[governance] Re: Draft IGC Statement [Azerbaijan and Human Rights]

Salanieta T. Tamanikaiwaimaro salanieta.tamanikaiwaimaro at gmail.com
Sun Jul 8 08:17:19 EDT 2012


Dear IGC,

Hoping that you saw that the link has changed to
http://www.igcaucus.org/digressit/archives/73   as Izumi pointed out and
was due to a bug in the system which has now been resolved.

Kind Regards,


On Sun, Jul 8, 2012 at 6:26 AM, Salanieta T. Tamanikaiwaimaro <
salanieta.tamanikaiwaimaro at gmail.com> wrote:

> Dear All,
>
> Following AYEs from Sonigitu Ekpe,  Louis Pouzin, Divina Meigs, Ronald
> Koven, Narine Kachatryan, Wolfgang Benedek, Wolfgang Kleinwachter,
> Christopher Wilkinson, Mathias Ketteman, Gorka Orueta, International
> lvssion, Jean-Louis Fullsack, Ginger Paque, Shaila Mistry, Izumi Aizu and
> no NAYs, I have composed a first Draft Statement which is on the IGC site.
>
> The Draft Statement is available for your comments and edits via
> http://www.igcaucus.org/digressit/?p=61  This will mean that you can
> comment on each sentence and paragraph specifically and see others comments
> as well for ease of drafting. We will be using the Statement Workspace to
> gather feedback etc. Looking forward to your comments and input.
>
> The Draft Statement reads as follows:-
>
> The *Civil Society Internet Governance Caucus* wishes to express its
> grave concern over the reports[1] of violation of human rights of civil
> society in Azerbaijan.
>
> We note that the Commissioner for Human Rights of the Council of Europe,
> Thomas Hammarberg had in September 2011 (CommDH(2011)33) made a series of
> observations and recommendations[2] such as the need to strengthen and
> protect Human Rights in Azerbaijan which included things like
> decriminalizing defamation, allowing civil society to operate without
> restrictions, the arrests of journalists and those with differing political
> perspectives. We affirm these recommendations.
>
>
> Whilst Azerbaijan is a non member state of the United Nations Human Rights
> Council, it was encouraging to note the commitment made by the Government
> of Azerbaijan on the 29 June 2012 at the 20th Session of the United
> Nations Human Rights Council in Geneva vide A/HRC/20/L.13[3]where
> together with 71 countries it made a bold affirmation of commitment to the
> protection of freedoms of expression through any media of one’s choice.
>
>
> This is good progress however we would like to urge the Government of
> Azerbaijan to encourage the creation of a safe and free environment where
> diverse and conflicting views on issues can be raised where ideas are
> robustly teased out without resorting to violence and abuse.
>
>
> We are also concerned that there is a danger to hide behind the exceptions
> provided for in Article 19 of the International Covenant on Civil and
> Political Rights (ICCPR) and we would like to urge the Government of
> Azerbaijan to remember the spirit of the preamble within the ICCPR in which
> Article 19 is to be interpreted which includes peace and freedom.
>
>
>  We would also like to call upon the Government of Azerbaijan to review
> its legislations, policies and practices to ensure that freedom of
> expression, freedom of association, and freedom of peaceful assembly is
> encouraged as these are fundamental elements of a stable and democratic
> society.
>
>
> *Ends*
>  ------------------------------
>
> [1] http://www.hrw.org/world-report-2012/world-report-2012-azerbaijan
>
> [2] https://wcd.coe.int/ViewDoc.jsp?id=1839497
>
> [3]
> http://daccess-dds-ny.un.org/doc/UNDOC/LTD/G12/147/10/PDF/G1214710.pdf?OpenElement
>
>
>
>
> Kind Regards,
>
> Sala
> On Mon, Jul 2, 2012 at 12:37 AM, shaila mistry <shailam at yahoo.com> wrote:
>
>> Aye
>> Shaila
>>
>>  ------------------------------
>> * From: * Izumi AIZU <iza at anr.org>;
>> * To: * <governance at lists.igcaucus.org>; Ginger Paque <ginger at paque.net>;
>>
>> * Cc: * <salanieta.tamanikaiwaimaro at gmail.com>;
>>  * Subject: * Re: [governance] news from Baku
>> * Sent: * Sun, Jul 1, 2012 12:26:07 AM
>>
>>    Aye, and Sala would you please prepare the draft?
