AZERBAIJAN: PARLIAMENT POSTPONES DEBATE ON NGO LAW

C O N F I D E N T I A L SECTION 01 OF 02 BAKU 000504 SIPDIS DEPT FOR EUR/CARC, DRL E.O. 12958: DECL: 6/23/2019 TAGS: PGOV KDEM PHUM PREL AJ SUBJECT: AZERBAIJAN: PARLIAMENT POSTPONES DEBATE ON NGO LAW REF: A. BAKU 473 ¶B. BAKU 477 ¶C. BAKU 488 ¶D. BAKU 496 Classified By: Deputy Chief of Mission Donald Lu, Reasons 1.4 b and d. ¶1. (C) Summary: On June 19 the GOAJ held a second extraordinary session of parliament to discuss a long 13- item agenda of legislative changes. Items 12 and 13 were changes to the law on religious freedom, mass media and non-governmental organizations (NGOs) -- all of which were controversial (reftels). The session ended at 1800 in the middle of the debate on these issues, and that debate will resume at the next extraordinary session of parliament on June 30. Embassy will continue to monitor the NGO law issue, and raise it with GOAJ officials. Parliament did pass laws to reform the education system, to change the 2009 budget, and to protect personal data. End Summary. ¶2. (SBU) On June 19 the GOAJ held an extraordinary session of parliament in order to discuss a 13-item agenda of legislative changes, including the controversial changes to the law on NGOs and religious freedom (reftels). The agenda, when first announced, had these controversial changes towards the beginning. Amid outcry by Azerbaijani civil society and the international community, the agenda was altered, and these two items were moved to the end. Several members of parliament told Embassy officials that this was done deliberately so that votes on these changes would be postponed. ¶3. (C) During the open debate that began the session, three different opposition MPs called for the changes to the NGO law to be removed from the agenda. After each speech the Speaker of Parliament Ogtay Asadov stated that it was too late to change the agenda. In response, Siyavush Novruzov from the ruling Yeni Azerbaijan Party (YAP) made a long speech supporting the changes to the NGO law, stating a need to regulate funding of NGOs. ¶4. (C) After half an hour, the Speaker closed the open debate, despite a long list of MPs still wishing to speak, and began the official agenda. The second item -- a law on education -- has been pending for over ten years and was highly controversial. The final version did not fully transform Azerbaijan's education system to the EU Bologna model, as many had hoped. After the Education Law was passed, many MPs left the chamber, leaving their desks empty. As the Speaker rushed through the rest of the agenda, including changes to the state budget and the central bank, the law on sports, and protecting personal data, other MPs and parliament staff roamed the chamber voting in their colleagues' place. ¶5. (C) After a two hour lunch break, the session resumed at 1600, with little debate on any of the agenda. At 1730 the Speaker began the discussion of the last items on the agenda -- changes to the law on religious freedom and a group of amendments to other laws, including the Law on NGOs and the Law on Mass Media (reftels). The Speaker explained that the religion law and the other laws would be discussed together but voted separately. Ali Huseynov, head of the Parliament's committee on Legal Policy, explained the proposed changes, focusing on the need for the state to control religion and thus the need for local officials to be involved in choosing imams and for those educated abroad to be ineligible to lead a mosque. On the NGO law, he stated that he has heard the objections of civil society and diplomatic missions, but he still hopes these changes will pass, as they will help control terrorist and criminal groups. ¶6. (C) After Huseynov's speech, three pro-government MPs spoke in support of the changes. Igbal Agazade of the opposition Umid Party then spoke against all of the amendments, citing the importance of the separation of church and state and telling the ruling party that they need to better understand the philosophy behind NGOs before drafting such a law. Interestingly, Azay Guliyev, MP and head of the State Support Council for NGOs, asked for several changes to these amendments and more time to discuss them. At the end of Guliyev's speech, the Speaker ended the session and said the debate would continue at the next session. On June 22 BAKU 00000504 002 OF 002 Parliament's protocol office confirmed that this next session would be hel June 30. COMMENT -------------- ¶7. (C) There areclearly divisions within parliament on the need or these amendments to the law on NGOs and on reliious freedom. The fact that the religion law ha been split from the other changes seems to offe an opportunity to pass one but not the other. Also, Guliyev's praise for some changes but not others indicates there may be room for some negotiation. In addition, the official national human rights Ombudswoman, Elmira Suleymanova ) who has been less than impressive as a human rights advocate ) publicly called on June 22 for the parliament to roll the NGO law into the fall session, expressing doubts that the law was consistent with Azerbaijan's commitments under the International Covenant on Civil and Political Rights. Embassy will use this week to raise USG concerns on the law with all levels of the GOAJ, and will monitor the next parliamentary session on June 30. DERSE