DEMOCRACY AND HUMAN RIGHTS DIALOGUE

C O N F I D E N T I A L BAKU 000658 SIPDIS E.O. 12958: DECL: 07/02/2018 TAGS: PREL PGOV PHUM KDEM KJUS KIRF PBTS AJ SUBJECT: DEMOCRACY AND HUMAN RIGHTS DIALOGUE REF: A. BAKU 524 ¶B. BAKU 557 Classified By: Ambassador Anne E. Derse per 1.4 (b,d). ¶1. (C) Summary: DRL A/S Kramer and Foreign Minister Mammadaryov conducted the fourth round of the DRL-led U.S.-Azerbaijan Democracy and Human Rights Dialogue on June 27 in Baku. Mammadyarov defended Azerbaijan's recent electoral changes as in keeping with European standards and agreed that implementation would be key. He also said U.S. election assistance was important to help change Azerbaijan's lingering Soviet mentality. At Kramer's urging, Mammadyarov promised to look into the re-registration of the U.S.-funded Election Monitoring Center. Mammadyarov noted that President Aliyev had publicly pledged to invite international observers for Azerbaijan's October presidential election and agreed to issue a new MFA statement highlighting this pledge. Kramer urged the GOAJ to send a strong signal of its commitment to media freedom by releasing three jailed journalists, issuing a statement condemning violence against journalists, and decriminalizing libel; he also urged the GOAJ to allow Azadliq reporter Agil Khalil to leave the country and to investigate the beating of IRFS Director Emin Huseynov. Mammadyarov promised to write to the State Committee on Works with Religious Authorities regarding pressure against nontraditional religious groups, and to State Anti-Corruption Commission Chair Ramiz Mehdiyev regarding implementation of the GOAJ's anti-corruption plan; his staff subsequently contacted us to follow up on these issues. Mammadyarov and Kramer agreed to expand the dialogue to include representatives from relevant line ministries, including the Minister of Justice. They tentatively agreed to hold the next dialogue in Baku in September. End summary. ¶2. (SBU) DRL Assistant Secretary David Kramer and the Ambassador met with Foreign Minister Elmar Mammadyarov on June 27 for the fourth DRL-led round of our bilateral human rights and democracy dialogue. Mammadyarov, who was well-prepared with briefing papers and specific points for each agenda item, was accompanied by MFA Spokesperson Khazar Ibrahim, and staff from the Americas Desk and Human Rights Department. Pol/Econ Chief (notetaker) also attended the meeting. GOAJ WATCHING EVENTS IN ARMENIA -------------- ¶3. (C) Kramer began the meeting with an overview of his regional trip, noting that he had expressed deep concern in Yerevan over violence surrounding Armenia's presidential election. Mammadyarov said he was worried about Armenian President Sargsyan's ability to handle his complex domestic political situation, explaining that "it is in no one's interest to have a weak neighbor" as that could postpone resolution of the Nagorno-Karabakh conflict. Mammadyarov noted that Sargsyan had faced immediate criticism following his announcement that he favored a reconciliation commission with Turkey, leading Mammadyarov to wonder whether Sargsyan could get the support of the Armenian people on a possible peace deal with Azerbaijan. "This is a dangerous scenario for us," Mammadyarov said, worrying that Sargsyan's Moscow visit hinted at a more conservative approach to NK. Mammadyarov said the GOAJ is trying to explain to the new Armenian government that stability, through a peaceful solution to the NK conflict, will enhance Armenia's regional position. Mammadyarov was critical of Armenia's continuing dependence on Russia, contrasting Armenia's policy choices to other former Soviet republics' pursuit of independence and sovereignty. LET'S CONTINUE THE DIALOGUE -------------- ¶4. (C) Mammadyarov agreed with Kramer's statement that the greatest way to strengthen Azerbaijan's independence and sovereignty is to strengthen Azerbaijan's democratic practices and respect for human rights. Calling Azerbaijan's democratic transition "inevitable," Mammadyarov said the GOAJ is working to implement its democratic commitments. The Azerbaijani Government recognizes the important role played by democracy and human rights in its bilateral relationship with the U.S., and appreciates the open discussions and advice shared by the U.S. on this issue. While some U.S. suggestions work, others do not, Mammadyarov said. "This is the beauty of the dialogue; we discuss, and this is an education process." Kramer agreed, noting that he had made concrete suggestions during his earlier meeting with President Aliyev (septel),in the spirit of offering suggestions on the way the Azerbaijani Government could demonstrate to the international community that it is continuing to move in a democratic direction. Mammadyarov urged the U.S. to keep this dialogue on human rights and democracy issues in private channels, as Azerbaijan's lingering Soviet legacy made some issues more difficult than others. "It's a question of strategy," Mammadyarov said. POLITICAL PROCESS REFORM -------------- ¶5. (C) Mammadyarov provided an overview of recent changes to Azerbaijan's electoral code (ref a). He characterized Azerbaijan's decision to shorten the campaign period to 75 days as