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 November 2008

In November 2008, the NANSMIT Monitoring Service received 21 reports. Fifteen 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 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. Evaluation of the situation in the media and freedom of press

5 November
TV channel Jahonnamo, Dushanbe

A new TV channel Jahonnamo was launched in Dushanbe on 5 November, on the eve of the Constitution Day.
President of Tajikistan Emomali Rakhmon took part in the opening ceremony. In his speech, the President raised the issue of human resources and the importance of qualified journalists.
Jahonnamo will broadcast 24 hours a day. For the first period it will be covering 60 percent of Tajikistan’s territory. It is planned to plug the channel to the satellite network.
The government allocated the amount of $320 thousand to procure equipment for the TV station.

5 November
Farkhang radio channel, Dushanbe

A new radio channel Farkhang (Culture) was launched in Dushanbe on 5 November.

The new radio station received a frequency on the FM band — 106,5 FM.

Farkhang has become the fourth among the state radio channels.

12 November
Newspaper “Az dast ba dast” (“From hand to hand), Khujand, Sughd province

A new printing outlet “Az dast ba dast” came off the press last week in Sughd province of Tajikistan.

Nabiullokhi Ekhson, the founder of the newspaper told the NANSMIT monitoring service that the initial circulation is three thousand copies, and it is disseminated for free among entrepreneurs and public at large in the province.
“This is the first information-advertisement private newspaper in Sughd, where people can publish their commercial announcements at moderate prices,” – said Ekhson.
The newspaper is bilingual – published in Russian and Tajik languages.

18 November
Medical outlet “Salomat boshed” (Be healthy), Dushanbe

The medical newspaper “Salomat boshed” founded in 2005 has received financial support from the Ministry of Health and obtained a new national status.
Fotima Yakubova, the Health Ministry’s press secretary says that from now on, this weekly newspaper will be available in all regions of the country; besides that, it will be disseminated through medical institutions. The current printout is two thousand copies; it is planned to increase the number of copies in the future.

21 November
Migrant_tj, private illustrated magazine, Dushanbe

Rakhmon Ulmasov, publisher of the new private magazine says that the main goal of his outlet is to help the government institutions find solutions of problems the Tajik labor migrant are facing.

Apart from feature stories, the magazine introduces a number of legal documents regarding labor migration issues adopted in Tajikistan and other countries. The magazine also contains statistical data on various aspects of labor migration.

Migrant_tj also contains samples of labor certificates, migration cards and information on rates on services for migrants.

25 November
All media, Khujand, Sughd province
“The reason of instability and liquidation of some media is the absence of the marketing service”, — said Leo Enhuen, a media consultant. There are many professional media teams in Tajikistan, but they do not have sufficient skills in selling their products.
Leo Enhuen conducted a workshop for journalists of the Varorud newspaper in Khujand.

2. Actions of officials defining the real situation in the sphere of media

24 November
Bomdod newspaper, Kurgan-Tube, Khatlon province

Chairman of the Khatlon province Gaibullo Afzalov issued an order obliging all local officials to subscribe for the private newspaper Bomdod. The chairman also promised to render financial assistance to the newspaper.

4 November
TV Safina, Dushanbe

Representatives of the governments of Tajikistan and Japan signed an agreement on enhancing the quality of broadcasting of the state Safina television.
The government of Japan has allocated a grant in the amount of $360,9 thousand for technical renovations and procurement of equipment for the TV station.

3. Journalists protecting their civil and professional rights

6 November
All media

The Asia Plus weekly published an appeal of participants of the international conference “Decriminalization of defamation – an important step towards democracy” (№45, 6.11.08). The appeal is addressed to the President and the Parliament of Tajikistan.
The authors consider that criminal punishment is excessive and not commensurate with delinquencies related to defamation.

Participants of the forum suggested to lawmakers to abolish Articles 135 “defamation” and Article 136 “offence”, and to transfer legal relationship related to honor and dignity to the sphere of civil procedural legislation. It is also suggested to abolish Article 330 “Insult of a representative of power” of Tajikistan’s Criminal Code.

14 November
All media, Dushanbe

The OSI Media Program and the International School of Journalism MediaNet Kazakhstan held a presentation of a study in the sphere of education in journalism.
The study was performed in October 2008 by Vyacheslav Abramov, consultant of MediaNet Kazakhstan.
Rukhshona Olimova, the OSI Media Program coordinator told NANSMIT that the main purpose of the study was clarification of the situation in the sphere of media education and development of practical recommendations.
The invited consultant conducted his study in the form of interviews with key representatives of universities preparing future journalists and with the Tajik media communities.

14 November
All media, Dushanbe

The Tajik Union of Journalists jointly with the Drug Control Agency under the President’s Office conducted a contest for journalist under the motto “Say No to drugs!” The contest for journalists working for radio, television and printing outlets was launched in August within the framework of a wider public awareness campaign financed by the European Union and supported by the UN Development Program.
About 60 journalists took part in the contest’s three nominations.
The best article belongs to Jumaboi Tolibov, correspondent of the Farazh weekly. The best radio program was produced by Saidjafar Ashurov who represents Radio Tajikistan. Among the TV programs, the jury indicated the program Shabakai Avval produced by Nazokat Negmatova.

