US-AZERBAIJAN DEMOCRACY AND HUMAN RIGHTS

C O N F I D E N T I A L SECTION 01 OF 04 STATE 118576

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E.O. 12958: DECL: 08/03/2017
TAGS: AJ KDEM PGOV PHUM PREL
SUBJECT: US-AZERBAIJAN DEMOCRACY AND HUMAN RIGHTS
DIALOGUE: THIRD ROUND

REF: STATE 073184

Classified By: DRL/AE:Lisa Heller, Acting, Reasons 1.4 (B,D)

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SUMMARY
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1. (C) As part of the high-level democracy dialogue between
the USG and the GOAJ, in an August 3 DVC, DRL Assistant
Secretary Lowenkron, EUR Assistant Secretary Fried, and

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Foreign Minister Mammadyarov discussed media freedom, human
rights, civil society, democratic elections, and rule of law
in Azerbaijan. FM Mammadyarov did not agree with the USG,s
assessment of Azerbaijan,s media situation, blaming the
problems on journalists, unprofessional, unethical behavior.
However, he agreed to consider developing an alternative
mechanism to resolve libel cases (on which he welcomed
Embassy assistance),and proposed a scholarship program that
would allow Azerbaijani journalists to study in the U.S. A/S
Lowenkron noted the importance of democratic conduct of
Azerbaijan,s 2008 presidential election; Mammadyarov said
that the GOAJ wants to have "good" elections, although he had
no question regarding the outcome. Referring to the GOAJ,s
ongoing dialogue with the Council of Europe regarding changes
to the electoral code, the FM said the toughest issue remains
the composition of the Central Election Commission.
Mammadyarov noted his frustration over the unresolved issue
of accreditation and taxation of the Embassy,s local staff,
to which CDA Lu responded that the Embassy has agreed to
accredit its staff and was working with lawyers to resolve
the issue quickly. The Embassy will follow up with the MFA
on the Election Monitoring Center,s registration and the
criteria and importance of an independent bar association.
The Department will follow up with Amb. Aliyev regarding his
post-DVC recommendations, including his request for a paper
on an independent bar association and proposal to bring
Azerbaijani police to observe freedom of assembly in the U.S
. END SUMMARY

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OPENING REMARKS
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2. (SBU) In an August 3 DVC, the USG and the GOAJ conducted
the third round of the high-level democracy and human rights
dialogue, following the second round in March (reftel). In
brief opening remarks, A/S Lowenkron, A/S Fried, and FM
Mammadyarov expressed their support for the democracy and
human rights dialogue. A/S Lowenkron explained that he
considered the DVC to be a bridge to the GOAJ,s future
discussions with his successor. A/S Fried noted that
democratic reform is one of several pillars of the bilateral
relationship, and that he looked forward to working with A/S
Lowenkron,s successor. The FM expressed his appreciation
for continued USG support for Azerbaijan,s democratic
development. Assistant Secretaries Lowenkron and Fried were
accompanied in Washington by DRL, EUR, and USAID staff, and
in Baku, by DAS Bryza, Embassy Baku Charge Lu, and Embassy
Poloff. The Foreign Minister was accompanied in Baku by the
MFA,s Alimirzamin Askerov, head of the Department of Human
Rights, Democratization and Humanitarian Problems; Khazar
Ibrahim, head of the Department of Information Policy and
Mass Media; Utarida Huseynova, First Secretary, First
Regional Department, American Desk; Hamid Nasibov and Shafa
Gardashova, attaches in the Department of Human Rights,
Democratization and Humanitarian Problems; and in Washington,
by Ambassador Aliyev.

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MEDIA FREEDOM
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3. (C) A/S Lowenkron began by stating that media freedom
remains the USG,s greatest concern regarding Azerbaijan,s
democratic development. The situation is not getting any
better, and is also of concern to Congress and to the
international NGO community. Current trends - including the
use of criminal libel laws, arrests of journalists, and
closure of several media outlets - indicate that Azerbaijan
is not headed in the right direction. FM Mammadyarov
responded that he could not agree with A/S Lowenkron,s
assessment. He urged A/S Lowenkron not to take the media
situation out of the context of Azerbaijan,s overall
development. Specifically, he noted that during the Soviet
era there had been no school for journalists. Mammadyarov
blamed the media situation on journalists, lack of
professionalism and ethics, claiming that "no one can blame
the government" because libel suits were filed primarily by

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individuals rather than GOAJ officials. (Comment: Many
libel suits have, in fact, been filed by GOAJ officials,
including Minister of Internal Affairs Ramil Usubov, Chair of
the State Committee for Azerbaijanis Living Abroad Nazim
Ibrahimov, and Member of Parliament and the President,s
uncle Jalal Aliyev. End comment.) He reported that of the
eight journalists currently in prison, the most recent one
was arrested for having attempted to blackmail a senior GOAJ
official. The GOAJ would appreciate technical assistance
from the USG in establishing scholarships in the U.S. to
create a professional cadre of journalists; the FM noted that
he would propose similar scholarship programs to OSCE and EU
officials.


