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Freedom In The World 2004: Azerbaijan

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  • Freedom In The World 2004: Azerbaijan

    FREEDOM HOUSE:

    FREEDOM IN THE WORLD 2004


    AZERBAIJAN

    Political Rights: 6
    Civil Liberties: 5

    Status: Not Free

    GNI per capita: $710
    Population: 8,200,000
    Life Expectancy: 72

    Religious Groups: Muslim (93 percent), RussianOrthodox (3 percent), Armenian
    Orthodox (2 percent),other (2 percent)

    Ethnic Groups: Azeri (90 percent), Dagestani (3 percent),Russian (3
    percent), Armenian (2 percent), other (2 percent)
    Capital: Baku

    Ratings Change: Azerbaijan's status declined from Partly Free to Not Free
    due to the holding of seriously flawed presidential elections in October and
    a subsequent government crackdown on opposition supporters.

    Ten Year Ratings Timeline [OMMITTED]


    Overview

    The October 15, 2003 presidential election marked the end of an era in
    Azerbaijan, as the ailing President Heydar Aliev, who had long dominated the
    country's political life, withdrew from the race less than two weeks before
    the vote. His son, Ilham, who was widely regarded as his father's preferred
    successor, was voted head of state in an election marred by systematic and
    widespread fraud. The results of the poll sparked public protests and a
    violent police crackdown, followed by the detention of hundreds of
    opposition supporters.

    After having been controlled by the Ottoman Empire since the seventeenth
    century, Azerbaijan entered the Soviet Union in 1922 as part of the
    Transcaucasian Soviet Federal Republic, becoming a separate Soviet republic
    in 1936. Following a referendum in 1991, Azerbaijan declared independence
    from the disintegrating Soviet Union.

    In June 1992, Abulfaz Elchibey, leader of the nationalist opposition
    Azerbaijan Popular Front, was elected president in a generally free and fair
    vote. A military coup one year later ousted him from power and installed the
    former first secretary of the Azerbaijan Communist Party, Heydar Aliev, in
    his place. In the October 1993 presidential elections, Aliev reportedly
    received almost 99 percent of the vote. Azerbaijan's first post-Soviet
    parliamentary elections, held in November 1995, saw five leading opposition
    parties and some 600 independent candidates barred from the vote in which
    Aliev's Yeni Azerbaijan Party (YAP) won the most seats. In October 1998,
    Aliev was chosen president with more than 70 percent of the vote in an
    election characterized by serious irregularities.

    In a widely expected outcome, the ruling YAP captured the majority of seats
    in the November 2000 parliamentary election. The Azerbaijan Popular Front
    and the Communist Party came in a distant second and third, respectively.
    International monitors from the Organization for Security and Cooperation in
    Europe (OSCE) and the Council of Europe cited mass electoral fraud,
    including the stuffing of ballot boxes and a strong pro-government bias in
    state-run media. Despite widespread criticism of the elections, the Council
    of Europe approved Azerbaijan's application for membership just days after
    the vote, a decision widely criticized by international human rights groups.

    An August 2002 national referendum led to the adoption of a series of
    constitutional amendments, some of which critics charged would further
    strengthen the ruling party's grip on power. One particularly controversial
    amendment stipulates that the prime minister becomes president if the head
    of state resigns or is incapacitated. Critics charged that the aging and
    ailing Aliev would appoint his son, Ilham, prime minister in order to
    engineer a transfer of power. Opposition groups and the OSCE charged that
    the referendum was marred by fraud, including ballot-box stuffing,
    intimidation of election monitors and officials, and inflated voter-turnout
    figures of nearly 90 percent.

    Throughout 2002, a number of demonstrations were held to demand various
    political and economic changes, including Aliev's resignation. In June, an
    unarmed protestor was shot and killed by police in the town of Nardaran, the
    first time that such a tragedy had occurred since Azerbaijan's independence
    more than a decade ago. The government blamed the riots on radical Islamic
    groups, although residents insisted that the authorities used these
    accusations as a pretext to repress dissent. In April 2003, 15 individuals
    arrested in Nardaran in 2002 were found guilty of fomenting the unrest and
    given prison terms or suspended sentences; during the year, the four
    defendants who had been imprisoned were pardoned and released.

    In the months preceding the October 15, 2003 presidential elections, the
    political atmosphere was marked by uncertainty over Aliev's declining health
    and its ramifications for his reelection bid. The 80-year old Aliev, who had
    a history of heart trouble, collapsed during a live television broadcast in
    April and left Azerbaijan that summer to receive medical treatment in Turkey
    and the United States. At the same time, government officials continued to
    deny that his health problems were serious, and he remained the official YAP
    candidate for the presidential election.

