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March 2004
II. violation of rights of journalists and mass media III. violations incriminated to mass media
In March 2004 Monitoring of the violation of the rights of journalists and Mass Media in Tajikistan had registered 31 messages. 16 of which determine the actual state of Mass Media in the light of socio-legal and political atmosphere of the month. 13 of them give information about direct violations of the rights of journalists and Mass Media, 2 - give information about violations incriminated to Mass Media.
I. PECULIARITIES OF POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY, DETERMINING THE ACTUAL SITUATION OF MASS MEDIA (up)
1. Public speeches, statements and reports of higher officials, defining the actual state of mass media
March 11
All mass media (Dushanbe City)
Tajik President, Emomali Rahmonov, addressing representatives of mass
media, congratulated them with Tajik Press Day and in particular noted:
“Having considered the significance and necessity of guaranteeing free
activity to press in order to strengthen social justice, the Government of
the Republic canceled all artificial limitations of the last decade”.
“Freedom of speech, guaranteed by the Constitution and by other
corresponding legal acts is inseparably connected with national and state
interests”- head of Tajik government said.
March 20
All mass media (Dushanbe City)
On 20 March, Tajik President, Emomali Rahmonov, during his meeting with
intelligentsia of the country, talked about actual problems of the society
and emphasized to the situation of mass media. He also noted that the
number of native and foreign mass media outlets increased in number for
the last decade. Defining the relationship of authorities and mass media,
he, in particular noted: “Adherence to principles of freedom of speech
became stable factor for the State policy. The role of publicity,
freethinking and critique are growing along with that. We support journalists who openly talk about social problems, the ways of their solution and strive for developing the level of people’s culture and education and widen their outlook. Relationships between government of the country and mass media will be more strengthened. In connection with this, government and President’s executive office are instructed to develop mechanisms of presenting necessary analytical materials, facts, commentaries and documents for mass media in order to achieve greater transparency of activities of ministries and departments”. March 20 All mass media (Dushanbe City) On 20 March, Tajik President, Emomali Rahmonov, during his meeting with intelligentsia of the country promised a State support for independent mass media. Tajik President also informed participants that in an effort of further development of mass media and supporting their independence, government of the RT was instructed to exempt newspapers, journals, publications of art, children, scientific and technical literatures from taxes.
2. Assessments of actual state of mass media and freedom of speech
March 14 Turko Dikaev (Kulob City) On 14 March, journalists of electronic and print mass media of Khatlon Region met with senior representatives of Regional Network of Open Society Institute (Soros Foundation). At the office of informational center of “Khatlon-Press” which was opened and functioning for the last two years, financially supported by Tajik branch of Open Society Institute, they held specific talks on problems of regional press, both independent and governmental mass media. Editor-in-Chief of governmental television “Khatlon”, Kholmurod Niezov told that limited technical recourses do not allow TV journalists to “describe a picture of the region to the population”; it is impossible to cover all problems of the region in one hour granted by channels of Tajik TV (TVT). Editor-in-chief of “Mavji Ozod” TV Hoji Nazriev noted that limited technical resources do not allow the only independent TV studio “Mavji Ozod” in Khatlon Region to broadcast its programs all over the region. Biljana Tatomir, deputy director of Network Media Program of OSI (Budapest), Marie Struthers, Program Manager, OSF (London) and Rukhshona Olimova, Coordinator of Media program of Tajik branch of Open Society Institute noted that the situation of press in Khatlon Region requires friendly interference of international organizations, including Soros Foundation. Khatlon journalists expressed gratitude to guests for the true evaluation of the situation and for eagerness to help in solution of the problem. March 25 All mass media, “Vecherny Dushanbe” weekly (Dushanbe Evening) On 22 January, Deputy Chairman of the USA in OSCE, Douglas Davidson, during his speech at the session of permanent council of OSCE in Vienna, noted that amendments, proposed to the legislation on mass media in Tajikistan “do establish practically State control over mass media and widen opportunity