Azerbaijan does not fulfill obligations on freedom of speech

The position of Azerbaijani journalists is terrible, and every day it gets worse.  This is how  the head of the Institute for Reporters Freedom and Safety Emin Huseynov characterized the situation speaking  on Wednesday at the UN, preliminary total annual review of the organization.

 In his report  he  noted that today we have two options. One option is that – as happens with so many days and meetings – we can say important things about how human rights are important, about what needs to be done to promote and protect them.

We can go back to business as usual. Or, we can act.

It is great that the UN have acted – and we welcome the recent resolution on the human rights defenders. And now, with the upcoming UPR review, we can accelerate our action.

Today, we face enormous challenges as Azerbaijan’s freedom of expression record has deteriorated since the last UPR review. IRFS has contributed largely to the joint NGO submission to the UPR of Azerbaijan; and today my focus is the continued crackdown on  freedom of expression.

The government has failed to implement the number of recommendations it accepted during the first circle of UPR.  Of particular concern are:

Failure to protect the right to life of journalists 

Impunity for violence against journalists

Violations of the right to private life

Politically motivated arrests and imprisonment

Legislative restrictions on freedom of expression

State control over the media

Since we are time-crunched I would limit my presentation to the top five burning issues:

crisis of impunity for violence against the journalists; violations of the right to private life of journalists;

Another tactic is the use of photographs and films of a sexual nature in an attempt to silence critical voices. For instance, female investigative journalist Khadija Ismayilova was targeted when a sex video of her filmed by hidden camera was posted to the Internet. One year on, the Azerbaijani authorities have failed to seriously investigate the violations of privacy in Ismayilova case, and no one has been brought to justice; restriction on access to information.

In 2005, Azerbaijan ratified the United Nations Convention Against Corruption[1], thereby undertaking the obligation to take measures to enhance transparency in its public administration.

Azerbaijan is the participating state in the Open Governance Partnership (OGP)[2]—in September 2012, the national action plan  on OGP was adopted.

Instead of toeing the line here, the government adopted a series of amendments to the Law on the Right to Obtain Information, the Law on the State Registration of Legal Entities, and the Law on Commercial Secrets.

The amendments permit commercial entities to keep their registration information secret, including information about their ownership and structure. These amendments contradict international standards for freedom of information and will make it more difficult for journalists to investigate and report on corruption.[3]

Defamation lawsuits and burning issue five: Azerbaijani Media in a chokehold

Conclusion

The overall environment in which the Azerbaijani media currently operates prevents it from holding those in power to account, and from providing citizens with quality independent news reporting. When the media is unable to fulfill such intrinsic functions, society cannot properly voice its concerns or canalize its discontent through peaceful, institutionalized means. Until this fundamental right is guaranteed, a more democratic Azerbaijan remains a distant prospect.

There is only one way for us to go. It is to act, to unite our resources and efforts and take these to a new level. We call on the UN member states to put forward the following recommendations vis-à-vis freedom of expression and freedom of the media:

Put a stop to violence and other forms of pressure against journalists

End all forms of impunity for those who attack or kill journalists and ensure that all cases of violence against journalists are resolved and all guilty parties are punished in accordance with the law.

Cease the use of detention to silence critical voices:

Immediately release the currently detained and imprisoned journalists, human rights defenders and activists behind bars in connection with exercising their right to freedom of expression.

Drop the charges against journalists and activists who face jail time in connection with exercising their right to freedom of expression.

Improve media legislation and policies

Remove defamation provisions from the Criminal Code.

Reverse the ban prohibiting foreign broadcasters from accessing national frequencies.

Withdraw the recent restrictive amendments to freedom of information legislation aimed at limiting the activities of journalists and media outlets.

Set up an independent broadcasting regulatory body to ensure the fair and transparent distribution of television and radio frequencies through a simplified licensing procedure.

Ensure that the public service broadcaster, Ictimai, complies with international standards for public service broadcasting and provides balanced and varied programming for all sectors of the population.

 We are ready to bring our abilities, our hard work, and our experience to bear in partnership with the UN member states, to continue promoting freedom of expression and free media in Azerbaijan and throughout the region.—0--