Spotlight on azerbaijan provides an in-depth but accessible analysis of the major challenges Azerbaijan faces regarding democratic development, rule of law, media freedom, property rights and a number of other key governance and human rights issues while examining the impact of its international relationships, the economy and the unresolved nagorno-Karabakh conflict on the domestic situation. it argues that UK, EU and Western engagement in Azerbaijan needs to go beyond energy diplomacy but that increased engagement must be matched by stronger pressure for reform. Edited by Adam hug (Foreign policy Centre) Spotlight on Azerbaijan contains contributions from leading Azerbaijan experts including: Vugar Bayramov (Centre for Economic and Social Development), Michelle Brady (American Bar Association Rule of law initiative), giorgi gogia (human Rights Watch), Vugar gojayev (human Rights house-Azerbaijan) , Jacqueline hale (oSi-EU), Rashid hajili (Media Rights institute), tabib huseynov, Monica Martinez (oSCE), Dr Katy pearce (University of Washington), Firdevs Robinson (FpC) and Denis Sammut (linKS). The Foreign Policy Centre Spotlight on Suite 11, Second floor 23-28 Penn Street London N1 5DL United Kingdom www.fpc.org.uk [email protected] aZERBaIJaN © Foreign Policy Centre 2011 Edited by adam Hug all rights reserved ISBN-13 978-1-905833-24-5 ISBN-10 1-905833-24-5 £4.95 Spotlight on Azerbaijan Edited by Adam Hug First published in May 2012 by The Foreign Policy Centre Suite 11, Second Floor, 23-28 Penn Street London N1 5DL www.fpc.org.uk [email protected] © Foreign Policy Centre 2012 All Rights Reserved ISBN 13: 978-1-905833-24-5 ISBN 10: 1-905833-24-5 Disclaimer: The views expressed in this report are those of the authors alone and do not necessarily reflect the views of the Foreign Policy Centre. Each author is responsible for their contribution alone and the views of others authors and the editor may not necessarily reflect their views. This report contains contributions from authors using both British and American English. Cover design by Autumn Forecast at Soapbox Communications 1 Acknowledgements The FPC is extremely grateful to the Open Society Assistance Foundation, the Open Society Foundation- London, the Open Society Institute-Budapest, the Open Society Institute-Brussels and the Open Society Institute-Azerbaijan for their kind support that has enabled this project to go ahead. The editor would particularly like to thank Iva Dobichina, Jacqui Hale, Magda Adamowicz, Fidan Najafofa, Rovshan Bagirov, Eleanor Nolan and Eleanor Kelly and a number of other Open Society staff members for their help. The editor would like to thank his authors for contributing their ideas and time to this publication. He would also like to thank a number of people who have assisted with this publication including Dr Leila Alieva, Felix Corley, Lucy Doig, Murad Gassanly, Dr Ali Granmayeh, Mike Harris, Fariz Ismailzade, Khadija Ismayilova, Nathalie Losekoot, Alasgar Mammadli, Rebecca Vincent and large number of NGO activists, experts and business people who prefer their insights and assistance to remain off the record. Similar thanks go to representatives of the Azerbaijan Ministry of Foreign Affairs, the Embassy of Azerbaijan in the UK, the Office of the Ombudsman, the British Embassy in Baku, EU, OSCE and Council of Europe. He would like to particularly thank his colleagues Anna Owen and Josephine Osikena for their support. The online version of Spotlight on Azerbaijan contains a section on media freedom by Rashid Hajili, Chairman of the Media Rights Institute, that was not available for the first print edition. For referencing purposes please use this electronic edition as the primary source. 2 Spotlight on Azerbaijan: Key Recommendations Spotlight on Azerbaijan contains a broad analysis of some of the key governance and human rights challenges Azerbaijan faces, and explores the role and goals of the international community. The publication argues that the Government of Azerbaijan is pursuing a policy of limited modernisation without democratisation. While some legislation and state processes are being improved, the fundamental nature of power in Azerbaijan has not become more plural and in some key areas of human rights and governance the situation is in fact deteriorating. The report therefore makes a series of recommendations for action. Recommendations to the Government of Azerbaijan Reduce the 450-signature requirement to stand as a parliamentary candidate and end ballot manipulation at elections. Re-energise 2011’s anti-corruption drive, improving monitoring and enforcement; open tendering for state contracts and prevent politically connected domination of markets. Prevent abuses of tax inspections. Reform the Judicial-Legal