DAS BRYZA PROMOTES DEMOCRACY AGENDA WITH FM

C O N F I D E N T I A L BAKU 000280

SIPDIS

SIPDIS

E.O. 12958: DECL: 03/26/2018
TAGS: PHUM PGOV PREL KDEM AR GA AJ
SUBJECT: DAS BRYZA PROMOTES DEMOCRACY AGENDA WITH FM
MAMMADYAROV AND CHIEF OF STAFF MEHDIYEV

REF: BAKU 231

Classified By: AMBASSADOR ANNE E. DERSE PER 1.4(B,D).


1. (C) SUMMARY: In separate March 4-5 meetings with Foreign
Minister Elmar Mammadyarov and Presidential Chief of Staff
Ramiz Mehdiyev, EUR/DAS Bryza reviewed election assistance
and the issue of our bilateral democracy dialogue agenda with
Azerbaijan, underscoring the importance of democratic reform
to the overall bilateral relationship. Both Mammadyarov and
Mehdiyev affirmed the GOAJ's intention to conduct a free and
fair presidential election. Commenting on the post-election
situation in Armenia, Mammadyarov and Mehdiyev criticized the
perceived imbalance in U.S. reaction to human rights
violations in Armenia versus Azerbaijan. Mammadyarov and
Mehdiyev both argued that real change in Azerbaijan's media
environment would require time and greater professionalism on
the part of journalists. Mehdiyev underscored that
Azerbaijan looks for a truly objective U.S. assessment of the
2008 election. Continued discussions of the elements the
U.S. will consider as we assess the conduct of the election
will be needed to help assuage GOAJ concerns that Azerbaijan
is being held to a higher standard than its neighbors.
During the meeting with Mammadyarov, Deputy Foreign Minister
Araz Azimov inquired about the wording related to
Nagorno-Karabakh in the 2007 Human Rights Report, cautioning
that "people are watching" to ensure the language clearly
reflected that Nagorno-Karabakh and the surrounding
territories belonged to Azerbaijan. END SUMMARY

FOREIGN MINISTER ELMAR MAMMADYAROV ON ELECTIONS
-------------- --


2. (C) On March 4 DAS Bryza and Foreign Minister (FM) Elmar
Mammadyarov conducted the fifth session of the bilateral
democracy dialogue. After a brief discussion on the
post-election situation in Armenia, Mammadyarov opened by
noting the need for the USG to establish a similar democracy
dialogue with Georgia and Armenia, "particularly on
elections." DAS Bryza assured the FM that the USG has an
ongoing, active discussion with both states on democracy.
Turning to Azerbaijan's October presidential election,
Mammadyarov said that Azerbaijan would abide by its
international commitments, including those with the UN, the
OSCE, and the Council of Europe (COE). The U.S. wants
Azerbaijan to accelerate reforms per these commitments, he
continued, while Azerbaijan prefers to maintain its
"step-by-step" pace. Mammadyarov said the election
environment would be different than in past elections, when
there were "thousands in the streets, not hundreds."


3. (C) Ambassador Derse reviewed for the FM U.S. election
assistance plans, noting that the USG would spend
approximately $3 million in assistance, about $2.5 million in
ongoing assistance, and $500,000 in new programs. She
highlighted U.S. plans to fund parallel vote tabulation at
polling stations rather than exit polls as in past years.
The FM expressed frustration regarding exit polls in past
years, noting that the GOAJ had "bad experience in the past"
with polls conducted by U.S. companies. While the exit polls
confirmed the GOAJ's official results, he said, the OSCE's
report still criticized the conduct of the election. The
Ambassador assured the FM that the U.S. assessment of the
conduct of October's election will be objective and
transparent, and that the U.S. would be open with the GOAJ
about its evaluation criteria. She also outlined U.S. plans
to fund an observation mission by the European Network of
Election Monitoring Organizations, and to conduct a police
training program in conjunction with the OSCE, to encourage
peaceful crowd control.


