the OSI public relations officer told the NANSMIT Monitoring Service that the main goal of the project is to facilitate to the implementation of reforms and introduction of innovations in the educational process of Tajikistan’s universities. Another goal is to help professors and teachers in establishing closer professional contacts.

July 13
All media, Dushanbe

Training sessions for two groups of editors were held from 7 to 13 July in Dushanbe. The educational program is being held within the framework of the project “Mobilization of the media for protection of rights of women and children in Central Asia” implemented by the National Association of Independent Mass Media (NANSMIT) jointly with the BBC Trust Fund, and under support of the European Commission.

Participants have learned about methodologies for covering social topics in the media, especially the problems of women and children. The organizers hope that after the training editors would be able to include these themes in their editorial policies.

A similar workshop was organized for editors in Sughd province of Tajikistan.
July 14
All media, Dushanbe

A round table on the issues of professional ethics code for journalists was held on 18 July in Dushanbe. It was organized by the Tajik Ministry of Foreign Affairs and the public organization “Ittilot va Muoshirat”.

July 18
All media, Dushanbe
A workshop on the issues of Corporate Governance was organized by the International Financial Corporation (IFC) in Dushanbe for local journalists.
Takhmina Nurova, the IFC project coordinator says that the Corporate Governance should be studied as a system of interrelations between various sectors of shareholding companies. These studies should be expanded, and held not only in the form of seminars, but also to be introduced as disciplines in higher educational institutions.
IFC intends to carry put a wide-scale public awareness campaign on the importance of the Corporate Governance.
July, 24
Voulf Lapins, coordinator of Fredrick Ebert Fund in Central Asia, Khorog, GBAO

On 24 July, Voulf Lapins, coordinate or of F. Ebert Fund in Central Asia met with GBAO journalists in Khorog. Lapins said that one of the priorities of his agency is support to the media and training programs for media professionals. The Fund cooperates with both government and non-State organizations.
Июль, 17
All media, Dushanbe

A Jour Fix Club is opened in Dushanbe. The term “jour fix” is the French for “definite day”. In the last century, this term meant a certain regular day for guests, i.e. some kind of reception.
The initiative of Jour Fix for journalists is supported by the OSCE Media Resource Center.

II. VIOLATIONS OF RIGHTS AMONG JOURNALISTS AND THE MEDIA

1. Impediments to legal professional activities of journalists and the media

July, 18
Radio Liberty, Khorog, GBAO

On 18 July, Mirzojalol Shokamolov, correspondent of the Radio Liverty Persian service was denied access to the airport in the city of Khorog. The correspondent had his accreditation card and a special permission from the GBAO administration on media coverage of the Tajik President’s visit to Gorno Badakhshan. The Radio Liberty administration interprets this incident as a violation of professional rights of its representative.

COMMENT

The legislation of the Republic of Tajikistan (Article 30 of the Constitution, Articles 2 and 36 of the Law “On printing and other mass media”, and Article 3 of the Law “On television and radio broadcasting”) guarantee and protect the freedom of speech and the fight to use the mass media.
According to Article 31 of the Law “On printing and other mass media”, journalists have the right to seek for, receive and disseminate information, to produce any records, including those involving the use of audio and video equipment, to carry out video and photo shooting, except for the cases described in the law.
Impediments in any form to professional activities of journalists, as well as compulsion to dissemination or refusal from dissemination of information forms corpus delicti, according to Article 162 of Tajikistan’s Criminal Code, and envisages imprisonment for up to five years.

2. Ungrounded denial of providing publicly important information

July 7
Valentina Kasymbekova, freelance journalist, Dushanbe

On 7 July 2008, Valentina Kasymbekova, a freelance journalist received a denial from the Council of Justice of Tajikistan on her request concerning the number of lawsuits and housing cases. The letter from the Council of Justice signed by Matluba Khabibulayeva, First Deputy of the Chairman said contained the following explanation: “Your request concerning the number of housing cases during the period of 1995 – 2007 has been considered. According to the legislation of the Republic of Tajikistan, the requested data refers to secrecy. In this regard, the Council of Justice cannot provide you with these data”.
Kasymbekova applied to the Council of Justice thrice requesting this particular information, and only one time she received a written denial.
July 30
Abdulmumin Sherkhonov, editor of the Pazhvok newspaper, Kulyab, Khatlon province

