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September 2005
International Journalists’ Training Centre, Tashkent
Monitoring of breaches of freedom of speech in Uzbekistan in September 2005
The monitoring service registered 19 reports in September, two of them showing the actual state of mass media in the light of socio-legal and political climate during the month and 17 reports about direct violation of rights of mass media and journalists.
I. SPECIAL FEATURES OF POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL ENVIRONMENT IN THE COUNTRY DETERMINING THE REAL STATE OF MASS MEDIA
1. Changes and draft changes in legislation in force
30 September Legislative chamber deputies (city of Tashkent) Deputies of the Legislative chamber of Uzbekistan’s Oliy Majlis (parliament) are working on four mass media-related laws. They are: a new wording of the Law On Mass Media, new laws on television and radio broadcasting, a law on mass media economic principles and a law on the protection of state secrets. The laws have been submitted to the parliament for consideration on the initiative of the republican Cabinet of Ministers while journalist members of a group of experts working under the Institute of Civil Society Studies took an active part in drafting them. In the opinion of an expert, a deputy director of the “Ijtimoiy fikr” Centre for Public Opinion Studies, Marat Khojimuhamedov, a new wording of the law on mass media makes it obligatory for high-ranking officials to provide journalists with necessary information. The parliament is expected to consider and adopt all these draft laws as early as the current year.
5 September Islam Karimov, President of the Republic of Uzbekistan President Islam Karimov has decreed that a Computer Incidents Management Agency be formed under the Centre for the Development and Introduction of Computer and Information Technologies. The agency will coordinate activities of all subjects of the national information network aimed at preventing any offences in using computer and information technologies, gather and analyze information about modern threats to computer security and software and hardware efficiency of protecting computer systems and also advise the national users about the means to protect them against illegal penetration into information systems.
II. VIOLATION OF RIGHTS OF MASS MEDIA AND JOURNALISTS
1. Hindering journalists’ legal professional activities
1 September Botir Qudratov, Djizzakskaya Pravda (town of Djizzak) A Djizzakskaya Pravda photo reporter, Botir Qudratov, has been assigned by the editorial board to photograph celebration of the 14th Independence Day of Uzbekistan. For this purpose Qudratov obtained a special pass from organizational department of the Djizzak Regional administration and on 1 September went to the celebration site, the “Sangzarkol” rest zone. But the law-enforcement officers responsible for security banned his snapshoting referring to an order from their chief. No relevant documents were presented to the reporter. The task was not fulfilled.
1 September Bakhtiyor-Shakhboz TV (town of Djizzak) On 1 September 2005 a film crew from the Bakhtiyor-Shakhboz city private TV lead by editor-in-chief Bekpolat Toghayev went to the “Sangzarkol” rest zone where the 14th anniversary of Uzbekistan’s independence was to be celebrated. All crew members had special passes enabling them to film but the law-enforcement officers responsible for order and security prevented the journalists from fulfilling their professional activities. Toghayev said that “a TV report was prepared through great difficulties and the jitters.”
1 September Lenura Adilsheva (town of Djizzak) A Djizzakskaya Pravda reporter, Lenura Adilsheva, went to the “Sangzarkol” rest zone on 1 September to prepare a report about the celebration of the 14th anniversary of Uzbekistan’s independence. Adilsheva wanted to obtain a number of interviews but the law-enforcement officers did not allow her even to get up not to mention her walking about the rest zone and meeting or speaking with people there. The journalist had a special pass enabling her to carry out her professional activities that day.
COMMENT Freedom to search for, obtain and disseminate information is guaranteed by Article 29 of the Constitution of the Republic of Uzbekistan, Uzbekistani laws On Mass Media and On the Protection of Journalists’ Professional Activities. Under Article 5 of the Uzbek Law On Principles and Guarantees of Freedom of Information, the major principles of freedom of information are openness, glasnost, accessibility and authenticity. Under Article 14 of the Law On the Protection of Journalists’ Professional Activities of Uzbekistan, officials of state bodies, citizens’ self-government bodies, public associations, enterprises, institutions and organizations bear responsibility for violating the journalists’ right to inquire about and obtain necessary information, exerting pressure on, interfering in professional activities of and illegally confiscating materials or the necessary technical means from journalists. Journalists have the right to lodge a complaint about the officials’ actions with a higher body or a court in accordance with Article 269 of the Civil Code of Uzbekistan.
