EU-Azerbaijan Action Plan.
The document contains extensive list of objectives, areas of cooperation and principles constituting the basis of bilateral relations. Alternation of the principles throughout the text in various orders reflects compromised approach of both sides working on the document. Partnership, joint ownership and differentiation compose primary principles according to introductory part. More importantly, it stresses commitment of parties to common values. However, the way these values placed into bilateral context34 indicates slightly diverse interpretation of them by the parties. Under the values the EU implies “European norms and principles” which need to be submitted by Azerbaijan. While Azerbaijani side puts forward “respect of and support for the sovereignty” under the same umbrella. Beyond that, the text of Action Plan contains soft conditionality as the EU implicitly binds the “ambition of relationships” to “Azerbaijan’s commitment” (European Union 2006: 1). Among 10 priority areas outlined in the text 2 particularly need to be elaborated. The second priority area calls for enforcing democracy in the country. In terms of the content of such democratization, the EU does not introduce new principles and its requirement basically reiterates obligations of OSCE, CoE and Venice Commission. The next normative agenda is richer by content and embraces independence of the judiciary, better application of the Law on Freedom of information and promotion of civil society and NGOs. Other areas focus on sectoral reforms of economy. However, they also contain some normative oriented elements such as transparency and anti-corruption measures (European Union 2006: 5, 7). Apart from that, the text sets out specific actions to be taken within political dialogue to ensure approximation of legislation in the domains of democracy, rule of law, human rights (European Union 2006: 10-11). Primary normative means of diffusion repeatedly referred to throughout the text are dialogue, cooperation platforms and exchange of practices. There is no explicit reference to conditionality mechanism in the Action Plan, but it can be derived from the context.
Azerbaijan Country Strategy Paper 2007-2013.
Strategy Paper sets up a prime goal of bilateral relations – achieving “deeper political cooperation and economic integration” (European Union, Azerbaijan Country Strategy Paper: 3). The content implied under political cooperation is quite diverse. But the text specifies certain normative aspects within such framework. Accordingly, the Paper determines complementary objectives of promotion of human rights and good governance which are thought to assist Azerbaijan’s transition to “a fully-fledged democracy” (European Union, Azerbaijan Country Strategy Paper: 4). When evaluating Azerbaijan’s internal policy agenda, Strategy Paper emanates from the normative visions of the EU and lists guarantee of “democracy, protection of human rights, media and fundamental freedoms” as issues of mounting concern.
The document lays out an extensive analysis of political situation in the country as well as external factors contributing/impeding reformation process in Azerbaijan. This analysis explicitly points to serious problems in the institutional system of the government that portrays authoritarian tendencies and flaws in protection of human rights, fundamental freedoms in particular independent media, television, printed press, radio and Internet (European Union, Azerbaijan Country Strategy Paper: 9). For this reason, taking in to account lessons learnt from 2002-2006 TACIS projects, Country Strategy Paper presents long term EU assistance priorities which incorporate those of the Action Plan: “…focus on strengthening democracy and good governance, the rule of law, human rights and fundamental freedoms, including freedom of press and assembly” (European Union, Azerbaijan Country Strategy Paper: 20). Moreover, Support for Democratic Development and Good Governance is enlisted as one of 3 priorities within ENPI national allocation and assistance projects.
Implementation of the European Neighbourhood Policy in 2010 Country report: Azerbaijan.
The structure of the report slightly differs from the two documents we have already analysed. From the beginning the report conveys EU’s disappointment on the failure of the Azerbaijani government to fulfil its normative commitments that we have disclosed in the Action Plan. In the subchapter on “Political dialogue and reform” the report provides detailed description of principles guided by the EU. Poor performance of the country is concluded from the assessment of elections, civil service and judicial reforms, functioning of legislative power, the fight against corruption and transparency. Human rights and fundamental freedoms make up another domain of normative values sought to be promoted by undertaking actions in particular areas. This concerns first of all maintaining freedom of expression and media freedom, freedom of assembly, freedom of association and freedom of religion. Under a broad classification of human rights the text especially accentuates on the institution of Ombudsman, property rights and, for the first time since our observations, it makes reference to gender equality issues (European Comission 2011b: 4-5). The document does not indicate conditionality mechanism. However, democracy and good governance remain a priority in the ENPI framework. Despite a general negative tone of the report in domains of values and norms, it has noticeably welcoming expression of achievements in oil/gas sector “demonstrating the commitment of both sides to ensuring energy supplies to the European gas market” (European Comission 2011b: 3).
Implementation of the European Neighbourhood Policy in Azerbaijan Progress in 2011 and recommendations for action.
This document resembles the structure of previous progress report. The content, however, provides more normative elements and rhetoric. For the matter of the latter, the first part of the text touches problematic issues in the areas where normative values of EU are concerned – “commitments regarding democracy, including electoral process, the protection of human rights and fundamental freedoms and the independence of the judicial system”(European Commission 2012b: 2). Due to peculiarities of progress report document, it is difficult to trace explicit references to diffusion mechanism in the text. But generally, it calls for normative recommendation to be implemented: “Swiftly implement Human Rights Action Plan accepted in December 2011. Bring legislation on elections, freedom of assembly, freedom of association and media freedom into line with international standards and ensure its implementation.” (European Commission 2012b: 9).
