2004 freedominfo.org Global Survey Results - Tajikistan
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

The Constitution of the Republic of Tajikistan states:

Article 25: Governmental organs, social associations, and officials are obligated to provide each person with the possibility of receiving and becoming acquainted with documents that affect her or his rights and interests, except in cases anticipated by law.

Article 30: Each person is guaranteed the freedoms of speech and the press, as well as the right to use information media. Governmental censorship and prosecution for criticism are forbidden. A list of information considered secrets of the state is determined by law. (1)

The Law of the Republic of Tajikistan on Information was signed by President Rahmonov in May 2002. The law provides for a right of access to official documents by citizens to state bodies. Citizens, state bodies, organizations and associations can ask for access to information on the activities of legislative, executive and judicial authorities and their officials. The request must be in writing and bodies have thirty days to respond. The requestor must pay the costs for the searching, collection, preparation and providing of requests.

There are exemptions for official documents which contain information which is: secret as defined by the Law on State Secrets; Confidential including information "of a professional business, industrial, banking, commercial and other nature" as determined by the owners of the information; on operational and investigations; relating to the personal life of citizens; intradepartmental correspondence prior to a decision being adopted; or protected by other acts.

Denials must include the name of the official and the reasons for denial. Appeals are to a higher-level body in the Ministry or organization and to the courts. Courts have the right to access all of the official documents and can order the release of the information if it is withheld without cause. There are sanctions for unjustified denials, releasing incorrect information, untimely delays, deliberate hiding of information, and destroying information.

State bodies are to provide access to "open information" through publication in official bulletins, the mass media and providing direct access to citizens, state bodies and legal entities.

The law also includes some privacy provisions. The collection, storage and use of information about private life of citizens (which includes documents that they have signed) unless it is allowed by law or with the consent of the person is prohibited. Citizens also have the right to know why information is being collected, by whom and for what purpose and to access personal information held about themselves and demand that it is complete and accurate.

The law is still in the process of being implemented but media groups report that there are continuing serious problems with access to information. The National Association of Independent Media of Tajikistan (NAIMT) said in December 2003 that denial of access by the media to official information was the "most widespread form of law-breaking." (2) The Committee to Protect Journalists (CPJ) wrote the Chairman of the Parliament in August 2003 calling on the Government to "develop procedures to ensure that government activities, including deliberations, are made available to the public in a timely manner." The International Helsinki Committee reported in their 2003 Annual Report that the laws themselves met international standards for freedom of expression but that, "journalists experienced great difficulties in obtaining information from government bodies and departments. By law, all public organizations were obliged to grant the media access to all non-classified material that they produced. However, no sanctions for failures to comply with this obligation were foreseen and government officials frequently refused to provide journalists with the information they requested." (3)

The Law on State Secrets was adopted in December 1996. The law defines state secrets as including "state protected information in the fields of defence, economics, external affairs, state security and protection of public order, the dissemination of which may bring damage to the security of the RT." This does not include information on natural disasters and other emergencies, environmental conditions and health, and unlawful actions of state bodies. (4) It is overseen by the Main Administration on State Secrets. The "Law on checklist of information referred to state secret" sets out the types of secret information.

Tajikistan acceded to the Aarhus Convention on Access to Information in June 2001. (5) An Aarhus Center sponsored by the OSCE was opened in Dushanbe in 2003.

Notes

1. The Constitution of the Republic of Tajikistan. http://unpan1.un.org/intradoc/groups/public/documents/untc/unpan003670.htm

2. Tajik media access to government information still restricted, BBC Monitoring Central Asia Unit, December 22, 2003

3. IHF, Human Rights in the OSCE Region, Europe, Central Asia and North America, Report 2003 (Events of 2002) - Tajikistan. http://www.ihf-hr.org/viewbinary/viewdocument.php?download=1&doc_id=3484

4. See Niginna Zaripova, Tajikistan - Media Freedom Recommendations (OSI Policy Fellowship project), Feb. 2000. http://www.policy.hu/discus/messages/102/185.html

5. http://www.unece.org/env/pp/ctreaty.htm