ANALYTIC REPORT

on Freedom of Speech Situation in Central Asian States

(Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan)

based on the Monitoring of Violations of Freedom of Speech in Central Asia

in first quarter of 2005

STATE OF FREEDOM OF SPEECH IN GENERAL

Soviet legacy of irreplaceable leaders and ruling elites had passed away. Economic freedom brought political and civil liberties, including freedom of expression. The process endures in all countries, and it is inevitable. The pace of this process is different in all countries; it depends on political and economic conditions, and government’s willingness to reform the country, striving for democracy, and to transfer the power. There are other significant factors that determine the pace of the process: civil institutions, culture and civic consciousness of people, and organized and popular opposition.

We had to answer some of these questions during last Parliamentary and Presidential elections, the rest of them are to be answered soon. It’s though important to keep off the civilized path.   

In all the four countries, the opposition has many times rebuked the authorities for using administrative resource, violating principles of equal opportunities to campaign for candidates, exerting pressure on media outlets and journalists, non-transparent polling and votes counting processes.   

The monitoring has registered numerous violations of media outlets’ and journalists’ right to receive information of public interest during the election period. Media outlets and journalists were required to have documents additional to those listed in the law, in order to access polling stations. In many cases, they were rudely prevented from carrying out professional activities or forced out of the polling stations. The monitoring also registered a number of lawsuits filed against media outlets and journalists that were allegedly based on violations of the provision on electoral ads, and attacks on honor and dignity of candidates.

The freedom of expression was also undermined by incidents of particular newspapers’ circulations seized without ever reaching the court. The political fight during the election period had negatively affected journalists’ day-to-day life. Although the authorities of four CA countries are in a strong position, the opposition underlined the authorities had failed to ensure free and fair elections. The general socio-political conditions in Central Asia are tranquil.

Kyrgyz revolution was shocking for the authorities. They are likely to further mark public life of the region.

Power crisis and crisis of production and public relationships had been predicted a long time ago. Formally the crises were said to have been caused by poverty. The Central Asian countries lack small and middle class entrepreneurs that could be identified as middle class in CA societies, civil institutions, strong and organized opposition, and good faith of the ruling elite. All of the above usually play stabilizing role. Worth mentioning, the monitoring reports highlight civil institutions, including freedom of expression organizations, as the only to have called on the authorities to fight within the accepted bounds.

  KAZAKHSTAN

An intensified political fight during the past Presidential and Parliamentary elections has negatively affected actual conditions for media outlets and freedom of expression.

Ruling party Otan received the absolute majority of votes, and, therefore, a chance to pass any laws, including unpopular ones, to underline its victory. In the first quarter of 2005, the parliament passed the laws “On counteracting extremism,” and “On amendments to some legislative acts related to extremism issues.” According to experts, the first law has a vague and unclear terminology that allows broader interpretations and application. The second law extends the number of subjects, elements, types of responsibility and sanctions for administrative offences.  

For instance, article 374 of the Code of Administrative Offence “Violation of legislation on public associations,” stipulates, that any member of public association, including the Union and Congress of Journalists, can be held responsible for carrying out activities, that do not correspond to mission statement, set in charter of the association and for violating any law of the RK. Provided sanctions include fines of 200 to 400 monthly calculated indexes or US$ 2980 and 5960, combined with suspension or closure of the public association. 

 Another draft law “On amendments to some legislative acts related to National Security Issues,” is to be considered by the Parliament. The core of the draft law aims at restricting freedom of expression. It extends a list of freedom of expression abuses set in the Constitution, entailing criminal and administrative responsibility. The list gives additional grounds to suspend or close media outlets. It also proposed to give prosecutors additional power to suspend the media outlet prior to the trial. The draft law sets administrative responsibility for taking part in unsanctioned demonstrations, marches, meetings and other public actions, for helping foreign citizens and stateless people nominate and vote for candidates, for carrying out missionary activities without license. The project triggered a negative response from local and international community.

Draft media law, developed by Sarsenbayev, former Information Ministry and co-chairman of Ak zhol party, that aimed to ensure freedom of expression, was dropped by the Ministry as soon as Sarsenbayev resigned. It was excluded from a list of draft laws, the Ministry planned to develop. Executive branch initiated a number of legal proceedings, including lawsuit filed by the National Security Committee against Soz newspaper, seeking 5 million tenge damages. The lawsuit filed by the Information Committee, resulted in closure of the company, owning Respublika.Delovoye Obozreniye and Respublika.Analiticheskiy Yezhenedelnik. The newspapers can be no longer published, as their registration had been cancelled. Popular political figure Nurkadilov is facing criminal charges under article 318 of the Criminal Code – “attack on honor and dignity of the President.” The General Procuracy has launched a massive audit into activities of international public organizations, including free expression organizations. All the above certainly had a negative impact on constitutional guarantees of freedom of expression and media outlets’ and journalists’ rights.