2. Causing harm to health
5 September Toshpolat Rahmatullayev, freelance reporter (city of Samarkand) Independent journalist Toshpolat Rahmatullayev was knocked down by a white “Zhiguli” automobile (number-plate 14 O 4602) on 5 September in Orzu Mahmudova street of Samarkand. The driver drove away from the site of the incident. The journalist said that the car was on the roadside but when Rahmatullayev began crossing the road and nearing the car it sharply started towards him at a high speed. “If it were not for my quick reaction, I would be run over,” the journalist said. He had to visit the Samarkand emergency medical aid center to cure the traumas caused. Eyewitnesses confirmed that the vehicle brushed against Rahmatullayev and drove away without stopping. It moved in the opposite direction along a one-way road thus breaching the rule. The journalist appealed to the City Traffic Inspectorate but the investigation group came to his place four hours later, only after a call to the Internal Affairs Ministry. Investigations are under way.
COMMENT In the incident above the driver’s actions are unambiguously defined as criminal. Depending on the driver’s intention and the consequences, his actions can be qualified in accordance with articles of the Criminal Code of Uzbekistan envisaging responsibility for deliberately causing harm to health, or in accordance with articles of the Code of Administrative Responsibility of Uzbekistan about causing harm to journalists’ health through the breach of traffic rules. Under Article 133 of the Administrative Responsibility Code, the breach of traffic rules by the driver inflicting slight physical injuries on the victim entails a penalty of three to five minimum wages or the loss of a driving licence for a period of one to three years. All the more, in the case above the driver guilty of the traffic incident left the site of the incident which under Article 137 of the Administrative Responsibility Code entails a penalty of two to five minimum wages or the loss of a driving licence for a period of one to three years.
3. Baseless liquidation of journalists’ public associations
2 September The “Reporter” journalists’ club (town of Bukhara) The “Reporter” journalists’ club formed five years ago in the town of Bukhara was liquidated on 2 September. The club united journalists of the Bukhara and neighboring Navoi regions, promoted exchange of information, organized news conferences, seminars and trainings. There were rumors lately about the closure of the organization and its head Obid Shabanov said that it was not the initiative of the leadership but of a registration body. In the morning on 2 September Shabanov received a telephone call from the Bukhara Board of Justice about the expiry of a term and a decree in preparation on the liquidation of his non-state non-commercial organization. The process of liquidating NNOs is under way in the republic and the “Reporter” club is in the list of those to be closed down. On 2 September Obid Shabanov announced the club’s self-liquidation in order to re-register it as a commercial organization.
2 September The “Reporter” journalists’ club (town of Bukhara) The “Reporter” journalists’ club in Bukhara was closed down on 2 September under the pressure from the Regional Board of Justice. The club-leader Obid Shabanov had to hold a general meeting of founders of that non-state non-commercial organization with a single item of self-liquidation on the agenda. But that was not the end of the NGO’s closure epic. At about 1930 (local time) on 5 September an officer of the Board of Justice, Jahongir Shirinov, summoned Shabanov to demand that the date in the minutes of the founders’ general meeting be changed from 2 September to 19 August 2005 because that date was allegedly set in a report to the Justice Ministry. Shabanov had to go back to his office and amend the document as demanded by Shirinov. Then he returned to the Board of Justice, handed over the NGO’s round and angle stamps. Even then Shabanov was not allowed to go home and had to wait for the results of a board meeting which began at 2100 (local time) under the chairmanship of the head of the Regional Board of Justice, Khojimurod Isoqov. The only item on the agenda was the liquidation of the journalists’ club. It should be noted that in the minutes of the founders’ meeting Shabanov and his colleagues had to explain the closure of the club by difficulties in financing which the NNO allegedly faced in recent years and which had a negative impact on the execution of the tasks set. Although Shabanov says there was nothing of the sort, the organization independently found means to maintain the staff and improve professional skills of journalists.