Abdulmumin Sherkhonov, editor of the newspaper Pazhvok faced unmotivated denial of information from the colonel Kayum Talbakov, deputy head of the city police department.
COMMENT

Freedom of speech, press and the right to use the mass media are guaranteed and protected by Article 30 of the Constitution of the Republic of Tajikistan. Only information constituting the State or other secrets protected by the legislation could be considered as an exception. In the cases described above, journalists were interested in obtaining information, which do not have any reference to the State or other essential secrets. Article 31 of the Law “On printing and other media” provides journalists with the right to look for, receive and disseminate information by any legal means. Article 5 of the Law in question, obliges the State, political and public organizations, institutions and officials to provide the mass media with requested information. The denial of information, in accordance with Article 27 of the same Law, can be appealed by the media representatives in court.

3. Ungrounded limitations in providing publicly important information

July 10
Vecherny Dushanbe weekly, Dushanbe

Vecherny Dushanbe weekly (#28, 10.07.08) published a material containing a retort addressed to press services of ministries and government institutions. The publication contains specific criticism against press services of the Dushanbe Municipal Interior Department and the Tajik Interior Ministry.
July 21
Varorud newspaper, Khujand, Sughd province

The Panjshanbe marker laboratory in the city of Khujand, Sughd province, refused to share information n sanitary-hygienic conditions and standards of sale of food at the market to three interns of the public-political newspaper Varorud. The laboratory personnel explained that they are afraid of criticism.
In response to that, Varodud published and article (16 July 2008, #29 (319), requiring a feedback from the Sughd province Sanitary-epidemiological Station.
July 28
Mirzoazam Maksudov, correspondent, Sogdiyskaya Pravda newspaper, Khujand, Sughd province

Administration of the shareholding company Lal avoids meetings with journalists. Mirzoazam Maksudov, correspondent of the local newspaper Sogdiyskaya Pravda came to the company to find out the reasons of deficit of glass containers in food canning factories.
COMMENT

Freedom of speech, press and the right to use the mass media are guaranteed and protected by Article 30 of the Constitution of the Republic of Tajikistan. Only information constituting the State or other secrets protected by the legislation could be considered as an exception. According to Article 25 of the Law of the Republic of Tajikistan “On Information”, any limitations on receipt of open information are not lawful.
According to Article 27 of the Law “On printing and other mass media”, citizens have the right to promptly receive reliable information through the mass media about activities of State bodies, public units, and public officials. This provision obliges the State bodies and public officials to provide journalists with any requested information about their activities, without delays. Such artificial impediments in receiving requested information are unlawful.

4. Violation of labor rights

July 9
Sayofi Mizrob, correspondent, Radio Liberty, Dyshanbe
Sayofi Mizrob, correspondent of the Radio Liberty Tajik service resigned from his position of his own free will. He stated that this step is taken in protest against the terms of reference in labor contracts composed by the Tajik Bureau of Radio Liberty, and, according to his opinion, they contradict to the Tajik labor legislation.

COMMENT

In this case, the labor contract is terminated upon the employee’s initiative, which does not contradict to the labor legislation. If the employee considers that his rights are impaired, he can appeal to the court.

III. CONFLICTS AND ACCUSATIONS AGAINST OF MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

July 17
Social Party of Tajikistan, Dushanbe

The Social Party of Tajikistan (Mirkhuseon Nazriev’s wing) asked the Tajik law enforcement agencies to apply measures against authors working for two private newspapers – Farazh and Nigokh.
The journalists are accused of defaming the honor and dignity of Safarali Kenjayev, the founder of the political party.
July 24
Sayofi Mizrob, ex correspondent of Radio Liberty, Dushanbe

Sayofi Mizrob, former correspondent of Radio Liberty appealed to prosecutor general’s office against the Tajik service of Radio Liberty. The journalism claims that the Tajik service’s pulications and reports defame the President, his relatives, government officials, the prosecutor’s office personnel and some well-known personalities in the country.
The journalist states that Radio Liberty describes the Tajik government only from the negative and critical point of view. He also accuses Kudrat Shakhidi, director of the Tajik service based in Prague of incorrect opinion poll conducted among the population of Tajikistan and containing provocative questions.