>>
>> izumi
>>
>>
>> 2012/6/24 Ginger Paque <ginger at paque.net>
>>
>>>  Aye
>>>
>>>>
>>>>
>>>>
>>>> -----Original Message-----
>>>> From: Salanieta T. Tamanikaiwaimaro <
>>>> salanieta.tamanikaiwaimaro at gmail.com>
>>>> To: governance <governance at lists.igcaucus.org>; Narine Khachatryan <
>>>> ms.narine.khachatryan at gmail.com>
>>>> Cc: Jean-Louis FULLSACK <jlfullsack at orange.fr>
>>>> Sent: Sat, Jun 23, 2012 3:50 am
>>>> Subject: Re: [governance] news from Baku
>>>>
>>>>  I propose that we as Civil Society issue a Statement. All in favour,
>>>> say AYE and those not in favour saÿ NAY.
>>>>
>>>> Feel free to give reasons if you so wish.
>>>>
>>>> On 6/22/12, Narine Khachatryan <ms.narine.khachatryan at gmail.com> wrote:
>>>> > Dear all,
>>>> >
>>>> > Recently the Azerbaijani parliament restricted the public access to
>>>> > information about the registration, ownership structure and shareholders of
>>>> > Azerbaijani corporations. Justification is to protect the privacy of Azeri
>>>> > president and his family.  Interesting. Henceforth, the general public
>>>> > would be denied such information, since it “contradicts the national
>>>> > interests of Azerbaijan".
>>>> >
>>>> > Azerbaijan: Parliament Throws Veil of Secrecy over Business Sector
>>>> >
>>>> > http://www.eurasianet.org/node/65534
>>>> > June 13, 2012 - 12:00pm, by Shahin
>>>> > Abbasov<http://www.eurasianet.org/taxonomy/term/1358>
>>>> >
>>>> >
>>>> >    - Azerbaijan <http://www.eurasianet.org/resource/azerbaijan>
>>>> >    - EurasiaNet's Weekly
>>>> > Digest<http://www.eurasianet.org/taxonomy/term/3279>
>>>> >
>>>> >    - Azeri Economy <http://www.eurasianet.org/taxonomy/term/3864>
>>>> >    - Azeri Politics <http://www.eurasianet.org/taxonomy/term/3670>
>>>> >
>>>> > Recent legislative efforts in Azerbaijan to protect the privacy of
>>>> > President Ilham Aliyev and his family are coming at the expense of
>>>> > investors, both foreign and domestic.
>>>> >
>>>> > The Azerbaijani parliament voted June 12 to restrict public access to
>>>> > information about the registration, ownership structure and shareholders of
>>>> > Azerbaijani corporations. In addition, legislators granted President Aliyev
>>>> > and his wife, First Lady Mehriban Aliyeva, lifetime immunity from criminal
>>>> > prosecution.
>>>> >
>>>> > The immunity provision for the Aliyevs was not unexpected: the proposal had
>>>> > been under consideration for a year. But the corporate secrecy amendment
>>>> > was added to parliament’s agenda only after the conclusion of the May
>>>> > 22-26 Eurovision
>>>> > Song Contest <http://www.eurasianet.org/node/65459>.
>>>> >
>>>> > The pop-music festival, which brought unprecedented international attention
>>>> > to Azerbaijan, was preceded by a series of articles by RFE/RL investigative
>>>> > journalist Khadija Ismayilova, who highlighted alleged conflicts of
>>>> > interest involving mining rights granted to a gold-mining
>>>> > company<http://www.eurasianet.org/node/65357>owned
>>>> > by President Aliyev’s two daughters, Leyla and Arzu, and Eurovision
>>>> > construction work <http://www.eurasianet.org/node/65389>by a company linked
>>>> > to the two Aliyevas and First Lady Mehriban Aliyeva, the head of
>>>> > Eurovision’s organizing committee. [Editor’s Note: Islamyilova also
>>>> > contributes to EurasiaNet].
