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U.S.-AZERBAIJAN RELATIONS: THE DEMOCRACY AND HUMAN RIGHTS DIMENSION
US Department of State
June 11 2014
Testimony
Thomas O. Melia
Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor
Written Testimony to the Commission on Security and Cooperation in
Europe (U.S. Helsinki Commission)
Washington, DC
June 11, 2014
Mr. Chairman, Members of the Commission, thank you for inviting me to
speak to you today about the democracy and human rights dimension of
U.S.-Azerbaijan relations in advance of your visit to Baku later this
month for the OSCE Parliamentary Assembly Annual Session. My colleagues
at the State Department and I greatly appreciate the dedication of
you and your fellow Commissioners and your staff to the OSCE and its
institutions - especially to the enduring principles enshrined in the
Helsinki Final Act and the body of commitments that comprise the OSCE's
"human dimension." We also greatly value our regular consultations
with you and your staff.
I would like to start by referring to a key principle of the OSCE,
as set forth in the 1991 "Moscow Document" and notably reaffirmed
in the 2010 Astana Summit Declaration, in which OSCE participating
States agreed unanimously that:
"issues relating to human rights, fundamental freedoms, democracy
and the rule of law are of international concern, as respect for
these rights and freedoms constitutes one of the foundations of the
international order. They categorically and irrevocably declare that
the commitments undertaken in the field of the human dimension of the
OSCE are matters of direct and legitimate concern to all participating
States and do not belong exclusively to the internal affairs of the
State concerned."
This concept linking respect for human rights within states to lasting
security among states is reflected in our multilateral interactions
and in our bilateral relationships with all OSCE participating States,
including Azerbaijan. It forms the basis on which the United States
continues to support efforts to advance democracy worldwide. In
Azerbaijan, this constitutes one of three equally important core goals,
which Deputy Assistant Secretary Rubin has just spoken to. U.S.
officials at all levels in Baku and Washington regularly highlight
the importance of respect for human rights and fundamental freedoms,
rule of law, and other basic building blocks of democracy, publicly
and privately. U.S. officials regularly meet with a variety of
Azerbaijanis, ranging from government officials to civil society
activists and opposition political party representatives.
While serving as Deputy Assistant Secretary of State, I have visited
Azerbaijan three times, holding valuable meetings with leading
government officials, including President Ilham Aliyev, as well as with
opposition political leaders, civil society actors, and journalists. I
have been joined on these missions to Azerbaijan, as well as to other
countries, by senior colleagues from the Department of State's European
and Eurasian Affairs Bureau, USAID, and the Department of Justice. I
believe these are important opportunities to listen to Azerbaijanis
inside and outside of government, to share with them our thoughts,
and to demonstrate that we do care about all three dimensions of the
relationship. Indeed, I would like to visit Azerbaijan again soon to
continue these conversations.
The United States also provides assistance to support Azerbaijan's
democratic development efforts, with an emphasis on support for civil
society, independent media, and rule of law. The largest part of this
assistance is provided by our colleagues at USAID, and we in the State
Department work very closely with them to ensure that these programs
are neatly lined up with our overall policy priorities. Similarly, we
work closely in Washington and Baku with the legal experts provided by
the Department of Justice in the Overseas Prosecutorial Development
Assistance and Training program. Our inter-agency partnership is
working very well.
Just two weeks ago, on May 28, Azerbaijan celebrated the 96th
anniversary of the day in 1918 on which it became the first majority
Muslim, democratic republic in the world. The Azerbaijan Democratic
Republic lasted only 23 months, until it was invaded by the Soviet Red
Army and forcibly incorporated into the nascent Soviet Union, where
it remained captive for more than seven decades. Since Azerbaijan
regained its independence in 1991, it has begun to modernize, and
its people have become more integrated into the wider world.
With regard to building democratic institutions and developing
democratic norms, Azerbaijan has taken some positive steps. For
example, it established six administrative government service centers
in Baku and the regions (known as "ASAN," which means "easy" in
Azeri) intended to eliminate corruption by public officials at the
local level. More broadly, however, we have been seeing increasing
constraints on fundamental freedoms that increase the risk of domestic
instability, undermine confidence the rule of law will be respected,
and prevent Azerbaijanis from reaching their full potential.
