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August 2005
International Journalists’ Training CentreTashkent
Monitoring of violations of freedom of speech in Uzbekistan, August 2005
The monitoring service registered 26 reports in August; four of them show the actual state of mass media in the light of socio-legal and political climate during the month, 21 report- direct on violations of mass media’ and journalists’ rights and 1 reports on conflicts and accusations against mass media and journalists.
1. SPECIAL FEATURES OF POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL ENVIRONMENT IN THE COUNTRY DETERMINING THE REAL STATE OF MASS MEDIA
1. Public appearances, statements and speeches made by top-ranking officials
August 2 Islam Karimov President Islam Karimov of Uzbekistan has issued a decree on the abolishment of the death sentence as of January 2008. Necessary changes and amendments are supposed to be made to the country’s legislation during the time before the document comes into force and an explanatory work on the need to abolish the death penalty carried out in the country, also through the mass media.
2. Changes and schemes of changes in legislation in force
August 5 The Legislative Chamber of Oliy Majlis (Supreme Assembly, parliament) The Legislative Chamber has adopted in its third reading a draft law “On copyright and co-operative rights” submitted by the republican Cabinet of Ministers. In spring, this year, Uzbekistan joined the Bern Convention “On protection of literary works and pieces of art”. This made it necessary to prepare a new wording of the law. One of the new ideas of the law is that in the nearest future the so-called organizations with collective leadership will monitor and administer the authors’ rights in Uzbekistan. Such organizations will supposedly be set up and paid by authors themselves depending on the amount of their rewards.
3. Officials’ actions determining the actual state of mass media
August 15Islom Bobojonov, Governor of Khorezm Region With assistance of the region’s governor, Islom Bobojonov, an own correspondent of Pravda Vostoka newspaper, Yusup Ibragimov, has received a computer. The regional administration found sponsors to fund purchasing the equipment. “It is a great help to me, - Yusup Ibragimov said. – Now I have no difficulty in sending my reports to the editorial board.” Over the last half a year the author of many pressing reports, Yusup Ibragimov, has repeatedly come into conflict with regional administration members. He thinks that governor Islom Bobojonov’s goodwill gesture is a sign of Pravda Vostoka’s growing prestige in Khorezm.
August 25 Karakalpak TV (town of Nukus) Karakalpak TV staff received a special instruction from Tashkent that 70 per cent of the TV workers be dismissed in the coming days. To that day about 250 people were working for the TV Company. “We learned about the coming staff dismissed in July, although we do not yet know who of us is going to lose our jobs,” a TV worker told a monitor. The situation results from the shortage of the budgetary means.
II. VIOLATION OF RIGHTS OF MASS MEDIA AND JOURNALISTS
1. Violation of constitutional guarantees of freedom of creation
August 29 The “Reporter” Journalists’ Club (town of Bukhara) A ‘Deutsche Welle’ reporter in Bukhara Region, Obid Shabanov, has been summoned to the local board of justice to talk about the work of the “Reporter” journalists’ club. Shabanov heads that club which is a non-state non-commercial organization (NNO). The Justice Board chief, Khojimurod Isoqov, gave him an ultimatum to cut down the club activities as soon as possible. Many NNOs in Uzbekistan have received similar proposals. The founder of a popular non-commercial organization “Women’s resource centre”, Marfua Tokhtakhojayeva, told the ‘Deutsche Welle’ correspondent that about 200 out of 5,000 organizations have already been disbanded. Their members appealed for voluntary liquidation. The NNOs closed in such a way are offered to reregister as commercial organizations.
COMMENT In this case the actions of the board of justice are not based on the law. Under Article 52 of the Constitution of the Republic of Uzbekistan, interference of the state bodies and officials in the activities of public organizations, as well as interference of public organizations in the activities of state bodies and officials is inadmissible. Also, under Article 62 of the Uzbek Constitution, public organizations shall be disbanded or their activities banned or limited only by a court decision.
2. Ungrounded operation and search activities
August 7 Gulasal Kamolova, Radio Liberty (town of Bukhara) On 7 August a correspondent of Radio Liberty Uzbek service, Gulasal Kamolova, was going to Tashkent on official duties by train. A few minutes before the departure three men in mufti entered the carriage, they did not introduce themselves or explained their actions, but asked the reporter to show her railway ticket, passport and ID. They tried to make the journalist leave the train together with them. By that time the train was already moving therefore the three men lead the woman to the conductor’s compartment to ask where and why she was going. Gulasal Kamolova was let off after long questioning. But in 10 minutes she was called again and asked the same questions. They put down her passport data and said they would contact her. After that the men left the train at Kyziltepa station of Navoi Region.
