Ministers’ Deputies

Information documents

CM/Inf(2002)36-final  30 August 2002

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Visit by Mrs Lydie Polfer, Minister for Foreign Affairs of Luxembourg, Chair of the Committee of Ministers, to the Caucasus (15-18 July 2002)

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INTRODUCTION

From 15 to 18 July 2002, the Chair of the Committee of Ministers and an accompanying delegation visited Azerbaijan, Georgia and Armenia.  The Chair was received by the Presidents and the most senior representatives of the executive, legislative and judicial authorities of the three countries.  She also met representatives of opposition parties, the media and non-governmental organisations.  The programme of the visit is appended.

The Chair wishes to thank the Azerbaijani, Georgian and Armenian authorities for their hospitality and spirit of co-operation.

The visit was part of the ongoing dialogue with the three recent new members of the Council of Europe and was aimed at measuring the progress achieved and the difficulties encountered in honouring the commitments made to the Council of Europe.  The Chair indicated that a further purpose of her visit was to share the experience of a small country surrounded by large neighbours that had found the road to prosperity and political stability through the democratic process and European integration.

GENERAL CONSIDERATIONS

.           The political and democratic development of the three countries is seriously hindered by the existence of unresolved conflicts (Nagorno-Karabakh, Abkhazia and South Ossetia).  The dramatic situation of hundreds of thousands of refugees and displaced persons is a heavy burden for the three countries and a large-scale violation of human rights.

.           The Chair underlined that political stability and peace were closely linked with the substantial strengthening of democracy and the rule of law.  Major progress has indeed been made in the three countries, but much remains to be done.  The Chair noted a clear political will among her discussion partners to continue down the road of reform and encouraged them to this end in recommending that they make maximum recourse to the expertise of which the Council of Europe disposes.

.           The situation in each country varies according to the heritage of its past and its traditional principles of governance.  Significant efforts have been made in the legislative field, but implementation is taking a long time because of the slow changes in mentalities, inadequate training of the professionals involved, corruption and the clan culture.  In Georgia, for instance, where the legislation is furthest advanced, confrontation between the clan system and the democratic system has led to a dangerous level of impunity.

.           The emerging civil society is trying to find its role and is placing great hopes in the Council of Europe.  Although NGOs had been well accepted when established, they indicated that increases in their effectiveness were leading the authorities to treat them with some degree of distrust.  On this subject the Chair stressed the importance of recognition - by the authorities – of the value of an active and critical civil society which is an indication par excellence of true democratic vitality of a state.

.           The Chair noted that the Council of Europe was held in high esteem and therefore bore a great responsibility towards the countries.  Calls were made for the co-operation programmes to be intensified and, even in Georgia, where the legislative framework is largely in place, requests were made for more legal expertise.  In Georgia’s case, the extremely positive action of the Tbilisi Information Office was underlined.

.           The lack of dialogue at political level is reflected in confrontation between the majority and the minority.  Acceptance of opposing views, the peaceful management of internal conflicts and recognition of the interests of the minority on the one hand and acceptance of majority rule on the other are not yet really part of political culture and it is therefore slow and difficult to get the various groups to accept them.

.           Public confidence in the countries’ institutions is in many respects very limited.  The development of such confidence takes time, but also demands clear signals as well as robust and high-profile measures.  In this connection, transparency in general and the guaranteed independence of the judiciary and the holding of free elections are of fundamental importance.  The Chair stressed the particular importance of training for judges and lawyers and proposed that programmes in this area should be stepped up both at multilateral and at bilateral level.

.           With regard to electoral procedure in the three countries, the NGOs expressed serious reservations about the validity of the most recent elections.  They stressed that the effectiveness of international election monitoring was limited by the alphabet and language barrier, especially in Armenia and Georgia.  Yet free and fair elections underpin the legitimacy of governments and help build confidence.  In this connection, the Chair wishes to underline the NGOs’ desire for the Council of Europe (and other Organisations active in the region like the OSCE) to take part in preparing and observing future elections, in particular through training and involving local observers more capable of checking practices in the countries (for instance, checking electoral registers and instructions).