Council to reduce executive influence, reduce accusatory bias in criminal cases to improve the opportunity for acquittal and end politically motivated cases, verdicts and sentencing. Improve the quality of education, qualification and training for defence lawyers, their access to clients, the system of court-appointed defence counsel and the treatment of defenders in political cases. Release all political prisoners and allow the entry of the Council of Europe Special Rapporteur. Allow political protests within proximity to their target audience by approving new venues in central Baku. End police harassment of legal pickets and other political activity. Enforce the statutory timeline for decisions on NGO registration with clear procedures around confirmation or rejection. End bureaucratic harassment and the excessive restrictions on international NGOs. Use the opportunity created by the digital switchover to enable independent channels to broadcast in Azerbaijan. Allow Azerbaijani stations to rebroadcast international content or restore national licences for Radio Free Europe/Radio Liberty, the BBC and VOA. Reform the structures and activities of the National Television and Radio Council, Press Council and the Public Broadcaster to achieve real independence from the government. Improve economic opportunities for independent titles and journalists. Stop the publication of the Press Council Blacklist and the pressure on independent vendors. End politically-motivated harassment or prosecution of independent journalists, bloggers and activists, particularly the use of vague or trumped-up charges such as ‘hooliganism’. Expand broadband capacity dramatically to improve internet access. End the targeting of bloggers, monitoring of private email accounts and criticism of social networking. Speed up progress on equality for women and LGBT Azerbaijanis, while removing intrusive bureaucratic restrictions on freedom of religion. 3 Enforce the legal safeguards in the Law on Expropriation of Land for State Needs to end illegal property expropriation and forced eviction. Reform the unfair compensation system. Strengthen the independence of the office of the ombudsman and implement the National Human Rights Action Plan. Stop using the legacy of the conflict as a means to support authoritarian control and to prevent peace building efforts. Renew efforts to join the WTO and thereby facilitate an EU Deep and Comprehensive Free Trade Agreement to improve competition. Pursue the prudent long-term management of the State Oil Fund. Increase investment in health and education to raise wages and fully fund programmes. Improve employment and skills to stem migration. Recommendations to the international community Ensure that the Government of Azerbaijan delivers reform on the issues set out above and that it fulfils its international obligations on governance and human rights, particularly in the binding commitments it has made to the Council of Europe and European Union. Strengthen EU monitoring and advocacy against its agreed human rights commitments. Improve financial and technical assistance to Azerbaijani civil society. Insist that Azerbaijan makes clearly defined improvements in its human rights performance ahead of its 2014 Council of Europe Chairmanship or face institutional sanctions. Reinvigorate the failing Minsk process and increase awareness of and support for Azerbaijan’s IDP problem. Use future international political, economic, sporting or cultural events in Azerbaijan as an opportunity to push for political reform. Reconsider the appropriateness of Azerbaijan as an Olympic or European Championship host without further reform. 4 Contents Introduction: Spotlight on Azerbaijan 6 Adam Hug, Policy Director, Foreign Policy Centre What our authors say 25 Azerbaijan: From bad to worse 27 Vugar Gojayev, Country Coordinator, Human Rights House-Azerbaijan Rule of Law 33 Monica Martinez, Head Rule of Law, OSCE-Baku Lawyers and advocates in Azerbaijan 35 Michelle Brady, Program Director, American Bar Association Rule of Law Initiative-Azerbaijan Freedom of Media in Azerbaijan 39 Rashid Hajili, Chairman, Media Rights Institute Information and Communication Technology in Azerbaijan 43 Dr Katy E. Pearce, University of Washington Illegal expropriations, forced evictions and house demolitions in Baku 50 Giorgi Gogia, Senior South Caucasus Researcher, Human Rights Watch Nagorno-Karabakh: A traumatic experience that cripples a nation 53 Tabib Huseynov, independent consultant, formerly International Crisis Group Spotlight on the Azerbaijani economy 56 Vugar Bayramov, Chairman, Centre for Economic and Social Development Turkey and Azerbaijan - Friends or foes? 64 Firdevs Robinson, Senior Research Associate, Foreign Policy Centre