Further, existing flaws are analysed in the in the subchapter titled “Towards Deep and Sustainable Democracy”. Foremost, the document highlights importance of transparent election process for normal functioning of democracy. By the same token, the text have reference to freedom of assembly, right to a fair trial and independently functioning judiciary. An eye catching moment here is interlinkage of the three norms in the framework they were used. Hence, violation of the right to freedom of assembly and detention of activists necessitates provision of transparent judicial process and fair trial to prevent politicized arrests. The EU similarly retains freedom of press and media under its normative focus. (European Commission 2012b: 4). Under a separate section the document introduces “other human rights and governance-related issues” which emanate from the EU’s normative basis and to which the EU expects the same level of compliance. This set of norms includes freedom of religion, property rights, NGOs and gender equality. (European Commission 2012b: 5).
Implementation of the European Neighbourhood Policy in Azerbaijan Progress in 2012 and recommendations for action.
The document reiterates concerns of the EU regarding poor progress in the normative areas we have detected in the Action Plan and previous reports. The relations between EU and Azerbaijan, including steps to promote European values, are brought under the framework of political dialogue. The text refers to reciprocal visits of high=level officials as an indispensable part of the dialogue (European Commission 2013: 2) Very little positive feedbacks can be found in the parts dealing with normative principles we are particularly interested in. All fundamental freedoms faced further restrictions, while democracy building was undermined by irregularities in the judiciary and remaining pitfalls in the electoral legislation (European Commission 2013: 4-5). Along with a broad human rights agenda the document contains specified appeal to women’s and children’s rights as well as careful consideration of disabled people and protection of trade unions’ rights (European Commission 2013: 6). Amongst all, freedom of expression was the most disrespected norm in the country with “a campaign of blackmail and intimidation, harassment and violence towards independent and opposition journalists” (European Commission 2013: 4). In several instances assessment of normative principles is supported by references to external sources, particularly Council of Europe and OSCE/ODIHR. There is no tangible progress in resolution of Nagorno-Karabakh problem and no signs of the EU’s active involvement can be detected. On the other hand, among few positive developments, the document accentuates on the energy cooperation: “Significant progress has been made under the Strategic Partnership on Energy between the EU and Azerbaijan….” (European Commission 2013: 2).
Implementation of the European Neighbourhood Policy in Azerbaijan Progress in 2013 and recommendations for action.
The document as all previous implementation reports is rather descriptive and abundant with controversial developments in the area of democracy, human rights and freedoms. But foremost, it welcomes fruitful cooperation on gas project and decision on the Shah Deniz II: “… decision can be seen as a strategic step towards stronger European energy security and as a major milestone for the diversification of energy supplies” (European Commission 2014b:3). In the negotiations over Nagorno-Karabakh settlement the EU acted as an outside observer of OSCE Minsk Group’s activities and did not go beyond funding of peacebuilding projects (European Commission 2014b: 4).
Assessments of political life are based on pre- and post- election developments both marred with violations of freedom of expression and freedom of assembly. Restrictions curbing freedom of expression had been applied by legislative amendments which, contrary to recommendations of the EU and Venice Commission, expanded the ground for defamation lawsuits (European Commission 2014b: 6). For the matter of human rights, the document acknowledges inefficiency of the national human rights action plan: “… a number of its stipulations remained on paper only, including those with deadlines for implementation in 2012 and 2013” (European Commission 2014b: 5). Restraints on NGOs, including EU-funded ones, evoked criticizing statement which was responded by decision of authorities to suspend country’s participation in Parliament Assembly of Euronest (European Commission 2014b: 6). A slight progress was noted in anti-corruption measures (European Commission 2014b: 8). In conclusion, Azerbaijan did not obey the key instructions – “… to ensure full freedom of expression and assembly and full functioning of a civil society” (European Commission 2014b: 4).
Azerbaijan National Indicative Programme 2011-2013.
A mid-term revision of Country Strategy Paper resulted in the adoption of National Indicative Programme (NIP) 2011-2013 with a total allocation of 122.5 million euros. The goal of NIP is to support the key provision deriving form PCA and Action Plan. In line with the latter NIP defines 3 priority areas. For our study particular interest raises the first group – Strengthening of Democratic Structures and Good Governance. However, allocations prescribed for this area, in comparison with the rest two, had been determined by the lowest figure – 25-30%35. The document uses rhetoric of normative justification by juxtaposing declining political environment with normative objectives of EaP in order to “show the need to anchor European values in the political system and governance of Azerbaijan” (European Commission, Azerbaijan NIP: 13).
Moreover, the text emphasizes the domain of democracy promotion in the light of its envisaged contributing role in a peaceful resolution of Nagorno-Karabakh problem. Additionally, this area is placed in to the context of conditionality as the text explicitly states: “Sufficient progress towards the principles and values of democracy, the rule of law and respect for human rights is an important precondition of upgrading the contractual relations between the EU and Azerbaijan....” Consequently, degree of compliance reflects in the budget allocated for a particular country. (European Commission, Azerbaijan NIP: 13-14). Compliance requires achievement of “specific objectives” and performance of “expected results” listed in each sub priorities. Sub priorities also include public administration reform, fight against corruption, human rights and fundamental freedoms and civil society development. The programme, generally, enforces harmonisation process between the EU and Azerbaijan by enhancing policy dialogue with the government and increasing government ownership (European Commission, Azerbaijan NIP: 24). The document reserves the right to review priorities in case Azerbaijani government deviates from commitments to PCA and Action Plan (European Commission, Azerbaijan NIP: 27).
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