for abuse”. The matter concerned amendments, proposed in 2003, where the law on television and radio broadcasting was reviewed and a special control board, provided with privileges for many aspects of activities of electronic mass media was established. Also in December 2003 the Parliament of Tajikistan proposed additional amendments to the mentioned law and in particular established “technical standards” which would be too expensive for most of Tajik mass media. Moreover, from now all studios are liable to licensing in order to provide proper quality of publishing material, which gives government an opportunity to control contents of radio and TV programs. Douglas Davidson called Tajik government for cooperation with OSCE to make national legislation “on mass media” comply with international standards. March 25 Electronic mass media, “Vecherny Dushanbe” weekly Chairman of Tajik Association of Independent Electronic Mass Media (TAIEM), Muso Asoev in his interview to “Vecherny Dushanbe” weekly, told about the problems electronic mass media of RT currently face. Considering old equipments of the most studios, he noted that “several regions such as Rasht Valley and Badakhshoni Kuhi Region do not have their own independent electronic mass media…. Heads of regional and district Hukumats (Administrations) interfere in the activity of independent mass media and dictate, manipulate and create their rigorous criterion for journalists. Journalists still write in accordance with old methods looking back at local Hukumats”. At the same time, chairman of the TAIEM noted that the Association has already developed a program for training journalists and technical personnel.
3. Journalists Actions to protect their civil and political rights
March 17 Independent TV and Radio Company “Kurgan Tube” (ITRC “Kurgan Tube”), (Dushanbe City)On March 11 in the Day of Tajik Press, OSCE center in Dushanbe had distributed a message for press, where it says: “Considering problems emerged in course of fulfilling joint agreement on the project of establishing independent TV and Radio station, OSCE center announces the completion of current cooperation with Independent TV and Radio Company (ITRC) “Kurgan Tube”. OSCE Center does not intend to prolong agreement with ITRC “Kurgan Tube” by the end of the current one - on 11 April 2004. On March 17, responding to this message, National Association of Independent Mass Media in Tajikistan (NANSMIT) stated: “…NANSMIT apprehends the message of OSCE Center dated 11 March 2004 with puzzling regret. We do not argue about the problems emerged in the course of fulfilling joint agreements, but we note that relations are ruptured in the most unsuccessful and inappropriate time. There was electoral struggle of political parties in the country; parliamentarian elections and then Presidential elections are not far off. In this course, different electoral technologies are launched and in the upcoming situation, it is difficult for electoral districts to clear up “who is who”. Especially complicated situation aroused in Khatlon Region wherein two million people live and there is no independent mass media.“But, to our opinion, here is quite an appropriate question: “Is it the most logical step and is it an appropriate time to break up a project?” – NANSMIT noted in its statement. March 20 All mass media (Dushanbe City) On March 20, National Association of Independent Mass Media in Tajikistan (NANSMIT) made a statement, where it expressed a concern on State authorities representatives’ refusal to give journalists socially important information. “In spite of the positive moves toward cooperation between mass media and State authorities, the problem of access to information still remains important”–noted in the statement. “State officials occasionally refuse to give even the most insignificant information. the results of the monitoring of freedom of speech and violations of the rights of journalists and mass media of Tajikistan prove the abovementioned. Only for two and half months (January-March 2004), monitoring service of NANSMIT had stated more than 20 cases of refuse and limitations in giving journalists socially important information” –it was stated in that statement. According the Chairman of NANSMIT, Nuriddin Karshiboev, the last received messages show that even information about ecology and environment, especially information about radiation wastes “are kept in secret”. Although according to the Article 6 of the law of RT “On State secret”, information on situation of environment and health of population is not related to State secret. However, the access to this information is closed for journalists. Actions’ of the above-mentioned officials are not only the violation of the national legislation on access to information but also non-fulfillment of the requirements of international right. For example, Orkhusk Convention, recognized by Tajikistan proclaims that “people should be informed of participation procedures in the process of solution of a problem regarding environments and have free access to them and know how to use them…” In the statement, NANSMIT calls all State authorities to undeviatingly obey legal norms of journalists’ access to information and bar the cases of obstruction in their professional activity. March 31 All mass media (Khujand City) Participants of the roundtable on “Problems of Access to Information”, which was held on 31 March in Khujand, confirmed the importance of problems that became a “stumbling block for the access to information in this region”. In connection with that, seminar participants agreed in opinion that it became necessary to solve this problem at the State level. “In spite of the fact that the process of development of independent mass media is picking up a speed and at the same time the level of information knowledge of population is improving, it is to solve some problems connected with access to information. Such situation could cause a negative influence on the development of democratic processes in the country” –said Director of Khujand office of the Open Society Institute, Matluba Khojaeva. Information-educational Center of Open Society Institute in Khujand City organized this event. Representatives of governmental law enforcement structures were the participants of the roundtable. March-April (29 March – 2 April) All mass media (Almaata City) Central Asian Media Organizations had an opportunity to receive international support on protection of freedom of speech and press. International Freedom of Expression Exchange (IFEX, Toronto) initiated a four-day training in Almaty City on 29 March – 2 April. Main purpose of the training was to strengthen the positions of media organizations towards freedom of self-expression by means of demonstration and exchange of experiences between national and international organizations. “Organizations who work in the field of freedom of self-expression in Central Asia do not receive a worthy attention. Training includes lectures on investigation of cases, writing reports of security and protection. With the help of IFEX project, their knowledge, skills and information could be united and connected with a broad international community”, coordinator of the project Salla Kaihko said. Participants of this training were the representatives of Social Union “Journalists”, Internews-Uzbekistan”, Committee for Freedom of Speech and Self-Expression (Uzbekistan), National Association of Independent Mass Media in Tajikistan (NANSMIT) and International Foundation for Protection of Freedom of Speech (Kazakhstan). Trainers of IFEX, Committee for Protection of Journalists and Center for Journalism in Extreme Situations (Moscow) conducted this training.
II. VOILATIONS OF THE RIGHTS OF MASS MEDIA AND JOURNALISTS (up)
1. Threats towards journalists
March 10 “Ruzi Nav” weekly (New Day) (Dushanbe City) On March 5 an unknown person called to the editorial office of “Ruzi Nav” weekly and complained of a published article named “A bad theme” (dated 5.02.04.) authored by Khuriniso Alizoda. The unknown person requested editorial board of the weekly to publish a refutation, in case of non-compliance with the request, he would punish all “Ruzi Nav” editorial staff. In the article “A bad Theme” the author in particular wrote: “After publishing the material “Mama Roza” (Procurer) prepared based on facts, saying that almost all girls of Kulob District were involved in prostitution, representatives of this region came to my office and complained of the article”. March 25 Mavluda Sultonzoda (Dushanbe City) According to Mavluda Sultonzoda, correspondent of “Ruzi Nav” weekly, since 7 March different phone calls with threats started to bother her. According to the journalist, every day an unknown person calls and threatens to punish her soon because of her “sensational” materials. Mavluda Sultonzoda noted that phone calls with threats had started since last December.
COMMENTARY According to the Article 36 of the Law of the Republic of Tajikistan “On Press and other Mass Media”, constraining the journalist to spread or refuse to spread information, by the threats of violation, property destruction or damage, at the same time violating the rights of journalist by means of threat, constitutes corpus of a crime. Threatening to murder or heavily harm the health, if there is a reason to beware of commitment of the threat constitutes corpus of crime, provided in the article 120 of the Criminal Code of the Republic of Tajikistan. Unfortunately, cases of threats towards journalists are not decreasing in number and such violations drop out of sight of the law machinery. We strongly recommend journalists to appeal to the departments of Interior Affairs in every fact of threats against them or their relatives in order to make an inspection and institute proceedings in case of its validity.