>>>> >
>>>> > By law, officials’ relatives may own businesses, but members of parliament
>>>> > – the First Lady sits in the legislature for the ruling Yeni Azerbaijan
>>>> > Party – cannot.
>>>> >
>>>> > In public statements, government officials have asserted that such
>>>> > investigative coverage violated the presidential family’s right to
>>>> > privacy<http://www.eurasianet.org/node/62572>.
>>>> > The articles followed earlier pieces that examined the Aliyeva daughters’
>>>> > investments in telecommunications, airport operations and banking.
>>>> >
>>>> > Under the terms of the secrecy amendment, obtaining information about such
>>>> > investments now could prove more difficult. The government will release
>>>> > information about the registrations of for-profit companies only upon
>>>> > request by a court, law-enforcement agency or Central Bank monitors
>>>> > investigating suspected money-laundering or the financing of terrorist
>>>> > groups.
>>>> >
>>>> > Journalists and the general public would be denied such information if its
>>>> > distribution “contradicts the national interests of Azerbaijan in
>>>> > political, economic and monetary policy, the defense of public order, the
>>>> > health and moral values of the people and harms the commercial and other
>>>> > interests of individuals.”
>>>> >
>>>> > In addition, corporate records will be provided only if the petitioner has
>>>> > the consent of those individuals named in the data.
>>>> >
>>>> > Information about registered Azerbaijani companies’ ownership and
>>>> > shareholders previously had been publicly available on the Ministry of
>>>> > Taxes’ website. The ministry was required to provide registry details to
>>>> > citizens within a week of receipt of a written request.
>>>> >
>>>> > All but four of the 103 members of parliament present voted in favor of the
>>>> > restrictions. Another two MPs did not vote; First Lady Aliyeva was not
>>>> > present.
>>>> >
>>>> > President Aliyev is expected to sign the secrecy and immunity amendments
>>>> > into law this week.
>>>> >
>>>> > Government officials have not commented on the amendments, but one senior
>>>> > Yeni Azerbaijani Party MP who backed the new restrictions claimed the
>>>> > measure does not limit Azerbaijanis’ right to information. In June 6
>>>> > comments to the Azeri-language service of Radio Free Europe/Radio Liberty,
>>>> > Ali Huseynly, chair of the parliament’s Committee on Legal Policy and State
>>>> > Building, claimed that the amendment “clarifies the frameworks for the
>>>> > right to receive information.” The lack of such “frameworks” often leads to
>>>> > “violations,” Huseynly added.
>>>> >
>>>> > Parliamentarian Fazail Agamaly, a member of the pro-government Ana Vatan
>>>> > (Motherland) Party, asserted that “[j]ournalists should be satisfied with
>>>> > the information about a company provided by its owner.”
>>>> >
>>>> > “Otherwise, the release of some information could create financial problems
>>>> > for businesses,” Agamaly reasoned.
>>>> >
>>>> > Civil society and media-rights watchdogs counter that the secrecy
>>>> > amendment, indeed, is designed to prevent problems – namely, for Aliyev’s
>>>> > friends and family members.
>>>> >
>>>> > Lawyer Intigam Aliyev [no relation to the presidential family], director of
>>>> > the Legal Education Society, a Baku non-governmental organization that
>>>> > monitors legislation implementation, asserted the amendment is “a response
>>>> > of corrupt authorities to a number of articles in local and foreign media
>>>> > about the large business assets of the ruling family in Azerbaijan and
>>>> > oligarchs.”
>>>> >
>>>> > Opposition MP Igbal Aghazade, a member of the Umid (Hope) Party, who voted
>>>> > against the amendment, said the measure only “serves the idea of keeping
>>>> > information about the commercial interests of a group of high-ranking
>>>> > government officials a secret.”
>>>> >
>>>> > Restricting the availability of company data from the public can harm the
>>>> > country’s ability to fight corruption, noted Media Rights Institute
>>>> > Director Rashid Hajily. In 2011, Azerbaijan ranked 143rd out of 183
>>>> > countries in a corruption index compiled by the international watchdog
>>>> > group Transparency International.
