AMBASSADOR DISCUSSES GOAJ HUMAN RIGHTS ACTION PLAN

C O N F I D E N T I A L SECTION 01 OF 02 BAKU 000861

SIPDIS

SIPDIS

E.O. 12958: DECL: 07/09/2017
TAGS: PGOV PREL PHUM KDEM AJ
SUBJECT: AMBASSADOR DISCUSSES GOAJ HUMAN RIGHTS ACTION PLAN
WITH OMBUDSWOMAN ELMIRA SULEYMANOVA


Classified By: A/DCM Jonathan Henick per 1.4 (b,d).



1. (C) SUMMARY: During a July 2 call on GOAJ Human Rights
Ombudswoman Elmira Suleymanova, the Ambassador conveyed the
Embassy's suggestions on the GOAJ's human rights action plan,
urging the GOAJ to create issue-specific working groups and
adopt concrete, measurable goals. Suleymanova said she
welcomed U.S. views, and briefed the Ambassador on
implementation of the plan, which has focused on: improving
legislation; cooperating with international human rights
organizations; protecting the rights of different social
groups, such as children and minorities; improving the GOAJ's
efforts to protect human rights; and human rights education
and research. Noting U.S. concern on the deteriorating media
freedom situation, the Ambassador pressed the Ombudswoman to
engage more actively on media issues, including visiting the
imprisoned journalists and urging the GOAJ to rigorously
investigate cases of physical attacks on journalists. The
Ambassador inquired about Suleymanova's efforts regarding
detained former Minister of Economic Development Farhad
Aliyev's detention, to which Suleymanova replied that she had
visited him, and then referred the matter to the Prosecutor
General's Office. END SUMMARY.

HUMAN RIGHTS ACTION PLAN
--------------


2. (C) In a July 2 call on GOAJ Human Rights Ombudswoman
Elmira Suleymanova, the Ambassador highlighted the priorities
in the bilateral relationship: global security and the War
on Terror; energy security; and democratization through
political and economic reform. She briefed Suleymanova on
the high-level bilateral democracy and human rights dialogue,
and outlined the five key pillars of democracy, noting that
the U.S. is actively engaged in Azerbaijan in each of these
areas diplomatically and programatically: rule of law;
political process; respect for human rights; media freedom;
and an engaged, empowered, educated citizenry. The
Ambassador said that the GOAJ's Human Rights Action Plan,
made public by Presidential decree on December 28, 2006, is
an important development in the GOAJ's efforts to promote
respect for human rights. She noted that Presidential Chief
of Staff Ramiz Mehdiyev invited the U.S. to further engage
with the GOAJ on the action plan, and had said that
Suleymanova would be the point person in the plan's
implementation.


3. (C) Pointing out that the action plan is very broad and
should be more specific, the Ambassador recommended that the
GOAJ create small working groups on specific topics, in which
the international community and civil society should also be
included. Suggested topics included: media freedom; freedom
of assembly; religious freedom; electoral reform; judicial
reform; police reform; prison reform; economic reform;
minorities' rights; women's and children's rights;
cooperation with civil society; and civic education. The
Ambassador told Suleymanova that the international community
has already organized its own working groups on some of the
aforementioned topics, including legal reform and trafficking
in persons, which could offer guidance to the GOAJ's working
groups. In addition to the creation of small working groups,
the Ambassador recommended that these groups develop
specific, measurable objectives to implement the action
plan's overarching goals and noted that it was important for
the GOAJ to publish a periodic report on its progress in
implementing the action plan. Further, she committed to
encourage the international community to pledge technical
assistance to support implementation of the Action Plan.


4. (C) The Ombudswoman said she was pleased to hear the
Embassy's recommendations for implementation of the action
plan. She confirmed that her office would be responsible for
implementing the plan, and noted that developing such a plan
had been her idea in the first place, although the
President's office wrote some of it. Suleymanova briefed the
Ambassador on her work, noting that although the office of
the Ombudsman is independent, it reports annually to
Parliament. In the five years she has already served of her
seven-year term, Suleymanova said she has traveled through
the regions to conduct conferences, published and reprinted
many books and pamphlets on human rights, and pursued
cooperation with international organizations, including
Ombudsmen from other countries. She has organized
discussions including GOAJ representatives, international
organizations, NGOs, and media representatives, focusing on
topics like children's rights, soldier's rights, torture, and
corruption. While trying to integrate her staff into GOAJ
structures to act as advisors, Suleymanova said that she
"works with the government, not for the government." The
Ambassador noted that independence of the office is critical.


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5. (C) Suleymanova said that her office has already began
implementation of the action plan. She said she had planned
to create working groups from the relevant GOAJ bodies but
that these groups would be centered on the phases outlined in
the action plan: improving legislation; cooperating with
international human rights organizations; protecting the
rights of different social groups, such as children and
minorities; improving the GOAJ's efforts to protect human
rights; and human rights education and research. Suleymanova
said that NGOs will be included in the groups as well, and
noted that her office has already been in contact with Aydin
Karimov, the head of an independent legal-scientific NGO, to
explored possible coordination.

MEDIA FREEDOM
--------------


6. (C) The Ambassador raised U.S. concerns with Azerbaijan's
deteriorating media freedom situation, urging Suleymanova to
raise the cases of violence committed against journalists in
her dialogue with the GOAJ. Suleymanova said that
representatives from her office have visited the jailed
journalists, and that she has raised her concerns in letters
to the Prosecutor General's Office. She also said that she
has sent a letter to the Ministry of Internal Affairs, urging
the Ministry to investigate the cases of violence against
journalists. Referring to the volume of libel cases against
journalists, Suleymanova said that the main problem is
explaining to Azerbaijanis where one person's rights end and
another's begin.

FARHAD ALIYEV
--------------


7. (C) Noting the importance of fair and transparent conduct
of trials, the Ambassador conveyed our concern that jailed
former Minister of Economic Development Farhad Aliyev's
family has not been permitted to visit him in prison. The
Ombudswoman said that she has met with Aliyev several times
to discuss his rights. She also said that she has raised her
concerns regarding his family's visitation rights in a letter
to the Prosecutor General. The Ambassador said she
understands that the Ombudswoman's role is not to interfere
in the investigation process, but that everyone has the right
to a fair and free trial in accordance with due process.

COMMENT
--------------


8. (C) The Ombudswoman has a very negative reputation among
Azerbaijan's human rights activists, who believe that she is
working directly for the GOAJ, and that she is not active
enough. In meetings, Suleymanova is cordial but quick to
interrupt, change the topic, or obfuscate when pressed on
hard issues. Although the GOAJ's Human Rights Action Plan is
quite broad, we believe that we can work with the GOAJ to
improve and implement it, and Suleymanova seems to have the
right attitude in approaching it. We will continue to engage
with the Ombudswoman on our human rights concerns, and on
implementation of the action plan.
LU