AZERBAIJAN

.           The Chair noted that Azerbaijan had made great efforts in legislative terms and had ratified most of the conventions included in the commitments to the Council of Europe.  However, it was important now to apply these laws in a concrete and resolute manner and turn the country into a modern democracy, characterised by separation of powers, an independent judiciary and a free press.  President Aliyev underlined the great progress that had been made and asked for patience to be shown in this respect.

.           The Chair welcomed the election of the first ombudswoman, with whom she was able to hold discussions in the framework of her contacts with civil society and who was able to explain her functions and competences as well as her first experience in the field of mediation.  This appointment should increase respect for human rights in the country, and the NGOs have high hopes in it.

.           The Chair noted great mistrust among civil society and opposition parties towards the authorities.  The events in Nardaran, at the beginning of June, a number of arbitrary arrests and the failure to free the political prisoners were quoted in this connection, along with a lack of independence of the judicial authorities and electoral irregularities.  The Chair urged all her discussion partners to make an effort in these two areas fundamental in any democratic system.

.           She also raised the question of the lack of progress with the implementation of local democracy and the surprise caused by the announcement of a referendum on amending the Constitution.  She recalled and made explicit the criticisms regarding the procedure (failure to consult the Venice Commission), the timing (announcement in June of a referendum to be held in August, in midsummer) and the substance (complexity and diversity of the questions put, lack of uniformity of the subjects), and underlined the importance of transparency when it came to amending the Constitution.

.           Lastly, she reiterated the undertakings Azerbaijan had given following Parliamentary Assembly Opinion 222 with regard to political prisoners.  She noted that a good many prisoners had been released, but added that all the prisoners identified as political by the Secretary General’s experts would have to be released or retried, in accordance with the relevant articles of the European Convention on Human Rights.

.           On the question of political prisoners, the Azeri authorities stressed the progress made while making an assessment divergent from that of the Council of Europe for the three cases of MM. Gamidov, Gumbatov et Gaziev.  The notion of “political prisoner” is difficult to accept when these persons allegedly committed “military crimes”.  On the other hand, the government would give high importance to the reform of the prison system and improvement of conditions of detention.

.           While welcoming these last arguments on their own merits, the Chair recalled that the Council of Europe was intransigent with regard to the principle of fair trial and to conditions of detention which respect the standards of the Organisation.  She considered that the process of liberating prisoners or, where appropriate, the re-opening of trials should be continued in a resolute manner and in full respect of the relevant provisions of the European Convention on Human Rights, including for the three controversial cases mentioned above.

.           The organisation of the judicial system has made considerable progress according to the Minister of Justice, Mr Mamedov.  As examples he gave the establishment of a new selection procedure for judges on the basis of examinations, the institution of a Judicial Council, an autonomous entity which henceforth would guarantee the independence of the judiciary, and the raising of the salaries of magistrates.  The Chair took note with interest and satisfaction.

.           In the legislative field, the law on the media is under discussion in the competent Committees of the Parliament as well as being the subject of an expertise by the Council of Europe.  Azerbaijan cooperates with the OSCE in the framework of drawing up a new electoral code which will generalise the simple majority system.  In addition, 18 laws are being prepared to regulate the functioning of local authorities.

.           Finally, the Minister for Foreign Affairs and the President of the Constitutional Court defended the idea of constitutional reform, stressing that this reform will not pose legal problems and that it will make it possible, by the introduction of a majority voting system, to strengthen democracy by bringing parliamentarians closer to their electors.

GEORGIA

.           After making great progress in the first two years of its membership, Georgia is now riven with internal tensions.  Political fragmentation is paralysing the country’s parliament, and the clan system is defying the rule of law, creating instability and insecurity.  The country’s territorial integrity is threatened by the unresolved conflicts in Abkhazia and South Ossetia, as well as the repercussions of the Chechen conflict.  All of these factors are weighing down heavily on political and economic life in Georgia.

.           The Chair raised these questions with her discussion partners, as well as the question of the return of the Meshketians.  She stressed the necessity of creating a true rule of law – which presupposes concrete implementation of the existing legislative framework – as well as the fight against corruption.

