US-AZERBAIJAN DEMOCRACY AND HUMAN RIGHTS

C O N F I D E N T I A L SECTION 01 OF 04 STATE 118576 SIPDIS SIPDIS 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) -------------- SUMMARY -------------- ¶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 SIPDIS 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 -------------- OPENING REMARKS -------------- ¶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. -------------- MEDIA FREEDOM -------------- ¶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 STATE 00118576 002 OF 004 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? -------------- HUMAN RIGHTS -------------- ¶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. -------------- CIVIL SOCIETY -------------- ¶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. STATE 00118576 003 OF 004 ¶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. -------------- DEMOCRATIC ELECTIONS -------------- ¶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. -------------- RULE OF LAW -------------- ¶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.) -------------- CLOSING REMARKS -------------- ¶13. (SBU) Assistant Secretaries Lowenkron and Fried and FM STATE 00118576 004 OF 004 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. -------------- -------------- POST-DVC COMMENTS BY AMB. ALIYEV -------------- -------------- ¶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 SIPDIS 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