 |
|
|---|---|
|
|
|
 |
|
|
|
|
|
October 2004
In October 2004 Monitoring of the violations of the rights of journalists and Mass Media in Tajikistan had stated 21 messages. Of which, 9 messages determine actual position of Mass Media in the light of socio-legal and political atmosphere of the month. Nine of them give information about direct violations of the rights of journalists and Mass Media, 3 cases give information about violations incriminated to Mass Media.
I. peculiarities of political, social, administrative and legal climate in the country, determining the actual state of mass media II. violation of rights of journalists and mass media III. 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
October 14 All mass media (Dushanbe City) On 14 October “Asia Plus” weekly, in its 41st issue had published an article “The Mayor requires order and publicity” wherein it tells about the last session in the Hukumat (administration) of Dushanbe City on 8 October. Having participated at the session, chairman of Majlisi Milli Majlisi Oli (upper chamber of parliament) and mayor of Dushanbe M. Ubadulloev noted that there were a lot of critical publications about the state of communal services of Dushanbe. He told that in the future all representatives of printing and electronic mass media must be invited to the sessions of the Hukumat.
2. Officials’ actions, determining actual position of mass media
October 07 Radio Badakhshan (Badakhshoni Kuhi Autonomous Region) During meeting with deputy chairman of Badakhshoni Kuhi Region, Fazilat Rustamova, the head of Badakhshoni Kuhi TV and Radio Department Narzullo Khairulloev told that in spite of reiterated appeals to authorities, residents of most districts still do not have an opportunity to listen to Radio Badakhshan – the only source of regional information. According to Khairulloev, the radio does not work in Darvaz, Vanj and Murghob Districts at all; in other districts it only works 50%. Representatives of the “TeleCom” Company of Badakhshoni Kuhi told that it requires lots of funds in order to reconstruct all lines.
3. Actions of journalists to protect their civil and professional rights
October 17 All mass media (Dushanbe City) A seminar on “Elections and their coverage in mass media” was held in Dushanbe for journalists of printed mass media. It was organized by “Internews-Network-Tajikistan” and local NGO “Khoma”. During four days journalists familiarized themselves with legal basis of elections coverage and on the basis of the experience of local and foreign mass media, they learned working methods during election campaigns. The head of “Internews-Network-Tajikistan” Masrur Abdulloev noted that the similar seminar for journalists would be conducted in the administrative center of Sughd Region, Khujand City. October 12 All mass media (Dushanbe City) A roundtable “Laws and mass media” was conducted in Dushanbe on 12 October with participation of the representatives of mass media and political parties of Tajikistan. It was organized by the republican association “Democracy” supported by association “Civilization”. Mass media expert, senior lecturer of Journalism Faculty of Tajik State National University Paivand Gulmurod, during his speech pointed at several reasons that have been hindering a number of independent weeklies of Tajikistan from publication: “First. Corruption groups do not want independent weeklies to be published because journalists could roughly criticize them. Second. On the eve of parliamentary elections, possibly, government does not need newspapers at all, which could publish article about Coalition of political parties. And third, possible tax violations, committed by independent newspapers”. A lawyer and chairman of Social Democratic Party of Tajikistan Rahmatullo Zoirov told that it was illegal when printing houses refused in publishing independent weeklies. “Nobody can hinder in the activity of mass media, but a court”,- said R. Zoirov. October 21 Najot weekly, (Dushanbe City) Tajik Islamic Renaissance Party (IRPT) solved the problem of publishing its party newspaper Najot. The publication of the newspaper was stopped because of the closure of