Five years ago, it was already difficult for advocates of democratic
reform - especially opposition political parties - to participate in
the political life of the country, but it was still possible for NGOs
and independent activists to operate. The environment has worsened
significantly since then, beginning with the 2009 incarceration of
young democracy activists Emin Milli and Adnan Hajizade. Although they
were released in 2010, the suppression of peaceful dissent increased
in 2011, with the arrests of young Azerbaijani activists who sought
to organize peaceful pro-democracy rallies in Baku. The Milli Mejlis
(Azerbaijan's parliament) passed legislation significantly increasing
fines on participants and organizers of unauthorized protests in
November 2012, which resulted in the detention of numerous peaceful
pro-democracy activists for baseless administrative violations. Since
early 2013, the space for peaceful dissent has narrowed more
dramatically, and the exercise of fundamental freedoms has become still
more tenuous. A number of leading peaceful democracy advocates, civil
society activists, and journalists have been incarcerated, including
presidential candidate and chairman of the democratic reform-oriented
REAL Movement, Ilgar Mammadov; opposition journalist and Musavat Party
Deputy Chairman Tofig Yagublu; members of democratic youth movements;
blogger Abdul Abilov; religious scholar and activist Taleh Bagirzade;
Khural Editor Avaz Zeynalli; and the chairman of NDI's local election
monitoring partner, the Election Monitoring and Democracy Studies
Center (EMDS), Anar Mammadli.
Additionally, two rounds of legislative amendments since March 2013
have restricted NGO funding and activity. Officials have pressured
Azerbaijani and international NGOs, including some USAID implementing
partners, which in some cases have been subject to investigations
by the tax and justice ministries. Authorities also launched a
criminal investigation of EMDS - which has been a recipient of
USAID and European assistance - and another election monitoring NGO,
the International Cooperation of Volunteers (ICV) Public Union, soon
after the flawed October 2013 presidential election. Such actions have
resulted in an increasingly hostile operating environment for civil
society, especially for those activists and groups advocating respect
for human rights, fundamental freedoms, and government accountability;
thereby depriving citizens the open channels through which they
can voice their concerns. Pressure on independent defense lawyers
has resulted in a decreasing number of such lawyers ready to defend
individuals in sensitive cases.
Restrictions on the ability of selected Azerbaijani activists to travel
outside of the country are also a problem, calling into question
the extent of the government's commitment to freedom of movement, a
founding tenet of the OSCE. For example, since 2006, the government
has prevented the foreign travel of opposition Popular Front Party
Chairman Ali Karimli by refusing to renew his passport.
Today in Bern, the OSCE's Office for Democratic Institutions and Human
Rights is discussing the important role of human rights defenders
in OSCE participating States. Sadly, one of Azerbaijan's leading
human rights defenders, Leyla Yunus, was unable to attend the event,
because Azerbaijan's authorities confiscated her passport - as well as
her husband's - in April. This confiscation occurred in the context
of the April 19 arrest of well-known journalist Rauf Mirkadirov,
the subsequent questioning of Leyla Yunus and her husband about
Mirkadirov, and their poor treatment by police authorities. All three
have been strong proponents of people-to-people diplomacy, which helps
build ties between Azerbaijanis and Armenians and is crucial to the
peaceful resolution of the Nagorno-Karabakh conflict. The peaceful
resolution of this conflict will open borders, increase security,
and create new opportunities to trade, travel, and engage across the
region. Authorities also have prevented some in the international
human rights community from visiting or returning to Azerbaijan.
These are not the kinds of actions the United States or the broader
international community wants to see from a partner, an OSCE
participating State, and currently the chair of the Committee of
Ministers of the Council of Europe.
When President Obama spoke last month at the West Point commencement,
he explained that:
"America's support for democracy and human rights goes beyond idealism
-- it is a matter of national security. Democracies are our closest
friends and are far less likely to go to war. Economies based on free
and open markets perform better and become markets for our goods.
Respect for human rights is an antidote to instability and the
grievances that fuel violence and terror.