18 November
Union of Journalists, Dushanbe

The Board of Tajikistan’s Union of Journalists assumed a decision on celebrating its 50-th anniversary.
Akbarali Sattorov, chairman of the Union said that on the eve of the anniversary, the UJT will publish a book telling the history of the Tajik journalism.
It is also planned to launch a contest for journalists with various nominations.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Impediments to professional activities

28 November
Akhmadi Ibrokhim, correspondent, SSSR newspaper, Kulyab, Khatlon province

A series of original articles published by Akhmad Ibrokhim in newspapers Nikokh and SSSR resulted in an open provocation against the author.
The journalist told our monitoring service that on 27 November he was verbally attacked by a relative of a spiritual leader, who was a character in his article. Ibrohim’s articles concern the role and place of spiritual leaders in the Tajik civil war (1992-2001). The author also criticizes certain preachers, who abuse of people’s illiteracy, distorting Islamic prescriptions and rules for their own benefit.

COMMENT

Impediments to legal professional activities of journalists, as well as coercion to dissemination of information or refusal to disseminate information applying violence, destruction of property, and other threats to journalists lead to responsibility according to Article 162 of Tajikistan’s Criminal Code.

2. Ungrounded denial of publicly important information

12 November
Turko Dikaev, Asia Plus, Dushanbe

Turko Dikaev, correspondent of Asia Plus news agency approached representatives of Oriyonbank in Khatlon province with a request regarding the volumes of remittances from Tajik labor migrants. Safarmad Rustamov, representative of the local branch of the bank said that these data can be obtained only from the bank’s headquarters in Dushanbe.
The correspondent confirmed that the other affiliates of Oriyonbank in Khatlon province refused to provide information about the labor migrants’ remittances referring to an official “embargo” on these data.

COMMENT

Freedom of speech is guaranteed by Article 30 of the Constitution of the Republic of Tajikistan. Only data referring to state secrecy might be considered as an exception. As for the case in question, the journalist was interested in receiving data, which has nothing to do with state secrets.
Article 31 of the Law of the Republic of Tajikistan “On printing and other mass media” enables journalists to look for, receive and disseminate information applying any legal means. And Article 5 of the Law in question obliges state, political and public organizations, entities and their officials to provide the media with requested information. Denial in provision of information, according to Article 27 of the Law in question, can be discussed between the medium and the relevant official, and also can be considered in court.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Accusation of libel (Article 135, part 3)

13 November
Tursunali Aliev, Tong newspaper, Khujand, Sughd province

A criminal case against Tursunali Aliev is terminated due to reconciliation of the parties according to Article 73 of Tajikistan’s Criminal Code, and Article 5 of the Criminal Procedural Code.
The criminal case on Article 135, part 3 (libel related to accusation of an individual of committing a grave crime) of the Criminal Code was initiated against Tursnali Aliev on 9 August 2008. The accusation was based on the publication titled “Shame on the chairman” (Tong newspaper, 12 September 2007). The author criticized Nurillo Rakhmatov, head of administration in Jabborrasulov district.

COMMENT

Libel is dissemination of patently false statements defaming honor and dignity of an individual and undermining his/her reputation. The journalist was protecting his personal interests, not pursuing any selfish goals. The termination of this case is quite logical and fully justified.

2. Claim for protection of honor, dignity and business reputation

20 November
Asia Plus weekly, Dushanbe

The Asia Plus weekly published an interview with widow of the late Langari Langariev, one of field commanders of the Tajik popular front in the 1990-s. The widow complained that she and her children are forgotten not only by the society, but also by her late husband’s relatives.
Relatives of the late field commander denied this information and approached the Asia Plus weekly with confutation.

20 November
Millat newspaper, Dushanbe

Former chairman of Tajikistan’s Supreme Council Akbarsho Iskandarov in his interview to the Millat newspaper (#47, 20.10.08) refutes statements previously made by Khabibulo Tabarov, an official from Khamadoni district, whose interview was published in the same newspaper.
In September 2008, Millat published an article where Tabarov shared his thoughts about the civil war in Tajikistan, in particular, about the 16-th session of the Supreme Council held in Khujand. Tabarov hinted in his statements that Iskandarov supported the Islamic opposition in the years of the inter-Tajik conflict.

COMMENT

According to Articles 24 and 26 of Tajikistan’s Law “On printing and other mass media”, the individual, who considers that published information is not trustworthy, has the right to demand publication of a response or confutation. If the medium refuses to publish a response or confutation, or if it does not observe the fixed time for publication, the individual or legal entity has the right to address a complaint to the court.
If personal non-property rights are violated, such as honor, dignity and business reputation, the civil liability comes into force, according to Articles 172 and 174 of the Civil Code, only in the following conditions:

— if the publication contains trustworthy data, not opinions or evaluative judgements;

— if these data are not reliable, i.e. they do not represent the facts;

— if they defame honor, dignity or business reputation of compliant in terms of observation of laws and moral principles of the society by him.

3. Infringement of copyright

26 November
All media

“Copyright should be protected”, — said Numon Mukimov, head of the copyright union of the Tajik Ministry of Culture. The official says that certain Tajik media use materials from the Internet without references to the source and author, disseminating compilations in the form of books and brochures. There are plenty of stores selling unlicensed video and audio products.

COMMENT

Such actions are criminally punishable acts according to Article 156 of Tajikistan’s Criminal Code. However, cases on protection of copyright are investigated as separate appeals upon application of the possessor of rights.

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