The Institute for Reporters Freedom and Safety (IRFS) called on the Council of Europe to condemn the entry, into force, in Azerbaijan, reactionary amendments to legislation complicating the work of NGOs.
The Venice Commission has acknowledged that the 2009 and 2011 Azerbaijan NGO legislations “unfortunately overturn the previous efforts to meet with the requirements of international standards,” but, as yet, another draconian passage is signed into law, the Council of Europe institutions should go further and be more forceful in their condemnation.
Instead of heeding the Venice Commission's Opinion regarding Azerbaijan's NGO legislation, Azerbaijan’s rubber-stamp parliament, dominated by ruling party MPs, introduced the new legislation placing additional restrictions on independent NGOs, damaging the country's image on the eve of its chairmanship of the Council of Europe Committee of Ministers. On February 3, Azerbaijan’s President signed the amendments into law. The new legislation provides the authorities with additional triggers for temporary suspension and permanent banning of national and foreign NGOs in Azerbaijan.
The latest amendments are blatant violations of, article 58 of the Azerbaijani Constitution (freedom of association), article 11 of the European Convention for the Protection of Human Right and Fundamental Freedoms (freedom of assembly and association), article 22 of the International Covenant on Civil and Political Rights (freedom of association), and article 20 of the Universal Declaration of Human Rights (freedom of assembly and association).
By virtue of Article 151 of the Constitution, international agreements binding upon Azerbaijan prevail over domestic legislation, with the exception of the Constitution itself and acts accepted by way of referendum. Thus, in the case of a conflict between the provisions of the ICCPR or the ECHR and the provisions of any of the laws regulating NGOs, the former shall prevail.
The IRFS strongly denounces the use of laws as a mechanism of pressure on NGOs and calls on the Azerbaijani government to repeal the recent reactionary amendments, to guarantee the freedom of association, which is one of the fundamental rights, and enable conditions conducive to the development of civil society.
Azerbaijan will take over the rotating chairmanship of Europe’s top human rights watchdog, the Council of Europe in May 2014. Bodies like the Council of Europe must help safeguard peoples’ fundamental rights before it is too late. To this end, IRFS calls on the Council of Europe to condemn the violation of the provisions of the European Convention, namely Article 10 (freedom of expression) and Article 11 (freedom of association and assembly), and demand that Azerbaijan complies with its commitments and obligations as a member state of the Council of Europe. It is the Council of Europe’s credibility which is on the line.
According to the Constitution of Azerbaijan, if legal acts are contrary to international instruments of Azerbaijan, the priority is given to the latter.—16/06D-
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