August 19 Mustahkam Tangiyorova, BBC reporter (city of Samarkand) BBC reporter Mustahkam Tangiyorova was persecuted on 19 August. From a Nexia car two men filmed her entering the school number 48 of Samarkand district. The journalist visited the school to congratulate her friend on the appointment as the school director. “When we were sitting in her office school teachers came in to say that a man was filming at the entrance. Together with the teachers and the director we ran to the school gates and saw a man with a camera in a car. The car drove away as we moved towards it, “ Mustahkam Tangiyorova said.
COMMENT According to the Constitution of Uzbekistan, any law-enforcement activity, including operation and search activities, are carried out only to protect citizens against infringement upon their lives and health, rights, freedoms and legitimate interests, as well as property and security of society and the state and intelligence and subversive activities of foreign special services. Since there were no such activities in the above, the gathering of information about the journalist was illegal. Not to the least extent this is connected with the lack of laws on police and on operations and search activities in Uzbekistan.
3. Ungrounded ban on the transmission of TV channels
August 18Regional communications service (town of Navoi) The Navoi mining and metallurgical corporation has sponsored the transmission of three Russian TV channels. Now such entertainment channels as Russian Illusion and Still are being shown instead of the First Channel and NTV programmes. According to the TV workers, the regional communications service has banned the transmission of the Russian First Channel and NTV programmes.
COMMENT The incident above violates the norms of Article 29 of the Uzbek Constitution concerning the citizens’ right to freely receive information. Everyone has the right to seek, receive and circulate any information except for that directed against the existing system and other limitations stipulated by the law. Article 4 of the Law On Principles and Guarantees of Freedom of Information of the Republic of Uzbekistan also contains a similar provision banning censorship.
4. Baseless refusal to give socially important information
August 3 Pardaqul Toraqulov, independent journalist (Samarkand) On 3 August the acting chairman of the Samarkand city civil court, Furqat Usmonov, refused to give information to independent journalist Pardaqul Toraqulov. The journalist was preparing a report for www.tribune-uz Internet-site and wanted to know how many suits of the Samarkand city gas department instituted against natural gas users were considered. The official demanded that a written permission from the Samarkand regional civil court be presented and said: “On this matter you should address the Samarkand city gas department”.
August 3 Pardaqul Toraqulov, independent journalist (Samarkand) On 3 August the head of the Samarkand city gas department, Musurmon Jalmatov, refused to give journalist Pardaqul Toraqulov information about the number of claims that the Samarkand city gas department submitted to courts against natural gas consumers. Another gas department worker who was nearby at that moment and refused to give his name, insulted the journalist and turned him out of the building.
August 4 Mustahkam Tangiyorova, BBC correspondent (Samarkand) On 4 August relatives of farmer Ashurbek who committed a suicide have refused to give BBC reporter in Samarkand Region Mustahkam Tangiyorova any information about the circumstances of the incident referring to the ban imposed by the chairman of the regional branch of the Human Rights Committee of Uzbekistan, Shavkat Abdullayev. They put it as follows: “Human rights advocate Shavkat Abdullayev came and said that we will all settle ourselves, he told us not to speak much about the incident and to avoid interviews with journalists, especially those from foreign media.” Ashurbek was 41 and lived in the village of Churash of Payariq District of Samarkand Region.
August 5 Ravshan Ne’matov, Nodira Samandarova, Regional TV (town of Navoi) A regional TV editor, Nodira Samandarova and cameraman Ravshan Ne’matov, have appealed to the regional Navoi Avtoyol roads construction enterprise for information about reconstruction of a local road. The acting director of the enterprise, Tolqin Zayniddinov, refused to give them any information and by telephone asked his colleague Tokhtagul Rahmonova not to be disturbed.
August 10 Independent journalist Ibrohim Boriyev (city of Tashkent) Independent journalist Ibrohim Boriyev has appealed to the foreign labour migration agency for the explanation of the procedure of concluding contracts between foreign employers and citizens of Uzbekistan going abroad to work. Boriyev wanted to know about the mechanism of concluding contracts, the cases when a man is denied the right to work abroad, how many citizens of Uzbekistan were currently working outside the republic and in what countries. The journalist was told at the agency that such information could be received only with a permission of the Labour and Social Security Minister. All attempts to get such permission failed.