And he noted that,
"In capitals around the globe -- including, unfortunately, some of
America's partners -- there has been a crackdown on civil society."
We recognize that Azerbaijan lives in a very difficult neighborhood
and that its government seeks stability. The United States strongly
supports Azerbaijan's long-term stability, security, and prosperity.
The best way to guarantee such a future is to strengthen democratic
processes and institutions to buttress respect for the rule of law
and fundamental freedoms. Doing so will foster long-term internal
stability, create the most inviting environment for economic investment
and growth, and make Azerbaijan the very best that it can be, by
giving every citizen the freedom and space to achieve his or her
full potential, thereby maximizing the contributions of all of its
people. We consider this to be in both the short-term and the long-term
interests of both the people and the government of Azerbaijan. The
U.S. Embassy in Baku and we in Washington have been active on these
issues and have made these points. For example, Ambassador Morningstar
has been doing an outstanding job in advocating publicly as well as
privately for an environment conducive to a vibrant civil society
and in raising specific impediments to such an environment.
The United States believes that Azerbaijan will have greater stability
and prosperity, and will more quickly reach its full potential, by
allowing a more open society. We therefore will continue to support
Azerbaijani efforts to advance the country's democratic potential,
including respect for rule of law, human rights, and fundamental
freedoms. We will continue to urge Azerbaijan to live up to its OSCE
commitments and other international human rights obligations. We will
also encourage Azerbaijan to take advantage of its chairmanship of
the Council of Europe to take concrete steps on important democracy
and human rights issues. The positive changes we advocate would
benefit both the people and the government of Azerbaijan. Such changes
would also make it easier for us to expand and deepen our bilateral
relationship, since our strongest relationships are with democratic
states that respect the full range of human rights of all of their
citizens.
As President Obama indicated in his recent message marking Azerbaijan's
National Day, and to return to where I began, we encourage Azerbaijan
to reclaim the leadership role on human rights and fundamental freedoms
that its people and government demonstrated 96 years ago.
Thank you again, Mr. Chairman, for this opportunity to discuss
democracy and human rights trends in Azerbaijan and our overall
bilateral relationship.
US Department of State
June 11 2014
Testimony
Thomas O. Melia
Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor
Written Testimony to the Commission on Security and Cooperation in
Europe (U.S. Helsinki Commission)
Washington, DC
June 11, 2014
Mr. Chairman, Members of the Commission, thank you for inviting me to
speak to you today about the democracy and human rights dimension of
U.S.-Azerbaijan relations in advance of your visit to Baku later this
month for the OSCE Parliamentary Assembly Annual Session. My colleagues
at the State Department and I greatly appreciate the dedication of
you and your fellow Commissioners and your staff to the OSCE and its
institutions - especially to the enduring principles enshrined in the
Helsinki Final Act and the body of commitments that comprise the OSCE's
"human dimension." We also greatly value our regular consultations
with you and your staff.
I would like to start by referring to a key principle of the OSCE,
as set forth in the 1991 "Moscow Document" and notably reaffirmed
in the 2010 Astana Summit Declaration, in which OSCE participating
States agreed unanimously that:
"issues relating to human rights, fundamental freedoms, democracy
and the rule of law are of international concern, as respect for
these rights and freedoms constitutes one of the foundations of the
international order. They categorically and irrevocably declare that
the commitments undertaken in the field of the human dimension of the
OSCE are matters of direct and legitimate concern to all participating
States and do not belong exclusively to the internal affairs of the
State concerned."
This concept linking respect for human rights within states to lasting
security among states is reflected in our multilateral interactions
and in our bilateral relationships with all OSCE participating States,
including Azerbaijan. It forms the basis on which the United States
continues to support efforts to advance democracy worldwide. In
Azerbaijan, this constitutes one of three equally important core goals,
which Deputy Assistant Secretary Rubin has just spoken to. U.S.
officials at all levels in Baku and Washington regularly highlight
the importance of respect for human rights and fundamental freedoms,
rule of law, and other basic building blocks of democracy, publicly
and privately. U.S. officials regularly meet with a variety of
Azerbaijanis, ranging from government officials to civil society
activists and opposition political party representatives.