.           The Georgian authorities recognized that the greatest challenge for the country was the wide and concrete implementation of the commitments accepted.  In particular insufficient application and implementation of legislation in the country as well as widespread corruption resulted in a difficult security situation in spite of the progress accomplished in the reform of the judicial system and the drawing up of a new penal code.  The reforms would be continued, inter alia in the training of judges, but it would take more time to change mentalities.

.           President Shevardnadze called for the European institutions to play a greater role in finding a solution to the conflicts.  In this connection, he welcomed the high-level visits, which drew the international community’s attention to the problems affecting the country’s sovereignty.  He hoped that the South Ossetia issue would soon be resolved, underlining that the basis for an agreement existed.  He described the issuing of Russian passports to the Abkhazians as dangerous interference and hoped that the agreement on the fundamental principles applicable to the apportionment of powers between Tbilisi and Sukhumi would be accepted as quickly as possible by the parties.

            The difference in treatment between Abkhazians and Meshketians regarding the simplified acquisition of Russian nationality was raised, and the Chair noted that the difficult relations between Russia and Georgia had an impact on the treatment of the Meshketians by both sides.  She pointed out that the return of the Meshketians was one of Georgia’s undertakings.  Admittedly, a 10-year deadline had been set, but the process was still taking too long.  The Georgian discussion partners put this down to Georgia’s internal difficulties and its inability to cope with the number of displaced persons already on its territory.

.           The NGOs indicated that dialogue with the authorities could be better and expressed concern about a breakdown of order and the state in Georgia.

.           They felt that a significant decline in the application of the law was taking place, as demonstrated by the recent local elections, and voiced concern about manifestations of violence and intolerance, harassment of ethnic and religious minorities and abductions and attacks that were going unpunished.  Judges and lawyers were being subjected to intimidation and physical threats from the authorities, clans and sections of the media (“crime was becoming a way of life”).

.           Referring to the increase in harassment and threats against religious minorities, the NGOs suggested that the Council of Europe puts in place a procedure for monitoring investigation procedures and the operation of the justice system, along the lines of the monitoring conducted in Azerbaijan with regard to political prisoners, so as to put an end to impunity.

.           The Chair told her discussion partners of her concern about this state of affairs, mentioning, in particular, the abduction of Mr Peter Shaw and the attack in mid July on the Liberty Institute.  She underlined the dangers of a culture of impunity and expressed the hope that the internal reconciliation among Georgians which the President wished for would help to restore national unity.

ARMENIA

.           In Armenia, the authorities expressed their appreciation for the monitoring procedure conducted by the Council of Europe, which was enabling the country to keep track of progress and of the efforts which still needed to be made.  They mentioned two main problems in terms of the honouring of the country’s undertakings: firstly, the constitutional reform, the deferral of which was slowing down progress in terms of human rights, the separation of powers and local self-government, and, secondly, the question of the effective abolition of the death penalty.

.           The Chair noted that the referendum on the Constitution would be held by May 2003 at the latest.  Given the importance of this referendum as the basis for many subsequent reforms, she considered that it should be organised without further postponement.  With regard to the death penalty, she said that it had to be abolished in all cases and emphasised with all her discussion partners the consequences any “exceptional executions” would have on relations between Armenia and the Council of Europe.  She took note of the clear and unequivocal position of the Head of State in this respect.

.           Her discussion partners admitted that progress still had to be made with regard to the independence of the judiciary, which was undermined by the appointment procedure, inadequate training, low salaries and corruption.  The Chair also underlined the importance of media freedom, especially during election periods, and said she hoped that the opposition would have fair access to the media at the next elections.  With regard to the non-renewal of the licence of the “A1+” TV station, the authorities gave information concerning the rejection of the previous offer and explained that a new public call for tenders for frequencies would take place in September and that A1+ would certainly be permitted to participate.  The Chair welcomed this attitude while explaining the merits of a diversified media sector.

