AZERBAIJAN: DRAFT LAW WOULD RESTRICT NGO ACTIVITY

C O N F I D E N T I A L SECTION 01 OF 02 BAKU 000477 SIPDIS DEPT FOR EUR/CARC, DRL E.O. 12958: DECL: 06/11/2019 TAGS: PGOV KDEM PHUM PREL AJ SUBJECT: AZERBAIJAN: DRAFT LAW WOULD RESTRICT NGO ACTIVITY REF: A. BAKU 473 ¶B. 08 BAKU 454 Classified By: Political-Economic Section Chief Rob Garverick, reasons 1.4 b and d. ¶1. (C) This is an action request. See paragraph 8. ¶2. (C) Summary: On June 8 the Presidential Administration delivered draft changes to the law on non-governmental organizations (NGOs) to parliament. These draft changes would restrict the activities of both foreign and domestic NGOs in a number of ways. The draft has passed through committee on June 9 and is due to be approved by the full parliament during its next session on June 19. In the meantime, civil society leaders across the board are expressing outrage over the proposed changes, and holding frantic meetings to try to plan coordinated reactions. Embassy plans to express strong concern about these proposed changes at the highest level of the GOAJ, and requests assistance to demarche Azerbaijani officials in Washington as well. These legislative changes appear to be part of an unfortunate pattern since the October 2008 presidential election, in which the GOAJ is attempting to gain more control over all sectors of society. End Summary Parliament Unexpectedly Mulls Over NGO Law Changes -------------- ¶3. (SBU) On June 9 the Milli Majlis's (parliament) Committee on Legal Policy reviewed a number of draft changes to the law on NGOs. This draft was reportedly delivered to Ali Huseynov, the head of this committee, from the Presidential Administration on June 8. The next full session of parliament is scheduled for June 19, where these changes are expected to be discussed and passed in one reading (only one reading is needed for changes to an existing law). ¶4. (C) According to an official copy of the proposed changes received by the embassy, the amendments to the law are potentially numerous and far-reaching. Of most concern to USG activities is a provision which prevents Azerbaijani NGOs from receiving more than 50 percent of their funding from foreign sources. Most of the NGOs in Azerbaijan who are working on the challenging issues of political and economic reform receive the majority of their funding from international donors, including the USG through USAID and Embassy Democracy Commission grants. In a country where the average income is about 4,000 USD per year and more than half 
of the population reports that they spend the majority of their income on food, private domestic sources of donations to NGOs are hard to come by. Therefore, if these changes are made to the legislation, the only domestic sources of funding for these organizations will be the GOAJ, making it nearly impossible for independent NGOs to continue functioning. ¶5. (C) Another proposed amendment of concern is a provision that prevents NGOs not registered by the GOAJ from conducting any activities, and allows the arrest of people who do not comply with this law. The Ministry of Justice has been notorious in the past for not registering NGOs which the Ministry deems to be unfriendly to the government (reftel B). Many of the NGOs the Embassy works with regularly are unregistered, despite years of trying to do so. One of the amendments also seems to imply that the Ministry of Justice will consult with other Ministries to investigate the background of any persons wishing to register an NGO, a new hurdle which will allow further political meddling in the process. Another amendment prevents NGOs form operating across the country unless that NGO has branch offices in one-third of all regions in Azerbaijan. Given the expense and logistical hurdles involved in opening branch offices, most NGOs would thereby be prevented from doing any of their valuable work in the less-developed parts of Azerbaijan outside Baku. Embassy, USAID Look at Assistance Impact -------------- ¶6. (C) In the first press articles on these amendments, there was concern that they would prevent the activities of USG sponsored NGOs such as the National Democratic Institute and the International Republican Institute. Embassy has learned BAKU 00000477 002 OF 002 that there is a new amendment which prevents a foreign citizen from heading an NGO and another which prevents foreign NGOs from opening branch offices in Azerbaijan. However, there is an exception in the law for NGOs covered under a bilateral agreement with another country. All USAID implementing partners in Azerbaijan should be covered under such a bilateral agreement, signed by the GOAJ and USG in ¶2001. It should be noted, however, that the GOAJ has refused previously and refused again this year to register NDI and IRI, despite registering all other USAID implementing partners. NGO Leaders Concerned -------------- ¶7. (C) Condemnation of these changes is coming fast and furious from all sides of civil society. The leaders of both federations of human rights NGOs Novella Jafaroglu and Leyla Yunus have spoken to the press decrying the changes. Independent newspaper Zerkalo wrote an op-ed piece saying the changes will restrict activities of all NGOs, and claiming the GOAJ was following an outmoded Russian model. Opposition MP Panah Huseyn called the changes "anti-democratic" in the press and MP Fazil Mustafa said these amendments aimed to restrict NGOs' independence. Over 40 NGOs formed a coalition against the changes on June 11, and this coalition will hold a press conference on June 12 to announce their public advocacy plan. ACTION REQUEST -------------- ¶8. (SBU) Embassy is requesting Washington assistance in conveying to Azerbaijani embassy officials, before June 19, the serious concerns the USG has with these draft changes. Embassy will convey a similar message to the GOAJ in Baku at the highest levels. COMMENT -------------- ¶9. (C) The draft restrictions on NGOs follow a number of similar steps the GOAJ has taken since the presidential election in October 2008 to tighten controls on different sectors of society. In January, the GOAJ shut down Radio Liberty, Voice of America, and BBC on the FM airwaves, leaving no independent sources of news available on broadcast media. In March, the referendum made a number of changes to the Constitution that further restrict the independence of media and could have an impact on religious freedoms, in addition to removing term limits on the presidency. Also in March the GOAJ changed the law on media to, inter alia, make it easier for the GOAJ to shut down media it does not like. In May, the GOAJ passed an amendment to the law on religious freedom, which, among other things, will trigger re-registration requirements for religious groups. Several comments from high level officials in the ruling party and in the presidential administration indicate the new regulations on political parties, including state financing, and restrictions on the internet may be next on the GOAJ's to-do list. DERSE