The monitoring has registered 282 direct and indirect violations of media outlets’ and journalists’ rights for the first quarter of 2005. Journalists were rudely prevented from carrying out their professional activities. In 108 cases, they were restricted or denied information of public interest, including information on some emergency situations dangerous to scores of people. In 7 instances, journalists’ creative process was interfered. The monitoring has also registered 3 journalists attacked and 4 journalists facing criminal defamation charges. A number of claims and lawsuits, based on protection of honor and dignity, against journalists reached 31. The amount sought in lawsuits exceeds 150 billion tenge.

KYRGYZSTAN

Following the need to transfer power in a peaceful way, the ruling elite had to use strict and unpopular measures against opposition, because of having no other opportunities in the wake of Parliamentary and Presidential elections. The monitoring has registered tensions that had intensified in the society. Relatives and friends of the President were formally announced elected as members of the Parliament. Opponents were kept away from the electoral fight. They rejected the formal election results and accused the authorities of monopolizing media outlets, disproportional use of ‘administrative resource,’ violating election law and discrediting opposition candidates. The monitoring reported son-in-law of the President Toigonbayev owned Kyrgyz-Info, Vecherniy Bishkek newspaper, KOORT TV Channel, LOVE Radio, Airek news agency. The only independent TV Channel Pyramida was bought by Aidar Akayev, President’s son, shortly before the elections.   

As a result, pro-presidential candidates began advertising themselves a long time before the prescribed date. The government bodies have started an auction to sell the radio frequencies, that belonged legally to certain radio companies and airtime. In this connection some TV and Radio Channels had to stop broadcasting. The only independent printing company was left without electricity, unable to print many independent news outlets. The authorities also used the method to create clones of the popular web editions, in order to post there materials compromising opposition leaders. 

The opposition publicly accused the authorities of holding a session behind closed door, tasked with developing ways and methods to discredit opposition candidates and prevent them from being elected to the Parliament. They allegedly proposed to use force if the opposition dares to stage any public display of discontent. In response, the authorities accused the opposition of libel and ‘destabilizing society’. The President Akayev announced his intentions to file defamation charges against MSN newspaper. Prime Minister Tanayev said he is considering a possibility of filing criminal and administrative charges against websites, that had published materials about the secret session. He insisted the session had never taken place. All the above factors had a huge negative impact on the general freedom of expression situation and media outlets’ and journalists’ rights. The monitoring has registered 144 direct and indirect violations for the first quarter of 2005, including violations of media outlets’ and journalists’ rights to freedom of expression, to receive and disseminate information. There were 5 instances registered for the period, where journalists and media outlets were attacked, and rudely prevented from carrying out professional activities. Five journalists were illegally detained. Six websites were blocked. In two cases, media outlets were prevented from distributing. The monitoring has also registered journalists who were interfered while carrying out their work, censored, denied or restricted access to information of public interest. It also registered 13 lawsuits for protection of honor and dignity and charges of violating personal non-property rights, filed by the Ministry of Internal Affairs, two ex-candidates for Parliament, one governor of the region, Kyrgyzgas, Kyrgyztelecom, and Electricheskiye stantsiji companies, demanding that MSN newspaper publish retraction of information that the paper allegedly belongs to Aidar Akayev. The tensions intensified after the elections.

The civil institutions, as NGOs, were the only source, calling on both, the opposition and pro-presidential forces to be correct and open. In January, NGOs initiated a Mass Media and Journalists Memorandum, covering the elections, that was to ensure transparent and correct coverage of the elections. At the time, Mambetaliyev, head of PA Journalists, stated he believes the information about the secret session is reliable and warned the community of ‘escalating’ media war. Internews-Kyrgyzstan and a number of other public organizations drew attention to these problems as well.

TAJIKISTAN

We had mentioned Tajikistan in earlier reports, as a country that went through the civil war, and now is facing less dramatic events than its neighbors. The parliamentary elections, that took place on 27 February, were relatively calm. There were several factors that definitely affected the process, including preparations by the government, NGOs and journalistic community.

In the beginning of January, the Presidential Apparatus, the Ministry of Culture together with public organizations held seminars for media workers. Seminar participants shared their opinions about the order for the elections and coverage of the elections. Later, Information Unit of the Presidential Apparatus, UN Bureau for Peace Building in Tajikistan, public organizations and journalists held a seminar “the Right of Citizens and Media Outlets to Access Official Information during the Elections.” Seminar participants have been discussing a wide range of issues during the 3 days’ seminar. Similar seminars took place in almost all regions of Tajikistan. The Central Election Commission held a few meetings with journalists and media outlets. The President of Tajikistan has issued an order, obliging heads of all government bodies to hold quarterly news conferences for journalists.

