Violating Constitution, decree charges media for access to public information

A Tajik government decree charging privately-owned media for access to public information is “utterly grotesque,” Reporters Without Borders said today. Issued on 31 October, the decree “On the recovery by state institutions of the costs of presenting information” took effect on 19 November. “Having to pay for raw public information is a direct violation of the principles of transparency and free and equal access to information,” Reporters Without Borders said. “This confusing decree is contrary not only to international standards but also Tajikistan’s own laws.” The media were not consulted about the decree, which was not submitted to parliament and was not the subject of any debate. It concerns “all information in official documents” except state secrets and information involving individual citizens. According to government sources, a number of exceptions are envisaged, but the wording is very vague. Abdufato Vakhidov, a coordinator of the National Association of Independent Media (NANSMIT), told Reporters Without Borders: “The decree concerns all written information but not oral information.” All branches of the state are required to enforce it, including municipal services. Since the decree took effect a month ago, privately-owned media have been charged up to 25 somoni (4 euros) for each page of information. At the start of next month, the ceiling will increase to 35 somoni (5.50 euros), a sizable sum in a country in which the average monthly wage is 40 euros. Reporters Without Borders is perplexed by the decree’s unprecedented and loosely-worded provisions, which appear to contradict both Tajikistan’s constitution and its law “On the right of access to information.” “As it stands, the decree can only arouse great concern,” Reporters Without Borders said. “The very diverse interpretations in the local press reflect the confusion about its provisions and civil society’s mistrust of authorities that show little interest in giving the public unrestricted access to state information. Clarification is needed about the type of information concerned by the decree, which encourages corruption and unequal treatment of the media.” The decree’s retrograde nature is particularly serious in a country where good governance is badly lacking and the authorities should be doing everything possible to gain legitimacy in the public’s eyes. The introduction of charges provides additional scope for the corruption that is already endemic in Tajikistan, ranked 150th out of 179 countries in the Transparency International index. Article 2.13 of the decree stipulates that information continues to be free for the state-owned media, giving them an unfair advantage over the private media, which will either have to pay or limit themselves to tamely using government releases. When they receive a request for information, officials are supposed to respond within seven days but the decree says the period can be extended “if more time is needed to obtain requested information whose access is more difficult.” This flexibility could be a powerful weapon in the hands of officials who are reluctant to release information or who want to charge extra for “rapid processing.” The journalistic community’s concern, widely reflected in the media in recent weeks, was expressed again at a round-table organised in Dushanbe on 14 December with the support of the Organisation for Security and Cooperation in Europe. There is also concern about a proposed new media law that is due to be examined soon by the Tajik parliament. The bill’s content is not yet known but journalists point out that the existing media law can at least be invoked as grounds for claiming that the decree is illegal. Ranked 113th out of 175 countries in the latest Reporters Without Borders press freedom index, Tajikistan has been hit hard by the international economic crisis and is on the verge of bankruptcy. The country is propped up by remittances from emigrant workers and funding from international bodies. Access to information is a particularly important issue in the run-up to parliamentary elections scheduled for 21 February. (Photo : RFE/RL)