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October 2005
International Journalists’ Training Centre, Tashkent
Monitoring of breaches of freedom of speech in Uzbekistan in October 2005
The monitoring service registered 27 reports in October, seven of them showing the actual state of mass media in the light of socio-legal and political climate during the month, 19 reports about direct violation of rights of mass media and journalists and one about conflicts and accusations against 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. Public appearances, statements and speeches made by top officials determining the actual state of mass media
5 October Elyor Ghaniyev, Foreign Minister, Republic of Uzbekistan (city of New York) In an interview with The Bukharian Times weekly of the New York community of Bukhara Jews, Uzbek Foreign Minister Elyor Ghaniyev has expressed his own opinion about mass media and journalists. He said in part that “…the authorities have to carry out their duties, not to engage in justifying propaganda. I assure you that we have a lot to do in Uzbekistan especially as the terrorist organizations do not deprive our republic of their attention. Of course, information, both truthful and false and slanderous, can considerably influence the public opinion. Nothing can better win one’s confidence than a lie stuffed with separate truthful facts. Journalists know that well and skillfully use half-truth and half-lie in their articles. Although very often you come across such a sheer nonsense that you cannot even guess how that rubbish could ever by published. As to the problem of terrorism in Israel, I can offer you a series of reports in the Israeli media expressing support to Uzbekistan in its fight against terrorism.”
2. Officials’ actions determining real state of mass media
12 October Internal Affairs Ministry (IAM) of Uzbekistan (city of Tashkent) The IAM press-service has circulated a statement calling upon journalists to adhere to journalists’ ethics and wait for a court decision in connection with Andijan events. The ministry took the step following a number of foreign media reports that allegedly “at the court in Tashkent the accused are forced to make a confession through torture”. “Under International Law and the national legislation, such accusations against someone especially if they relate to human rights should be based on real facts”, the IAM statement says. “All points of Article 45 of the Uzbek Criminal Code have been observed since the detention of the accused in connection with Andijan events. The defendants and their lawyers did not note the use of any illegal methods of investigation against them either during the preliminary investigation or the trial,” the document says. The IAM press-service says that “only the court has the right to assess the testimony and materials of the preliminary investigation, and any fabrications during the trial can directly or indirectly influence the court decision”.
14 October Jaloliddin Abdusattorov, Head of Department, Uzbek Ministry of Justice (city of Tashkent) The www.centran.ru site has carried a report that “Head of Department for Working with Public organizations Jaloliddin Abdusattorov of the Uzbek Ministry of Justice believes that some foreign media circulate false information about Andijan developments”. Abdusattorov said that from the legal point of view journalists’ activities in Uzbekistan are regulated by the laws On Mass Media, On the Protection of Journalists’ Professional Activities and On Guarantees and Freedom of Access to Information. “It should be noted that under the aforementioned laws, any journalist having the right to carry out activities in Uzbekistan gets and circulates information as well as bears responsibility”, the Justice Ministry spokesman said. In his words some foreign media spread information that “the number of those perished in Andijan is not clear, but according to human rights organizations, several hundreds of people were killed when Uzbek troops opened fire on a demonstration”. “This information fully contradicts reality because the republican General Prosecutor’s office issued an official statement about Andijan developments. It gave full data about the number of those killed and those involved in that tragedy”, Abdusattorov said. He also drew attention to the fact that under the legislation in force in the country, namely under the Law On the Protection of Journalists’ Professional Activities, journalists must “check authenticity of their reports and give objective information”.
21 October Khorezm Regional administration (town of Urgench) The regional administration staff has started registering issues that journalists are interested in. After their analysis the governor of the Khorezm Region plans to meet journalists and answer their questions.
