AZERBAIJAN: INPUT FOR OSCE HUMAN DIMENSION MEETING

UNCLAS BAKU 000505 SIPDIS DEPT FOR EUR/CARC, EUR/RPM (JESSICA FISHER),DRL E.O. 12958: N/A TAGS: OSCE PGOV PHUM PREL KDEM AJ SUBJECT: AZERBAIJAN: INPUT FOR OSCE HUMAN DIMENSION MEETING REF: STATE 59944 ¶1. (SBU) As requested reftel, this cable identifies areas of concern in Azerbaijan's human rights performance that could be discussed with the GOAJ in the run-up to the September 28-October 9 OSCE Human Dimension Implementation Meeting (HDIM),in the hopes of securing greater progress. Since Azerbaijan's October 2008 presidential election, held just after the 2008 HDIM, the GOAJ has taken a number of steps that show a certain disregard for its commitments under the OSCE Human Dimension. In particular, the March referendum that amended 29 articles of Azerbaijan's Constitution was conducted swiftly and largely without public debate on the meaning of the changes. In addition, several Constitutional amendments and other legislative changes have further restricted freedom of expression and freedom of assembly. A new law currently under debate in parliament would also restrict freedom of association. Paragraph 2 outlines specific suggestions for a demarche. ¶2. (SBU) Suggested points for a pre-HDIM demarche to the GOAJ: - NGOs are an important contributing factor in democratic development and an integral part of every modern democratic society. Therefore, we are concerned about amendments to the Law on NGOs currently under discussion in parliament. These amendments, if passed as described, would contravene international standards and Azerbaijan's OSCE commitments, result in further restrictions on freedom of speech and association, and put development of civil society in Azerbaijan at risk. We encourage broad and open debate and a meaningful period for such debate before any changes are adopted by Parliament, including input from civil society leaders in Azerbaijan and consultation with the Venice Commission of the Council of Europe and the Office of Democratic Institutions and Human Rights of the OSCE. - We continue to be concerned about the poor media environment in Azerbaijan. We encourage your government to send a strong signal of its commitment to media freedom, for example by issuing a strong statement that violence against journalists will not be tolerated. We also encourage your government to investigate and prosecute those responsible for violence against journalists. - We applaud the release of imprisoned journalist Mirza Zahidov, and call upon your government to release other imprisoned journalists, including Eynulla Fatullayev and Ganimat Zahidov. We also applaud recent statements from the presidential administration regarding the non-use of criminal courts for libel cases, and the instant reversal of two journalists, convictions under the libel laws this spring. We encourage your government to remove these statutes from your criminal code. - Freedom of assembly is also an important component to the development of democracy. We are concerned about the restrictive implementation of Azerbaijan's law on freedom of assembly, and urge your government to allow peaceful demonstrations to occur in central Baku. - Azerbaijan's late 2009 municipal elections offer an important opportunity for your government to showcase its commitment to grassroots democracy. We hope that these elections will be conducted in a fair and transparent manner, and that your government will continue to improve the Election Code, based on the recommendations made by the OSCE Office of Democratic Institutions and Human Rights and the Venice Commission of the Council of Europe. - We also continue to be concerned about religious freedom in Azerbaijan. Recent amendments to the Law on Religious Freedom may prevent some religious groups from practicing freely. We encourage your government to conduct the registration process for all religious groups in a transparent and balanced manner. DERSE