private printing house “Jienkhon”. “The weekly will be printed in our own publishing house” – said the press secretary of IRPT Hikmatullo Safullozoda. “There will be published necessary amount of party literature. The circulation of “Najot” and periodicity will be as previous – up to 5 thousand copies a week. It’s possible that during election campaign the newspaper will be published three times a week”. October 18 Ruzi Nav weekly “Dushanbe City” On 18 October 2004 Persian service of BBC informed that in the future independent newspaper Ruzi Nav would be printed in Bishkek, Kyrgyzstan. In an interview of BBC radio editor-in-chief of Ruzi Nav Rajabi Mirzo told that he made an agreement with Foundation for protection of mass media and Transport Company of Bishkek. “We had to seek for other printing houses in abroad because independent newspapers confronted with difficulties and artificial obstacles in our republic”, - Rajabi Mirzo told. October 28 All mass media (Dushanbe City) On 25 October 2004 National Association of Independent Mass Media of Tajikistan (NANSMIT) made an official statement in connection with preparation of the Status on licensing in the field of TV and Radio of RT. The statement in particular noted that “according to the Article 12 of the Law of RT “On TV and Radio”, the procedure of issue, extension, abeyance and expiration of license is fixed by the government of RT”. However, “in connection with an adoption of the Law of RT “On licensing”, in the present time, government of RT discusses a new Status on licensing, including licensing in the field of TV and Radio. Besides, current Status on licensing in the field of TV and Radio, which was approved by the Committee for TV and Radio of RT (on 25.05.2001) had lost validity. In this case, licensing problem have not been solved for a few months yet, and interested TV and Radio organizations are in suspended situation now. That’s why NANSMIT urges government of RT to hasten the process of development and adoption of the new document, determining the executive organ and procedure of licensing in the field of TV and Radio.
4. Assessment of actual position of mass media and freedom of speech
October 14 All mass media (Dushanbe City) The director of “Internews-Network” in Tajikistan F. Vennberg in his interview to “Asia-Plus” weekly, published on 14 October 2004, told: “Unfortunately, a number of newspapers had serious problems with printing their newspapers. The other problem is financial instability of mass media, because of the absence of advertising market in RT, most of them depend on the grants of international organizations”. “We want government to establish such a tax legislation which could help mass media to work independently. It is very important for the government to support the development of mass media”, - noted F. Vennberg. October 27 “Asia Plus” (Dushanbe City) “Tajikistan occupies 95th place in the next rating of International Organization “Reporters without Borders” on index of press freedom, at the same time, rating highest among Central Asian countries”, informed Asia Plus Agency on 27 October. At the press release of the organization, it is said that the rating was created on the basis of polls among members of public organizations, journalists and experts in 167 countries. The rating reflects the level of freedom of journalists and news organizations and includes only events that took place during one year from the period of 1 September 2003 to 1 September 2004. Out of the former Soviet republics Latvia (10) and Estonia (11) rate highest. Moldova occupies the 78th position, Armenia 83rd, Georgia 94th, Tajikistan 95th, Kyrgyzstan 107th, Lazakhstan 131st, Azerbaijan 136th, Ukraine 138th, Uzbekistan 142nd, Belarus 144th and Turkmenistan 164th. Russia occupies the 140th position. The last positions are occupied by North Korea, Cuba and Myanmar. The first eight places concerning the level of freedom in the mass media take Denmark, Finland, Iceland, Ireland, the Netherlands, Norway, Slovakia and Switzerland. The USA occupies the 22nd position, Israel the 36th, Iran the 158th and China the 162nd. In total the situation of 167 states was viewed.