    Heydar Aliev's son, Ilham, was officially nominated as a presidential
    candidate in June by a group of residents from the autonomous exclave of
    Nakhichevan, the home territory of the Aliev family. He was appointed prime
    minister in August, but took a leave of absence from his post just days
    after being appointed so that he could legally run for president (the
    election code prohibits a serving prime minister from running for
    president). On October 2, the elder Aliev withdrew his candidacy in favor of
    his son's.

    Final figures released by the Central Election Commission showed Ilham Aliev
    defeating seven challengers with nearly 77 percent of the vote. His closest
    rival, opposition Musavat Party leader Isa Gambar, received only 14 percent
    of the vote, while six other candidates received less than 4 percent each.
    According to OSCE observers, the election was marred by widespread fraud and
    failed to meet international standards for democratic elections. Among the
    irregularities noted were partisan election commissions favoring the
    governing party and its supporters; the failure of authorities to adequately
    implement a new electoral code; the use of flawed procedures to deny
    registration to several potential candidates; serious flaws in the counting
    and tabulation of votes; limitations on election observation by domestic
    civic groups; and biased media coverage favoring Ilham Aliev.

    Meanwhile, the authorities' obstruction of many opposition rallies and the
    beating and arrest of hundreds of opposition activists overshadowed much of
    the campaign and election period. After violent clashes between security
    forces and demonstrators in Baku on October 15 and 16, in which at least one
    person was reportedly killed and several hundred were injured, the
    authorities unleashed a crackdown against the opposition in which more than
    600 people were detained. Among those arrested were opposition party leaders
    and supporters who had not been directly involved in the preceding days'
    violence, along with many election officials who refused to certify
    fraudulent election results.

    In a region of the world wracked by years of instability, the ramifications
    of Ilham's victory are being watched closely by both domestic and
    international observers. A post-election challenge for Ilham, who is
    described as lacking his father's commanding presence, will be consolidating
    his power base among the ruling elite. At the same time, Aliev is expected
    to continue many of his father's economic policies, including supporting the
    lucrative Baku-Ceyhan oil pipeline, a key energy project for the West.

    A lasting settlement for the disputed territory of Nagorno-Karabakh, over
    which Armenia and Azerbaijan fought in the early 1990s, remained elusive
    during the year. The region, which is formally part of Azerbaijan, is now
    predominantly ethnic Armenian and effectively under Armenian control.
    Several violations of the 1994 ceasefire occurred during the summer of 2003,
    although they did not erupt into full-scale fighting.

    Political Rights and Civil Liberties

    Citizens of Azerbaijan cannot change their government democratically. The
    country's constitution provides for a strong presidency, and in practice
    parliament exercises little independence from the executive branch. The
    1993, 1998, and 2003 presidential and 1995 and 2000 parliamentary elections
    were considered neither free nor fair by international observers. Amendments
    to the constitution, adopted in a 2002 referendum, included a provision
    replacing the proportional-representation system, under which one-fifth of
    the members of parliament were elected, with single-mandate constituency
    races, under which the remaining four-fifths of parliament were already
    chosen. Opposition parties argued that the proportional system was the only
    way for them to participate in elections, since most lack nationwide
    organizations.

    More than 40 political parties are registered. However, most opposition
    parties are weak and are based on personalities rather than political
    platforms, and they have been unable to unite in lasting alliances to
    challenge the government. Hundreds of opposition activists and leaders were
    detained by police in the weeks surrounding the October 2003 presidential
    election.

    Corruption is endemic throughout Azerbaijani society, with government
    officials rarely held accountable for engaging in corrupt practices.
    Transparency International's 2003 Corruption Perceptions Index ranked
    Azerbaijan 124 out of 133 countries surveyed.

    Although the constitution guarantees freedom of speech and the press,
    journalists who publish articles critical of the president or other
    prominent state officials are routinely harassed and prosecuted, and
    self-censorship is common. State-owned newspapers and broadcast media
    reflect the position of the government. Independent and opposition papers
    struggle financially in the face of low circulation, limited advertising
    revenues, and heavy fines or imprisonment of their staff. In March, 400
    delegates from some 170 print media outlets gathered to establish a press
    council to address ongoing pressures faced by the country's media. However,
    an alliance of six other publications boycotted the meeting over concerns
    that the selection of members to the council had not been conducted
    transparently. Libel is a criminal offense. In early 2003, Elmar Huseynov,
    editor-in-chief of the independent Monitor magazine, was convicted of libel
    in connection with an article he wrote about the prevalence of corruption in
    Azerbaijan, including comparisons of the government with the Sicilian mafia.
    Huseynov has been targeted with legal harassment for several years over his
    criticisms of government policies.

