European Parliament resolution: Can calls for sanctions be implemented?

On March 15, the European Parliament (EP) approved by a majority vote the report "EU-Azerbaijan Relations" by Zelyana Zovko, a Croatian MP's rapporteur on Azerbaijan. At the plenary session and during the discussions around the report, the majority of deputies criticized the Azerbaijani authorities for violating international obligations, fundamental freedoms, and human rights. The report says that the EU should not turn a blind eye to violations of human rights and the foundations of democracy due to cooperation with Azerbaijan in the energy sector in the context of Russia's war with Ukraine. The deputies wished the lifting of restrictions on freedom of expression and the media, ensuring respect for fundamental human rights, and the release of political prisoners. The report calls on the European Union to impose personal sanctions against Azerbaijani officials who grossly violate human rights. The deputies welcomed the contacts for the establishment of peace between Azerbaijan and Armenia, but expressed concern about the increase in violence on the border. The deputies called for ensuring the fulfillment of humanitarian obligations and the free movement of citizens along the Lachin corridor.

Human rights activist Fuad Hasanov answers questions from ASTNA in connection with the EP resolution.

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Question: Is the resolution adopted by the EP regarding Azerbaijan objective?

Answer: The resolution entitled "EU-Azerbaijan Relations", adopted by the EP on March 15, 2023, at a meeting in Strasbourg, covers 5 areas and contains 67 articles. We can say that an attempt has been made in all sections and articles of the resolution to give an objective and balanced assessment of the activities of the Azerbaijani authorities, although, of course, there may be some exceptions. The provisions of the resolution in the field of security and geopolitical issues begin with expressing gratitude to Azerbaijan for the official support for the independence, sovereignty and territorial integrity of Ukraine and humanitarian assistance provided to Ukraine during the war, but at the same time it contains recognition of serious concern about the Declaration on Allied Cooperation concluded between Azerbaijan and Russia in Moscow, in February 2022, a few days before the war. At the same time, it did not escape attention that during the vote in the UN General Assembly, Azerbaijan did not support the resolution against Russia's aggression against Ukraine. The well-known paragraph of the resolution expresses concern and condemns destabilization and terrorist activities in the South Caucasus and welcomes security cooperation between the European Union (EU), EU member States and Azerbaijan. The document also calls for closer cooperation in the fight against terrorism and radicalization. And in the next article concerning this sphere, he condemns the illegal and massive use of the Pegasus spyware developed by the NSO Group and other repressive cyber technologies against journalists, bloggers, human rights defenders, lawyers and politicians and calls on the Azerbaijani authorities to abandon their use. The resolution further condemns the military exercises on aggressive scenarios conducted by Iran on the border with Azerbaijan and calls on it to respect the territorial integrity and sovereignty of Azerbaijan.

In the section on human rights and fundamental freedoms, the EP expresses deep regret over the situation of media freedom in Azerbaijan, expresses concern about the new law "On Media" adopted in December 2021, which effectively prohibits all forms of independent journalism and the activities of Azerbaijani journalists in exile, emphasizes the fundamental importance of freedom of expression and media in democratic societies. The EP calls on Azerbaijan to make efforts towards creating an independent and pluralistic media environment in accordance with the recommendations included in the Venice Commission's conclusions of June 17 and 18, 2022.

The EP further called on the EU Council to explore the possibility of targeted individual sanctions within the framework of the European Union's Global Human Rights Sanctions Regime against Azerbaijani officials who have committed serious human rights violations as law enforcement officers, especially given the widespread police violence against political activists, human rights defenders and journalists.

It seems that the EP calls on the Council to study the possibility of imposing sanctions, and if there is no serious positive progress in the behavior of the Azerbaijani authorities during bilateral contacts, then the calls may take a longer character, the EU Council may encourage concrete steps more seriously.

The appeals of the European Parliament fully meet the interests of the citizens, the people and the Azerbaijani state, what kind of bias can we talk about?

Question: The report says that the EU should not turn a blind eye to violations of human rights and the foundations of democracy due to cooperation with Azerbaijan in the energy sector in the context of Russia's war with Ukraine. This is a very serious issue. Because recently, members of civil society have often expressed the opinion that Europe now needs Azerbaijan's energy sector, so other issues have receded into the background. But we see the opposite in the resolution. What do you think the EP means by that?

Answer: 705 deputies elected in 27 EU member States, acting together with the EU Council with legislative initiatives, play an important role in the formation of the institutions of the European Union and in creating the principles and legal foundations of their activities. Emphasizing this idea in the resolution, the EP calls on the highest executive bodies of the European Union, which have signed agreements on energy projects, to strictly follow the preservation of universal, including European fundamental values in their cooperation projects. Taking into account the intentions to sign a New Comprehensive Partnership Agreement between the European Union and Azerbaijan in the near future, the EP has the right not to approve the agreement, i.e. to veto it, even if the European Commission signs this agreement. The dialogue on human rights between the European Union and Azerbaijan, which began in 2017, is stagnating. As human rights defenders, we also declare and demand that the dialogue on human rights be continuous and effective in all possible international contacts.

