The Government of Tajikistan has adopted a new decree that will come into effect on January 1, 2010. According to the decree, all state institutions will be able to charge fees for providing any kind of information to media representatives and ordinary citizens. The decree states that one page of information provided should cost up to 35 somoni (ca US$8). Many observers in the country already interpret the decree as yet another impediment to accessing information for the citizens of Tajikistan.

The new decree “On approval of the order of reimbursement of costs related to provision of information” enables state officials to charge citizens and representatives of the mass media for accessing open official documents and regulations, for photocopying official documents or extracts of official documents and for obtaining information from governmental officials in writing. Moreover, payment can be collected not only for the provision of printed information, but also for verbal information and clarifications on legislative acts, decrees and regulations. It should be noted that the above refers only to information open to the public, as distinct from information relating to state or official secrecy and official correspondence.

State institutions intend to open special accounts to which the collected fees will be transferred. State officials will then decide how to spend the money. Interestingly, the government enables officials themselves to set a ‘flexible’ price for particular pieces of information, on the basis of its relevance, urgency and importance. The decree, however, does not provide or suggest any categorization scales, i.e. the size of the fee will exclusively be based on the decision of the government official. After obtaining the payment, officials should process the request and provide the information within seven days.

In light of the precarious situation for independent media and free access to information in Tajikistan even before the decree, representatives of the media are now concerned that things will become even worse. They see the decree as a tool that state officials may use to impede free and prompt access to information by independent media at least in two ways. Firstly, the demanded price could be set too high. Secondly, the requested information may become outdated as officials will have up to seven days to process the request.

Furthermore, experts are concerned over the financial issues that most independent media in Tajikistan would have to face if fees for obtaining information are introduced. As most independent media outlets in Tajikistan have very limited budgets, the decree’s provisions will inevitably bring some of these to bankruptcy. In addition, the media will be impelled to use information from alternative sources that are often less reliable.

The Government justifies the decree by the fact that state bodies need to streamline the process and reimburse all expenses related to providing information. Furthermore, state officials believe that the new regulation will not restrict access to information; on the contrary, it will make the process more open and ordered. For instance, Ministry of Foreign Affairs representative Davlatali Nazriev claims that “the new decree will not affect the media’s access to information in any way”, as the law on media guarantees the right of free access to information to media representatives. Moreover, he emphasized that the provision applies not only to state media, but also to the independent and foreign media accredited in Tajikistan. Nevertheless, Nazriev expressed the opinion that the price for information suggested by the new decree is “quite feasible”.

Human rights advocates, lawyers and journalists emphasize that the decree is in conflict with the Constitution of Tajikistan, which guarantees citizens free access to information. Media representatives also point out that the new decree contradicts the law on media, which guarantees media free access to information from state officials. However, the government has not yet provided any feedback or explanations on these issues.

The Tajik Government has seemingly been looking fervently for any sources of revenue lately. Some experts view this initiative as being in line with other unconventional decisions by the government to replenish the budget. The Parliament earlier approved a decree on levying fees for the use of roads, while the President recently launched a campaign for selling shares in ‘the dream’ Roghun hydropower station to the people of Tajikistan. In light of such initiatives, the decree on charging people and media representatives for obtaining information from state institutions is viewed by many as just another way to draw resources to the state budget. The story will most likely develop further. Regardless of the reasoning behind the state decrees, an average salary in Tajikistan is US$80, and few will be able to afford the services offered.