AMBASSADOR DISCUSSES ELECTION ENVIRONMENT WITH

C O N F I D E N T I A L SECTION 01 OF 02 BAKU 000884

SIPDIS

EUR/CARC AND DRL FOR WENDY SILVERMAN

E.O. 12958: DECL: 09/08/2018
TAGS: PGOV PREL PHUM KDEM AJ
SUBJECT: AMBASSADOR DISCUSSES ELECTION ENVIRONMENT WITH
OSCE AND OSCE/ODIHR

Classified By: Ambassador Anne E. Derse, for reasons 1.4 (b,d).


1. (C) SUMMARY: On September 4 Ambassador Jose-Luis Herrero
Ansola of the OSCE Office in Baku briefed OSCE member state
ambassadors on the Office's election-related activities,
including training for regional leaders (ExComs) on
non-interference in the election and the importance of
freedom of assembly. Ambassador Herrero also introduced
Ambassador Boris Frlec, the head of the OSCE Office of
Democratic Institutions and Human Rights Election Observation
Mission for Azerbaijan, who reported that his mission's
mandate is to observe and report on the election, but not to
interfere. Separately, Ambassador Derse and Ambassador Frlec
discussed the political climate in Azerbaijan, and the need
for reforms in the area of freedom of the press, assembly and
association. According to senior leaders at the Presidential
Apparat, Ambassador Frlec's operational plans have already
begun to ruffle feathers within the GOAJ, who want to the
opportunity to fix problems as they are observed, rather than
wait to read about problems in a report. END SUMMARY

OSCE/ODIHR Briefing for Ambassadors
--------------


2. (C) On September 4 Ambassador Jose-Luis Herrero Ansola,
head of the OSCE Office in Baku, briefed OSCE member states'
ambassadors on the Office's election-related activities. The
OSCE has completed five sessions with all heads of the
regional Executive Commissions (ExComs) about the changes to
the Election Code, focusing particularly on non-interference
in the election process. Ambassador Herrero Ansola reported
that members of the presidential administration participated
in the sessions, and that the tone was "frank" with "no
double language" on the responsibilities of the ExComs during
the election period. On the negative side, Ambassador
Herrero Ansola reported that there was inconsistency in
levels of understanding among these locals officials,
including some "shocking opinions," but Herrero Ansola felt
that the response to these comments "got through" to the
ExComs.


3. (C) Ambassador Herrero Ansola also reported that the OSCE
has conducted two sessions on the new freedom of assembly
law, and will conduct two more with the legal heads of each
region, also in conjunction with the presidential
administration. Again, Herrero Ansola reported that the
level of understanding of the reasons for demonstrations was
varied, but the training focused on creating a bias towards
allowing demonstrations unless the planned demonstration
strictly violates the new law. The training also emphasized
that ExComs should create lists of places in each
municipality where demonstrations will be allowed, and that
these places must be in central locations where the
demonstrations will get publicity. Ambassador Herrero Ansola
also reported that the OSCE has created and distributed
yellow vests for press to wear while covering events that
will clearly identify them as separate from the event.


4. (C) Ambassador Herrero Ansola then introduced Ambassador
Boris Frlec, the head of the OSCE Office of Democratic
Institutions and Human Rights Election Observation Mission
for Azerbaijan. Ambassador Frlec explained that the
Observation Mission consists of a twelve-member core team, 28
long-term observers, and up to 450 short-term observers.
Their task is to discover whether the election meets
international standards, and not whether the election is
"legitimate." The Observation Mission will observe the
entire election process, including all election campaigns,
media reporting, and the complaints and appeals process and
report on its findings, but will not interfere in the conduct
of the election. The Mission will issue two interim reports
prior to the election, a "findings and conclusions" statement
the day after the election, and a final report eight weeks
after the election.

Ambassador Meets ODIHR Observation Mission Head
-------------- --


5. (C) In a separate meeting on September 8, the Ambassador
and Ambassador Frlec discussed the political environment in
Azerbaijan. Ambassador Frlec stated that there are many ways
for a country to democratize, and that Azerbaijan has not
chosen a direct path. Ambassador Frlec said that he

BAKU 00000884 002 OF 002


understands, coming from a transitional country himself
(Slovenia),that people in Azerbaijan are used to being
commanded. He wondered how it was possible to change the
tendency of lower level officials to want to "please the
boss" with election results. Ambassador Frlec was impressed,
however, by Azerbaijan's commitment to separating religion
from the state. He asked the Ambassador for advice on the
most important messages he should give to President Aliyev in
his meeting next week. The Ambassador suggested a
presidential statement condemning violence against
journalists and for the loosening of restrictions on freedom
of assembly and association. The Ambassador also stressed
that the police should not use violence in controlling any
demonstrations held around the election period.

Presidential Apparat Expresses Concern
--------------


6. (C) Ambassador Frlec's strict adherence to his mandate to
observe and report on the election, but not to interfere in
the election, has already begun to ruffle feathers within the
GOAJ. Shahin Aliyev, head of the Legal Department of the
Presidential Administration, asked for a meeting with the
Deputy Chief of Mission on September 9 to complain about
Ambassador Frlec's refusal to meet with anyone in the
Presidential Apparat. Aliyev explained that the GOAJ wants
to know about problems with the election, including the
pre-election environment, as they occur, so that they can fix
them before they appear in the international community's
reports. Aliyev felt that he has had this type of
relationship with previous OSCE/ODIHR missions, and was
disappointed that this will not happen this year. Aliyev
asked the Embassy to keep him informed of all of its
observations of the election environment. He welcomed the
Embassy passing information derived from its own observers as
well as passed from local and iternational election
monitors, including the conroversial Election Monitoring
Center, so that prblems can be addressed immediately.
(COMMENT: Ambassador Frlec confirmed to an Embassy official
that he did meet with Shahin Aliyev shortly after the DCM's
meeting, but it is not clear that their differences of
opinion were resolved. END COMMENT.)

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


7. (SBU) Embassy will continue to work with the GOAJ,
bilaterally and in conjunction with other missions and
international institutions, at all levels to improve both the
pre-election environment and the conduct of the voting and
tabulation process on Election Day. Separate from ODIHR's
mission, Embassy Baku plans to deploy small teams of embassy
election observers around Baku and to the regions, discussing
Election Day issues with domestic and international
observers. Information gathered will be shared with the
GOAJ, as well as Washington, in similar fashion to efforts in
2005 parliamentary elections and 2003 presidential elections.
ODIHR, however, will abide by its own procedures, which are
uniform throughout the region.
DERSE