20 September The “Muvozanat” journalists’ club (town of Navoi) The “Muvozanat” (“Equilibrium”) journalists’ club no longer exists in Navoi Region. Under the pressure from the Regional Board of Justice founders of that non-governmental organization have decided to stop their activities. According to the Board of Justice officers, the closure was caused by financial problems that the NNO faced.
COMMENT In this case actions of the Board of Justice are not based on the law. Under Article 58 of the Uzbek Constitution, interference of the state bodies and executives in the activities of public organizations, as well as interference of public organizations in the activities of the state bodies and executives, is inadmissible. Also, under Article 62 of the Constitution, public organizations can be dissolved or banned or their activities restricted only by a court decision.
4. The breach of constitutional guarantees of freedom of creation
12 September Mass media of Khorezm Region (town of Urgench) Members of two district newspapers of Khorezm Region, who did not want to be identified, said that the district administrations, the founders of the papers, banned them from reporting about the course of the cotton-picking campaign. Similarly the Khorazm Haqiqati and the Khorezmskaya Pravda newspapers founded by the regional administration are banned from publishing such reports. According to journalists, readers are highly interested in such information and repeatedly appeal to the editorial board for such reports.
COMMENT Article 29 of Uzbekistani Constitution, Article 2 of the Law On Mass Media and Article 5 of the Law On the Protection of Journalists’ Professional Activities, which guarantee freedom of speech and creation give the journalists the right to gather, analyze and circulate information. Everyone has the right to come out in mass media sources and openly express his/her own opinions and convictions. No one has the right to indicate to journalists what to write about or when to publish materials or demand a definite content of publications.
5. Baseless refusal to give socially important information
6 September Igor Biryukov, independent journalist (city of Tashkent) At the request of veterans independent journalist Igor Biryukov has repeatedly appealed to the chief specialist of the Labour and Social Security Ministry, Nina Toraboyeva, for explanation who of the war veterans can be classified as participants in combat operations and who of them as labour veterans. But Toraboyeva refused to give information referring to the need to get permission from a number of higher instances. The journalist failed to do that because he did not manage to contact by phone the relevant press-services.
6 September Nodira Samandarova, Ravshan Ne’matov, Navoi TV and Radio Company (town of Navoi) A film crew of the Navoi Regional TV and Radio Company including Nodira Samandarova and Ravshan Ne’matov have contacted the chief of the “Magistral yollar” motor-car enterprise, Boron Abdullayev, as they were to make a report about the construction of a motorway to the airport. The latter said they needed a special pass to the construction site to prepare such a report and refused to give the journalists any information about the construction process.
15 September Sergei Mutin, Tashkentskaya Pravda (city of Tashkent) A Tashkentskaya Pravda reporter, Sergei Mutin, has appealed to the Agriculture and Water Economy Board for information about the cotton defoliation. During a whole week head of the chemicalization and better farming department Abdulaziz Berdiqulov through his subordinates refused to give such information referring to the absence of the leadership. Information was received only after chief of board Uzkenbai Atemov came to work. At least a week was wasted on that red-tape.
COMMENT Article 29 of the Uzbek Constitution guarantees every citizen the right to seek, obtain and disseminate information interesting him/her. Under Article 8 of the Law On Principles and Guarantees of Freedom of Information, the state protects everyone’s right to search for, obtain, analyze, circulate, use and keep information. It is inadmissible to restrict the right of information depending on one’s sex, race, nationality, language, religion, social origin, convictions, individual or social status. Bodies of state power and administration, the 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/her rights, freedoms and legitimate interests, create available information resources, broadly inform the users about the citizens’ rights, freedoms and obligations, their security and other issues of public concern. 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 minimum wages is imposed on officials. For this journalists 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.
6. Limiting access to web-sites
1 September Internet sites (town of Nukus Since 1 September the UzPAK provider has been blocking the following sites: www.s-asia.org, www.leader.ru, www.proxify.com, while UzSkynet provider is blocking the site www.Tribune-uz.info. This site can be opened only through a proxy server after repeated attempts. Local offices of these provider companies denied the facts of blocking the sites.