Unfortunately, the authorities here extensively used ‘administrative resource’ and freedom of expression restrictions. Thirty periodicals were reported at the Ebert Foundation conference to have been denied registration by the Ministry of Culture. Journalists said at the conference organized by the Presidential Apparatus that media outlets are facing increasing pressure from state bodies, including denials by the state-run printing offices to print independent news outlets. The Tax Inspectorate began auditing Kaikhon that had been printing independent newspapers for a long time. As a result the printing company’s office was sealed off, and copies of Nerui Sukhan newspaper were seized. Another printing company Djiyonhon, printing Ruzi Nav, Odamu Olam and Nadjot, was also closed. So these newspapers were not published as well. 

The US Embassy gave positive assessment of the events in the wake of the elections. It has also mentioned though the court fell short of certain international standards, such as ‘government attacks’ on media outlets for failing to follow formality.

The above had certainly affected daily life of journalists. The monitoring has registered 83 direct and indirect violations of media outlets’ and journalists’ rights. The monitoring registered 32 instances, where journalists were denied or restricted access to information of public interest. One journalist was reported attacked and another rudely prevented from carrying out his professional activities. The monitoring has registered 3 criminal actions brought and 3 lawsuits, based on protection of honor and dignity, filed against journalists and media workers. The plaintiffs were Interior Ministry’s State Traffic Inspectorate (GAI) and Judges Association in Tajikistan. In general freedom of expression situation in the country was not that dramatic as before.

UZBEKISTAN

NGOs observers and experts, diplomats, Uzbek and foreign journalists underline that the media outlets in the country are tightly controlled by the authorities. The authorities control freedom of expression sphere as well, they start with controlling editorial staff, their activities, and ending with Mahalley.

The authorities had to maneuver due to the reasons, like geographical location, that implies the country is located too close to Afghanistan, increasing criticism from international and local community. The President Karimov began speaking of importance of freedom of expression. On a number of occasions, he met with the press, and even forgot to say about the national enemies and journalists’ responsibility.    

At the first joint Parliament session after the elections, the President said: “The most important factor that would update democracy and enhance civil liberties is specific and gradual measures to develop democratic standards in mass media… People expect media outlets to convey not only objective and impartial information about the events happening in and outside the country, but also critical reports on activities of state bodies, open professional analysis of topical routine problems, that stop our country from developing and reforming.”

Since recently, low-rank officials tend to be more open as well. What was the response of the system to the President’s statements? Were there any real changes?

There are several examples. Central Election Commission’s press secretary of Karakalpakistan autonomy noted 10 journalists for state-run media outlets had been covering election process. Other journalists were prevented from covering the event. The government set the order for distributing frequencies and issuing broadcast licenses on competitive basis. Only companies, that make and broadcast TV programmes, prepared by the state bodies, or partially owned (50% or more) by the state, can have their licenses without competition.   

Fergana City Interior Department head, Ruzimatov, invited BBC correspondent Zamatova to talk. He threatened to isolate her, if she continues to write critical reports about mass actions. Fergana Prosecutor Akhmedov held a meeting with Ak-Aryk readers, demanding that they do not talk to any foreign journalists. Deputy hokim in Buvaidinsk district Tadjiyev held a meeting with district residents, demanding that they say if met with BBC reporter and informed about land tender. Later Utakambayeva, the source of the above information, was forced to tell she had lein.

Rustamov, deputy akim of Fergana region, advised deputy chairman of the regional TV and Radio Corporation to think over corporation staffer Rustamova, saying “she raised disturbance at the session, aimed at nominating a candidate to stand in the Parliamentary Elections. She probably needs to remind which organization she works for.” The chairman recommended the head of the Russian-language editorial board, Anna Tim, to stay away from BBC reporters, saying “making friendship with foreign journalists will lead to no good, we have a lot of problems.” Office of the Prosecutor General, as said by head of the PR Department, prohibited any of state officials, from speaking about serial murderer, who had committed a number of crimes, in order to avoid panic among people. Research Institute of Traumatology and Orthopedics denied journalists statistical data, particularly the number of people involved in traffic accidents and costs of medical assistance provided to them, saying the data contain internal secret information.

Hokims, deputy hokims, chairmen, heads, heads of press agencies deny and restrict access, prevent and threaten media outlets and journalists. The monitoring has registered 175 direct and indirect violations of journalists and media outlets’ rights that were guaranteed by the national legislation for the reporting period. Nine journalists were rudely prevented from carrying out their professional responsibilities, including those who tried to cover meetings by newly elected deputies. Six journalists creative process was interfered. Thirty journalists were denied or restricted access to information of public interest. In 6 instances, journalists were forced out, during open court proceedings. Five times the authorities stopped broadcasting for no clear reasons. In two cases access to websites was blocked. Journalists faced 2 criminal actions and 7 lawsuits based on protection of honor and dignity.

Human rights activists, NGOs officials and foreign journalists often say that freedom of expression situation in Uzbekistan had worsened. Uzbekistan was ranked 142th out of 167 countries by the Reporters without Borders. 

Head of Legal Service of

International Foundation for Protection of

Freedom of Speech “Adil Soz”

Illiodor Kalsin