While serving as Deputy Assistant Secretary of State, I have visited
Azerbaijan three times, holding valuable meetings with leading
government officials, including President Ilham Aliyev, as well as with
opposition political leaders, civil society actors, and journalists. I
have been joined on these missions to Azerbaijan, as well as to other
countries, by senior colleagues from the Department of State's European
and Eurasian Affairs Bureau, USAID, and the Department of Justice. I
believe these are important opportunities to listen to Azerbaijanis
inside and outside of government, to share with them our thoughts,
and to demonstrate that we do care about all three dimensions of the
relationship. Indeed, I would like to visit Azerbaijan again soon to
continue these conversations.
The United States also provides assistance to support Azerbaijan's
democratic development efforts, with an emphasis on support for civil
society, independent media, and rule of law. The largest part of this
assistance is provided by our colleagues at USAID, and we in the State
Department work very closely with them to ensure that these programs
are neatly lined up with our overall policy priorities. Similarly, we
work closely in Washington and Baku with the legal experts provided by
the Department of Justice in the Overseas Prosecutorial Development
Assistance and Training program. Our inter-agency partnership is
working very well.
Just two weeks ago, on May 28, Azerbaijan celebrated the 96th
anniversary of the day in 1918 on which it became the first majority
Muslim, democratic republic in the world. The Azerbaijan Democratic
Republic lasted only 23 months, until it was invaded by the Soviet Red
Army and forcibly incorporated into the nascent Soviet Union, where
it remained captive for more than seven decades. Since Azerbaijan
regained its independence in 1991, it has begun to modernize, and
its people have become more integrated into the wider world.
With regard to building democratic institutions and developing
democratic norms, Azerbaijan has taken some positive steps. For
example, it established six administrative government service centers
in Baku and the regions (known as "ASAN," which means "easy" in
Azeri) intended to eliminate corruption by public officials at the
local level. More broadly, however, we have been seeing increasing
constraints on fundamental freedoms that increase the risk of domestic
instability, undermine confidence the rule of law will be respected,
and prevent Azerbaijanis from reaching their full potential.
Five years ago, it was already difficult for advocates of democratic
reform - especially opposition political parties - to participate in
the political life of the country, but it was still possible for NGOs
and independent activists to operate. The environment has worsened
significantly since then, beginning with the 2009 incarceration of
young democracy activists Emin Milli and Adnan Hajizade. Although they
were released in 2010, the suppression of peaceful dissent increased
in 2011, with the arrests of young Azerbaijani activists who sought
to organize peaceful pro-democracy rallies in Baku. The Milli Mejlis
(Azerbaijan's parliament) passed legislation significantly increasing
fines on participants and organizers of unauthorized protests in
November 2012, which resulted in the detention of numerous peaceful
pro-democracy activists for baseless administrative violations. Since
early 2013, the space for peaceful dissent has narrowed more
dramatically, and the exercise of fundamental freedoms has become still
more tenuous. A number of leading peaceful democracy advocates, civil
society activists, and journalists have been incarcerated, including
presidential candidate and chairman of the democratic reform-oriented
REAL Movement, Ilgar Mammadov; opposition journalist and Musavat Party
Deputy Chairman Tofig Yagublu; members of democratic youth movements;
blogger Abdul Abilov; religious scholar and activist Taleh Bagirzade;
Khural Editor Avaz Zeynalli; and the chairman of NDI's local election
monitoring partner, the Election Monitoring and Democracy Studies
Center (EMDS), Anar Mammadli.
Additionally, two rounds of legislative amendments since March 2013
have restricted NGO funding and activity. Officials have pressured
Azerbaijani and international NGOs, including some USAID implementing
partners, which in some cases have been subject to investigations
by the tax and justice ministries. Authorities also launched a
criminal investigation of EMDS - which has been a recipient of
USAID and European assistance - and another election monitoring NGO,
the International Cooperation of Volunteers (ICV) Public Union, soon
after the flawed October 2013 presidential election. Such actions have
resulted in an increasingly hostile operating environment for civil
society, especially for those activists and groups advocating respect
for human rights, fundamental freedoms, and government accountability;
thereby depriving citizens the open channels through which they
can voice their concerns. Pressure on independent defense lawyers
has resulted in a decreasing number of such lawyers ready to defend
individuals in sensitive cases.