>>>> >
>>>> > "Citizens will be deprived of public [oversight] over officials’ links with
>>>> > businesses," Hajily said. "It creates a strong foundation for the
>>>> > proliferation of conflicts of interest.”
>>>> >
>>>> > Meanwhile, activists who tried to
>>>> > highligh<http://www.eurasianet.org/node/65388>t
>>>> > Azerbaijan’s spotty civil-rights record during the Eurovision contest say
>>>> > that they will fight back against the “business secrets” amendment. “We
>>>> > will campaign both locally and internationally, will demand in public
>>>> > debates the annulment of this legislation, will raise the issue at related
>>>> > international conferences and in interviews with foreign media,” pledged
>>>> > Rasul Jafarov, head of the Human Rights Club, a Baku-based non-governmental
>>>> > organization.
>>>> > Editor's note:
>>>> >  Shahin Abbasov is a freelance reporter based in Baku.
>>>> >
>>>> > On Thu, Jun 21, 2012 at 1:53 PM, Jean-Louis FULLSACK
>>>> > <jlfullsack at orange.fr>wrote:
>>>> >
>>>> >> Dear members of the list
>>>> >>
>>>> >>
>>>> >>
>>>> >> latest news from Baku published by IPS
>>>> >>
>>>> >>
>>>> >>
>>>> >> Jean-Louis Fullsack
>>>> >>
>>>> >>
>>>> >> After the Curtain Call, a Crackdown Begins
>>>> >> By Shahla Sultanova <http://www.ipsnews.net/author/shahla-sultanova/>
>>>> >> Republish
>>>> >> |
>>>> >>
>>>> >> BAKU, Jun 19 2012 (IPS) - As the attention of the world faded away from
>>>> >> Azerbaijan after the recent Eurovision song contest, police began
>>>> >> targeting
>>>> >> some young activists and a journalist involved in protests here last
>>>> >> month.
>>>> >>
>>>> >> The Eurovision song contest was as much a moment of enjoyment for music
>>>> >> lovers as it was a fierce contest between the Azerbaijani government and
>>>> >> its opponents to highlight the ‘reality’ of a politically turbulent
>>>> >> country; with the former presenting a respectable image to the West, and
>>>> >> the latter struggling to expose human rights violations and government
>>>> >> suppression of basic civil liberties.
>>>> >>
>>>> >> More than ten protest rallies were organised on the eve of the contest.
>>>> >>
>>>> >> Human rights defenders and activists had anticipated a post-Eurovision
>>>> >> crackdown, when the spotlight had turned away from the country and the
>>>> >> government would be free to punish those who had dared to educate the
>>>> >> world
>>>> >> about the grave situation on the ground in Azerbaijan.
>>>> >>
>>>> >> On Jun. 6, the Institute for Reporters’ Freedom and Safety (IRFS), a
>>>> >> media
>>>> >> rights watchdog, was notified by the Sabail District Police Office that a
>>>> >> photo journalist named Mehman Huseynov, an IRFS member, had allegedly
>>>> >> insulted police officers during a protest on May 21.
>>>> >>
>>>> >> The district police office has now opened a criminal case against
>>>> >> Huseynov
>>>> >> under Article 221.2.2 of the Criminal Code of the Azerbaijan Republic.
>>>> >> If
>>>> >> found guilty, Huseynov will face five years in prison.
>>>> >>
>>>> >> Huseynov (23), said the accusation is related to his work, which for many
>>>> >> years has entailed photographing events that depict government
>>>> >> wrongdoings
>>>> >> and disseminating them via social media.
>>>> >>
>>>> >> Several months prior to Eurovision, Huseynov actively joined the Sing for
>>>> >> Democracy Campaign.
>>>> >>
>>>> >> “I was media coordinator within the campaign. My photos and videos were
>>>> >> shared in international media.  Of course, they showed the reality of
>>>> >> Azerbaijan, (which) is unfortunately not very positive. That is why I am
>>>> >> a
>>>> >> target now,” he told IPS.
