MOTION FOR A RESOLUTION

24.10.2005

to wind up the debate on the statement by the Commission
pursuant to Rule 103(2) of the Rules of Procedure
by Hannes Swoboda and Panos Beglitis
on behalf of the PSE Group
on Azerbaijan

B6‑0559/2005

European Parliament resolution on Azerbaijan

The European Parliament,

–  having regard to its previous resolutions on Azerbaijan and the South Caucasus and, in particular, that of 9 June 2005,

–  having regard to its resolution of 20 November 2003 on 'Wider Europe – Neighbourhood: A New Framework for Relations with our Eastern and Southern Neighbours',

–  having regard to the Partnership and Cooperation Agreement with Azerbaijan, which entered into force on 1 July 1999 and in which respect for democracy, the principles of international law and human rights are enshrined,

–  having regard to the Commission's Country Report on Azerbaijan of 2 March 2005,

–  having regard to the Council statement on Azerbaijan of 6 October 2005,

–  having regard to Rule 103(2) of its Rules of Procedure,

A.  whereas the forthcoming parliamentary elections on 6 November 2005 will put to the test the commitments made by the Government of Azerbaijan to pursue the democratic process,

B.  whereas the inclusion of the countries of the South Caucasus in the European Neighbourhood Policy gives Azerbaijan the framework and possibility to align itself with European policies and values, building closer ties with the EU beyond the Partnership and Cooperation Agreement,

C.  whereas the European Neighbourhood Policy recognises Azerbaijan's European aspirations and the importance of Azerbaijan as a country with strong historical, cultural and economic links to the EU, and whereas a genuine and balanced partnership can only be developed on the basis of the shared values of democracy, the rule of law, respect for human rights and respect for minorities, and civil liberties,

D.  whereas the Action Plan for Azerbaijan should be drawn up in consultation with the government and civil society in order to develop a genuine democracy, with due respect for human rights and the rule of law; urges the Commission, in this regard, to coordinate its action with the Council of Europe and to make every effort to support and further develop the fragile Azerbaijani civil society,

E  whereas Azerbaijan has a history of seriously flawed elections, and whereas the 2003 presidential elections, in particular, were deemed by international observers to have fallen short of international standards,

F.  whereas, with a view to the parliamentary elections in November 2005, President Ilham Aliyev issued an Executive Order on 12 May 2005 on 'Improvement of Election Practices in the Republic of Azerbaijan',

G.  whereas the first Interim report of the OSCE's Election Observation Mission of September 2005 shows concern about restrictions on the freedom of assembly and confirms that the recommendations from the Venice Commission to improve the legislative framework for elections and to introduce key safeguards to enhance public confidence have only been partially implemented,

H.  whereas the second Interim report of the OSCE's Election Observation Mission of October 2005, while acknowledging some improvements in media access for all parties, highlights the continuing disproportionate restrictions placed on the election campaigns of opposition candidates by pro-government forces, and the fact that some election commissions do not implement the Election Code in a fair and impartial manner,

I.  whereas, following demonstrations in Baku on 25 September and on 1 and 9 October, the police used excessive and unjustified force against demonstrators, arresting dozens,

J.  whereas on 16 and 17 October, police detained around 200 opposition activists and arrested at least 86 in connection with the proposed return to Baku of the exiled Chairman of the Azerbaijan Democratic Party, Rasul Guliyev,

1.  Regrets the authorities' refusal to allow opposition rallies to take place freely in central locations in Baku, and deplores the intimidation and violence used by the security forces against demonstrators and activists;

2.  Calls for the immediate release of those arrested and an investigation into police brutality;

3.  Regrets that the seven opposition leaders arrested during protests following the 2003 Presidential elections have not been allowed to take part in the elections;

4.  Urges Azerbaijan to secure the independence of the judiciary and to guarantee the inherent and inalienable fundamental rights of persons under detention; calls on the authorities to take steps to remedy the deficiencies observed in trials and urges the government, in this regard, to implement the Council of Europe recommendations on the treatment of political prisoners following extensive and credible allegations of torture and ill-treatment;

5.  Condemns the harassment of journalists and the continuing pressure being put on journalists and the independent media, by way of restrictions on news outlets, printing and distribution networks; and expresses its concern about unequal media access for all candidates, which is very restricted for opposition and independent candidates while favouring pro-government candidates;

6.  Is concerned about the practical measures that have been put in place by the Election Commissions, which are open to fraud and may lead to unfair disenfranchisement, such as inaccurate registration lists, inadequate distribution of voting cards and disenfranchisement without a valid reason; expresses concern about such measures which do not safeguard the voting rights of the whole population, in particular internally displaced persons (IDPs);

7.  Urges the Commission to continue to provide the necessary assistance to the Azerbaijani Government so that it implements the legal and institutional reforms in the field of human rights and the rule of law;

8.  Urges the Azerbaijani Government to fully respect the Chicago Convention on International Civil Aviation, the ICAO standards and the relevant resolutions of the UN Security Council on Cyprus, and asks the Commission to monitor closely the situation created by the Azerbaijani authorities in opening up an air route between Baku and Northern Cyprus;

9.  Expresses its strong and continuing support for the efforts of the Azerbaijani people to establish a fully functioning democracy, the rule of law and respect for human rights in Azerbaijan;

10.  Stresses that the forthcoming elections, and in particular respect for international standards on democratic rules during the electoral process, are of the greatest importance for the further development of relations between Azerbaijan and the European Union;

11.  Urges the authorities in Azerbaijan to ensure that all the necessary conditions are met for the parliamentary elections to be free and fair both on election day and during the pre-electoral campaign and thus to ensure that its international commitments as laid down by the Council of Europe and the OSCE are respected;

12.  Urges the Azerbaijani authorities to ensure that during the last phase of the election campaign all parties will be provided with impartial and fair coverage of their campaigns;

13.  Instructs its President to forward this resolution to the Council, the Commission, the parliaments and governments of the Member States, the President, Government and Parliament of the Republic of Azerbaijan, and the Parliamentary Assemblies of the OSCE and the Council of Europe