July 30
Kommersant newspaper

The Russian newspaper Kommersant published a “sensational” article saying that the “Tajik government has agreed with the Russian conditions regarding the terms of construction of the Roghun hydropower plant”. Kommersant referred to a letter allegedly signed by Asadullo Gulomov, Tajik deputy prime minister, saying that the Tajik side is ready to give Russia 75% of shares in the Roghun hydropower plant (similarly to Sangtuda-1 hydropower plant).
Asadullo Gulomov confuted the allegations of the Russian newspaper saying that “there was a letter addressed to the Russian party, but it was misquoted in Kommersant’s publication”.

July 31
Tajikstandard, metrological agency, Khujand, Sughd province

The Center for Standardization, Metrology and Certification (Tajikstanfard) in Sughd province is going to appeal to the court against the Sughd weekly. This intention was voiced at a press conference by the Tajikstandard administration who claim that the newspaper groundlessly criticized the agency in its publications.
COMMENT

According to Articles 24, 26 of the Law of the Republic of Tajikistan “On printing and other mass media”, the individual who considers that the published material contains untrue or unreliable information, has the right to demand publication pf an answer or refutation of the previously made statement. In case of refusal or avoidance of the medium to publish the answer (explanation), or in case of untimely publication (beyond the established term), the individual or legal entity can appeal to the court.

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 monitoring presents a compilation of reports from Tajikistan’s media and private reports from the NANSMIT monitoring network in the country.

Coordinator of the Monitoring Network in Tajikistan:
Abdufattokh Vokhidov

Head of the Legal Service:
Orifjon Azimov

Head of the Project in Tajikistan:
Nuriddin Karshibayev

Freedom of Speech in Tajikistan Situation in June 2008

In June 2008, the NANSMIT Monitoring Service received 31 reports concerning violations of legal rights of journalists. Twenty of them describe the factual situation in the media in the light of socio-legal and political environment; seven reports describe direct violations of rights of media professionals; and four 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. Actions and behavior of officials defining the factual situation in the media

4 June
Guljakhon Bobosadykova, Chair of the NGO “Women with University Education”, Dushanbe

“The media should be used wider in tackling the problems in the educational system”, — said Guljakhon Bobosadykova, Chair of the NGO “Women with University Education” at a round table on the issues of financing of education. Bobosadykova considers that the Ministry of Education, donor agencies and NGOs should systematically invite the media.

July 11
B. Bobokhonov, Prosecutor General of the Republic of Tajikistan, Dushanbe

On 11 July, at a press conference in Dushanbe, Prosecutor General of Tajikistan, Bobojon Bobokhonov called the leader of the Tajik opposition movement “Vatandor”, Dodojon Atovullo “an information terrorist”. Atovullo is known as a journalist and editor of his newspaper “Charogi Rouz”. The Prosecutor stated that Atovullo, living abroad, far away from his country, humiliates and defames the honor and dignity of the Tajik nation.

2. Factual situation in the sphere of media and freedom of speech

July 2
Central Asian bulletin, BBC, Persian Service, Dushanbe

On 30 July, the Persian Service of BBC finished publishing its Central Asian bulletin. Inoyati Foni, editor of the Persian Service said that the bulletin will be replaced next year with a new web site “BBC – Tajikistan”. Besides that, the British Broadcasting Corporation is launching its Persian-language television.

BBC opened its office in Dushanbe in 1993.

July 7
Somon Video, Ltd., Khujand, Sughd province

On 7 July, the Somon Video venture received the license for audio and video production. The firm was registered in 2002, after which it applied for license to “TajikKinoVideo”, the licensing agency in the sphere of the visual media.

Bakhtiyor Kosimov, director of Somon Video says that his enterprise intends to produce audio and video products for TV companies in Sughd province.

July 10
All media

The Millat weekly (#28, 10.07.08) informs that representatives of the governments of Tajikistan, Iran and Afghanistan have signed a memorandum on the creation of a unified Persian-language television. The headquarters of the new TV company will be located in Dushanbe.

July 10
Vaisiddin Azamatov, deputy director of the Drug Control Agency under the President, Dushanbe

On 10 July, at a press conference in Dushanbe, Major General Vaisiddin Azamatov, deputy director of the Drug Control Agency under the President’s Office stated that the Russian media disseminate “incorrect and dozed information” about drug flows via Tajikistan. The General stressed that Tajikistan does not have any drug-manufacturing laboratories.

July 22
Fergana.ru web site, Dushanbe

During the last two months, Tajikistani have not had access to the web site www.fergana.ru. The OSCE Media Resource Center approached the COMPUWORD Internet providing company requesting explanation. The company said in response that the web site is closed in accordance with the order issued by the Ministry of Communication almost two years ago.