>>>> >>
>>>> >> Over 30 human rights organisations joined Sing for Democracy in an effort
>>>> >> to pressure organisers of the contest to demand greater democracy in
>>>> >> Azerbaijan.
>>>> >>
>>>> >> The campaign called for the release of political prisoners, freedom of
>>>> >> expression and assembly, protection of property rights and the
>>>> >> independence
>>>> >> of courts.
>>>> >>
>>>> >> IRFS head Emin Huseynov, Mehman Huseynov’s older brother, links the
>>>> >> accusation against the latter with his profession. “It is the start of
>>>> >> the
>>>> >> post-Eurovision crackdown. It is revenge against the IRFS for actively
>>>> >> informing foreign journalists and international media on the eve of
>>>> >> Eurovision about many harassment cases in Azerbaijan. Besides, during
>>>> >> seven
>>>> >> years of work, we investigated many cases of pressure on journalists.
>>>> >> Now,
>>>> >> they want to punish us.”
>>>> >>
>>>> >> Before the song contest, Leyla Yunus, director of the Institute of Peace
>>>> >> and Democracy, had often warned of a serious backlash after the
>>>> >> Eurovision-fuelled tourist season died down. She believes Mehman Huseynov
>>>> >> is the first victim of that campaign.
>>>> >>
>>>> >> “Mehman’s work has been shared and discussed recently. Besides, he is
>>>> >> working for IRFS, which is critical of the government. By arresting him
>>>> >> they want to (blacklist) a good photo journalist and put pressure on his
>>>> >> brother Emin.”
>>>> >>
>>>> >> Various other activists were also brought into police stations this week.
>>>> >>
>>>> >> Beyim Hasanli, a member of the opposition Popular Front Party’s Youth
>>>> >> Committee was called in to the Sebayil district police station on Jun. 9.
>>>> >>
>>>> >> She was asked how she got information about the May 21 protest action and
>>>> >> why she attended it. Hasanli was also asked if she ever noticed a media
>>>> >> representative being rude to the police.
>>>> >>  Related IPS Articles
>>>> >>
>>>> >>    - Sex and Censorship in
>>>> >> Azerbaijan<http://www.ipsnews.net/2012/05/sex-and-censorship-in-azerbaijan/>
>>>> >>    - Arab Spring at Azerbaijan’s
>>>> >> Door<http://ipsnews.net/2011/04/arab-spring-at-azerbaijanrsquos-door>
>>>> >>    - Azerbaijan and Israel: The Enemy of My Enemy Is My
>>>> >> Friend<http://ipsnews.net/2012/02/azerbaijan-and-israel-the-enemy-of-my-enemy-is-my-friend>
>>>> >>
>>>> >>  “After that they showed me a video in which I was trying to help a woman
>>>> >> dragged by police. There were many journalists, including Mehman, who
>>>> >> tried
>>>> >> to film it but police would not let them do so. It also showed Mehman
>>>> >> (swearing) when he was not allowed to film.”
>>>> >>
>>>> >> After that Hasanli was asked to write a report on what she saw on video.
>>>> >>
>>>> >> A week ago, her father was called in to the Absheron district Main Police
>>>> >> Office and asked to sign a statement promising to be responsible for his
>>>> >> daughter’s activities.
>>>> >>
>>>> >> Hasanli claims all this was done to intimidate and discourage her from
>>>> >> being an activist.
>>>> >>
>>>> >> Natig Adilov, a journalist with the opposition Azadlig newspaper and
>>>> >> activist with the Popular Front Party, was called in to the Sabirabad
>>>> >> police station on Jun. 13, where he was “advised” to get involved in
>>>> >> better
>>>> >> activities than participating in protest rallies.
>>>> >>
>>>> >> “They do it to scare people so that they stop their public activity. For
>>>> >> autocratic regimes like this, intimidation is very important to manage
>>>> >> their (stronghold). It is also related to me being very active during
>>>> >> Eurovision,” said Adilov.