3. Changes and draft changes in legislation in force determining the state of mass media
27 October Ravshan Okhunov (Legislative Chamber deputy, Uzbek parliament) Before the end of 2005 the Uzbekistani parliament plans to adopt five new laws related to mass media and also make important amendments and additions to the major legislation currently in force in this sphere. This Legislative Chamber deputy Okhunov told journalists and NGO representatives at a seminar on interaction between mass media and NGOs in the process of civil society development. According to Okhunov, the country’s lawmakers see their major task in developing and adopting such laws that would promote liberalization of all spheres of society. This first of all relates to saturation coverage of the processes in the republic, public control over officials’ activities, providing for free access of the population to socially important information. The deputy said this was the aim of one of the new bills “On the procedure of media coverage of work of state government bodies”. It establishes a legal norm obliging officials to give information to journalists. On the other hand, the state officials will also have the right of access to TV, radio and print media. The deputy said, this is necessary to provide for mass media independence from various financial groups and founders. Another bill “On economic basis of mass media activities” stipulates for the formation of such conditions for mass media in Uzbekistan under which they would least of all depend on the state subsidies. At present a mass media source can be a juridical person, but not a subject of economic management. According to the draft law, mass media sources will become subjects of economic relations working to earn profit. A founder can control financial activities of the editorial board but has no right to interfere in its creative independence. Before the end of 2005 draft laws On TV and radio broadcasting, On public TV and On cable TV will be submitted to the Legislative Chamber for consideration. Amendments and additions will be made to the laws On Mass Media, On the Protection of Journalists’ Professional Activities and On Principles and Guarantees of Freedom of Information.
4. Assessment of the actual state of mass media and freedom of speech
5 October Reporters of Zarya Surkhana newspaper (city of Termez) The www.tribune-uz site has carried a letter from the staff of Surkhandarya Regional newspaper Zarya Surkhana, which reads as follows: “Zarya Surkhana is the only newspaper in Surkhandarya in the Russian language coming out since August 1941. It was founded by the regional administration and the regional Soviet of people’s deputies. From July to December 2003 only 23 issues were published instead of 52. From January to August 2004 not a single issue came out. After the new governor of the Region, A. Eshmurodov was informed by the participants in a meeting of the “Russian Culture” Association that the Russian-language newspaper was no longer coming out, the latter paid attention to its critical state and allotted 2 million soms (about $1,390). The money was used to publish the paper and partly cover a 10 million soms debt of the editorial board for rent, paper, printing services, etc. Thanks to that support seven issues of the paper with the circulation of 300 copies each were published from September to December 2004 and 6 issues with 200 copies each were published from January to May 2005. The newspaper is not coming out since May. Now the subscription campaign is under way. But our newspaper is in a state of “suspension”: can it come out further if for a number of years it has failed to pay for the money which the readers spend on the subscription. The editorial board staff was last paid their salaries in the 3rd quarter of 2003. Since then we have been working without getting any payment, not to speak about royalties due to us and authors of our publication. Some of us live on pensions of our parents, others on pensions of their relatives, while deputy editor-in-chief N. Sulaymonov lives on his salary from Pravda Vostoka newspaper, whose own correspondent he is in Surkhandarya Region. Still, we are working on because we are well aware of the fact that the only Russian-language newspaper in the region will close down and the local Russian-speaking population having the right to get information about the developments in the region and in the country in their own language, will lose such an opportunity if we quit”.
26 October Radio BBC (city of Tashkent) The British Broadcasting Corporation has announced the closure of its office in Uzbekistan for at least half a year and the withdrawal of its seven staff members from the country. Meanwhile BBC says that its English-speaking reporters will continue making efforts to get entry visas to cover the developments in Uzbekistan.
II. VIOLATION OF RIGHTS OF MASS MEDIA AND JOURNALISTS
6 October Botir Qudratov, photocorrespondent, Djizzakskaya Pravda newspaper (town of Djizzak) On 6 October Djizzakskaya Pravda reporter Botir Qudratov on his way to a district in Djizzak Region on a business trip witnessed an unpleasant incident. Head of traffic security section of the Djizzak city Interior Department Major Zoir Mamadiyorov stopped a minibus and using force dragged the driver out and beat him before the eyes of dozens of people. The reporter filmed the incident. When he was back from the business trip, Zoir Mamadiyorov phoned to the editorial board and “recommended” that it was in the interests of Botir Qudratov not to publish the photographs. Indignant journalist appealed to the Djizzak Regional Traffic Security Board and told its deputy chief Lieutenant-Colonel Abdulla Qodirov about the incident. The latter promised to take measures.