Jamshed Mamadjanov, employee of the OSCE Media Resource Center said that up to quite a recent time, he had access to the web site on his office (via COMPUWORLD); the web site “got closed” after he received accreditation as an official representative of Fergana.ru in Tajikistan.
July 29
Abdurasul Rakhmonov, correspondent of the 1-st Tajik TV Channel, Kulyab, Khatlon province

On 29 July 2008, journalists of the regional news bureau of the First Tajik TV Channel in the city of Kulyab spent many hours at the TV Safina office to get access to editing equipment and send the materials to the Dushanbe studio for broadcasting.

The Monitoring Service found out that the Kuluabi branch of the First TV Channel does not have its own studio for editing; neither has it an office where the personnel could meet and discuss work plans and ongoing activities.

July 30
Tajik television

Journalist Rajabi Mirzo in his article titled “Personnel” (Farazh weekly, #30, 30.07.08) complains that the quality of programs produced and broadcast by the Tajik television leaves much to be desired. New TV companies, such as Safina and Bakhoriston, appeared in the country in the recent years. Conditions of work for media professionals have improved. However, during the same period, TV Somoniyon and Radio Imrouz faced problems; broadcasting of BBC on FM scale was terminated by the Tajik authorities; and many private TV and radio companies cannot receive licenses. The quality of the government electronic media was criticized even by the President.

3. Journalists protecting their civil and professional rights

July 4
All media, Dushanbe

A national conference “Expanding the free dialogue between the licensing body and broadcasting organizations” was held at the Strategic Research Center under the President’s Office.

The conference was organized by the OSCE Center in Dushanbe, the Public Council of the Republic of Tajikistan, the Tajik Association of Independent Electronic Mass Media, Internews Network and F. Ebert Foundation.

The two-day conference was attended by representatives of the President’s Office, TV and radio companies, political parties and journalists.

July 11
Union of Journalists of Tajikistan, NANSMIT, Dushanbe

On 11 July, the board of the Tajik Union of Journalists and the National Association of Independent Mass Media of Tajikistan (NANSMIT) put out a statement in defense of former correspondents of Radio Ozodi (Radio Liberty) Sayofi Mizrob and Khioliki Sangin. Akbarali Sattorov, chairman of the Union of Journalists, and Nuriddin Karshibayev, director of NANSMIT expressed concern about the professional rights of the former employees of the Tajik bureau of Radio Ozodi.

July 11
All media

A workshop “Internet and Journalism” was held on 11 July, in Penjikent city, Sughd province. The event was organized by the Tajik NGO “Women of the East” with financial support from the Helsinki Norwegian Committee.

Zukhra Sharipova, trainer at the seminar told the NANSMIT Monitoring Service that the main goal of the event is to attract the attention of journalists in Penjikent to the global information network and provide them with knowledge and skills so that they would use the Internet in their daily activities.

July 11
Newspaper “Jomea va Tamaddun”, Kairakkoum city, Sughd province

On 11 July, the Association of Teachers of Journalism “Jomea va Tamaddun” (Society & Civilization) opened the Third Summer School for university teachers “Contemporary methodologies of teaching and online journalism”. The initiative is supported financially by the Open Society Institute.

Rukhshona Olimova, the OSI public relations officer told the NANSMIT Monitoring Service that the main goal of the project is to facilitate to the implementation of reforms and introduction of innovations in the educational process of Tajikistan’s universities. Another goal is to help professors and teachers in establishing closer professional contacts.

July 13
All media, Dushanbe

Training sessions for two groups of editors were held from 7 to 13 July in Dushanbe. The educational program is being held within the framework of the project “Mobilization of the media for protection of rights of women and children in Central Asia” implemented by the National Association of Independent Mass Media (NANSMIT) jointly with the BBC Trust Fund, and under support of the European Commission.

Participants have learned about methodologies for covering social topics in the media, especially the problems of women and children. The organizers hope that after the training editors would be able to include these themes in their editorial policies.

A similar workshop was organized for editors in Sughd province of Tajikistan.

July 14
All media, Dushanbe

A round table on the issues of professional ethics code for journalists was held on 18 July in Dushanbe. It was organized by the Tajik Ministry of Foreign Affairs and the public organization “Ittilot va Muoshirat”.

