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News from the Field: In Tajikistan, strengthening the legal capacity of media

Independent and free media, offering means for citizens to express their opinions, need legal certainty to play a key role in the democratization process.

Recent development in Tajikistan highlighted the challenges faced by journalists and emerging information organizations in complying with licensing procedures. Furthermore, during the pre-election period, regulations regarding the broadcast time allotted to political competitors had to be understood and respected. These examples underline that television and press companies need the assistance of lawyers qualified in media law.
ignorance and non-respect of regulations, in particular regarding the broadcast time allotted to political competitors have led to the suspension of TV channels.

UNDEF is supporting a one-year initiative entitled “the fourth estate needs protection” conducted by Khoma, a Tajik non governmental organization.

This project aims at:

• building and training an active network of qualified lawyers to defend the interests of independent television and radio stations and to deal with the legal body regulating media activities;


• raising journalists’ legal knowledge, enhancing skills in human rights coverage and also increasing the capacity of journalists to defend their own rights.

The “Lawyers school” held its first session in Dushanbe, the Tajik capital, from 18 June to 18 July. 15 lawyers were trained on issues related to mass media, Tajik laws on mass media, issues regarding the protection of journalists rights and taxation laws. Mass media protection experts such as the chairman of the Moscow City mass media bar association, the former State advisor of the president of Tajikistan and the deputy General Director of the State television channel were engaged as trainers. In addition, participants became acquainted with international instruments of rights protection and domestic legislation from other countries regarding information and media. Particular emphasis was given to the study of tax legislation, labor and commerce legislation as well as the basics of records management.
A practical seminar entitled “Civil and criminal proceedings” allowed the trainees to attend civil and criminal trials, in particular in the Supreme Court of Tajikistan. Zafar Karimov, lawyer-adviser for the Guli Bodom TV, located in the north-west town of Konibodom, reported back that “Khoma had a friendly and frank attitude towards us. Within this short period of time, the trainers trained us in different aspects of law in conjunction with mass media. Personally for me, such training was highly important”.

Following this session, the trainees, back in their respective firms, were given the task to streamline the paperwork of independent television’s stations, to provide legal advice, to compile data on the legal situation of mass media at the regional level and to write articles published on Khoma’s website (www.khoma.tj). The latter also monitors these activities through site visits.
Among the already visible results of the project are the growing interest of station directors and the improved management of the clerical work in accordance with the legislation. Henceforth, TV stations hold a logbook to record legal consultations provided by lawyers. In September alone, 40 reported legal consultations have been provided by the lawyer from the Isfara TV Companie located in the northern town of Isfara. Furthermore, lawyers involved in the project work closely with journalists in the independent televisions and newspapers and several programs on different right protection issues have been broadcast. Finally, a book on rules and procedures to create and manage media companies in Tajikistan is about to be published.

Remaining planned activities will include a seminar on human rights targeting both lawyers and journalists from each independent television station and a roundtable on “mass media legislating” including representatives from government and parliament. Khoma is currently working in close collaboration with the Ministry of Justice of the Republic of Tajikistan on the granting of certificates to be given to each participant in the project.

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