August 13 Journalist Abduvohid Julmatov, cameraman Isfandiyor Eshonqulov, Djizzak city TV (town of Djizzak) The passenger fixed route #1 was tendered at the Djizzak city government on 13 August. Journalist Abduvohid Julmatov and cameraman Isfandiyor Eshonqulov from the Djizzak city private TV went to the town hall to make a report. But the journalists could not get in because they were told that mayor Hakimjon Inomjonov did not allow the press to attend. The city TV members think that the bid results were predetermined and therefore its organizers did not want to attract any attention to them.
August 17 Sergei Naumov, independent journalist (town of Urgench) A leading specialist of the Khorezm Regional Board of Justice, Erkin Otayev, has refused to give independent journalist Sergei Naumov any information about the inspection of work of non-state and non-commercial organizations [NNO] initiated in the region. To explain the refusal he said that the inspection group has not yet completed their work. The director of the Al-Khorazmi-Vamberi NNO, Bahodir Hasanov, commented on the inspection as follows: “The inspection has started unexpectedly and is of selective nature. There is yet nothing to indicate to its repressive nature.” The regional NNO movement leader believes that on the threshold of Independence Day the Regional Board of Justice simply does not want any press report able to evoke public response to appear.
August 23 Erkin Karakalpakstan, Vesti Karakalpakstana and Karakalpakstan jaslary (town of Nukus) Journalists from the state newspapers Erkin Karakalpakstan, Vesti Karakalpakstana and Karakalpakstan jaslary have appealed to the Karakalpak Ministry of Agriculture and Water Economy for some information about the current cotton-picking campaign and about the general state of affairs in the republic’s agriculture. Specialists at the ministry refused to give them any information saying that a higher leadership has recommended them to contact with the press as less as possible, because, as they put it, “it goes too far when reporting about agriculture.”
August 31 Gulasal Kamolova, Radio Liberty (town of Bukhara) A Radio Liberty correspondent, Gulasal Kamolova, has appealed to the Bukhara branch of the Communications and Information Agency for information to prepare a report about the need for all Internet-cafes to re-register as private firms and renew their licences to render Internet-services. The agency leader, Abdujabbor Otamurodov, refused to give any information and said: “Radio Liberty reporters give incorrect information therefore I will not give them any information.”
COMMENT Article 29 of the Constitution of the Republic of Uzbekistan guarantees any citizen the right to seek, receive and circulate any information of interest to him. Under Article 8 of the Law On Principles and Guarantees of Freedom of Information of the Republic of Uzbekistan the state protects everyone’s right to seek, receive, investigate, circulate, use and keep information. It is inadmissible to limit the right to information depending on one’s sex, race, nationality, language, religion, social origin, conviction, individual or social status. State government and administrative bodies, citizens’ self-government bodies, public associations and other non-state non-commercial organizations and their officials must in a way established by legislation provide every citizen with an opportunity to get acquainted with information concerning his rights, freedoms and legitimate interests, create available information resources and broadly inform the users about the rights, freedoms and obligations of citizens, their security and other issues of public interest. Otherwise Article 43 of the Code on Administrative Responsibility of the Republic of Uzbekistan comes into effect stipulating that a penalty of one to three minimal wages is imposed on officials. For this journalist must appeal to the court. They can also refer to Article 4 of the Uzbek Law On Appealing to the Court Against Actions and Decision Violating the Citizens’ Rights and Freedoms.
5.Breach of the principle of openness of the legal process
August 15 BBC reporter Mustahkam Tangiyorova and judge of the Toyloq criminal court Olim Khalilov (city of Samarkand) Judge Olim Khalilov of the Toyloq criminal court turned BBC reporter Mustahkam Tangiyorova out of the court-room despite a preliminary accord. Financial machinations of the heads of the Samarkand Regional and Toyloq District branches of the state commercial bank “Khalq banki” and also 11 company leaders who, according to investigations, formed a criminal gang, were under consideration. The journalist had a preliminary telephone agreement with judge Olim Khalilov on her attending the trial on 15 August.
