Article 19
Article 19
04/30/2024 | Press release | Distributed by Public on 04/30/2024 08:52
Tajikistan: Withdraw harmful proposal on foreign journalists’ accreditation
The Tajik authorities have introduced a new proposal aimed at regulating the accreditation process for foreign correspondents. This proposal has raised significant concerns, as it imposes substantial barriers on foreign journalists seeking to operate freely within Tajikistan. ARTICLE 19 has developed a legal commentary highlighting that the proposed regulations fail to adhere to international standards of freedom of expression and recommended practices regarding accreditation.
According to ARTICLE 19's assessment, if implemented, the draft proposal on accreditation would severely curtail foreign journalists' access to Tajikistan and impede their ability to carry out their work without interference. These restrictions would result in a stark decline in media diversity and greatly restrict access to vital information. By imposing such grave barriers, the proposal would significantly hinder people's ability to access diverse sources of information on matters of public interest.
Moreover, the proposed regulation treats accreditation primarily as a mechanism for control and sanction, rather than as a measure for facilitating media access, fostering an open information environment, and promoting uninhibited discourse on critical issues.
In this legal commentary, ARTICLE 19 offers recommendations addressing specific aspects of the proposed rules that raise substantial concerns in terms of international freedom of expression standards.
These concerns include:
- Independence of the accrediting body: The proposal designates the Ministry of Foreign Affairs as the entity responsible for granting accreditations, thereby undermining the independence of the accreditation process.
- Formal status of journalists:The proposal adopts a rigid and narrow definition of eligible individuals, excluding those who are not affiliated with specific media outlets such as bloggers and freelancers.
- Intertwining accreditation with visa and work permit requirements: Under the proposed rules, foreign journalists would be unable to engage in journalistic activities without valid accreditation, effectively requiring them to obtain a permit. Furthermore, obtaining a visa to enter Tajikistan would be conditioned upon receiving accreditation.
- Excessive documentation requirements: The accreditation process in Tajikistan entails an extensive list of mandatory documents, many of which are clearly unnecessary.
- Content-related conditions: The regulation requires the applicants to submit resources that would indicate their previous and intended journalistic materials. ARTICLE 19 underscores that foreign journalists should never be obligated to provide detailed descriptions of their publications or specify the purpose of their visit.
- Excessive waiting period: The legislation introduces an at least one-month waiting period, which significantly interferes with journalists' ability to carry out their work.
- Arbitrary withdrawal: the regulation allows the authorities to withdraw accreditation or suspend it without providing any reason or justification. ARTICLE 19 reiterates that accreditations refusals amount to extreme measures and should be based on transparent, objective and non-discriminatory criteria.
- Sanctions: The regulation introduces sanctions for foreign journalists who conduct journalistic activities without valid accreditation. ARTICLE 19 finds this provision a severe attack on freedom of expression.
- Restrictions as a symmetrical response: The draft regulation allows the Ministry of Foreign Affairs to take 'countermeasures' against journalists from countries that limit Tajikistan journalists' activities. This provision is an example of an openly discriminatory accreditation policy.
ARTICLE 19 urges the Tajik government to withdraw the proposal in its entirety. Should it be implemented, the regulation would not only severely impede the rights of foreign journalists but also violate the public's right to access information on matters of public interest, as the extensive barriers imposed on foreign correspondents' operationality envisaged in the proposal would limit media diversity in Tajikistan.