VZCZCXYZ0000
RR RUEHWEB
DE RUEHKB #0658/01 1910701
ZNY CCCCC ZZH
R 090701Z JUL 08
FM AMEMBASSY BAKU
TO RUEHC/SECSTATE WASHDC 5672
INFO RUCNCIS/CIS COLLECTIVE
RUEHAK/AMEMBASSY ANKARA 2914
RUEHVEN/USMISSION USOSCE 1027 C O N F I D E N T I A L BAKU 000658
SIPDIS
E.O. 12958: DECL: 07/02/2018
TAGS:
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
http://dazzlepod.com/cable/08BAKU658/?q=talysh