COMMENT Article 10 of the Civil Code of the Republic of Uzbekistan has ensured openness of legal processes at all courts except for the cases when it is not in the interests of protecting state or commercial secrets. Closed legal process is also allowed through a motivated court decision aimed at preventing the disclosure of facts about the private life of those involved, as well as keeping secret adoption or correspondence. This means that any citizen has the right to attend and make notes at all open trials. Under Article 9 of the Uzbek Law On the Mass Media, “an editorial board member has the right …to use audio and video appliances in gathering facts and testimony”. Article 5 of the Uzbek Law On the Protection of Journalists’ Professional Activity ensures that “when carrying out their professional activity journalists have the right to…gather, analyze and circulate information; appeal for information to state bodies, citizens’ self-government bodies, public associations, enterprises, institutions and organizations; get an access to documents, materials and information with the exception of those containing state secrets or any other secrets protected by the law; in the order established make recordings, also using the necessary technical means; attend open trials…”. Closed hearings are held with all legal procedures preserved. The court decision is made public in all cases.
6. Limiting access to web-sites
August 20 Internet sites (town of Navoi) Such Internet news sites as: www.uznews.net, www.tribune-uz.info, www.fergana.ru are not available. Recently services of all Internet providers operating in the region have worsened.
August 24 Internet-publication www.fergana.ru A meeting on 24 August of the jury and the organizing committee of a national Internet-festival “Uzbekistan-2005” decided to drop out the www.fergana.ru site from the festival contest. A letter from the organizing committee says “Internet users in Uzbekistan, as well as the jury members cannot visit that Internet site”.
August 27 Internet providers (town of Urgench) All leading Internet providers in Khorezm Region such as UzPAK, Intal, POL, have been blocking the sites carrying critical materials. Many sites are included in the black-list. According to journalists having access to Internet, www.centrasia.ru and www.iwpr.net are often available although they do not always carry articles about the developments in Uzbekistan. Therefore proxy-servers which can break through are often used. In the regional capital Urgench Internet users interested in politics actively exchange proxy-server addresses. At the same time Turkmen opposition sites can be easily opened. A member of an Internet-café in Urgench said that “the system of blocking is inefficient and simply useless”. He told a monitor that users are usually indifferent to “orange” subjects. Young people prefer communicating and listening to music. Recently there has been a growing interest in the www.fergana.ru site because it was dropped out from the Internet-festival. This incident served as an unexpected advertisement for the Fergana.ru news agency.
COMMENT Under Article 22 of the Law On Telecommunications of the Republic of Uzbekistan operators and providers are obliged to: - carry out activities in the sphere of telecommunications in accordance with the provisions of their licence and the rules set; - ensure high quality of the services in accordance with the established standards, norms and rules; - keep secret telephone conversations, telegraph and other information sent by telecommunications network; - provide users with timely detailed information about the terms and procedure of rendering services, including the change of tariff on telecommunication services; - pay damages in accordance with the legislation of the Republic of Uzbekistan for non-performance or improper performance of contracts on rendering telecommunication services or the failure to render or rendering low-quality services.
7. Breach of journalists’ right of labour
August 4 Amu tongi newspaper (town of Nukus) The newspaper workers are still facing difficulties in getting their salaries and royalties. To the beginning of August the newspaper accounts department had three-month arrears of wages that it explained by the lack of money on the editorial board account. Amu Tongi is a state publication coming out in Uzbek three times a month. “Delay in payment of wages will continue till late September, a journalist working for the paper said. Such situation occurs annually. Yet there is no question of a staff reduction or sending out the staff members on leave without pay.”
August 4 Dildora Khudoynazarova, independent journalist (town of Navoi) A second-category invalid, journalist Dildora Khudoynazarova was denied employment at Kyzilkum TV, although they needed journalists. Dildora Khudoynazarova was sent by a labour exchange.
August 1 Ghulom Eshqobilov, Kyzilkum TV (town of Navoi) The Navoi Regional government which is one of the founders of the non-state independent ‘Kyzilkum TV, is demanding that the TV Director, Ghulom Eshqobilov, leave the work at his own request. Deputy governors Ulughbek Sattorov and Salohiddin Samadov have held a meeting with the TV staff to say that Director Ghulom Eshqobilov was dismissed from his job for financial mismanagement and appointed an acting director. Ghulom Eshqobilov says his dismissal was in breach of the labour legislation. He believes that the real reason for his dismissal was ‘Kyzilkum’ TV’s cooperation with foreign organizations and mass media. Eshqobilov intends to complain to relevant bodies about the breach of his rights.