in keeping with European standards, and highlighted changes to the complaints and appeals process as a positive development. Mammadyarov defended the GOAJ's decision not to change the composition of the electoral commissions as recommended by the Venice Commission and ODIHR, stating that the compromise put forth by ODIHR splitting the commissioners equally among ruling party, independent and opposition representatives was "untenable." He said that the GOAJ had tried this approach in the 2000 election, resulting in a deadlocked process. Kramer noted that, in their public comments on these electoral changes, the Venice Commission and OSCE/ODIHR had emphasized that implementation of these new procedures will be key, to ensure that they strengthen the transparency of Azerbaijan's electoral process. Mammadyarov readily agreed, and said he hoped the U.S. would continue its election assistance programs to help change the mentality and traditions that lingered from Azerbaijan's Soviet past. Mammadyarov agreed to look into the GOAJ's apparent refusal of election training offered to local officials (ExComs) by the OSCE. ¶6. (C) Mammadyarov agreed that media access "will continue to be an issue" for the October election. Mammadyarov believes that new provisions switching candidates' free air time from AzTV to Public TV will not be problematic, telling us "I discussed this with the President, and it will be open; let them talk as much as they can." However, Mammadyarov acknowledged that the private media's coverage of the presidential election is likely to be problematic, as it was during the 2005 parliamentary election. Mammadyarov said that although he had urged the owners of private TV stations to provide air time to all candidates, their response was "harsh," indicating that they would sell air time as they saw fit. ¶7. (C) Mammadyarov said that he had "no news" regarding the status of the Election Monitoring Center (EMC),adding that the issue should be pursued through legal channels. Kramer noted that he had raised the issue with the Minister of Justice and had met with EMC, and the Ambassador added that the Embassy had been working with EMC to ensure the organization was operating within the boundaries of the law and in a non-partisan way. Mammadyarov commented that the "hard" statements from EMC Director Anar Mammadli, asserting that he had the full support of the U.S. Government, had not been helpful. ¶8. (C) Noting that he had raised EMC's status with President Aliyev, Kramer said he understood the sensitivities of NDI's relationship with the GOAJ and would raise these issues with NDI's leadership; he also noted that he had met with EMC and stressed the importance of remaining neutral. Re-registration of NDI would be a positive signal of the GOAJ's commitment to a free and fair election that the U.S. would seek to recognize. Mammadyarov promised to look into the issue. In a separate June 27 meeting, Minister of Justice Fikret Mammadov told Kramer that after EMC's registration, a further investigation by the MOJ discovered certain mistakes in their documentation, and the MOJ then referred the case to the court system which decided to deregister the organization. Mammadov commented that EMC is showing possibly "criminal" disrespect for the law by announcing its intent to continue operating after the court decision. ¶9. (C) Kramer and the Ambassador also urged the GOAJ to invite the European Network of Election Monitoring Organizations (ENEMO) to observe the October presidential election, noting that it had a long history of providing independent election observers throughout Eastern Europe and the former Soviet Union and would encourage the development of neutral election observation organizations in Azerbaijan. Mammadyarov was not familiar with the organization but promised to look into it. With a smile, Mammadyarov noted that when the U.S. starts to raise democracy issues, the Azerbaijani Government wonders what's behind it. ¶10. (C) In response to Kramer's suggestion that the GOAJ indicate soon that it would invite OSCE/ODIHR to observe the October election, Mammadyarov said that President Aliyev had issued a public statement during his recent travels indicating that the GOAJ would invite ODIHR to observe the election. Kramer urged Mammadyarov to consider reissuing the statement in a way that would make Azerbaijan's commitment clear to the international community, a point to which Mammadyarov readily agreed. However, Mammadyarov also said that the leadership of the ODIHR mission will be key, and complained about the role played by ODIHR's 2005 election observation mission. (Comment: MFA Spokesperson Khazar Ibrahim subsequently sent us President Aliyev's short May 29 statement in Finland indicating that Azerbaijan "will invite observers." We suggested that the MFA reissue the statement, noting that the GOAJ intends to invite ODIHR.) MEDIA FREEDOM -------------- ¶11. (C) Mammadyarov said the GOAJ had recently completed work with the OSCE on a new action plan for improving the state's relationship with the media. Mammadyarov noted that this issue is not just about journalism but is about the overall level of maturity within Azerbaijani society; he