II. VIOLATIONS OF RIGHTS OF MASS MEDIA AND JOURNALISTS
1. Refusal in presenting social important information
October 25 TV Badakhshan (Badakhshoni Kuhi Autonomous Region) On 20 October 2004 a shooting team of TV Badakhshan headed by correspondent Davlat Imombekov went to Hydro Power Station Pamir-1 to shoot a film about the process of reconstruction of the Station. Journalists did not find the head of the Station in place and appealed to a few engineers. To his surprise, none of them wanted to give necessary information. “They even tried not to be shot on camera”, - said Imombekov. Correspondents could not find out the reason of their behavior and the film was not prepared”. October 29 Victoria Tyan (Khujand City) The correspondent of information analytical agency “Varorud” Victoria Tyan was interested to receive information about the contribution of Korean people in the development of Sughd Region agriculture. When she appealed to one of the officers of agriculture department, Vohid Ermatov, he refused to give information, referring to an absence of the head of the department. Victoria Tyan came by the next day, hoping to find their chief, but unfortunately he was not at office. She appealed to many specialists, but everyone was saying that a competent person who could answer to these questions is not in place. And nobody could tell who that “competent” person is. October 22 Mohliko Sharipova, TV “Internews Network” (Kulob City) On 22 October 2004 deputy chairman of Kulob City Sharofat Sangova refused to give information to the youth TV studio “Internews-Network”. A journalist, Mohliko Sharipova was preparing a film about the problems of the spare time of youth and teenagers of the city. At first, Sangova interpreted her film as an advertisement of the Department for Youth Affairs of the Hukumat and then noted that the department was not worth it. And when she found out what the film would be about, she noted that “she has too many problems to give interview to a journalist”. Sharofat Sangova also heads the department for youth affairs. October 22 Salomat Kurbonova (Khujand City) On 19 October 2004 correspondent of information-analytical agency “Varorud” Salomat Kurbonova made a telephone call to the joint-stock company “SughdGaz”. The correspondent was particularly interested to receive information about possible price advance on fuel during winter period. However, the person who picked up a phone roughly refused in presenting information and told that it was not worth to spread panic among people. October 15 Davlatali Shamsov, TV “Kulob” (Kulob City) On 15 October 2004 military prosecutor of Kulob military garrison, colonel Nabotov refused to give information to the news program “Ahbor” (News) of Kulob TV studio. According to the journalist, Davlatali Shamsov, they wanted to receive information about uncivilized relations in military units of garrison, incompetent orders of commanders and the heads of military units. Military prosecutor had refused to give the names of guilty people, noting that “it was necessary to consult in order to criticize”. “Formerly, -noted journalist, -under colonel Ubaidulloev, nothing was kept secret for local TV studio, they did not consult with anyone, just talked openly about all crimes committed by military officers”.
COMMENTARY Freedom of Speech, Press and right to use mass media are guaranteed and protected by the Constitution of the Republic of Tajikistan, Article 30, except for the data connected with State secret. Journalists were interested in legal aspects, which were not related to the state and secured secret. In the third example, prosecutor of the district could give short description of an incident, not even mentioning the names and surnames of teenagers. In addition to this, Article 31 of the Law “On Press and other Mass Media” gives a journalist a right to find, receive and spread information in any legal way. At the same time, Article 5 of the Law obliges governmental, political and social organizations, movements and officials to give necessary information to Mass Media. According to the Article 27 of the Law of the Republic of Tajikistan, refusal in giving the asked information may be complained of by the representative of Mass Media to the superior body or official and then to the court. Journalists had to persistently use their legal mechanism of access to information.
2. Groundless limitation in presenting social important information
October 25 Davlatali Shamsov, TV “Kulob” (Kulob City) On 25 October 2004 the head of Kulob City enterprise on energy supply Jumakhon Sharipov refused to give information to “Ahbor” (News) program. The journalists tryed find out about residents who illegally connect to power lines, use them without power meters and refuse to pay for power supply. According to the journalist, Davlatali Shamsov, the head of the enterprise told that “you will show the interview and people on TV, and I will be guilty”. The official asked journalist to appeal to the Regional enterprise with such questions. At the regional enterprise, the head, Khoknazar Khojaev answered to all questions, including Kulob City and the film was broadcasted on TV “Kulob”. October 27 Bahodur Kosimov (Dushanbe City) On 26 October 2004 correspondent of information agency “Inter-press-service” Bahodur Kosimov addressed himself to the court of Ismoili Somoni of Dushanbe City. Judge, Faizmahmad Yorov requested journalist to bring inquiry from his office. Yorov told that he needed inquiry for a report before authorities.