4. (C) A/S Lowenkron replied that this is not an either/or
situation. The USG can help by training journalists, but the
GOAJ should not fear journalists. He sees a pattern that
will cause a problem for the bilateral relationship,
including on the Hill. The FM responded that the GOAJ does
not take any action to please the Hill; rather, he said, even
if GOAJ officials behaved &like angels,8 they would still
be criticized by Congress because of the strong influence of
the Armenian lobby. He said that he opposed releasing the
imprisoned journalists, claiming it would worsen the
situation by "sending the wrong signal" to its citizens that
the GOAJ "caved" to international pressure. Instead, we
should focus on training and education to help journalists to
become more responsible. Mammadyarov noted that the
journalists "must be responsible" or they would "face
punishment." A/S Fried responded to FM Mammadyarov,s stated
interest in training by reporting that the USG is supporting
a training program implemented by the International Center
for Journalists (ICFJ) and is preparing to support a new
American-Azerbaijan journalism academy. He stressed that the
USG is interested in a strong Azerbaijan with strong
democratic institutions, noting that our definition of
strength differs from Vladimir Putin,s, a comment that the
FM appreciated.


5. (C) Reiterating that in Azerbaijan, people "don,t know
how to do journalism," the FM stated that the GOAJ was
considering opening a small journalism school, perhaps under
the auspices of the GOAJ,s Diplomatic Academy. He noted
that, in addition to diplomats, the Diplomatic Academy is
open to entry- and mid-level officials from other ministries.
In response to A/S Fried,s offer of training to help
journalists develop a financial basis for independence, the
FM requested more details. Charge Lu said that an
alternative dispute resolution mechanism would help keep
journalists out of jail, and offered the Embassy,s technical
or financial assistance. He observed that in some European
countries, criminal libel laws remain on the books but are
not used due to the existence of other ways to resolve the
issue. FM Mammadyarov expressed openness to receiving
assistance from the Embassy, but noted that "we live in a
different world" than Europe, and therefore Azerbaijan "needs
time" to be compared to European countries. According to the
FM, the major difference is mentality, stating as an example
that when Azerbaijani journalists were ordered by the courts
to pay fines rather than sent to jail, they did not pay these
fines. What then, Mammadyarov asked, should the GOAJ do?

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HUMAN RIGHTS
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6. (SBU) A/S Lowenkron turned to the status of the national
action plan for human rights announced by the GOAJ in
December 2006. FM Mammadyarov reported that the GOAJ formed
a special task force on the national action plan on May 25.
Human Rights Ombudswoman Elmira Suleymanova has been
designated to supervise the task force, while Presidential
Chief of Staff Ramiz Mehdiyev will be the GOAJ,s point
person for the plan,s implementation. The GOAJ will share
the work plan once it is ready; currently, the plan is to
divide the task force into small working groups. In
addition, the President recently issued a decree allocating
state funding for NGOs.

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CIVIL SOCIETY
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7. (C) In response to A/S Lowenkron,s inquiry about the
GOAJ,s views of the Democracy Council (a nascent coalition
of democracy and human rights NGOs),the FM had discussed
with the President the need for more frequent Council
meetings. Such meetings should form the basis of discussions
in society. The FM did not know whether Ramiz Mehdiyev
shares his views, but he said it is important that in
discussion between NGOs and the GOAJ, there is no topic
forbidden to discuss.


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8. (SBU) A/S Lowenkron noted U.S. concerns on NGO
registration, and asked why the Election Monitoring Center
has been denied registration, most recently in early July.
The FM said that he was not aware of the situation, and asked
the Embassy to provide the MFA with relevant information.

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DEMOCRATIC ELECTIONS
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9. (SBU) Turning to the 2008 presidential election, A/S
Lowenkron noted that it will be an opportunity for the GOAJ
to demonstrate the country,s commitment to democratic
development and asked how the USG could help. A/S Fried
pointed out the proximity of Azerbaijan,s election to the
presidential election in the U.S., to which Mammadyarov
jokingly responded &you focus on your election, we,ll focus
on ours!8 The FM stated that the GOAJ,s goal is to have a
&good8 election, and said that he had &no doubts8 who
will lead the country in 2009. He noted that the GOAJ is
working with the Council of Europe,s Venice Commission to
modify the electoral code, and said that the structure of the
Central Election Commission remains the toughest issue.
Mammadyarov does not believe the Commission will work if it
is comprised of equally-represented political parties,
because of Azerbaijan,s &unique8 situation. He said that
Parliamentary Chief of Staff Safa Mirzoyev will travel to the
U.S. at an undisclosed date, and would discuss the
composition question further with the Department at that time.