4. (C) Mammadyarov complained about the international
community's assessment of recent elections in Georgia and
Armenia, noting his concern that the U.S. should take a
transparent, impartial approach with Azerbaijan, Georgia, and
Armenia. He emphasized that the GOAJ always is ready to
cooperate with the U.S., the OSCE, and the COE. "We consider
the U.S. a strategic partner, so we accept some criticism
from you." Deputy Foreign Minister (DFM) Araz Azimov noted
that the GOAJ also criticizes the U.S.; Mammadyarov jokingly
added that the U.S. presidential election should also be on
the democracy dialogue agenda, and that perhaps Azerbaijani
observers should monitor the U.S. election. Bryza strongly
welcomed the suggestion.

MEDIA FREEDOM

--------------


5. (C) Mammadyarov said that the current state of media
freedom is much better in Azerbaijan than in Russia, Georgia
and Armenia; "We don't ban TV or newspapers, and we don't
censor the internet. This makes our commitments and
intentions clear." Noting that "some ideas work in the U.S.,
not our part of the world," Mammadyarov said Washington
should be more understanding of Azerbaijan when it comes to
media freedom. "Change takes time," he said, "but the
process will continue." DAS Bryza noted Mammadyarov's
concern, and emphasized that the purpose of the bilateral
democracy dialogue was to encourage early progress on issues
that could have a concrete, positive impact on Azerbaijan's
democratization. He also noted that journalists had not
suffered the same degree of physical threats - including
murder - in Georgia as had been the case in Azerbaijan.


6. (C) The FM referenced the case of Ilgar Nasibov, a
Nakhchivan-based correspondent for Radio Free Europe/Radio
Liberty, who was arrested in November. According to
Mammadyarov, he and President Aliyev were out of town when
Nasibov was arrested; he said that Nakhchivani authorities
had understood Nasibov's affiliation to be with opposition
Azadliq newspaper, and that he would not have been arrested
if they correctly had understood he worked for Radio Free
Europe/Radio Liberty. This was a case of local authorities
making a "stupid" mistake and trying to be "holier than the
Pope." Mammadyarov noted the need for greater education on
media freedom, and said the GOAJ would continue working with
the OSCE to hold conferences and seminars. "The OSCE is
doing a good job," he said, in part because its Ambassador
understood the need to include all sides at the table, which
he characterized as the "radical" and "constructive"
opposition -- specifically referring to Azerbaijan Democratic
Reforms Party Chair Asim Mollazade in the latter category.


7. (C) Mammadyarov emphasized that "ethical issues" made the
GOAJ's approach to the media "sometimes tricky." He said
that the harshest criticism in the local press is against
President Aliyev, and chuckling, added that during their
April 2006 meeting at the White House, President Bush said to
President Aliyev "So the press is criticizing you, they're
killing me!" The FM criticized the U.S. approach of raising
individual media cases, complaining that while the U.S.
promotes the rule of law, it also "asks us to interfere,"
citing as example the case of now-jailed Azadliq newspaper
Editor-In-Chief Ganimat Zahid, who he said was a "criminal,"
evidenced by the charges of hooliganism. He also referenced
the Chap Evi printing house tax audit, on which he said the
Embassy was "calling every day." The Ambassador noted that
the U.S. raises individual cases against the backdrop of
apparent pressure on the independent and opposition media.
She underscored the need for an alternative conflict dispute
resolution mechanism for libel cases.


8. (C) The FM noted the GOAJ's steps to address the media
freedom situation, specifically President Aliyev's December
pardon of five imprisoned journalists, and stated that he
personally was against the release of imprisoned journalists.
"It's dangerous for society," he explained; "journalists
become untouchables." Mammadyarov complained that
journalists do not pay fines imposed upon them in courts,
leaving only criminal forms of legal redress. On a positive
note, he thanked the U.S. for its work training Azerbaijani
journalists, noting that such training was important for the
long-term development of a free media environment. The
Ambassador stated that the U.S. would remain committed to
continuing such training programs, but that the GOAJ has an
affirmative responsibility to create the conditions necessary
for a free media to thrive.