11 October Abduvali Boriyev, Rustam Boqiyev, Regional TV (town of Navoi) Editor Abduvali Boriyev and cameraman Rustam Boqiyev of the Regional TV were banned from filming the Qiziltepa Cotton Plant. The plant manager, Abdujabbor Asadov, did not allow them to snapshot the plant referring to a verbal ban from the minister.
14 October Djizzakskaya Pravda newspaper (town of Djizzak) On 14 October Djizzakskaya Pravda’s own correspondent Ochil Yarobekov went to the Pakhtazor procurement center of the Pakhtazor farm of Mirzachul District to find out the reasons for a fire incident there and the size of the damage. But the district administration officials did not allow him into the center saying that it was not necessary to cover the incident.
COMMENT Under Article 29 of the Uzbek Constitution and Article 5 of the Law On the Protection of Journalists’ Professional Activities, journalists have the right to seek, get and circulate information, visit state bodies and organizations of all forms of ownership and be received by their officials. It is banned to interfere in the journalists’ professional activities or demand from them any information they got while carrying out their professional duties. Any artificial limitation on getting and circulating information shall be acknowledged as contradictory to the legislation in force. Actions committed by a person with the use of his official powers as well as acts of violence or threats to use force, are qualified as an offence stipulated by the Criminal Code of the Republic of Uzbekistan.
26 October Olga Fozilova, Pravda Vostoka reporter (city of Tashkent) Pravda Vostoka correspondent Olga Fozilova has prepared an article on the outcome of an October conference on slave-trade in Tashkent and presented it to the editorial board. But a call from a higher instance (the reporter was not told which body exactly) forced the editorial board leaders to refuse to publish Fozilova’s report. The journalist was told that a material on the subject would be published by a news agency. In the end the problem of slave-trade discussed at the conference was never covered by Pravda Vostoka.
COMMENT In the case above Articles 29 and 67 of the Uzbek Constitution, namely the citizens’ right to freely get information was violated. Everyone has the right to seek, obtain and disseminate any information, with the exception of that directed against the existing system and other restrictions stipulated by the law. Mass media is free and acts in accordance with the law. Censorship is inadmissible. A similar provision banning censorship is set by articles 4 of the laws On Mass Media and On the Protection of Journalists’ Professional Activities. No one has the right to demand that reports or materials be agreed preliminarily or that their text be changed or removed from publication.
27 October Open joint-stock company Bytuniservice, Cable TV (town of Nukus) Since 27 September the transmission of two Russian TV channels CTC and Rossiya has been suspended. Bytuniservice members told our correspondent that the Uzbek Communications Agency refused to renew their license to transmit these channels. Meanwhile programmes of CTC and Rossiya channels can be watched in other areas of Karakalpakstan, as well as in the cities of Urgench and Tashkent.
COMMENT Under Article 6 of the Uzbek Law On Licensing Separate kinds of Activities, it is the competence of licensing agencies to revoke or suspend a licence. A licence can be revoked if the license-holder: regularly or once but flagrantly violates the demands or provisions of the license agreement; fails to remove the circumstances which caused the suspension of the licence within the terms set by a licensing agency. Founders of Cable TV, if they did not violate any rules, have the right to appeal to the court for the restoration of their legitimate right of transmission.
4. Baseless refusal to give socially important information
1 October Khorazm Haqiqati newspaper of the Regional Administration (town of Nukus) Head of the Agricultural department of the Khorazm Haqiqati newspaper Ollobergan Rajabov could not get information about the work of the alternative machine and tractors station Bagalan of Yangibozor District. At first the station manager Bobokhon Ortiqov was ready to speak with the journalist but the head of a district joint-stock company for agricultural chemistry, Bekbergan Rahmonov, prevented the former from meeting the reporter. The latter was visiting the station as a representative of the district administration.