.           The authorities expressed their support for regional co-operation and the Council of Europe cultural routes programme, which could help build trust by means of a political approach giving value to national, transfrontier and regional heritage.

.           Referring to the importance of regional cooperation the Armenian Minister for Foreign Affairs reiterated his authorities offer to play host to a Regional resource Centre of Cultural Routes in Yerevan, complementary to the already existing Institute in Luxembourg.  Another project with a regional component will be the Conference on the “Dialogue between civilisations” which will be jointly organised by the United Kingdom, Armenia and Iran in March 2003.

.           The NGOs, for their part, mentioned in a general manner the poor functioning of the judicial system as one of the main problems in Armenia.  Concerning the forthcoming elections, they considered that electoral legislation had shortcomings and expressed fears that these elections would be organised in such a way as to facilitate fraud.

NAGORNO-KARABAKH

.           Upon joining the Council of Europe, Armenia and Azerbaijan undertook to settle the Nagorno-Karabakh conflict peacefully.  However, it has to be said that the situation has changed little since their accession, in spite of repeated appeals for reconciliation and the intensification of negotiations, whether in the framework of the Minsk Group and its three co-Chairs or through direct contacts between the two Presidents.

.           Apart from the difficulties inherent in the problem itself, one of the explanations for the deadlock would seem to be the ambiguity of the relationship between power and the consequences of settlement of the conflict.  As one of the discussion partners pointed out, “Nagorno-Karabakh is both a source of power and a threat to the authorities’ power”, since the atmosphere of latent war distracts attention from other problems, while also stoking hostility and rejection of compromise.

.           At present, the imminence of elections on both sides is complicating the negotiations, as any compromise constitutes a personal risk for both Presidents.  The populations of both countries do, in fact, regard the settlement of the conflict as a national cause: the opposition forces in Azerbaijan described the non-resolution of the conflict as “problem No 1”, emphasising the country’s territorial integrity and demanding the right to return for all refugees.  In Armenia, the NGOs highlighted the “right to self-determination of Nagorno-Karabakh, an Armenian territory, through elections or war.”

.           This state of affairs is radicalising the positions of the authorities in both countries, the independence of Nagorno-Karabakh being non-negotiable on both sides.  President Aliyev reaffirmed the principle of the territorial integrity of Azerbaijan, calling insistently for the withdrawal of the occupying forces.  He said he could not accept the independence of Nagorno-Karabakh, but was willing to accept the highest possible degree of autonomy.

.           If an exchange of territories were to be envisaged, with corridors benefiting both sides, he asked the Armenian authorities to make corresponding proposals.  He also stressed that such corridors should be regulated by the same principles of sovereign use.

.           President Kocharian stressed that the two sides had been only inches away from an agreement in Paris and Key West, but Azerbaijan had backtracked between the two meetings.  Armenia could not accept a return to the status quo ante, the independence of Nagorno-Karabakh or its attachment to Armenia being a minimum and a precondition for any settlement.

.           Both Presidents did, however, say that they would not allow themselves to be influenced by election issues.  Nevertheless, at the time of the Chair’s visit, no date had been set for the meeting between the two Presidents due to be held in July.  To an external observer, the interpretation of the concessions made at the Paris meeting varies greatly between Yerevan and Baku.  The two sides blame each other for the failure.

.           The Chair expressed the view that trust and thus the solution to the conflict depended on democratisation in the two countries.

.           The two sides presented diverging positions regarding the elections held on 11 August in Nagorno-Karabakh.  The Chair expressed the strong hope that the issue would not have an impact on the resolution of the conflict.

.           While the Armenian side sees merit in a step-by-step approach to reduce tensions through a policy of confidence-building measures, the Azeri authorities had not up to now given a signal of openness to the establishment of such measures and continue to call for a global solution before the launching of any other form of cooperation.

CONCLUSIONS

The three countries are positive about their membership of the Council of Europe and stressed that the undertakings given were helping them in their progress towards democracy.  They appreciate the monitoring procedures, which they regard not as interference, but, on the contrary, as a guide.  “We need teachers”, were President Shevardnadze’s words.