BROADER DEMOCRACY AND HUMAN RIGHTS ISSUES
--------------


9. (C) Mammadyarov said that the new draft law on freedom of
assembly soon would be discussed in Parliament, and that if
the current draft is adopted, it will be in accordance with
Venice Commission standards. He noted that the Venice
Commission dialogue on the electoral code was ongoing, and
promised to have his staff send the Embassy written updates
on this point and all others marked "Azerbaijan lead" on the
democracy dialogue agenda. (NOTE: One of the FM's staff
members followed up with Poloff, noting that the response is
being compiled; he also requested that the U.S. pass a
written summary of planned election assistance activities and

recommendations for an alternative conflict resolution
mechanism to the ministry. The Embassy will send a summary
of planned election assistance once final funding decisions
have been made, and will re-send recommendations for the
resolution mechanism as passed in November.)


10. (C) The Ambassador raised religious freedom, noting that
Azerbaijan has a strong history of religious tolerance, and
that the U.S. did not want to see that erode. She expressed
concern over reports of increased pressure on non-traditional
religious groups. The Ambassador thanked the GOAJ for its
efforts in registering the Election Monitoring Center. DFM
Azimov proposed that the GOAJ compile a list of positive
developments on the democracy front, noting that the U.S. was
quick to criticize but did not react sufficiently to positive
developments. If that's the case, he asked, why should the
government care? The FM agreed, and referenced the
Department's statement on Ganimat Zahid's case as evidence of
quick criticism. DFM Azimov also noted the need for the U.S.
to make balanced statements on Azerbaijan and Armenia.

AND THE NAGORNO-KARABAKH CONFLICT
--------------


11. (C) The DFM inquired as to the language related to the
Nagorno-Karabakh conflict in the 2007 Human Rights Report.
DAS Bryza assured the DFM that the report clearly refers to
Nagorno-Karabakh and the seven surrounding regions as
Azerbaijani territory. The DFM cautioned that the GOAJ
"cannot tolerate uncertainty, vagueness, or ambiguity on
this. It runs counter to our interests." DAS Bryza
emphasized U.S. support for Azerbaijan's territorial
integrity and the need for a peaceful, negotiated solution to
the conflict, stating that "there's no other possible
course." Mammadyarov responded that the peace process
started in 1999, "and now we are tired." In light of
Kosovo's independence, the FM noted the need for a paper
stating clearly that the Nagorno-Karabakh conflict will be
resolved on the basis of territorial integrity. DFM Azimov
reiterated that "people are watching" the U.S. language on
the conflict, and if there were to be a change similar to the
post-publication changes to the 2006 Human Rights Report,
there would be suspicion regarding U.S. participation in the
OSCE Minsk Group process -- both in Baku and Yerevan. The
language must indicate that Nagorno-Karabakh and the
surrounding territories belong to Azerbaijan, Azimov
concluded. Bryza reiterated U.S. support for Azerbaijan's
territorial integrity, but held that the status of
Nagorno-Karabakh is a subject for negotiations, as both FM
Mammadyarov and DFM Azimov well understood from their
leadership of Azerbaijan's Minsk Group negotiations.

PRESIDENTIAL CHIEF OF STAFF RAMIZ MEHDIYEV
--------------


12. (C) In a March 5 meeting, Presidential Chief of Staff
Ramiz Mehdiyev told DAS Bryza that the GOAJ seeks to hold a
presidential election that is in line with international
standards and has developed a comprehensive action plan to
support this goal. Mehdiyev noted that he had a good
discussion with Ambassador Derse regarding the elements the
U.S. would consider in evaluating the conduct of Azerbaijan's
October presidential election, as well as of planned U.S.
election-related assistance (reftel). The key point,
Mehdiyev said, is that Azerbaijan wants a truly objective
evaluation of its election. Azerbaijan was "not satisfied"
with the assessments of previous elections; "I always felt
there were political instructions for OSCE reports," Mehdiyev
said.


