Action Plan as a Tool for Improvements

The European Neighbourhood Policy Action Plan provides the E.U. with a unique opportunity to strengthen incentives for change in Azerbaijan. It is the first time that the E.U. has been able to offer closer economic, political, and cultural relations in exchange for progress on concrete benchmarks. It could prove to be a useful tool for promoting reform, provided that Azerbaijan sees that the E.U. is serious about tying these incentives to real and lasting improvements in human rights. In order to achieve this, the Action Plan should include concrete benchmarks focusing not only on improvements in Azerbaijan’s legislative framework that can be achieved in the short term, but also on implementation, which may require a longer term approach. Long- and short-term benchmarks should have a clear timetable for implementation and should be followed up with a rigorous monitoring system.

Further, in order to ensure consistency with international human rights standards when carrying out reforms through changes in legislation or the creation of other legal documents, we propose that the Action Plan include the requirement that all such draft documents be reviewed by the Venice Commission of the Council of Europe or other independent body of experts.

To maximize the potential of the European Neighbourhood Policy process, we suggest that:

during the process of negotiating the Action Plan and its subsequent implementation, the E.U. consult and speak not only with the Azerbaijani government, but also engage with the Azerbaijani media and civil society about the process, the benchmarks, and results of monitoring;

the E.U. coordinate with other international institutions, including the Council of Europe, the Organization for Security and Cooperation in Europe (OSCE), and bilateral partners, including the United States, to ensure that the benchmarks in the Action Plan are consistent with and complementary to other current or prospective programs;

the Cooperation Council set up a body charged with monitoring of the benchmarks. This body should make regular trips to Azerbaijan to consult with government, civil society, and other interested parties, speak publicly about progress in the Azerbaijani media, and make recommendations about how to improve progress towards the benchmarks.

Below we summarize long-standing human rights problems, cite recent examples of violations, and suggest benchmarks for the Azerbaijan Action Plan in six areas: elections, torture and ill-treatment, independence of judges and lawyers, media freedom, freedom of assembly, and civil society. The information presented is based on an April 2005 research mission to Azerbaijan, during which Human Rights Watch interviewed representatives of nongovernmental organizations (NGOs), opposition parties, and international organizations; government officials; journalists; lawyers; victims of human rights violations; and members of the diplomatic community. The benchmarks are concrete, and achievable, and if implemented, would show a real improvement in the human rights environment in Azerbaijan.

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June 2005