Question: The report calls for the adoption of personal sanctions against Azerbaijani officials who grossly violate EU human rights. Is this currently possible? We have been hearing similar statements for many years. But, in the real application is not visible.

Answer: The appeal contained in the resolution is made with a hint at the existing sanctions mechanism of the European Union. I would like to note that the mechanism of global sanctions of the European Union in the field of human rights is a mechanism by which the Council of the European Union punishes employees of non-EU countries who are responsible for gross violations of human rights.

The new sanctions regime also targets other human rights violations or abuses that are widespread, systematic or cause serious concern in connection with the common goals of foreign and security policy defined by article 21 of the EU Treaty. This may include violations ranging from human trafficking to the violation or abuse of freedoms (freedom of peaceful assembly and association, freedom of opinion and expression, or freedom of religion and belief).

The decision on the possibility of applying sanctions provides for a ban on persons included in the list of persons who enter or transit through the territories of Member States, freezing of funds and economic resources belonging to individuals, bodies and structures to which they belong, are owned, owned or controlled by them, as well as persons and structures providing funds or economic resources to individuals and legal entities included in the EU list.

Calls for sanctions and the application of sanctions are not primarily intended to completely paralyze a partner country. The EU is a serious partner of Azerbaijan in the field of energy and trade. The Union is governed by seven independent institutions. The EU's sanctions philosophy is to target high-ranking officials of the country who constantly and systematically commit very serious human rights violations, stop the politically motivated behavior of the authorities of the sanctioned country, achieve changes and thus achieve global supremacy of universal values.

The United States has set such a precedent in the framework of the Global Magnitsky Act, and consistently calls on international human rights organizations and the EU for such an approach.

Question: Representatives of the Azerbaijani authorities, as usual, do not agree with such critical statements and appeals. How do you think the Azerbaijani authorities will react to the recommendations of the report this time?

Answer: Such calls of the EP are an example of public, i.e. open diplomacy. The parliament, which depends only on European voters, is open, human rights-based and has made appeals in favor of the Azerbaijani citizen. The Parliament is one of the 2 EU bodies with the right of legislative initiative and the right to veto bilateral agreements. Currently, the contours of cooperation between the EU and Azerbaijan, based on mutual obligations, are becoming even clearer. In this sense, even if the authorities publicly disagree with such calls, they are forced to seriously think about it.

Question: What threats can Azerbaijan expect if the reactions are the same as usual?

Answer: If the behavior regarding the problems expressed in the resolution turns out to be unchanged, a preliminary list of personal sanctions may appear.

Question: The deputies welcomed the contacts between Azerbaijan and Armenia to establish peace, but expressed concern about the increase in violence on the border. The deputies called for ensuring the fulfillment of humanitarian obligations and the free movement of citizens along the Lachin corridor. How objective are the provisions of the report on what is happening in Karabakh, as well as on Armenian-Azerbaijani relations?

Answer: The EP welcomes Azerbaijan's contacts with both the leadership of Armenia and the Armenians of Karabakh with a view to achieving peace between Azerbaijan and Armenia and supports Azerbaijan's proposal, consisting of 5 principles in March 2022, that the Armenian side should fulfill its obligations to withdraw its military forces from the territory and calls for ensuring a transport line connecting Nakhchivan with the western region of Azerbaijan. In the resolution, the deputies express concern about the actions of the so-called Russian peacekeepers stationed in the region and their impact on the political processes in the region. The resolution condemns the large-scale military operation conducted by Azerbaijan in September 2022, which identified several targets on the territory of Armenia. All 705 MEPs cannot have the same and healthy agenda, the role of the existing Armenian Diaspora and interest groups in shaping the opinion of members of Parliament cannot be ignored. However, a political position and opinion cannot be formed in vain. Meanwhile, the useless propaganda of the Azerbaijani political authorities and propaganda mouthpieces, designed more for the domestic audience, was able to distract Azerbaijan from the point of view of our national interests from international goals and create a distorted picture.

Question: What are your suggestions to the Azerbaijani authorities regarding the recommendations contained in the report?

Answer: Azerbaijan should develop the necessary and fruitful and mutually beneficial relations with the European Union in a more positive direction, and at a time when it is very important and realistic to neutralize Russia as a global and regional power that brings only unrest, occupation, conflicts and dangers to the region, Azerbaijan should first of all protect human rights and freedoms in the country, must seriously change its behavior in order to fulfill its basic obligations, such as security, and put an end to massive and prolonged anti-legal practices.

The establishment of peace in the region, the normalization of relations between Armenia and Azerbaijan, the fact that Azerbaijan is not yet able to ensure sovereignty in Karabakh, but it is extremely important and necessary, this is a fact that everyone understands, and it is extremely important to remove serious obstacles posed by Russia in this process. I believe that an early positive solution to the Ukrainian crisis can make a serious contribution to the realization of Azerbaijan's legitimate interests.