COMMENTARY Freedom of Speech, Press and right to use mass media are guaranteed and protected by the Constitution of the Republic of Tajikistan, Article 30, except for the data connected with State secret. Moreover, according to Article 25 of the Law of RT “On information” limiting the right to receive open information is forbidden. Therefore, such artificial limitations in receipt of information are illegal.
3. The refuse of officials to receive journalist
October 22 Madina Saifiddinova (Khujand City) On 21 October 2004 deputy chairman of joint-stock company “SughdGaz” Jalil Abdujabborov refused to meet with correspondent of information analytical agency Varorud Madina Saifiddinova. The correspondent wanted to receive information about whether gas supply would be limited during the days of holy Ramadan and whether it is foreseen to raise the price of gas during winter period. All negotiations were made through his secretary who informed that her boss had already given necessary information to the State newspaper Hakikati Leninobod, and he did not always have time to talk to the representatives of mass media. Then, M. Saifiddinova asked the secretary to send her to a competent specialist who could answer to questions interesting for her. The secretary told that only D. Abdujabborov is authorized to present information, and nobody could answer her questions without his permission.
COMMENTARY According to the Article 31 of the Law of RT “On press and other mass media” an official is responsible to admit a journalist. As mentioned above, the questions that journalist wanted to get answered was under official’s jurisdiction and he was obliged to admit the journalist.
4. Violation of labor rights of journalists
October 08 Farrukh Ahrorov (Khujand City) On 4 October 2004 correspondent of Leninabadskaya Pravda Farrukh Ahrorov was dismissed from office because he refused to gather cotton. The fact is that that under initiatives of local authorities, every Saturday local journalists take part in cotton harvesting. According to F. Ahrorov, when he refused to take part in cotton harvesting, Editor-in-chief Hofiz Safulloev asked him to voluntarily leave the service and write a statement of dismissal. In his statement, journalist in particular wrote: “I wish to be dismissed from office, since I am not able work in the sphere of agriculture”. Although, representatives of Sughd Regional Hukumat told information analytical center that cotton harvesting is organized in voluntary basis.
COMMENTARY According to the Article 46 of the Labor code of the RT, rescinding a labor agreement (contract), initiated by an employer must be grounded. But participation in cotton harvesting is voluntary case and it is forbidden to compel a person to work by Article 8 of Labor code of RT. Article 46 also describes the reasons of rescinding a labor contract by an employer wherein the refusal of participation in forced labor is not indicated. Thus, the actions of the employer should be considered as illegal, and we recommend journalist to appeal to court.
III. CONFLICTS. VIOLATIONS INCRIMINATED TO MASS MEDIA AND JOURNALISTS
1. Demands of protection of honor and dignity, following from facts of publication of curtain information
October 15 Vecherny Dushanbe weekly (Dushanbe City) On 15 October 2004 Editor-in-Chief of Vecherny Dushanbe weekly Saidali Siddikov appealed to the Supreme Court of Tajikistan on the decision of Khatlon Regional Court. S. Siddikov noted co-defendant of Vecherny Dushanbe, author of the article and lawyer S. Juraev completely confuted the claims, brought by a plaintiff, and proved that the article was quite authentic. However, in spite of this, Judge, A. Kosimov took decision, that infringes the interests of editorial board. It should be reminded that the argument on protecting honor, dignity and business reputation has occurred because of the article of S. Juraev “There is justice over judges” (¹10, from 5.03-2004). The matter concerned numerous violations of criminal and procedural code and falsification of materials of Ashurov’s case, convicted to 15 years imprisonment for robbery.
COMMENTARY According to the Article 303 of civil-procedural code of RT, the sides have a right to appeal to court’s decision within ten days from the day of a decision. Supreme Court of RT must consider the received appeal within one month. Arguments on protection of honor and dignity are considered by court according to Article 172, 174 of the Civil Code of RT. Mass Media is burdened to prove that published data is true. On the other hand, plaintiff is to prove the fact that his non-property rights were damaged. Mass media is blamed only if publication consists facts and information, but not opinion and belief, for which functioning legislation does not establish responsibility. Besides, publications should be unauthentic and damaging honor, dignity and business reputation of plaintiff.