2. Refusal to provide socially important information
March 08 Olga Tutubalina (Dushanbe City) In the beginning of March, Olga Tutubalina, correspondent of “Asia-Plus” appealed to Bakhtier Ishanov, the director of Planning Institute “Giprostroi” and Rahmatullo Saidov, the director of Scientific Research Institute for necessary information in order to write an article about possibility of house-building at the territory of Dushanbe. In particular, Olga Tutubalina asked to familiarize her with preliminary conclusion of house-building issue, which was prepared in accordance with inquiries of residents of the city. However, both directors did not answer precisely and advised correspondent to appeal to the State Committee for Construction and Architecture of the RT and the Capital Construction Department of the Hukumat of Dushanbe. They stated particular reason for the refusal: “We are not authorized to give such information until final decision is made”. March 12 Turko Dikaev (Kulob City) On 12 March Turko Dikaev, personal correspondent of independent information agency “Asia-Plus” in Khatlon Region could not receive information from Kulob City Court on the precise number of criminal cases, considered by Kulob City Court in 2003. The “Asia-Plus” correspondent wanted to familiarize with criminal cases instituted on facts of purchasing, keeping and transporting narcotics. There, he found out that such kind of statistics in the country is considered as classified as state secrets and thus could be reported to regional court and Council of Justice only. Moreover, such information is neither the subject to distribution through mass media, nor it is permitted even to be discussed by courts’ stuff (not only in Kulob City court but in all courts of the country). The maximum information to provide by Murodali Safarov, the Chairman of Kulob City Court, was two specific cases concerning narcotics. It should be noted that last year personal correspondent of “Asia Plus” had faced similar fact in Vose District when he was refused to get information on criminal cases connected with narcotics. The new administration of Council of Justice is continuing the tradition, laid by Mizrob Kabirov, former chief of the administration. March 12 Nasiba Yusupova (Dushanbe City) At the beginning of March, a deadline for the reply to the inquiry letter sent by “Vecherny Dushanbe” editorial office has expired. The inquiry letter was addressed to the Minister of Labor and Population Employment, M. Ilolov at the end of January 2004. Journalists were interested in final decision on Law of the RT “On living wage” initiated in 2001. Correspondent of “Vecherny Dushanbe” personally brought a questionnaire to the ministry, but editorial office did not receive a reply by the moment of preparing an article. March 15 Yelena Ahmedova (Dushanbe City) On 15 March correspondent of “Asia-Plus” weekly, Yelena Ahmedova visited the construction area of Aqua Park where she met Mr. Muhiddinov, the head of Capital Construction Department of the Hukumat of Dushanbe City. She asked Mr. Muhiddinov to familiarize her with the project of construction and answer some of her questions. Muhiddinov asked the journalist to come next day on 16 March at 9am. Having arrived the next day for an appointment, the correspondent of “Asia-Plus” was waiting for him about half an hour but when Muhiddinov appeared a little later, he did not wish to give an interview. According to Yelena Ahmedova, Muhiddinov was quite rude to her, he asked to turn off dictaphone and bring a prepared article for his permission. By ignoring questions, he noted that correspondent was disturbing him from work and promised to call to the editorial office on 18 March. However, he did not keep his promise. March 31 Madina Saifiddinova (Khujand City) On 31 March, three state departments of Sogd Region -Department for Emergency Situation and Civil Defense of Sogd Region, the Administrative and Legal Department of Sogd Regional Hukumat and the Committee for State Border Control of RT in Sogd Region had refused to give information to Madina Saifiddinova, the correspondent of informational analytical agency “Varorud”. The journalist particularly wanted to find out whether Tajik and Uzbek frontiers were strengthened in connection with the last terrorist attack in Tashkent?” Representatives of these institutions told that they were not authorized to give such information while the heads were absent. March 26 Tatyana Zvonnikova (Khujand City) On 25 March, one of the deputies of operative-military group of the Committee for State Border Control of RT in Sogd Region refused to confirm that on March 23 a group of military officers of airborne troops of Uzbek Defense Ministry landed on the territory of Zarkhog settlement of Isfara District, located near Zarkhog