Human Rights Developments

Defending Human Rights

The Role of the International Community

United Nations

In November 1999, the U.N. Committee against Torture reviewed Azerbaijan's initial report. The committee expressed concern that torture was not expressly criminalized and about reports of torture and the lack of accountability for it. Upon the committee's recommendation, Sir Nigel Rodley, the U.N. special rapporteur on torture, conducted a fact-finding mission to Azerbaijan in May.

Organization for Security and Cooperation in Europe (OSCE)

The OSCE officially opened an office in Baku in July designed, according to its mandate, to "promote the implementation of OSCE principles and commitments as well as the co-operation between the OSCE and the Republic of Azerbaijan in all the OSCE dimensions,including human, political, economic and environmental aspects of security and stability." Under the auspices of the Minsk Group, the OSCE made several efforts to resolve the Nagorno Karabakh conflict. Concerning electoral progress, it issued several statements, among others noting that the July 5 election law contained "serious shortcomings" and that it was "extremely concerned that seven political parties were denied registration by the [CEC]...." After Aliyev intervened, the remaining parties were registered.

Council of Europe

The Parliamentary Assembly voted on June 28 to recommend to the Committee of Ministers that Azerbaijan be admitted to the Council of Europe (COE). This move severely undermined the council's leverage with the government to foster the implementation of legal and institutional reform (including reformed courts, police, and procuracy) desperately needed to improve Azerbaijan's human rights record. At the time of this writing, the committee had yet to act on that PACE resolution.

The PACE recommendation favoring Azerbaijan's membership found that Azerbaijan is "moving towards a democratic, pluralist society in which human rights and the rule of law are respected...." However, the document's lengthy list of conditions which the country was required to meet after its accession indicated just the opposite: that the government has made very little progress. The wide-ranging post-accession requirements included ratification of a number of significant treaties, an overhaul of domestic election laws, strengthening of parliament-currently little more than a rubber stamp-relative to the executive, reform of procedures on appointment of judges, opening individual's access to the constitutional court, and registration of nongovernmental associations. The PACE also proposed adoption of a law allowing the right to an alternative to military service, a law on the media, a law on ethnic minorities, and a law on lawyers' associations. Other measures required included the release of political prisoners, prosecution of law enforcement officials responsible for torture, and improved access of humanitarian organizations to prisons. At the request of the government, the Council of Europe also deployed an election assistance group to provide advice regarding the organization of elections.

European Union

In October, the E.U. and Azerbaijan conducted their second annual Cooperation Council meeting under the Partnership and Cooperation Agreement. The council addressed human rights issues in the bilateral relationship, including Azerbaijan's obligation to implement OSCE and COE commitments. Reflecting the lack of progress over the past year, public statements following the meeting were more guarded about the relationship than after the 1999 council meeting.

United States

The U.S. State Department monitored events surrounding the parliamentary elections and issued many statements criticizing the government's campaign conduct. It condemned the Azerbaijani parliament's decision to allow the Central Election Commission to function without opposition party members present. It chastised Azerbaijan for continuing its distorted registration policy preventing certain political parties from participating. And it described the election law as "seriously flawed." Nevertheless, it supported Azerbaijan's accession to the Council of Europe.