[governance] Draft IGC Statement [Azerbaijan and Human Rights]
Jean-Louis FULLSACK
jlfullsack at orange.fr
Sun Jul 8 17:17:19 EDT 2012
Thanks Sala,
for this draft statement which comes in time. I support its content and general leanings.
Warm regards
Jean-Louis Fullsack
> Message du 07/07/12 20:26
> De : "Salanieta T. Tamanikaiwaimaro"
> A : governance at lists.igcaucus.org
> Copie à : coordinators at igcaucus.org
> Objet : [governance] Draft IGC Statement [Azerbaijan and Human Rights]
>
> 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 wrote:
>
Aye
> Shaila
>
From: Izumi AIZU ;
> To: ; Ginger Paque ;
> Cc: ;
>
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
>
Aye
>
>
>
>
-----Original Message-----
> From: Salanieta T. Tamanikaiwaimaro
> To: governance ; Narine Khachatryan
> Cc: Jean-Louis FULLSACK
> 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 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 > > > - Azerbaijan > - EurasiaNet's Weekly > Digest > > - Azeri Economy > - Azeri Politics > > 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 . > > 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 > companyowned > by President Aliyev’s two daughters, Leyla and Arzu, and Eurovision > construction work 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. > 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 > highlight > 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 > 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 >> 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 >> - Arab Spring at Azerbaijan’s >> Door >> - 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 >> To be removed from the list, visit: >> http://www.igcaucus.org/unsubscribing >> >> 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
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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
>
>
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