2. Demands on protection of honor and dignity, predicated by incompetent plaintiff
October 07 Tojikiston weekly (Dushanbe City) On 7 October 2004 Dushanbe economic court started a court session on the lawsuit of the head of State unitary enterprise “Tajikistan Railways” (TR), A. Hukumov against editorial board of Tojikiston weekly. At the court A. Hukumov requested to pay 10 thousand somoni (about $3300) for moral damage. The reason of lawsuit became the article “Monsters- monopolists are eating up people”, published on 25 December 2003 in Tojikiston newspaper. Article’s authors, teachers of the State Commercial University of RT, M. Ashurov and B. Isomatov, having analyzed their own observations, wrote that companies-monopolists, including “TR” company, have forced up prices and tariffs up to 75-300% for the last three years. After publishing the article, editorial board received letter from the head of TR, A Hukumov wherein he refuted the information, and published his letter in the newspaper. But after eight months, in august 2004, Tajik Railways brought lawsuit to the economic court. Editorial board did not agree with accusations and sent a counter-claim on the groundlessness of lawsuit because according to the lawyer of the newspaper I. Inoyatov , organization does not have honor and dignity, and that’s why it cannot bring lawsuit on compensating for moral damage.
COMMENTARY According to the Article 174 of the Civil Code of RT, citizen has a right to appeal to court regarding refutation of information, humiliating his honor, dignity and business reputation. The conditions of the appearance of civil responsibility are: 1. Availability of information; 2. If these data are inauthentic; 3. If they humiliate honor, dignity and business reputation of a plaintiff. Mass media and author are obliged to prove the authenticity of published information and a plaintiff has to prove the fact of the violation of their personal non-property rights. Just their personal non-property rights but not the rights of organization, company or people. The plenum of the Supreme court of Tajikistan, in its resolution (4 June 1992 #8) on “Practicing legislation on protection of honor and dignity of citizens and organizations” states that detractive information are those which humiliate honor and dignity of a citizen or organization employee in the public (for example, committing dishonest action, unworthy behavior in labor collective, in family; information which discredits industrial and economic activity, reputation etc.). If information represents facts, like pointing out the defects at work, behavior in public places and collective, then the request to refute information is not well-grounded”. The article does not contain information about any person’s behavior or statement, it only tells about price and tariff advance on railway tickets.
3. Accusation of unlicensed activity
October 20 Narodnaya Gazeta (Dushanbe City) On 20 October Narodnaya Gazeta had published the article of the head of Culture Department of Tajik President’s Office A. Abdumanonov. In his article, A. Abdumanonov replied to an open letter of the International NGO “Internews-Network”, earlier published in Nerui Sukhan weekly. The dispute is continuing for five months and concerns accusations of violating civil code of RT and law of RT “On TV and Radio”, brought by International NGO “Internews-Network”. According to A. Abdumanonov, during six years, International NGO “Internews-Network” was producing and distributing their TV programs “Open Asia” and “The pulse of Life” among non-governmental TV organizations without a license on TV production. In his part, lawyer of “Internews-Network” F. Junaidov stated that the request on licensing has emerged just recently, nowadays the Status on issuing license is not composed and accordingly it is not yet approved by the government of RT. In his article, A. Abdumanonov also pointed at other violations of legislation, committed by “Internews Network”. Especially he wrote about illegal discharge of an employee who was reinstated to his job by court again.
COMMENTARY The accusations of the head of Culture Department of Tajik President’s office are not based on law. International NGO “Internews-Network” is not a TV company. And it cannot be considered as a TV company, since it does not possess an appropriate equipment and property. “Internews-Network” establishes creative product in the form of TV program which are all authorized. One does not have to get special permission in order to produce such creative works, otherwise such permissions would requested from each TV and Radio author. Internews-Network sells or gives its product on contractual basis to TV or Radio companies. And these TV and Radio companies, have all necessary permissions for broadcasting.
|
|
