By Kenan Aliyev and Khadija Ismaylova
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| Journalists tried to picket the Council of
Europe's offices in March to demand the release of three colleagues |
| (RFE/RL) |
It's been more than seven years since
Azerbaijan joined the Council of Europe, the continent's preeminent
organization for promoting human rights and democracy. At the time of its
admission, the move was hailed as a sign that Azerbaijan had graduated from
the post-Soviet doldrums and taken a critical step closer to the league of
Western states. Now, however, many question the usefulness of the Council of
Europe to the country's democratic development.
The agenda of the Parliamentary Assembly of the
Council of Europe's (PACE) annual summer session in Strasbourg on June 24
included a discussion of a report by the organization's Monitoring Committee
on Baku's human rights commitments to the council. Its resolution
accompanying that session warned that Azerbaijan's strictures on free
expression, assembly, and association were "inadmissible in a Council of
Europe member state."
It is ironic that nearly eight years later, PACE is
still debating the commitments of a full member.
There is much to discuss. Three Azerbaijani journalists are currently in
prison, as are dozens of documented political prisoners. (On June 24, the
assembly demanded the release of opposition journalists Qanimat Zahid, Sakit
Zahidov, and Eynulla Fatullayev, along with those of five others "seen as
political prisoners").
Devolving election laws have left the country with a grossly uneven
playing field; not a single ballot since Azerbaijan's independence has met
international standards of freedom and fairness. (This week, the assembly
highlighted a "deteriorating" rights situation that risked "undermining any
efforts being made by the authorities to meet basic democratic standards" in
a presidential election set for October.)
All of these outrages, and others, have occurred in full view of the
Council of Europe.
We know that because the Monitoring Committee's report details the
failures, and few successes, in full. "When joining the Council of Europe in
2001, Azerbaijan clearly opted for European standards with respect to
democracy, rule of law, and human rights." While noting that a number of
reforms are under way, the report expresses concern about the deteriorating
human rights situation and its harmful effects on democratization efforts.
Better Off Today?
Given Azerbaijan's protracted poor performance on advancing basic
freedoms, human rights, and democracy, the question naturally arises: What
is the Council of Europe doing, and what does membership in the organization
mean?
Fuad Mustafayev, the deputy chairman of the opposition Popular Front
Party, has said Azerbaijan was a better place to live before it joined the
council: "Across every indicator, things have only gotten worse. There is
less rule of law, less personal security, less political freedom, worse
educational institutions, and less hope in a bright future for our kids. All
this has happened under the gaze of the council. So what did membership
achieve? What was it for? It may have garnered some prestige and
respectability for the country's leaders, but for most of the country's
ordinary people, it's gotten us nothing."
It should be noted that some improvements have taken place in Azerbaijan
as a result of its membership of the Council of Europe. Some aspects of the
country's penal system have been tweaked; most notably, Azerbaijani citizens
now enjoy the right of appeal to the European Court of Human Rights. The
judiciary, however, remains corrupt and weak. And in a country of 8 million
people, the presence of only 800 licensed lawyers raises questions about
Azerbaijan's ability to build a country where laws and accountability
govern.
Azerbaijan was recently been singled out by the global rights watchdog
Freedom House for using its mounting energy wealth to suppress democracy in
favor of a strongly centralized state. In 2002, a year after Baku joined the
Council of Europe, Freedom House classified Azerbaijan as "partly free" in
its maiden "Freedom in the World" report. By 2005 -- following a reverse
trajectory than most Council of Europe newcomers -- Azerbaijan had been
downgraded to "not free." It has remained there ever since. The 2007 report
cites a "decline in press freedom, including President [Ilham] Aliyev's
increasingly tight grip on the media," for the downward trend exemplified by
its most recent rating.
Plain To See
Reports by international human rights organizations merely confirm the
fact that Azerbaijan is backsliding into authoritarianism. The country has
seen marked declines in key areas like political freedom. Political party
offices have been raided, leaving all but ruling parties without even basic
conditions for operation. Authorities have banned rallies in Baku's city
center, the courts operate under the shadow of the government, and
corruption is growing worse by the day.
Media freedom has deteriorated dramatically. Azerbaijan has broken
records in terms of the number of journalists to be attacked or arrested.
The press watchdog Reporters Without Borders has labeled President Aliyev a
"predator" of the media. Just days before the PACE session, a correspondent
with the "Azadliq" independent newspaper, Aqil Xalil, was denied permission
to leave the country; it was the latest move in what is widely seen as an
orchestrated campaign against him. A media activist was brutally beaten in
police custody after participating in a gathering commemorating Che Guevara.
He remains hospitalized in poor condition.
The Monitoring Committee addresses such issues in its report, saying,
"Restrictions on the freedom of expression, the harassment and intimidation
of opposition journalists through defamation court proceedings,
imprisonment, physical attacks and threats, and limitations of the right to
freedom of assembly and association are matters of great concern which the
assembly considers inadmissible in a Council of Europe member state."
The Council of Europe has offered such stern words on numerous occasions,
but little actual persuasion to change. It has even failed to intervene
effectively on the Nagorno-Karabakh conflict, allowing Armenian and
Azerbaijani lawmakers to appropriate their PACE sessions, turning them into
battlefields to prove their patriotism to domestic audiences at home.
The president of PACE, Lluis Maria de Puig, is scheduled to visit Baku
next week. Will he continue to perpetuate a bureaucratic process that has
done very little to concretely advance freedom, rule of law, and democracy
in Azerbaijan? Or will he raise the issues of imprisoned journalists,
brutalized political activists, falsified elections, and eviscerated
political parties?
Perhaps more importantly, what will he say about Azerbaijan's election
slated for October, when Aliyev will seek a second presidential term? "The
Parliamentary Assembly considers the forthcoming ballot to be crucial for
Azerbaijan's democratic credibility," the Monitoring Committee notes in its
report. "Azerbaijan cannot afford to fall short again in meeting Council of
Europe commitments and standards for democratic elections." But the vote is
a test not only for the Azerbaijani government. It is one for the council's
competence as well.
Kenan Aliyev is the director of RFE/RL's Azerbaijani Service. Khadija
Ismaylova is a correspondent in RFE/RL's Baku bureau. The views expressed in
this commentary are the authors' own and do not necessarily reflect those of
RFE/RL
Copyright (c) 2008 RFE/RL, Inc. Reprinted with the permission of Radio Free Europe/Radio Liberty, 1201 Connecticut Ave., N.W. Washington DC 20036. www.rferl.org
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