said he personally has been encouraging other ministers to be more open and responsive to the press. (Comment: According to the OSCE, this action plan is focused on developing more robust public relations and spokespersons functions within government ministries; it has not tackled the more difficult problems of criminal libel and physical violence against journalists.) MFA Spokesperson Ibrahim added that the GOAJ is trying to develop a "Meet the Press"-like weekly television program on foreign policy issues which would be broadcast on Public TV, with the goal of training journalists and producers. ¶12. (C) Kramer replied that Azerbaijan has serious problems in the media environment, and that he had discussed these issues frankly with President Aliyev (septel). Although President Aliyev's pardon of five jailed journalists last year was a positive step, three remain in jail and the U.S. hopes a way can be found for their release. Other journalists have been beaten, and Kramer said he had urged President Aliyev to issue a strong statement condemning violence against journalists. Azerbaijan's criminal libel law raises risk that it could be abused, and Kramer strongly urged the GOAJ to consider revising this law. ¶13. (C) Turning to specific cases, Kramer urged the GOAJ to allow Azadliq newspaper reporter Agil Khalil, who had been beaten and stabbed following his investigation into a corrupt land deal, to leave the country. Kramer suggested that, if the GOAJ required Khalil to testify in a criminal case, arrangements could be made for him to testify via video connections. When the Foreign Minister responded that he had already discussed this case with the Ambassador and that Khalil had bodyguards, the Ambassador noted that Khalil has been prevented from leaving he country three times on unclear legal grounds. The Foreign Minister suggested that she raise this case with the Prosecutor General. Kramer and the Ambassador also urged the GOAJ to conduct a thorough, independent investigation into the June 7 beating of Institute for Reporter Freedom and Safety Director Emin Huseynov (ref b). In response to Kramer's concerns about jailed Talysh Voice editor Novruzali Mammadov, Mammadyarov stated that Mammadov is a "spy" who acknowledged receiving USD 2000 per month from Iran. When Kramer again urged the GOAJ to take actions in support of media freedom, Mammadyarov said the GOAJ could not pardon these individuals, arguing "that should be done through legal procedures, otherwise that sends the wrong message." Mammadyarov said the individuals must appeal through normal legal channels. HUMAN RIGHTS -------------- ¶14. (C) Kramer noted that, in his discussions with a broad range of civil society, political and media figures, no one had mentioned the GOAJ's Human Rights Ombudswoman as a useful resource or advocate. Kramer suggested that the GOAJ could consider further empowering this position or finding a more active person to take on what has proven to be a very helpful position in some neighboring countries; the GOAJ could also consider ways to make its human rights action plan a more effective tool. MFA Spokesperson Ibrahim noted that the Ombudswoman's term would expire soon, which could be a useful opportunity for change, but Mammadyarov commented that capacity could be a problem as Azerbaijan continues to face a deficit of well-trained professionals in the human rights area. Kramer acknowledged that capacity is a problem and suggested that the GOAJ also develop a robust police training program, and that the U.S. and Azerbaijan bring their respective experts from the Ministries of Justice into these discussions. Mammadyarov agreed, adding that it also could be useful to bring other technical agencies and ministries, such as the Central Election Commission, into the dialogue. ¶15. (C) Kramer expressed concern about an emerging pattern of pressure against "nontraditional" religious groups that could threaten Azerbaijan's otherwise good record of promoting religious freedom, citing recent arrests of Baptists and Jehovah's Witnesses, among other groups. Mammadyarov said that, in general, Baptists had a long history in Azerbaijan but that there appeared to be a local problem regarding the community in the Zaqatala region. He instructed the Human Rights Department to get the details of the case from the Embassy and then write a letter to the State Committee on Works with Religious Authorities (SCRWA) expressing concern and seeking further information. (Comment: We are following up with Mammadyarov's staff on this issue.) RULE OF LAW/ANTI-CORRUPTION -------------- ¶16. (C) Mammadyarov confirmed that Azerbaijan's new draft anti-money laundering/counter-terrorist finance legislation has been reviewed by Moneyval and is being considered by parliament. Mammadyarov said he had stressed to parliamentary leadership that the GOAJ must adopt the legislation in its current form, as it reflects Azerbaijan's international obligations. Mammadyarov confirmed that the new legislation, once adopted, will result in the creation of a Financial Intelligence Unit (FIU),but administration of the FIU still remains unclear as GOAJ agencies disagree over which ministry should have