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RULE OF LAW
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10. (C) Mammadyarov complained that in the three years he has
been Foreign Minister, he has been unable to resolve the U.S.
Embassy,s foreign service nationals (FSNs) accreditation and
taxation discrepancy. &They do not want to pay taxes,8
Mammadyarov said, which he cited as an example of the
&uniqueness8 of Azerbaijan to which he has repeatedly
referred. CDA Lu reported that the USG has agreed to
accredit the FSNs, and that the Embassy is currently working
with its lawyers to accomplish this quickly. A/S Fried
underlined that we understood the importance to the GOAJ of
resolving this issue expeditiously, while at the same time,
he reinforced the importance of working steadily and
carefully to resolve it in accordance with both national and
international law. (Comment: In a post-DVC conversation
with DAS Bryza and CDA Lu, Mammadyarov said that the tax
police have threatened to arrest the Embassy,s FSNs, to
which he claimed to have responded by asking for an
additional month to resolve the problem. If the Embassy,s
FSNs are arrested, Mammadyarov asked, "what can I do?" End
comment.)


11. (C) The FM stated that the question of appointment of the
55 judges who had passed the 2005 judicial exam (an exam that
has been commended as meeting international standards) is now
closed, as the judges recently were appointed. A/S Lowenkron
congratulated Mammadyarov on this development, noting that it
demonstrated the GOAJ,s commitment to deepening and
strengthening rule of law. (Comment: After the DVC, Amb.
Aliyev told DRL that the FM had expended considerable time
pressing for the appointment of these judges since the March
session of the dialogue. End comment.) In addition, the FM
reported that the GOAJ has agreed to allow the OSCE to open a
regional office in Ganja, Azerbaijan,s second largest city,
after the successful pilot project in another city,
Mingechevir.


12. (SBU) A/S Lowenkron turned to the importance of creating
an independent bar association. In response, the FM reported
the results of the bar exam: he said that on March 4, 400
individuals had taken a written examination, of which 299
passed; these 299 then went through an oral interview
process, of which 214 passed. Mammadyarov said that these
214 lawyers will be sworn-in in August and then become
practicing members of the bar association. In response to
A/S Lowenkron,s question, the FM said he thought the current
system is an independent bar association. When asked by A/S
Fried what he thinks an independent bar association is, the
FM replied that it is the lawyers who defend detainees, and
act in opposition to the prosecutor,s office. A/S Fried
replied that he would like to discuss this further in the
future. (Comment: There is clearly confusion on this issue;
Embassy Baku will follow-up with Mammadyarov to ensure that
he understands the essence of an independent bar association.
End comment.)

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CLOSING REMARKS
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13. (SBU) Assistant Secretaries Lowenkron and Fried and FM

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Mammadyarov agreed on the importance of this dialogue
continuing after A/S Lowenkron,s departure from the
Department. All agreed to release a short statement to the
press, reporting that the meeting had occurred, that it was
part of an ongoing dialogue, and that the democracy and human
rights dialogue is one element of the bilateral relationship.

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POST-DVC COMMENTS BY AMB. ALIYEV
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14. (C) In a post-DVC discussion with DRL/AE Silverman, Amb.
Aliyev acknowledged that the FM,s comments on an independent
bar association had been unsatisfying for the USG and
requested a paper on the role and importance of independent
bar associations, in order to follow up. He asked for
examples of countries in which the USG has provided technical
assistance in support of the financial independence of media
outlets; proposed a USG program bringing Azerbaijani police
to observe how U.S. police (both chiefs and officers) handle
large crowds and demonstrations (noting that Houston and Baku
are sister cities); and reiterated the importance of bringing
Parliamentary Chief of Staff Safa Mirzoyev together with
"conservative" members of the executive branch to Washington
to observe how Congress works, especially how Congress
responds to constituent requests. In response to FM
Mammadyarov,s emphasis on Azerbaijanis, Soviet legacy
during the DVC, Amb. Aliyev suggested reminding him of the
GOAJ,s commitment to Euro-Atlantic integration. He proposed
that in a future session of the democracy and human rights
dialogue, it would be useful to hold sectoral discussions in
which other officials (e.g. law enforcement officials or
judges) would participate. He commended Assistant
Secretaries Lowenkron and Fried for doing a "great job" in

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pressing important issues in the DVC while being respectful,
contrasting their approach to the Hill,s, which he believes
is using ineffective tactics to raise valid concerns.


15. (U) Embassy Baku has cleared this message.
RICE