The Council of Europe is held in high regard in the three countries and both the authorities and civil society expect a lot from it.  The Chair emphasised that the Council of Europe must satisfy these expectations by stepping up co-operation and devising targeted programmes in priority fields such as the training of judges, lawyers and security force personnel and the monitoring of elections.  For this it needs precise and regular indications from the three member states of their real needs.

While speaking of the necessity for the Council of Europe and other organisations active in the three countries to intensify their assistance programmes, the Chair considered that the three member states should, for their part, turn resolutely towards the future and take charge of their own destiny, considering external support as an essential element, but one which was only able to become really effective given the contribution and commitment of all political forces as well as civil society in its widest sense.

Where Armenia and Azerbaijan are concerned, reference should be made in this context to the conclusions and recommendations of the Monitoring Group created with the aim of assisting these two member states to assume their responsibility towards the Council of Europe (GT-Suivi.Ago), as they appear in the report CM(2002)79, dated 3 June 2002, which remain entirely valid, and whose contents and scope are shared by the Chair.

Concerning Georgia, which does not benefit from institutionalised monitoring of the same type, the Chair considers that it is important to intensify cooperation links with the Council of Europe in all sectors, in order to pursue the ongoing legislative reforms and to launch those which remain necessary in the light of the commitments accepted.  The authorities should feel themselves encouraged to seek the advice and expertise of the Organisation on a regular basis, whenever questions within its competence are dealt with, and preferably in advance of the process of final parliamentary approval.  The Chair is also considering the usefulness of following up the request of the NGOs active in Georgia concerning the introduction of specific monitoring of the functioning of the judiciary and suggests that the Rapporteur Group on Democratic Stability as well as the Deputies examine this possibility.

Finally, the Chair sees the promising potential of increased regional transfrontier cooperation between the three Transcaucasian countries in the most varied fields such as education, culture and heritage and youth, sport and environmental policy.  The Council of Europe in general and the Congress of Local and Regional Authorities in particular are ideal partners in the realisation of such cooperative prospects.  Another promising track in the framework of regional rapprochement is that of inter-parliamentary cooperation, under the auspices of the Parliamentary Assembly of the Council of Europe.

Appendix

Programme for the visit of

Mrs Lydie Polfer,

Deputy Prime Minister of Luxembourg

to Baku, Azerbaijan

15‑16 July 2002

15 July, Monday

21:00                                   ‑ Arrival to Baku airport

21:45                                   ‑ Arrival to the "Hyatt Regency" Hotel

16 July, Tuesday

08.45‑09.30                          ‑ Working breakfast with the representatives of NGOs

09:30‑09:45                          ‑ Meeting with Mr Gross, member of PACE

09:50                                   ‑ Departure to the Ministry of Foreign Affairs

10:00‑11:00                          ‑ Meeting with Mr Vilayat GULIYEV,

                                           Minister of Foreign Affairs of the Republic of Azerbaijan

11:00                                   ‑ Departure to the Constitutional Court

11:15‑12:00                          ‑ Meeting with Mr Khanlar HADJIYEV,

                                           President of the Constitutional Court of the Republic of Azerbaijan

12:00                                   ‑ Departure to the Ministry of Justice

12:15‑13:00                          ‑ Meeting with Mr Fikret MAMEDOV,

                                           Minister of Justice of the Republic of Azerbaijan

13:10‑14:30                          ‑ Official lunch offered by Mr Vilayat GULIYEV,