Border Unit. Editor of information-analytical agency “Varorud”, Tatyana Zvonikova called to the Committee for clarifying the information, but she was asked to appeal to the deputy, since commander was absent. Not mentioning first and last names of the deputy, they gave her a phone number. Journalist dialed a phone number and asked the deputy to introduce himself and confirm a location of Uzbek military officers on the territory of Sogd Region. The deputy answered that he was a military officer and he was not authorized to give such information. After that, he dropped the phone; further on, it was useless to keep trying to call him. March 19 Kholiki Sangin (Dushanbe City) On 16 March, Kholiki Sangin correspondent of Tajik service of the radio “Ozodi” (Freedom) appealed to Hikmat Muhabbatsho, a head of the Radioactive Security Agency of Academy of Sciences of the RT, in order to receive information on radiation security of the country and situation of deserted radiation wastes. However, Hikmatov refused to talk with him on this issue and said that the journalist could talk about this issue only with the President of Academy of Sciences, Ulmas Mairsaidov. March 19 Kholiki Sangin (Dushanbe City) On 17 March, Kholiki Sangin, correspondent of Tajik service of the radio “Ozodi” (Freedom) met with Suhrob Mehdi, representative of International Agency for Nuclear Energy Control. The correspondent wanted to find out the date Tajikistan entered IANEC. However, Suhrob Mehdi, representative of the Agency refused to speak on the issue with the journalist. Mr. Mehdi told that he could not give any kind of information without the permission of superior officers.
COMMENTARY Our monitoring frequently registers such violations committed by State organs of the country, whereas, freedom of speech, press and right to use mass media is guaranteed and protected by Article 30 of the Constitution of the RT, except for data connected with State secret. In addition to this, Article 31 of the Law “On Press and other Mass Media” and Article 28 “On Information” give journalist a right to find, receive and spread information in any legal way. Concealment of information on radiation security doesn’t occur for the first time, although according to the Law of RT “On state secret” it is not a state secret. We regretfully stress on the passiveness of journalists in standing for their rights through official appeals to courts.
3. Violation of rights in equal receipt of information
March 18 Kurbon Alamshoev (Badakhshoni Kuhi Autonomous Region) On 16 March, Kurbon Alamshoev, representative of “Pamir Mass Media Center” and correspondent of BBC radio in Badakhshoni Kuhi, during his interview on TV “Badakhshan” expressed his concern over a problem of journalists’ access to socially important information in the region. According to Kurbon Alamshoev, every day the rights of local journalists and especially foreign journalists, accredited in Tajikistan are violated. Usually they don’t have first hand information, but rather receive it in press-service of the Hukumat and other information agencies. Similar statement published in “Badakhshan” newspaper, was written by Buribek Buribekov, the member of Tajikistan Union of Journalists and called the problem of the access to information as “an obstacle in the development of mass media in Badakhshoni Kuhi”. March 19 Kholiki Sangin (Dushanbe City) On 15 March correspondent of Tajik service of the radio “Ozodi” (Freedom), Kholiki Sangin appealed to Abdusalom Juraev, head of Inspection for Wastes Control at the State Committee for Protection of Environment and Forestry of RT, to receive information on radiation wastes in Faizabad District. But head of this Inspection withheld comments and noted that Faizabad radiation wastes area had nothing to do with them and told journalist to search this information in some other places. However, according to Kholiki Sangin, the day before, Abdusalom Juraev presented this information to the correspondent of Uzbek service of “Ozodlik” radio with an assistance of a chairman of the committee.
COMMNETARY Article 36 of the Law of RT “On Information” guarantees all participants of informational relations equal rights and opportunities of an access to information and nobody can limit rights of an individual in choosing any form and source of information. Therefore, making priorities for separate mass media and journalists is groundless.
4. Violating legislation on citizens’ appeals
March 25 Mavluda Sultonzoda (Dushanbe City) According to Mavluda Sultonzoda, the correspondent of independent newspaper “Ruzi Nav”, on February 2004 she appealed to the Ministry of Defense of the RT to protect her against threats, caused to the journalist since December 2003. However, she still did not receive any reply from the ministry.