18 September Internet providers (town of Urgench, Khorezm Region) The list of unavailable sites has grown. Now users cannot open the news site www.dw-world.de (Deutsche Welle). At the same time the BBC site is easily opened. Proxy servers can help sidestep the blocking of sites. But there is a problem connected with the fact that many of them work on commercial basis. Local media workers cannot pay $15-$20 a month, about half of their monthly salary, for using foreign servers. According to local specialists in information technologies, proxy servers can probably be blocked too. “Now my colleagues receive the majority of materials on Uzbekistan with various deliveries, a journalist from Khorezm wishing to remain unidentified says. - But it is not enough. Much of the useful information is placed in Uzbek sites including also reports by those loyal to the regime. These sites do not consider themselves to be oppositional, they represent the interests of all sections of society, nevertheless they are blocked too”. Offices of the UzPAK, Intal, ROL Internet providers did not give the list of banned sites. But the Net operation makes it possible to suggest that the list is common for all.
20 September Web-sites Practically in all Internet-clubs of Bukhara the sites www.Tribune-uz.info, www.dw-world.de, www.Fergana-ru are unavailable. The site www.centrasia.ru can be opened partially. These sites are provided by Sarkor, UzNet, Platinum-Connect, Net-city and ROL companies. Their central offices are located in Tashkent while in regions they have their dealers. One of the dealers who did not want to name himself or his company, said that the situation is caused by an order issued by a central provider-company to make these sites unavailable.
25 September Internet sites (town of Navoi) The sites www.uznews.net, www.tribune-uz.info and www.ferghana.ru are not available in Navoi Region. All providers note the worsening of quality of communications. UzNet administrators say that even post services do not operate. In their words, Internet sites are blocked on the instructions from Tashkent.
COMMENT Access to information is guaranteed by the Constitution and Laws of Uzbekistan. Articles 4-6 of the Law On Principles and Guarantees of Freedom of Information read that under the Uzbek Constitution everyone has the right to freely search for, obtain, analyze, circulate, use and keep information. The major principles of freedom of information are openness and glasnost, accessibility and authenticity. Access to information can only be restricted in accordance with law and with an aim to protect human rights and freedoms, the foundations of the constitutional system, moral values of society, spiritual, cultural and scientific potential and to ensure the country’s security. In Uzbekistan under the pretence of protecting human rights and freedoms the principle of the citizens’ free access to information is being violated. Article 14 of the Law On Principles and Guarantees of Freedom of Information reads that access to information can be limited in order to set up a system of opposing an expansion of information aimed at destabilizing the socio-political situation. When blocking a concrete site on this basis the fact of destabilization must be confirmed and linked with the materials published in the site. In civil and legal respects actions of Internet providers blocking some sites violate the contract on the delivery of information to users, since Internet services are paid. Users have the right to appeal to the court for the restoration of their rights.
7. Breach of journalists’ right of work
15 September The united editorial board of Sirdaryo Haqiqati and Syrdar’inskaya Pravda newspapers (Syrdarya) The situation is critical in the united editorial board of Sirdaryo Haqiqati and Syrdar’inskaya Pravda newspapers. The staff members have not been paid their salaries since June of the current year due to the lack of money in the account of the editorial board. Telephone was disconnected because of debts and this caused additional difficulties for the staff. The founder of the newspapers is the regional government.
29 September Molodezh Uzbekistana newspaper (city of Tashkent) Another issue of the Molodezh Uzbekistana newspaper did not come out on 22 September because the editorial board had no money to pay for the printing paper. The payment of wages is being delayed for the third week running and those who went on leave in late August did not get their holiday pays. The newspaper founder, the “Kamolot” youth fund, explains the situation by the lack of money.
COMMENT In the first case above under Article 154 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. Employer irrespective of his/her own financial state is obliged to pay a worker the money he earned within the date fixed by Article 161 of the same code in accordance with the established terms of payment. The size of payment agreed by the parties of a labour contract cannot be lower than that established by a collective agreement or contract. In the second case Article 169 of the Labour Code guarantees that during an annual leave a worker’s holiday pay is no less than his average wage. The holiday pay is made within the terms fixed by a collective agreement, but no later than the last workday before the leave.
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