                                           Minister of Foreign Affairs of the Republic of Azerbaijan

12:00                                   ‑ Departure to the Milli Majlis

14:45‑15:30                          ‑ Meeting with Mr Murtuz ALESKEROV,

                                           Chairman of the Milli Majlis of the Republic of Azerbaijan

                                           ‑ Meeting with members of the Parliamentary Opposition

                                           ‑ Departure to the Office of President of the Republic of Azerbaijan

                                           ‑ Meeting with H.E. Heydar ALIYEV, President of the Republic of Azerbaijan

                                           ‑ Departure to airport

                                           ‑ Press‑conference at the airport

18:00                                   ‑ Departure to Tbilisi

Programme for the visit of

Mrs Lydie Polfer,

Deputy Prime Minister of Luxembourg

to Georgia

16‑17 July, 2002

Tuesday 16 July

19.00                                   Arrival from Baku

19.00‑19.15                          Official Welcoming Ceremony

19.15                                   Depart for the hotel

19.30‑20.45                          Accommodation and rest at the hotel

20.45                                   Depart for the Restaurant "Khomli"

21.00                                   Official dinner hosted by the Minister of Foreign Affairs of Georgia

Wednesday 17 July

08.30‑09.15                          Working Breakfast with the Minister for Special Affairs, Mr Kakabadze

09.15                                   Depart for the Ministry of Foreign Affairs of Georgia

09.30‑10.15                          Meeting with H.E. Mr Irakli Menagarishvili, Minister of Foreign Affairs of Georgia

10.15‑11.00                          Cultural Tour

11.00                                   Depart for the Ministry of Justice of Georgia

11.00‑11.45                          Meeting with Mr Roland Giligashvili, Minister of Justice of Georgia

11.45                                   Depart for the Supreme Court of Georgia

12.00‑12.30                          Meeting with Mr Lado Chanturia, Chairman of the Supreme Court of Georgia

12.30                                   Departure for the hotel

12.45‑14.00                          Lunch and rest at the hotel

14.00‑15.00                          Meetings with local NGOs

15.30‑15.45                          Meeting with the Secretary of State of Italy

15.45                                   Depart for the Parliament of Georgia

16.00‑16.45                          Meeting with H.E. Ms Nino Burjanadze, Chairman of the Parliament

                                           of Georgia and with opposition parties

16.45                                   Depart for the State Chancellery

17.00‑17.45                          Meeting with H.E. Mr Eduard Shevardnadze, President of Georgia

17.45‑18.00                          Press conference

18.00                                   Depart for the airport

18.15‑18.30                          Official farewell ceremony

18.30                                   Depart for Yerevan

Programme for the visit of

Mrs Lydie Polfer,

Deputy Prime Minister of Luxembourg

to Armenia

17‑18 July, 2002

17July, Wednesday

19.00                                   ‑ Arrival at the "Yerevan" international airport

19.15                                   ‑ Departure for the hotel "Yerevan"

19.30                                   ‑ Arrival, accommodation, rest

20.00                                   ‑ Meeting with non-governmental organisations

20.50                                   ‑ Departure

21.00                                   ‑ Dinner hosted by Mr D. Haroutunyan, Minister of Justice

                                           ‑ Departure for the hotel, rest

18 July. Thursday

08.30                                   ‑ Breakfast

09.35                                   ‑ Departure for the Ministry of Foreign Affairs

09.40‑10.20                          ‑ Meeting with Mr Vartan Oskanian, Minister of Foreign Affairs

10.25                                   ‑ Departure for the Constitutional Court

10.30‑11.10                          ‑ Meeting with Mr Gagik Haroutyunian, Chairman of the Constitutional Court

11.15                                   ‑ Departure for the National Assembly

11.20‑12.10                          ‑ Meeting with the members of groups and factions represented in the

                                           National Assembly, including opposition parties

12.15‑12.45                          ‑ Meeting with Mr Armen Khachatrian, Chairman of the National Assembly

12.50                                   ‑ Departure

13.00‑14.30                          ‑ Lunch hosted by Mr V. Oskanian, Minister of Foreign Affairs

14.35                                   ‑ Departure for hotel, rest

15.00                                   ‑ Cultural tour

16.00                                   ‑ Departure for the Presidential Palace

16.05‑16.50                          ‑ Meeting with Mr Robert Kocharian, President of the Republic of Armenia

16.55                                   ‑ Departure for the Ministry of Foreign Affairs

17.00‑17.30                          ‑ Press conference

17.35                                   ‑ Departure for hotel

17.40                                   ‑ Arrival at the hotel, short rest

18.00                                   ‑ Departure for the "Yerevan" international airport

18.25                                   ‑ Flight to Luxembourg