Access to Information in Azerbaijan

(ASSIGNMENT: Write a 300 word blogpost on access to information in your country.)

Despite claims of freedom of information for journalists, Azerbaijan proves to be abysmal at allowing access to information.

According to Article 50 on the Freedom of Information of the Constitution of the Republic of Azerbaijan:

I. Everyone is free to look for, acquire, transfer, prepare and distribute information.

II. Freedom of mass media is guaranteed. State censorship in mass media, including press is prohibited.

Furthermore, Article 29 of the Azerbaijan Access Law asserts that the following information should be disclosed:

29.1.1. consolidated statistical data, including consolidated statistics on crimes and administrative delinquencies;

29.1.4. guidance prepared in connection with activities of state authorities and municipalities;

29.1.19. information on the use of the State Budget funds or property contributed to private legal entities established by, or operating with participation of the state authorities and municipalities;

Despite this rather positive information, if you’ve read any of my previous posts it wouldn’t come as a surprise to find that I’m highly skeptical that this is realistically put into practice. Seeing as the freedom of information is critical in ensuring human rights and sustainable development goals, it is disappointing to see how “free” access to information really is in Azerbaijan.

In 2007, two years after the Access Law was implemented, the Open Society Institute and Revenue Watch Institute began monitoring the extent of availability of the information on different types of public finance and published the following report. Despite the fact that law requires a timely response of any inquiry for information, out of 169 inquiries, the report found the following unsatisfactory results:

 

More recently, in late January 2014, Samir Kazimli, a well-known journalist, filed a lawsuit against Parliament for failing to provide information on public spending on the purchase of cars. Parliament refused to provide the information and the court ruled in favor of Parliament. Thus, it seems not to matter what kind of information is requested or who requested it, the government is likely not to respond.

Anonymity in Azerbaijan

In a country where just being a journalist is a danger itself, what can be said about the sources? Do they too face threat of imprisonment or physical harm from the government?

In regards to anonymous sources, the policies are quite simple and straightforward. According to Principle 2.1 of the Code of Professional Ethics for Journalists of Azerbaijan as mandated by the Organization for Security and Co-operation in Europe:

“The source must always be indicated while disseminating official information from organizations, parties, societies, unions and other interest groups. However, if the person who provides the information prefers to remain anonymous, journalists or media entities must adhere to his/her privacy conditions. The confidentiality of the source of information shall be protected.”

Yet after looking through several popular Azeri news outlets, it seems like the use of anonymous sources isn’t that widespread. I believe it is because subjects that sources should be nervous talking about are generally not reported on. The threats facing professional organizations, individual persons, or journalists when reporting on such touchy subjects are so great that people refuse to speak at all.

In fact, the truth is that rather than sources facing danger when speaking to journalists, journalists are in danger of publishing stories where sources are used to shed light on government corruption. In other words, journalists are usually very open about their sources and sources who are willing to speak generally do not request anonymity. However, when journalists do publish stories that defame the Azerbaijani government, their sources are generally investigative reports with facts and numbers, rather than actual human witnesses coming forward to speak.

Investigative journalist Khadija Ismayilova.

Take for example the investigative journalist Khadija Ismayilova, who was jailed last month for two months, awaiting a trial on charges of inciting an attempted suicide among several other bogus charges. Ismayilova has published several reports looking into corruption surrounding President Aliyev’s family and is a spokesperson for the necessity for freedom of press. This report details the abuse of villagers by police with anonymous sources, while another report analyzes the corrupt ties between the president and TeliaSonera, the country’s leading mobile phone provider. The TeliaSonera report provides examples of the danger faced by the press as well as the locked lips of those who refuse to reveal the government’s corrupt actions.

This is by no means the governments first time attempted to stifle Khadija’s pen from flowing. In a somewhat childish backlash aimed to tarnish Khadija’s reputation, the government released a photo and video smear campaign accusing her of leading a “sexual” life, something that is frowned upon in Azeri society. Following that, the government placed a travel ban on her in order to prevent her from testifying at an anti-Corruption conference in the U.S.

Here is an extremely interesting interview with Khadija that sheds some light on not only her job as a journalist, but also of the Azerbaijani government’s attempt to silence its critics.

In two statements that quintessentially summarize my personal feelings towards the attacks toward Khadija Ismayilova, Radio Free Europe/ Radio Liberty Chief Editor Nenad Pejic has said:

“The arrest and detention of Khadija Ismayilova is the latest attempt in a two-year campaign to silence a journalist who has investigated government corruption and human rights abuses in Azerbaijan. The charges brought against her today are outrageous. Khadija is being punished for her journalism.”

Followed by a statement by Dunja Mijatovic, an OSCE representative:

“The arrest of Ismailova is nothing but orchestrated intimidation, which is a part of the ongoing campaign aimed at silencing her free and critical voice.”

If you would like to know more, check out this awesome site to find out more about Khadija.

Why Azerbaijan?

Map of Azerbaijan and surrounding countries.

Fast Facts about Azerbaijan:

Azerbaijan is a republic located in the Caucus region that sits on the border of Eastern Europe and Western Asia. Formerly a part of the Soviet Union, Azerbaijan is now run by a government that has been accused of human rights violations and widespread corruption, and is often times referred to as authoritarian. Although they don’t have an official religion, a majority of the population identify with Shia Islam and the economy is centered around petroleum and oil. Azerbaijan boasts a 100% youth literacy rate and a continually decreasing poverty rate of 5.3% (source).

Why is Azerbaijan a hostile environment for journalists?

Amnesty International launched a campaign to encourage freedom of expression in Azerbaijan.

According to Newsweek, Azerbaijan is one of the top ten most dangerous countries for journalists in addition to having a bad track record when it comes to detaining journalists. Groups such as Human Rights Watch, Freedom House, and the Committee to Protect Journalists have all published reports condemning the deteriorating conditions for press and media. In fact, according to the World Press Freedom Index, Azerbaijan ranks 160 out of 180 countries in regards to conflicts on freedom of information. Azerbaijan has been known for imprisoning journalists investigating corruption in the government, human rights supporters, as well as political opposition reporters.

Additionally, tensions between Armenia and Azerbaijan in respect to the Nagorno-Karabakh conflict have flared up recently and dozens of soldiers from both armies have been killed.

Why did I choose Azerbaijan as my focus?

As an international studies student focused on the Middle East, I decided to search around to see which countries around my area of study have a distinct lack of freedom of press. I’m also taking History 480, called Conflict and Diplomacy in the Caucuses, so to kill two birds with one stone I decided to choose a country in the Caucuses to explore their freedom of press as well as stay up to date with conflicts and news. Additionally, my dad works for the World Bank and some of his projects used to be centered in the Caucus region and he travelled there all the time. I thought it would be cool to explore and learn about his “old haunts” and understand why his work was so important.