COMMENTARY According to the Article 12 of the Law of RT “On appeals of citizens”, all appeals of citizens shall be considered in a month period since an appeal had been submitted; in case no additional consideration is needed, the deadline shall not exceed 15 days. In cases, special examinations, demand for additional materials or other measures for resolution of an appeal is needed, the terms for consideration of and resolution on an appeal could be extended by a head or deputy head of corresponding organs. At the same time, the whole time period for consideration of an appeal should not exceed two months.
III. CONFLICTS. VIOLATIONS INCRIMINATED TO MASS MEDIA AND JOURNALISTS (up)
1. Accusations in partiality of publications
March 02 “Biznes i Politika” weekly (Business and Politics) (Dushanbe City) After publication of the article of Nargis Zakirova “New Administration. Old Problems” which told about the situation of affairs in Nurek Correctional Colony, the editorial office received a letter, where the head of Department of Correctional Affairs (DCA) of Ministry of Justice of RT A.F. Rahmonov asked “to take necessary measures towards individuals liable for the publication of the article”. The letter, published in the newspaper, consisted of accusations towards Nargis Zakirova of hiding information as if she incompetently used all information, received from the administration.
COMMENTARY Civil responsibility for distribution of inauthentic data comes upon the presence of several simultaneously following conditions. In particular if such inauthentic information dishonors an individual in the eyes of citizens and legal entities with relation to his observance of laws and moral principles of a society. But if the publication contains well-grounded criticism, regardless an opinion it would form, civil responsibility won’t come. The request of an official “to take necessary measures” towards journalist is illegal and it is an interference in the activity of mass media which is unfounded.
2. Kequests to protect honor, dignity and business reputation, following the facts of publications of curtain information
March 13 Tolibi Sangin (Dushanbe City) On 12 March journalist Tolibi Sangin appealed to the newspaper “Tojikiston” and the prosecutor’s office of Zhelezodorozhni District whereas it says that the newspaper mentioned above was refusing to publish his reply article, and prosecutor’s office was not taking any measures in reply to his complaints. Thus, according to Tolibi Sangin, the editorial office and prosecutor’s office were violating the law. The problem is that journalist protested against the doctor, M Rasuli who had criticized Bozor Sobir (a poet) and openly noted that the poet was mentally ill. Such critique was published in “Tojikiston” weekly, headlined as “Bozor sobir bemorii ruhi ast” (Bozor Sobir is mentally ill). On 4 December 2003 the journalist has written a reply article of the doctor Rasuli wherein he noted that Rasuli was humiliating the poet’s honor and dignity, accusing him of being mentally ill. Journalist, Tolibi Sangin appealed to “Tojikiston” weekly and claimed to raise dispute within legislation otherwise it would turn into personal offences; but his comments were not published. At the same time another reply of Rasulov was published in a next issue of the weekly where author had criticized journalist and Bozor Sobir again. Journalist appealed to the Zhelezodorozhni District Prosecutor’s Office (12 December 2003) but the prosecutor’s office did not respond.
COMMENTARY According to the Article 24 and 26 of the Law of the Republic of Tajikistan “On Press and other Mass Media”, the citizen or the organization has the right to request the editorial office of Mass Media to publish the refutation of the published information, which is untrue and hurting their honor and dignity. In case of the refusal in publication of the refutation, citizen or organization can appeal to court. According to the message mentioned above, mass media refusals to publish the reply article of the journalist and in this case it was necessary to appeal to a court with lawsuit but not to the prosecutor’s office.
Monitoring has been prepared based on reports of Mass Media and correspondents of Monitoring Network regarding the violations of the rights of Tajik Mass Media and journalists.
The Head of Monitoring Service Nargis Zokirova
The Head of juridical service, O. Azimov
Head of the project in Tajikistan N. Karshiboev |
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