>>>> >>
>>>> >> Ehsan Zahidov, spokesman for the Ministry of Internal Affairs, said the
>>>> >> recent slew of interrogations against activists and journalists has
>>>> >> nothing
>>>> >> to do with their activity during the Eurovision song contest or their
>>>> >> political background but pertained to them violating “rules”.
>>>> >>
>>>> >> “To advise people (on how to behave) is part of the job of police
>>>> >> officers. They do not care about the political activity of citizens.
>>>> >> Natig
>>>> >> Adilov was just advised not to violate public order. That is it,” he told
>>>> >> IPS.
>>>> >>
>>>> >> For Arzu Abdullayeva, human rights defender and co-chair of the Helsinki
>>>> >> Citizens Assembly, recent pressure on journalists is not limited to
>>>> >> Eurovision activity.
>>>> >>
>>>> >> “Activists have always been a threat to the Azerbaijani government. By
>>>> >> (putting) pressure on activists, journalists, by arresting them, the
>>>> >> government (lets potential dissidents) know that they will have the same
>>>> >> future.”
>>>> >>
>>>> >> Human rights organisations like Amnesty International and Human Rights
>>>> >> Watch condemned the accusation against Huseynov.
>>>> >>
>>>> >> The authorities should “drop the bogus charges against Huseynov and
>>>> >> ensure
>>>> >> that he can exercise his right to freedom of expression”, Human Rights
>>>> >> Watch said in its recent report.
>>>> >>
>>>> >> Amnesty International’s statement mentions that Huseynov’s arrest comes
>>>> >> amid a worrying rise in police harassment of young activists who
>>>> >> participated in protests around Eurovision.
>>>> >>
>>>> >> According to Max Tucker, Amnesty International’s Azerbaijan campaigner,
>>>> >> Mehman’s arrest signals the start of the widely predicted government
>>>> >> crackdown on those they consider responsible for negative publicity
>>>> >> during
>>>> >> Eurovision.
>>>> >>
>>>> >> (END)
>>>> >>
>>>> >>
>>>> >>
>>>> >> ____________________________________________________________
>>>> >> You received this message as a subscriber on the list:
>>>> >>     governance at lists.igcaucus.org
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>>>> >>
>>>> >> For all other list information and functions, see:
>>>> >>     http://lists.igcaucus.org/info/governance
>>>> >> To edit your profile and to find the IGC's charter, see:
>>>> >>     http://www.igcaucus.org/
>>>> >>
>>>> >> Translate this email: http://translate.google.com/translate_t
>>>> >>
>>>> >>
>>>> >
>>>> >
>>>> > --
>>>> > Media Education Center
>>>> > Yerevan, Armenia
>>>> >
>>>> > www.mediaeducation.am
>>>> > www.safe.am
>>>> > www.immasin.am
>>>> >
>>>>
>>>>
>>>> --
>>>> Salanieta Tamanikaiwaimaro aka Sala
>>>>
>>>> Tweeter: @SalanietaT
>>>> Skype:Salanieta.Tamanikaiwaimaro
>>>> Cell: +679 998 2851
>>>>
>>>>  ____________________________________________________________
>>>> You received this message as a subscriber on the list:
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>>>>
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>>>>      http://www.igcaucus.org/
>>>>
>>>> Translate this email: http://translate.google.com/translate_t
>>>>
>>>>
>>>> ____________________________________________________________
>>>> You received this message as a subscriber on the list:
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>>>>
>>>> For all other list information and functions, see:
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>>>>
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>>>>
>>>>
>>>
>>> ____________________________________________________________
>>> You received this message as a subscriber on the list:
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>>>
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>>>
>>
>>
>> --
>>                      >> Izumi Aizu <<
>> Institute for InfoSocionomics, Tama University, Tokyo
>> Institute for HyperNetwork Society, Oita,
>> Japan
>> www.anr.org
>>
>>
>
>
> --
> Salanieta Tamanikaiwaimaro aka Sala
>
> Tweeter: @SalanietaT
> Skype:Salanieta.Tamanikaiwaimaro
> Cell: +679 998 2851
>
>
>
>


-- 
Salanieta Tamanikaiwaimaro aka Sala

Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
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