COMMENT In the first case above under Articles 154 and 161 of the Uzbek Labour Code, employer irrespective of his/her own financial state is obliged to pay a worker the money he earned promptly within the date fixed in a collective agreement or any other local act in accordance with the established terms of payment. The dates of payment cannot be less than once every half-a-month. The employer’s responsibility for a delay of payment through his fault can be stipulated by a collective agreement. In the second case under Article 220 of the Uzbek Labour Code, employer is obliged to employ a disabled person sent by a local labour exchange, as an employment in accordance with a quota set. Employer is obliged to fulfill recommendations given by a medical examination commission to provide invalids with part-time work, lower working load and other working conditions. A workweek not exceeding 36 hours with full payment preserved is established for I and II category invalids. In the third case above a ‘Kyzilkum’ TV founder acted illegally. Under Article 100 of the Uzbek Labour Code, employer can cancel the labour agreement on his own initiative on the basis of the following: 1) a change in the technology of the production and labour organization, cut in the volume of work causing a change in the number of workers or a change of the nature of work or the liquidation of the enterprise; 2) disparity between the worker and his job due to low qualification or poor health; 3) the worker regularly violates his duties. Regular violation means disciplinary offences that the worker repeatedly commits within a year after some disciplinary or material measures were taken against him; 4) a gross violation of duties by the worker. The list of gross violations of duties is determined by the rules of internal enterprise regulations, a labour agreement, provisions and charters; 5) cancellation of the labour agreement with holders of more than one jobs due to admitting another worker; 6) cancellation of the labour agreement with the enterprise due to the change of its owner.
8. Breach of economic rights of mass media and journalists
August 20 The united editorial boards of Sirdaryo haqiqati and Syrdar’inskaya pravda newspapers (town of Djizzak) The staff of the regional Sirdaryo haqiqati and Syrdar’inskaya pravda newspapers founded by the Syrdarya regional government have not been paid their salaries for two months. “The matter is that we have no money on our account, - deputy editor-in-chief Yevgeniya Kachkayeva said. - Even the working pensioners are not getting their pensions. Neither the editorial board leaders, nor the regional government are doing anything to improve the situation. We were left without money on the holiday. We hope that the trade union committee will seriously think about the state of workers.” According to journalists, the situation is critical and some of the creative workers are thinking about changing their jobs.
COMMENT Any managing subject of law enjoys rights and bears responsibilities stipulated by the law or gains rights and responsibilities by concluding civil and legal agreements. Rights and responsibilities cause agreements. In the case above it is the regional government’s responsibility assumed to finance the newspapers. Provisions of an agreement are obligatory for its parties. If a party fails to perform or performs improperly its provisions, another party has the right to demand that the agreement be performed properly and the damage caused, including lost profit, be paid.
III. VIOLATIONS INCRIMINATED TO MASS MEDIA
1. Demand to protect honour, dignity and business reputation following the publication of definite information
August 9 Djizzak Pravda newspaper (town of Djizzak) On 20 April Djizzak Pravda carried a topical satire by free-lance author Meli Mahmudov entitled “The self-conceit fireman” about the facts of theft practiced by a fire-team leader of the Uchtepa cotton plant of the Djizzak District, Kamol Ghafurov. The report was based on the results of an auditing which revealed a six-million-som embezzlement committed by K.Ghafurov. The fire-tean chief felt insulted and brought an action against the newspaper and the author to the Djizzak inter-district civil court, claiming for a five-million-som compensation for the moral and material damage. The court accepted the claim. The newspaper editorial board appealed to the regional prosecutor’s office and demanded that full investigation be carried out. On 9 August the regional prosecutor’s office sent a letter saying that the case is handed over to the Pakhtakor District prosecutor’s office for consideration. The latter confirmed taking up a criminal case against Kamol Ghafurov. A copy of the letter was sent to the Djizzak inter-district civil court which rejected Ghafurov’s claim due to the criminal case against him.
COMMENT Under Article 27 of the Uzbek Law On Mass Media, a person thinking that a mass media report contains untruthful and unauthentic facts has the right to demand that a refutation or an answer be published. If refused the citizen has the right to appeal to a court. When personal non-property rights such as honour, dignity and business reputation are violated, under Article 100 of the Civil Code of Uzbekistan civil and legal responsibility comes into force provided the following conditions: - the publication contains facts, not opinions, views or any other assessments; - these facts are not authentic, that is they are not true; - they damage honour, dignity or business reputation of the plaintiff from the point of view of his commitment to the laws and moral principles of society. There can be no civil-legal responsibility if any one of these conditions is absent.
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