July 18
All media, Dushanbe
A workshop on the issues of Corporate Governance was organized by the International Financial Corporation (IFC) in Dushanbe for local journalists.
Takhmina Nurova, the IFC project coordinator says that the Corporate Governance should be studied as a system of interrelations between various sectors of shareholding companies. These studies should be expanded, and held not only in the form of seminars, but also to be introduced as disciplines in higher educational institutions.
IFC intends to carry put a wide-scale public awareness campaign on the importance of the Corporate Governance.

July, 24
Voulf Lapins, coordinator of Fredrick Ebert Fund in Central Asia, Khorog, GBAO

On 24 July, Voulf Lapins, coordinate or of F. Ebert Fund in Central Asia met with GBAO journalists in Khorog. Lapins said that one of the priorities of his agency is support to the media and training programs for media professionals. The Fund cooperates with both government and non-State organizations.

July, 17
All media, Dushanbe

A Jour Fix Club is opened in Dushanbe. The term “jour fix” is the French for “definite day”. In the last century, this term meant a certain regular day for guests, i.e. some kind of reception.
The initiative of Jour Fix for journalists is supported by the OSCE Media Resource Center.

II. VIOLATIONS OF RIGHTS AMONG JOURNALISTS AND THE MEDIA

1. Impediments to legal professional activities of journalists and the media

July, 18
Radio Liberty, Khorog, GBAO

On 18 July, Mirzojalol Shokamolov, correspondent of the Radio Liverty Persian service was denied access to the airport in the city of Khorog. The correspondent had his accreditation card and a special permission from the GBAO administration on media coverage of the Tajik President’s visit to Gorno Badakhshan. The Radio Liberty administration interprets this incident as a violation of professional rights of its representative.

COMMENT

The legislation of the Republic of Tajikistan (Article 30 of the Constitution, Articles 2 and 36 of the Law “On printing and other mass media”, and Article 3 of the Law “On television and radio broadcasting”) guarantee and protect the freedom of speech and the fight to use the mass media.
According to Article 31 of the Law “On printing and other mass media”, journalists have the right to seek for, receive and disseminate information, to produce any records, including those involving the use of audio and video equipment, to carry out video and photo shooting, except for the cases described in the law.
Impediments in any form to professional activities of journalists, as well as compulsion to dissemination or refusal from dissemination of information forms corpus delicti, according to Article 162 of Tajikistan’s Criminal Code, and envisages imprisonment for up to five years.

2. Ungrounded denial of providing publicly important information

July 7
Valentina Kasymbekova, freelance journalist, Dushanbe

On 7 July 2008, Valentina Kasymbekova, a freelance journalist received a denial from the Council of Justice of Tajikistan on her request concerning the number of lawsuits and housing cases. The letter from the Council of Justice signed by Matluba Khabibulayeva, First Deputy of the Chairman said contained the following explanation: “Your request concerning the number of housing cases during the period of 1995 – 2007 has been considered. According to the legislation of the Republic of Tajikistan, the requested data refers to secrecy. In this regard, the Council of Justice cannot provide you with these data”.
Kasymbekova applied to the Council of Justice thrice requesting this particular information, and only one time she received a written denial.

July 30
Abdulmumin Sherkhonov, editor of the Pazhvok newspaper, Kulyab, Khatlon province

Abdulmumin Sherkhonov, editor of the newspaper Pazhvok faced unmotivated denial of information from the colonel Kayum Talbakov, deputy head of the city police department.
COMMENT

Freedom of speech, press and the right to use the mass media are guaranteed and protected by Article 30 of the Constitution of the Republic of Tajikistan. Only information constituting the State or other secrets protected by the legislation could be considered as an exception. In the cases described above, journalists were interested in obtaining information, which do not have any reference to the State or other essential secrets. Article 31 of the Law “On printing and other media” provides journalists with the right to look for, receive and disseminate information by any legal means. Article 5 of the Law in question, obliges the State, political and public organizations, institutions and officials to provide the mass media with requested information. The denial of information, in accordance with Article 27 of the same Law, can be appealed by the media representatives in court.

3. Ungrounded limitations in providing publicly important information

July 10
Vecherny Dushanbe weekly, Dushanbe

Vecherny Dushanbe weekly (#28, 10.07.08) published a material containing a retort addressed to press services of ministries and government institutions. The publication contains specific criticism against press services of the Dushanbe Municipal Interior Department and the Tajik Interior Ministry.