responsibility for the FIU. Mammadyarov said he would write to the Speaker of Parliament to urge speedy passage of this legislation. ¶17. (C) Mammadyarov acknowledged that implementation of the GOAJ's second anti-corruption action plan could be improved, expressing concern that corruption is becoming "more and more visible in society" and that high-ranking officials' business holdings are creating significant conflict-of-interest problems. Although a new law on conflict-of-interest has been drafted, it has not yet been sent to parliament. When the Ambassador briefed Mammadyarov on specific steps the U.S. Embassy had suggested the GOAJ take to strengthen implementation of the anti-corruption action plan, Mammadyarov offered to write to Anti-Corruption Commission Chair Ramiz Mehdiyev to urge him to take these steps. (MFA staff subsequently followed up with the Embassy to obtain the specific recommendations.) ¶18. (C) Mammadyarov provided a brief update on Azerbaijan's judicial reform efforts, noting that the GOAJ was implementing a USD 21.6 million World Bank project to improve the judicial infrastructure and planned to increase the number of judges by 50 percent. The GOAJ also is working on a new code of ethics for judges. Mammadyarov welcomed Kramer's suggestion that judicial reform become a higher priority in the dialogue, and agreed that representatives from the two countries' Ministries of Justice be included in the talks. ¶19. (C) Kramer also reviewed Azerbaijan's judicial reform efforts in a separate June 27 meeting with Minister of Justice Fikret Mammadov. Mammadov highlighted a more rigorous and transparent selection process for judges, more training for current judges, the establishment of appeals courts, and the removal of corrupt judges. Kramer inquired into compensation for judges and the creation of an ex parte communication law, to which Mammadov replied that judge salaries are now 25 times higher than in 2000 and that a communication law has been in place since 2005. Mammadov deflected A/S Kramer's question about harassment of journalists by stating that the Prosecutor General's office is responsible for these investigations. Mammadov accepted Kramer's invitation to participate in the next meeting of the bilateral Democracy Dialogue. ENGAGED, EMPOWERED CITIZENRY -------------- ¶20. (C) Kramer cautioned the GOAJ, in its implementation of its new state support program for NGOs, to resist the temptation of supporting the growth of government-affiliated non-governmental organizations as many other states in the region have chosen to do. Mammadyarov argued that the GOAJ needed to promote "a more civil discourse" among Azerbaijan's NGO community as this group historically has been divided along political lines, and pointed to the new state program for NGOs as key to the efforts. NEXT STEPS -------------- ¶21. (C) Kramer closed the meeting by summarizing the key points of the discussion. Specifically: - Mammadyarov had pledged to look into EMC's registration, to explore the possibility of EMC re-registering or being allowed to continue its observation mission by some other means. - The MFA Spokesperson had pledged to find President Aliyev's statement regarding election observers and consider re-issuing the statement to highlight the commitment to invite OSCE/ODIHR. - Kramer had urged the GOAJ to release the three jailed journalists, issue a strong statement condemning violence against journalists, and consider ways to decriminalize libel. - Kramer had urged the GOAJ to consider ways to empower the Human Rights Ombudswoman and make the human rights action plan a more effective tool. - Mammadyarov had agreed to write to the SCWRA regarding a pattern of pressure against Baptists; the Embassy would provide specific details of the case to the MFA. - Mammadyarov had pledged to write to Presidential Chief of Staff Ramiz Mehdiyev regarding implementation of the national anti-corruption action plan; the Embassy agreed to provide specific suggestions in this regard to the MFA. Mammadyarov noted that it would be useful for Kramer to visit Baku again before Azerbaijan's October presidential election. Mammadyarov and Kramer agreed to consider holding the next round of the dialogue in Baku in September. COMMENT -------------- ¶22. (C) Mammadyarov was well-prepared for the talks and appeared eager to show leadership with his offers to actively intervene with his GOAJ colleagues on some issues, such as religious freedom, anti-corruption measures, and judicial reform. However, his silence on the difficult issue of media freedom - particularly when viewed in light of President Aliyev's extremely tough stand on this issue (septel) - indicates that Mammadyarov understands he is not in the driver's seat on this matter and any decisions to take action on media problems will be made elsewhere. Nonetheless, Mammadyarov was much more confident, engaged and prepared in this discussion that in previous ones, clearly seeking to illustrate to A/S Kramer a willingness to engage with the U.S. and seek results where he can. We will continue to engage him actively on these issues and welcome the support of Washington colleagues. ¶23. (U) A/S Kramer cleared this message. DERSE