5 October Tatyana Khmelevskaya, independent journalist (city of Tashkent) Independent journalist Tatyana Khmelevskaya called the Finance Ministry to find out why prices for petrol went up and whether citizens of Uzbekistan should wait for a further price-rise for fuel. A ministry official who did not want to introduce himself said such information was a state secret. He said also that he was a new man at the ministry and therefore had little information. The reporter asked him to ask a specialist but the man said there was no one else there, that others were either ill or on a business trip. Khmelevskaya could not get any information.
6 October Ravil Iksanov, Novosti Kashkadar’i newspaper (city of Karshi) On 6 October the head of the Karshi warehouse of oil products, Bahodir Kholiqov, refused to give information to Novosti Kashkadar’i reporter Ravil Iksanov. That day the reporter repeatedly tried to telephone Kholiqov but the latter refused to speak to him through his secretary Gulchehra Bekmurodova. The reporter wanted to find out the reasons for a recent price-rise for fuel.
14 October Natalya Bushuyeva, Deutsche Welle radio (city of Tashkent) Deutsche Welle correspondent Natalya Bushuyeva has appealed to Uznefteproduct joint-stock company of oil products for a comment on the current situation with petrol. Assistant Director Marat Boyzoqov refused to meet the reporter and comment on the situation. 15 October All mass media (Reporter of a state newspaper who wished to remain unidentified) Assistant Director General of Uzavtoprom joint-stock company of automobile industry Anvar Adikov refused to give any information about the purchase of a Dae Woo-Motors share in UzDaeWooavto joint venture to a reporter of a state newspaper who wished not to be identified. The journalist had to find some roundabout ways to get the necessary information.
16 October Pardaqul Toraqulov, independent journalist (city of Samarkand) A deputy of the Samarkand city Council of people’s deputies, the chief of the first sanitary zone, including the city dump, Shavkat Ahmedov, refused to give information to journalist Pardaqul Toraqulov necessary for his report about the city dump for the www.tribune-uz Internet site. Ahmedov made several appointments to the journalist at certain times and certain offices, but never came there.
25 October Nodira Samandarova, www.tribune-uz Internet-site (city of Navoi) For the second month running www.tribune-uz reporter Nodira Samandarova cannot prepare a report about the construction of a highway leading to the local airport. Officials at all instances deny her any information referring to the need to get a permission from the National Security Service. Samandarova appealed to a National Security Service member, Rustam Amriddinov, working at the airport but he refused to give the reporter any information.
COMMENT Article 29 of the Uzbek Constitution ensures every citizen, accordingly all journalists, the right to seek, obtain and circulate any information he/she is interested in. Article 30 of the Constitution obliges all state bodies, public organizations and officials in Uzbekistan to provide citizens with an opportunity to get to know the documents, decisions and other materials pertaining to their rights and interests. In its turn under Article 6 of the Law On Guarantees and Freedom of Access to Information, a written request should be answered as soon as possible but no later than 30 days after its reception. A verbal request, whenever possible, should be answered immediately. If the given agency or its official do not have the relevant information, they must inform the requestor about that and if possible about an agency or official having such information within seven days after receiving the request. Under Article 12 of the Law On Guarantees and Free Access to Information one can lodge an appeal to the court against action or inaction of the state bodies, citizens’ self-government bodies, public associations, enterprises, institutions, organizations and officials, infringing upon the citizens’ right to get information.
5. Baseless restriction of access to socially important information
19 October Khorezm Regional mass media (town of Khiva) Socially important information is still unavailable to journalists in Khorezm. Leaders of the Khorezm Ma’mun Academy did not find it necessary to invite journalists from regional publications and from Khiva district newspaper to an International symposium on fight against termites. The forum discussed an acute problem of protecting ancient historical monuments against wood-fretters. Only the republican Pravda Vostoka reporter managed to get some information for his newspaper. A film crew from the Akhborot republican TV news programme could also take a snapshot.
COMMENTArticle 29 of the Uzbek Constitution ensures every citizen, accordingly all journalists, the right to seek, obtain and circulate any information of his/her concern. Article 30 of the Constitution obliges all state bodies, public organizations and officials in Uzbekistan to provide citizens with an opportunity to get to know the documents, decisions and other materials pertaining to their rights and interests. Under Article 8 of the Law On Principles and Guarantees of Freedom of Information, the state protects everyone’s right to seek, obtain, analyze, circulate, use and keep information. It is inadmissible to restrict the right of information depending on sex, race, nationality, language, religion, social origin, convictions, individual and social status. Under the same article, 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.