July 21
Varorud newspaper, Khujand, Sughd province

The Panjshanbe marker laboratory in the city of Khujand, Sughd province, refused to share information n sanitary-hygienic conditions and standards of sale of food at the market to three interns of the public-political newspaper Varorud. The laboratory personnel explained that they are afraid of criticism.
In response to that, Varodud published and article (16 July 2008, #29 (319), requiring a feedback from the Sughd province Sanitary-epidemiological Station.
July 28
Mirzoazam Maksudov, correspondent, Sogdiyskaya Pravda newspaper, Khujand, Sughd province

Administration of the shareholding company Lal avoids meetings with journalists. Mirzoazam Maksudov, correspondent of the local newspaper Sogdiyskaya Pravda came to the company to find out the reasons of deficit of glass containers in food canning factories.
COMMENT

Freedom of speech, press and the right to use the mass media are guaranteed and protected by Article 30 of the Constitution of the Republic of Tajikistan. Only information constituting the State or other secrets protected by the legislation could be considered as an exception. According to Article 25 of the Law of the Republic of Tajikistan “On Information”, any limitations on receipt of open information are not lawful.
According to Article 27 of the Law “On printing and other mass media”, citizens have the right to promptly receive reliable information through the mass media about activities of State bodies, public units, and public officials. This provision obliges the State bodies and public officials to provide journalists with any requested information about their activities, without delays. Such artificial impediments in receiving requested information are unlawful.

4. Violation of labor rights

July 9
Sayofi Mizrob, correspondent, Radio Liberty, Dyshanbe
Sayofi Mizrob, correspondent of the Radio Liberty Tajik service resigned from his position of his own free will. He stated that this step is taken in protest against the terms of reference in labor contracts composed by the Tajik Bureau of Radio Liberty, and, according to his opinion, they contradict to the Tajik labor legislation.

COMMENT

In this case, the labor contract is terminated upon the employee’s initiative, which does not contradict to the labor legislation. If the employee considers that his rights are impaired, he can appeal to the court.

III. CONFLICTS AND ACCUSATIONS AGAINST OF MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

July 17
Social Party of Tajikistan, Dushanbe

The Social Party of Tajikistan (Mirkhuseon Nazriev’s wing) asked the Tajik law enforcement agencies to apply measures against authors working for two private newspapers – Farazh and Nigokh.
The journalists are accused of defaming the honor and dignity of Safarali Kenjayev, the founder of the political party.

July 24
Sayofi Mizrob, ex correspondent of Radio Liberty, Dushanbe

Sayofi Mizrob, former correspondent of Radio Liberty appealed to prosecutor general’s office against the Tajik service of Radio Liberty. The journalism claims that the Tajik service’s pulications and reports defame the President, his relatives, government officials, the prosecutor’s office personnel and some well-known personalities in the country.
The journalist states that Radio Liberty describes the Tajik government only from the negative and critical point of view. He also accuses Kudrat Shakhidi, director of the Tajik service based in Prague of incorrect opinion poll conducted among the population of Tajikistan and containing provocative questions.

July 30
Kommersant newspaper

The Russian newspaper Kommersant published a “sensational” article saying that the “Tajik government has agreed with the Russian conditions regarding the terms of construction of the Roghun hydropower plant”. Kommersant referred to a letter allegedly signed by Asadullo Gulomov, Tajik deputy prime minister, saying that the Tajik side is ready to give Russia 75% of shares in the Roghun hydropower plant (similarly to Sangtuda-1 hydropower plant).
Asadullo Gulomov confuted the allegations of the Russian newspaper saying that “there was a letter addressed to the Russian party, but it was misquoted in Kommersant’s publication”.

July 31
Tajikstandard, metrological agency, Khujand, Sughd province

The Center for Standardization, Metrology and Certification (Tajikstanfard) in Sughd province is going to appeal to the court against the Sughd weekly. This intention was voiced at a press conference by the Tajikstandard administration who claim that the newspaper groundlessly criticized the agency in its publications.

COMMENT

According to Articles 24, 26 of the Law of the Republic of Tajikistan “On printing and other mass media”, the individual who considers that the published material contains untrue or unreliable information, has the right to demand publication pf an answer or refutation of the previously made statement. In case of refusal or avoidance of the medium to publish the answer (explanation), or in case of untimely publication (beyond the established term), the individual or legal entity can appeal to the court.

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