13. (C) Mehdiyev argued that Azerbaijan, relative to Georgia
and Armenia, was unfairly singled out for criticism by
OSCE/ODIHR. Mehdiyev was particularly exercised about
alleged fraud in Armenia's February 19 election, stating that
the Armenian government's closure of 34 precincts should have
changed the outcome of the election yet the OSCE determined
that the election was "mostly in line with international
standards." "Why is the West sleeping (about events in
Armenia)," Mehdiyev asked, when "any small action in
Azerbaijan results in a torrent of criticism?"


14. (C) After cataloging numerous alleged Armenian election
irregularities, Mehdiyev assured Bryza that similar events
would not happen in Azerbaijan. The GOAJ seeks to maintain
stability in order to increase Azerbaijan's political and
economic development. "We will be able to hold free and fair

elections," Mehdiyev said. He pledged to work with the
Ambassador to ensure that the Embassy has "only good news to
pass to Washington. Azerbaijan will be a model of good
elections in the Caucasus."


15. (C) Bryza welcomed Mehdiyev's assurances, noting that he
sensed a change in attitude toward the election, not just
from government officials but from political party leaders
and NGO activists as well. DAS Bryza said that GOAJ steps to
improve the election environment were important, as they
would increase the transparency of the process and the
international community's ability to fairly evaluate
Azerbaijan's election. The U.S. is preparing new assistance
-- a Parallel Vote Tabulation and observation mission by the
European Network of Election Monitoring Organizations -- that
will help strengthen the legitimacy of Azerbaijan's electoral
process. DAS Bryza emphasized that the United States'
strategic interests in Azerbaijan would be strengthened by
free and fair elections in Azerbaijan, as strong democracies
make the strongest partners.


16. (C) DAS Bryza urged Mehdiyev to continue working to
improve Azerbaijan's media environment. Media freedom is an
important measurement of each country's democratic
development, and the U.S. wants to help expand the space
available for independent, professional media to develop in
Azerbaijan. Journalists in Azerbaijan should have the
ability to speak openly and without fear of retribution of
criminal cases or violence; at the same time, they must
improve their professionalism.


17. (C) Mehdiyev responded that this is a "complicated
issue;" as a U.S.-funded media monitoring project recently
publicized, opposition newspaper Yeni Musavat was rated as
Azerbaijan's least objective newspaper because it publishes
"groundless, insulting information." Mehdiyev said that
independent Ayna/Zerkalo Editor-in-Chief Elchin Shikhli now
fears retribution from opposition journalists who "blame" him
for criticizing their work. Mehdiyev said the GOAJ has
conducted its own studies and concluded that very few
journalists possess formal training or qualifications;
moreover, Mehdiyev continued, prominent journalists such as
Shikhli acknowledge that newspapers are a business and need
to print scandalous articles in order to sell papers. The
U.S. is right to train journalists, Mehdiyev said, but it is
not enough. Mehdiyev rejected international organizations'
criticisms of the media environment in Azerbaijan, arguing
that the authorities do not exert any pressure on opposition
media outlets. "They can print anything they want," he said.
"They're not under real pressure; they simply don't have any
other channels to vent their hatred of the authorities."


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


18. (C) Bryza's democracy discussions were especially timely,
as the Embassy - in close coordination with Washington - is
beginning serious discussions with the GOAJ on the steps
needed to ensure Azerbaijan's October presidential election
is conducted in a free, fair and transparent manner. So far,
the GOAJ has welcomed these discussions and indicated that it
shares our goal of strengthening Azerbaijan's democratic
process. These discussions are taking place against the
backdrop of increasing GOAJ frustration with what it views as
double standards in the international community's assessment
of elections and democratic development in neighboring
Georgia and Armenia. Continued, clear discussions of the
elements the U.S. will consider as we assess the conduct of
the election will be needed to help assuage GOAJ concerns
that Azerbaijan is being held to a higher standard than its
neighbors.


19. (U) DAS Bryza has cleared this message.
DERSE