    During the run-up and aftermath of the 2003 presidential election,
    journalists suffered increased intimidation and attacks, including physical
    assaults while reporting on political opposition rallies. Other restrictions
    on the nonstate media included editorial interference and lawsuits for
    criticizing government officials. Rauf Arifoglu, editor of the opposition
    Yeni Musavat newspaper, was arrested for allegedly organizing public
    demonstrations on October 16 and sentenced to three months in prison; he
    remained in detention as of November 30.

    The government restricts some religious activities of members of
    "nontraditional" minority religious groups through burdensome registration
    requirements and interference in the import and distribution of printed
    religious materials. Islam, Russian Orthodoxy, and Judaism are considered
    traditional religions, and their members can generally worship freely.

    Some faculty members and students reportedly were pressured to support
    governing-party candidates in the 2003 presidential election and were
    instructed to attend pro-government events, according to an OSCE report. A
    number of teachers were allegedly targeted for reduced work hours or
    dismissal in connection with their membership in opposition political
    parties, according to the 2003 U.S. State Department human rights report.
    Security services are believed to monitor some telephone conversations and
    Internet traffic, particularly of prominent political and business figures,
    according to the U.S. State Department report.

    The government frequently restricts freedom of assembly, particularly for
    political parties critical of the government. Although a number of political
    demonstrations took place without incident during the weeks surrounding the
    2003 presidential election, local authorities frequently obstructed
    opposition rallies and beat and arbitrarily arrested many participants of
    unauthorized protests. Police assaulted dozens of party leaders,
    journalists, and others at a peaceful campaign event on September 21 in
    Baku. On the eve of the election, security forces attacked peaceful
    protestors who had gathered in front of the headquarters of the opposition
    Musavat Party. The following day, several thousand people gathered at an
    unsanctioned rally at Azadliq Square in Baku to protest preliminary election
    figures. After some of the participants began beating security officers and
    damaging government buildings, police and military troops used excessive
    force to disperse the demonstrators, killing at least one person and
    injuring several hundred others. As of November 30, the government had not
    arrested any law enforcement officials or announced the findings of an
    investigation in connection with the violent disturbances.

    Registration with the Ministry of Justice is required for a nongovernmental
    organization (NGO) to function as a legal entity, and the registration
    process has been described as cumbersome and nontransparent. Amendments
    adopted in 2003 to NGO laws further complicated requirements for registering
    grants. In 2003, several leading human rights defenders, including Eldar
    Zeynalov, the chair of the Human Rights Center of Azerbaijan, were subjected
    to harassment and intimidation believed to be state-sanctioned. Although the
    law permits the formation of trade unions and the right to strike, the
    majority of trade unions remain closely affiliated with the government, and
    most major industries are state-owned. There is no effective collective
    bargaining system between unions and management representatives.

    The judiciary is subservient to the executive branch and is corrupt and
    inefficient. Arbitrary arrest and detention are common, particularly for
    members of the political opposition. Detainees are often held for long
    periods before trial, and their access to lawyers is restricted. Police
    abuse of suspects during arrest and interrogation reportedly remains
    commonplace, with torture sometimes used to extract confessions. According
    to a report by Human Rights Watch, law enforcement officials tortured many
    of those detained in the post-October 2003 election crackdowns against the
    political opposition. The group also documented many more cases of police
    beatings during the 2003 presidential campaign than during the 2000
    parliamentary election campaign. Local human rights groups maintain that
    more than 100 political prisoners are held in detention throughout the
    country. Prison conditions are reportedly harsh and even life-threatening,
    with many inmates suffering from overcrowding and inadequate medical care.

    Some members of ethnic minority groups, including the small Armenian
    population, have complained of discrimination in areas including education,
    employment, and housing. Hundreds of thousands of ethnic Azeris who fled the
    war in NagornoKarabakh have been prevented by the Armenian government from
    returning to their homes and remain in Azerbaijan, often living in appalling
    conditions.

    Significant parts of the economy are in the hands of a corrupt elite, which
    severely limits equality of opportunity. Supporters of the political
    opposition face job discrimination, demotion, or dismissal. In 2003, Human
    Rights Watch documented more than 100 cases in which opposition supporters
    or their relatives were fired from their jobs because of their opposition
    activities. Traditional societal norms and poor economic conditions restrict
    women's professional roles; there are 12 women in the country's 125-seat
    parliament. Domestic violence is a problem, and there are no laws regarding
    spousal abuse. Azerbaijan is a country of origin and a transit point for the
    trafficking of women for prostitution.

    ---
    http://www.freedomhouse.org/research/freeworld/2004/countryratings/azerbaija
    n.htm
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