Restrictions on the ability of selected Azerbaijani activists to travel
outside of the country are also a problem, calling into question
the extent of the government's commitment to freedom of movement, a
founding tenet of the OSCE. For example, since 2006, the government
has prevented the foreign travel of opposition Popular Front Party
Chairman Ali Karimli by refusing to renew his passport.
Today in Bern, the OSCE's Office for Democratic Institutions and Human
Rights is discussing the important role of human rights defenders
in OSCE participating States. Sadly, one of Azerbaijan's leading
human rights defenders, Leyla Yunus, was unable to attend the event,
because Azerbaijan's authorities confiscated her passport - as well as
her husband's - in April. This confiscation occurred in the context
of the April 19 arrest of well-known journalist Rauf Mirkadirov,
the subsequent questioning of Leyla Yunus and her husband about
Mirkadirov, and their poor treatment by police authorities. All three
have been strong proponents of people-to-people diplomacy, which helps
build ties between Azerbaijanis and Armenians and is crucial to the
peaceful resolution of the Nagorno-Karabakh conflict. The peaceful
resolution of this conflict will open borders, increase security,
and create new opportunities to trade, travel, and engage across the
region. Authorities also have prevented some in the international
human rights community from visiting or returning to Azerbaijan.
These are not the kinds of actions the United States or the broader
international community wants to see from a partner, an OSCE
participating State, and currently the chair of the Committee of
Ministers of the Council of Europe.
When President Obama spoke last month at the West Point commencement,
he explained that:
"America's support for democracy and human rights goes beyond idealism
-- it is a matter of national security. Democracies are our closest
friends and are far less likely to go to war. Economies based on free
and open markets perform better and become markets for our goods.
Respect for human rights is an antidote to instability and the
grievances that fuel violence and terror.
And he noted that,
"In capitals around the globe -- including, unfortunately, some of
America's partners -- there has been a crackdown on civil society."
We recognize that Azerbaijan lives in a very difficult neighborhood
and that its government seeks stability. The United States strongly
supports Azerbaijan's long-term stability, security, and prosperity.
The best way to guarantee such a future is to strengthen democratic
processes and institutions to buttress respect for the rule of law
and fundamental freedoms. Doing so will foster long-term internal
stability, create the most inviting environment for economic investment
and growth, and make Azerbaijan the very best that it can be, by
giving every citizen the freedom and space to achieve his or her
full potential, thereby maximizing the contributions of all of its
people. We consider this to be in both the short-term and the long-term
interests of both the people and the government of Azerbaijan. The
U.S. Embassy in Baku and we in Washington have been active on these
issues and have made these points. For example, Ambassador Morningstar
has been doing an outstanding job in advocating publicly as well as
privately for an environment conducive to a vibrant civil society
and in raising specific impediments to such an environment.
The United States believes that Azerbaijan will have greater stability
and prosperity, and will more quickly reach its full potential, by
allowing a more open society. We therefore will continue to support
Azerbaijani efforts to advance the country's democratic potential,
including respect for rule of law, human rights, and fundamental
freedoms. We will continue to urge Azerbaijan to live up to its OSCE
commitments and other international human rights obligations. We will
also encourage Azerbaijan to take advantage of its chairmanship of
the Council of Europe to take concrete steps on important democracy
and human rights issues. The positive changes we advocate would
benefit both the people and the government of Azerbaijan. Such changes
would also make it easier for us to expand and deepen our bilateral
relationship, since our strongest relationships are with democratic
states that respect the full range of human rights of all of their
citizens.
As President Obama indicated in his recent message marking Azerbaijan's
National Day, and to return to where I began, we encourage Azerbaijan
to reclaim the leadership role on human rights and fundamental freedoms
that its people and government demonstrated 96 years ago.
Thank you again, Mr. Chairman, for this opportunity to discuss
democracy and human rights trends in Azerbaijan and our overall
bilateral relationship.