6. Baseless limitation of access to web-sites
4 October Internet providers in Khorezm Region (town of Urgench) All Internet providers in Khorezm Region fail to provide users’ access to www.leader.ru web-site. That source has a number of proxy-servers able to by-pass the blockage of some unfavoured sites.
27 October Internet-sites (town of Navoi) The www.uznewsnet, www.tribune-uz.info, www.ferghana.ru, www.ozodlik.org sites cannot be opened in the town of Navoi. All providers note the worsening of quality of communications. According to members of such provider-companies as UzNet, UzPac, Buzton, Internet-sites are being blocked in Tashkent.
28 October Web-sites (town of Djizzak) In all Internet-cafes of Djizzak such sites as www.centrasia and www.tribune-uz are not available. It is also impossible to send E-mails directly, to do that it is necessary first to be linked up to the central processor.
COMMENTAccess 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. 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
3 October Open joint-stock company Nukus Poligrafkombinati (town of Nukus) Workers of the Nukus printing plant have not been paid their salaries since July 2005. They say the situation results from the debts exceeding the total of 100,000,000 soms of some publishing houses and publications. In September the company became private after 65 per cent of the state shares were purchased by natural persons who are not named. 35 per cent of shares belong to the former director of the Nukus printing plant, Ganjaboy Dosimbetov. In late September by a decision of the Economic Court of the Republic of Karakalpakstan part of property of one of the debtors – the Bilim Publishing House- was turned over to the open joint-stock company Nukus Poligrafkombinati.
18 October Chastnaya Sobstvennost newspaper (city of Tashkent) The Chastnaya Sobstvennost staff have not been paid their salaries for two months. To the questions Why? And When? The leadership says “there is no money at their account”.
29 October Editorial boards of Jizzakh Haqiqati and Djizzakskaya Pravda newspapers (town of Djizzak) In May 2005 under a decree issued by the head of state, wages in all organizations, enterprises and institutions were raised by 20 per cent. But the document did not change the size of earnings of creative members of the Jizzakh Haqiqati and Djizzakskaya Pravda newspapers. Journalists continued being paid in accordance with the old scale. As of 1 October 2005 there was another 20 per cent pay-rise. Only then editor-in-chief Salohiddin Safarov signed an order to raise the wages by 20 per cent. The trade union committee of the united editorial board held an emergency meeting and decided to demand that the editor-in-chief first pay the difference starting from 1 May 2005 and only then raise the staff salaries by 20 per cent.
COMMENTUnder 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 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. The employer’s responsibility for a delay of payment through his fault can be stipulated by a collective agreement. The dates of payment cannot be less than once every half-a-month. So, a delay of payment of wages is the violation of journalists’ right of work. In case of a refusal to pay the salary can be recovered through the court.
III. CONFLICTS AND VIOLATIONS INCRIMINATED TO MASS MEDIA
1. Accusations of circulating false information
12 October Jizzakh Haqiqati newspaper (town of Djizzak) On 12 October 2005 the Jizzakh Haqiqati newspaper carried a report by Asadulla Kattabekov entitled “Bustling about”. Based on truthful facts and statements made by victims, the author sharply criticized the work of bailiffs departments of Djizzak Region for sluggishness in executing various court decisions. He paid special attention to the fact that court decisions on the recovery of material and moral damage were especially badly performed or never performed at all. After the publication of the report the chief of the Djizzak Regional Bailiffs department, Ahmad Abduqodirov called editor-in-chief Salohiddin Safarov to threaten with prosecution.
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 be published. If the given mass media source refuses to publish a refutation or an answer or violates the terms of such publication the citizen or a juridical person 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. If their civil and professional rights are violated journalists and mass media sources, like any other subjects of law, have the right to make a claim and demand that an end be put to such breaches.
The monitoring is based on mass media reports and those by reporters of the International Journalists Training Centre.
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