AZERBAIJAN FALL LEGISLATURE PREVIEW: POTENTIAL

C O N F I D E N T I A L SECTION 01 OF 02 BAKU 001208

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/15/2016
TAGS: PREL PGOV KDEM PHUM AJ
SUBJECT: AZERBAIJAN FALL LEGISLATURE PREVIEW: POTENTIAL
DRAFT LEGISLATION

REF: A)BAKU 1189) B) BAKU 1146 C) BAKU 625

Classified By: CHARGE D'AFFAIRES JASON P. HYLAND PER 1.4(B,D)


1. (C) SUMMARY: Although several weeks remain until the
October 1 start of the fall session of Parliament, Members of
Parliament (MPs) are already full of speculation about
potential upcoming draft legislation. Two new draft laws, on
education and on political parties, are expected to be on the
agenda and already are generating debate. Education reform is
a long-standing need in Azerbaijan, while opposition parties
fear that a new law on political parties - particularly if it
calls for state funding of parties - could strengthen GOAJ
control over the opposition. Other drafts that may come up
include mass media, NGO registration, and Azerbaijan's
long-awaited National Security Strategy. However, due to
Azerbaijan's system of adopting draft laws, it is difficult
to discern if a particular draft has actually been written.
In addition to the substantive legislation, most MPs agree
that a large amount of time will be spent discussing the
GOAJ's budget. The fact that MPs - including committee
leaders from the ruling party - still do not know what will
be covered in the fall session speaks volumes about the role
played by Parliament in Azerbaijan's political life. END
SUMMARY

LAW ON EDUCATION
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2. (C) The potential draft Law on Education is by far the
piece of legislation getting the most buzz in anticipation of
the fall legislative session. In accordance with the Council
of Europe Bologna process, this draft would establish an
accreditation body independent from both the Ministry of
Education and from the universities. It would also change
Azerbaijan's system of graduate work to conform to
international standards - eliminating the extra step of
"aspirantura" that currently exists between Master's and
Doctorate degrees. Ruling party MP - and Rector of the
University of Languages - Samad Seyidov told Poloff that this
draft pushes much-needed educational reform and does not
"play games." Seyidov told PAO that the GOAJ is already
planning steps towards reform, such as the implementation of
a first time western-style system of course credits for the
entire University of Languages and for part of the State
Economic University.


3. (C) Although this draft has a new spin - the Council of
Europe component - educational reform is an issue that
Parliament has been discussing for years. Independent MP
Gultakin Hajiyeva told Poloff that this issue causes the
Azerbaijani public to view Parliament negatively, because MPs
"keep discussing it but cannot come to a decision." She said
that this is a very straightforward issue - that the GOAJ has
committed to the Bologna Process, and must follow through
with its commitment. Azerbaijan's education system is rife
with corruption, which remains the main impediment to
educational reform and, consequentially, to the draft Law on
Education. Over the past few months, the GOAJ has taken steps
in the name of educational reform, such as closing law and
medical faculties in private universities, but critics see
this as another opportunity for the Ministry of Education to
make a profit. Political analyst Rasim Musabeyov told Poloff
that the main voice of opposition to this draft within the
Parliament is that of the President's uncle, MP Jalal Aliyev.
Opposition MP Panah Huseyn confirmed that Aliyev is opposed
to this draft, but said that due to his reportedly ailing
health, Aliyev "might not be around much longer," which would
make the issue "less complicated."

LAW ON POLITICAL PARTIES
--------------


4. (C) The second most talked-about potential draft, the Law
on Political Parties, proposes government funding for
political parties. Under the current system, political
parties do not receive funding from the GOAJ. The draft would
also change the current process of registration for political
parties. Independent MP Asim Mollazade told Poloff that the
GOAJ must financially support political parties to keep them
from falling prey to influence from Russia and Iran. In a
meeting with Poloff, "pocket opposition" MP Iqbal Agazade
(thought to be closely aligned with the GOAJ - see ref a)
agreed that GOAJ financing would help stabilize political
parties, but that the money would create dependency on the
GOAJ, and that new law would unnecessarily complicate the
registration process for political parties. He further stated
that the new law would give the GOAJ greater control over
political parties, and in doing so, would violate the
principles of freedom of assembly. In a separate meeting with
Poloff, "pocket opposition" MP Sabir Rustamkhanli pointed out

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that in most countries, it is normal practice for the
government to fund political parties. He shared his concern,
however, that the new law would give more control to the
GOAJ, which might not follow through with the promise of
funding.

OTHER POTENTIAL LEGISLATION
--------------


5. (C) In conversations with Poloff, several MPs mentioned
the possibility of draft legislation on other topics. Ruling
party MP Malahat Hasanova said that there are gaps in the
current Law on NGO Registration, which Parliament may amend
during the fall session. Hasanova also mentioned that
Parliament may examine the National Security Strategy (still
to be completed by the GOAJ) and the National Military
Doctrine (also pending completion),both key NATO IPAP
requirements. Independent MP Gultakin Hajiyeva agreed, and
told Poloff that there is a "real opportunity" to discuss
this during the fall session because the Speaker of
Parliament, Ogtay Asadov, had indicated to her that he was
interested in doing so. Hajiyeva also said that changes to
the Law on Mass Media may be proposed, an idea independent MP
Asim Mollazade echoed. MP Iqbal Agazade told Poloff that
Parliament may consider changes to Azerbaijan's Election Code
to better conform to international standards, particularly
that of the Council of Europe. Agazade also mentioned the
possibility of a law that would reimburse savings that
Azerbaijanis lost during the Soviet era, a possibility
mentioned by several other MPs. Many MPs also indicated to
Poloff that much time - perhaps up to a month - would be
spent discussing the GOAJ's budget.

AZERBAIJAN'S DRAFT LAW PROCESS
--------------


6. (C) Azerbaijan's system of adopting draft legislation
makes it difficult to discern whether a draft actually exists
or is merely a rumor. Although Parliament has the power to
initiate legislation, most drafts originate in the
President's office. The public is not included in the draft
process; in fact, many of the MPs do not have access to
drafts. A draft is read aloud three times on the floor of
Parliament, and is automatically adopted after the third
reading. Opposition MP Jamil Hasanli told Poloff that MPs
will be given the agenda for the fall session approximately
one week before the session begins. Until that time, no one
is certain what issues will be discussed.It is also common
practice for the agenda to be odified once Parliament is in
session, so it is ifficult to predict what will happen.


COMMENT
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7. (C) The fact that MPs - including ruling party leaders who
serve as commission leaders - are still in the dark about the
fall legislative agenda speaks volumes about the role played
by Parliament in Azerbaijan. Little to no legislation
originates within the Parliament, and the body is generally
viewed as being a weak and ineffective "rubber stamp"
institution - a sentiment echoed by many MPs themselves.
Newly elected Speaker of Parliament Ogtay Asadov says that he
would like to change Parliament's role and sees the new USAID
Parliamentary Assistance Program as a key part of the reform
process.
HYLAND